SUPREME COURT JET STRIKING DOWN THE NJAC

The constitution having been established by the people to govern themselves, it is the spirit thereof and the intention behind it and not the words in the same which are more important. If an amendment made by the politicians even if acting through the parliament is suspect in its intentions it will be struck down by a vigilant judiciary. Today with all imperfections in the judiciary present,it still inspires much more confidence of the people rather than any institution comprising politicians of any political party.There was a valiant attempt by the people to transform the politics in the country which had suddenly inspired a vast mass of people in the country.The Aam Admi Party therefore achieved unprecedented success in the Delhi elections. Arvind Kejriwals' actions methodically demolishing each and every principle that AAP stood for has destroyed this attempt. People are again looking at politicians as a corrupt and self entered people hardly concerned with the people or the nation.

 In this climate the people will rejoice in this judgement. The people trust the judges much  more than the politicians.

Right from 1950 to 1980, even though the power of appoint judges was with the executive, and the role of the judiciary was only to be consulted through the the Chief Justice of India assisted by the Chief Justices of the High Courts.The Govt was always during this period going by the advice received from the CJI without any attempt to influence his views.The only aberration was in 1973,when three senior judges in the Supreme Court were superseded on political considerations but the Indira Gandhi Government. As Law Minister in the Janta Party Govt during 1977 to 1979, I can say with authority that each and every appointment was made strictly according to the recommendations of the CJI without the slightest attempt to influence his views.

It was only after 1980 that political attempts to influence the views of the CJ's in the High Courts as also the CJI started and gradually the need to correct the situation was felt in the Supreme Court leading to the collegium judgement. It is quite true that there are many shortcomings in the collegium system also which need to be set right to get a better set of judges in the High Courts and get enter inputs from the people and also the bar. I am one of those who strongly believe that there is a lot of scope in securing more knowledgable, able and objective judges capable of rendering much quicker justice. And of course an insistence on 100% integrity is a must.

I am happy that the constitution bench judgement itself has referred to the deficiencies in the collegium system and would be soon having a hearing on this in an attempt to make the system as perfect as possible.

SHANTI BHUSHAN

My experience as Minister for Law Justice and Company Affairs

In 1977 when I was Law Minister in the Cabinet of Morarji Desai, I had four departments under me. Legal affairs whose main function was to give legal advice to all other departments, the Legislative department which drafted all bills and rules, Justice department which dealt with appointments to the Supreme Court and the High Courts and the department of Company Affairs which was responsible for administering the Companies Act. My full designation therefore was :

"The Minister for Law Justice and Company Affairs"

I happened to get invited to a function to make an inaugural speech. I was introduced there with my full designation as Minister for Law Justice and Company Affairs. When I stood up to make my speech I started by referring to the introduction and said that this designation of mine was creating great difficulties for me and the other day when I was working in my office an old gentleman came to meet me. He told me that he was an old widower and was feeling very lonely in life. I was perplexed and asked him what on earth I could do in this. My reply made him very angry and indignant. He loudly asked me whether I was not the Minister for Company Affairs. On my replying that I indeed was.He declared that as Minister for Company Affairs it was clearly my duty to arrange an affair for an old widower like him which would give him company to relieve him of his loneliness.This stumped me and made me realise how onerous my duties were.

In the next cabinet meeting I narrated this incident and everyone had a big laugh. Then somebody brought out the designation of Atal Behari Vajpayee which was Minister for External Affairs and raised the query whether Atal ji was permitted to have affairs only outside India and the only Minister who could have affairs inside India was Chaudhary Charan Singh being the Minister for Home Affairs.This indeed made for quite a sad state of affairs for the Janta Party, not a good omen for its longevity. 

SHANTI BHUSHAN

Former Union Law Minister & Senior Advocate

Sir Tej and his classmate, The Chief Justice of Nabha

This interesting story was narrated by Sir Tej himself when I used to attend his chambers during the day and his public darbar in the evening.

In the years after 1920 when Sir Tej Bahadur Sapru was the Law Member of the Viceroys Executive Council and was living in Delhi, an old classmate of his happened to call on him.The visitor was made to sit in the drawing room and Sir Tej was informed. When Sir Tej came the visitor introduced himself as his old classmate in school. Sir Tej remembered him well and asked him what he was doing now. He said that he was Chief Justice of Nabha State. Sir Tej complimented him on his achievement and happened to ask him what salary was he getting. His reply shocked Sir Tej out of his wits.He said that his salary was Rs 66 per month. The salary paid to a member of the Executive Council was Rs 6600 per month.

Sir Tej said that the salary was extremely inadequate for the position of a Chief Justice and he would speak to the Maharaja of Nabha who was coming to dine with him in a day or two. Afterwards when Sir Tej came out to see him off at the porch he saw the new Nash Car in which the Chief Justice had come. So he said that the State was at least giving a grand car to its Chief Justice.The class fellow however said that it was not the State’s car but he himself had purchased it a week before. 

When the Maharaja came for dinner after a few days Sir Tej remembered the conversation with his classmate and told the Maharaja that it was not proper at all to pay a Chief Justice such a low salary as Rs 66 per month.The Maharaja had a big laugh and said whether the man was paid 66 or 6600, khayega sala phir bhi. (He will still make money by corruption whether he was paid a salary of Rs 66 or Rs 6600)

One has no means of knowing whether the Maharaja knew that Sir Tej was getting a salary of Rs 6600. Sir Tej however took the comment in his stride and gave the Maharaja benefit of doubt that the comment was not directed against Sir Tej himself.

