In the court of last resort (A new CJI for the Supreme Court)

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In the court of last resort (A new CJI for the Supreme Court)

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• Justice Gogoi Vs. Chief Justice Gogoi: In January 2018 four judges of the SC held a “rebel” press conference. They had objected to the manner in which the then CJI was allocating cases to different benches. Justice Gogoi was one of them.
• Justice Gogoi's track record: Justice Gogoi's track record suggests that in the past he has taken recourse to active intervention in administrative matters. Some say his decisions at times haven’t been transparent.

• NRC Decisions:

1. In late 2014 a bench headed by him directed the state coordinator of NRC Assam to submit a list of steps and measures taken in a "sealed envelope". This showed that SC had moved beyond mere oversight.
2. A 2-member bench headed by Justice Gogoi set out a detailed time schedule and directed that the draft NRC should be completed by January 2016.
3. The court did not make public the steps involved in preparation and updation of NRC.
4. The Court had approved a completely new method of ascertaining citizenship known as "Family Tree Verification".

• Extensions granted grudgingly:

1. The time schedule given by SC was unrealsitic and extensions were granted grudgingly.
2. On 30th November 2016 the SC refused an extension. It ordered a partial NRC to be published on 31st December.
3. This led to law and order problems in Assam.

• 4 million people left out: In the final draft of NRC (July 2018), 40 lac+ people were left out. The NRC coordinator submitted the process of filing objections which was not made public by the SC.
• The system of checks and balances: Parliament must pass a law. Then the executive – which is best acquainted with the facts and circumstances on the ground – implements it. Finally courts review it. But in NRC the SC took the 2nd and 3rd stages on itself.
• Loss of human lives: Undue haste in implementing NRC has led to suicides in Assam.
• Unaccountable power: The courts should not use the power vested in it without any accountability. Justice Gogoi has to ensure that.
• Summary : The Indian Constitution has a clear demarcation of powers between Legislature, Executive and Judiciary which must be maintained.

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