SHANTI BHUSHAN

FORMER UNION LAW MINISTER & SENIOR ADVOCATE

SIR TEJ BAHADUR SAPRU'S HEADACHE

On a day in 1947 when my father happened to visit Sir Tej Bahadur Sapru at his residence he found him immersed in deep thought and a little worried. 

On my father’s asking what was worrying him, he took my father into confidence and told him, "Vishwamitra, in my life I have earned a lot but having lived a lavish life I have also been spending all that I have been earning and I have hardly saved any money. 

My worry is that when I die tomorrow all my children and grandchildren would say 

'Sale ne itna kamaya lekin sab khud hi kha gaya,hamare liye kuchh bhi nahin chhodha’ 

(Translation:This scoundrel earned so fabulously but ate away everything himself leaving nothing for us).  

Vishwamitra, I have two pieces of land in Delhi which my maternal grandmother had bought for Rs 600 and Rs 400 long time back and which came to me by inheritance.

A colonizer from Delhi saw me a couple of days back and told me that if the Govt. of India gave permission for colonization on those plots he would be prepared to buy them for Rs 18 lacs and Rs 12 lacs. Prime Minister Jawahar Lal is coming to see me day after tomorrow and I will request him to get such permission granted. In that case I would be able to get Rs 30 lacs which will enable me to leave Rs 2 lacs to each of my children and I would be able to die in peace without any fear of my grandchildren abusing me after my death that 'Sale ne itna kamaya lekin Sala sab khud hi kha gaya’. 

Sir Tej did make the request to the PM and eventually the permission was granted by the Government and each of his children including my class fellow Brij Narayan Sapru who later became a High Court Judge got cheques of  Rs 2 lacs each which was a huge amount in 1948 . Sir Tej thereafter died in peace on 20th January 1949. His last wish was granted. 

SHANTI BHUSHAN

FORMER UNION LAW MINISTER & SENIOR ADVOCATE

SUPREME COURT OF INDIA

JUDICIAL BUREAU OF INVESTIGATION : MY SOLUTION TO CORRUPTION

I believe in every word which Justice Katju has said about corruption in the Judiciary. Though CJI Lodha is one of the most upright judges that this country has produced, perhaps he also like many other upright judges feels that reputation of the judiciary is more important than a corruption free judiciary.

In my considered opinion the only way to eliminate corruption in the judiciary is to create a Judicial Bureau of Investigation (JBI) directly under the control of the Supreme Court with power to investigate any judge alleged to be corrupt with the power also to tap the phones of such judges. The Supreme Court could create this JBI even by a judicial order.

 In many cases as the Federal Court said in 1949 in Justice Shiv Prasad Sinha’s case from Allahabad High Court that a perusal of some orders passed by a judge can by themselves establish that the orders could not have been made due to an honest error and could only be on account of some extraneous consideration and must lead to removal without any other corroborative material.

While we have many eminent able and incorruptible judges in each High Court, it also cannot be denied that the High Courts have many judges who are prepared to sell their souls if enough money is on offer. I do not know how many Supreme Court judges are aware of this, but ignorance of corruption in the Judiciary is not the right way forward and hence I fully support Justice Katju because he is the messenger of this bad news but this bad news needs to be conveyed.

 "Don't Shoot the Messenger": SHOOT THE CORRUPT. 

SHANTI BHUSHAN

FORMER UNION LAW MINISTER & SENIOR ADVOCATE

SUPREME COURT OF INDIA.

SPIRIT OF THE GAME SHOULD BE MAINTAINED

Whatever be the truth in the Jadeja-Anderson episode, though to me the Indian version, that without any provocation from Jadeja, Anderson abused and pushed Jadeja seems to be quite unlikely and the version of Anderson that he did abuse Jadeja on the provocation of Jadeja seems likely to be closer to the truth. I am very strongly of the view that the Indian complaint is doing Indian Cricket no good.

Let us appreciate that a victory does you proud only when it is fairly obtained against the best team of the other side. What is the value of a victory if it is achieved against a depleted team of the opposition by getting their best bowler disqualified?

A Test win in cricket does not get you any wealth or a piece of territory but only honor and happiness. Both these would be absent if you win against a depleted team.


SHANTI BHUSHAN

FORMER UNION LAW MINISTER & SENIOR ADVOCATE
SUPREME COURT OF INDIA.

Why did Sonia Gandhi refuse Prime Ministership?

Since a controversy is raging in the wake of Natwar Singh’s book on Sonia’s refusal to be PM, I propose to express my views on this.

In my opinion, several factors have combined to make her refuse and her inner voice was her well-considered decision by carefully assessing all these factors. One, the fear of getting assassinated on assuming high office. The assassination of Indira and Rajiv happened under very special circumstances on account of some very wrong decisions taken by the two. There was hardly any chance of any such happening in the case of Sonia. But members of the immediate family do not view things so rationally and they are apt to exaggerate their fears many times over, on account of their natural love for their loved one. So Sonia’s children must have been insistent on her not accepting to become PM. Second, the job of the PM in India is a very difficult one. Any and everybody is not equipped for the job. It requires great administrative and political acumen to handle such a job in India which is full of problems.Sonia apparently was hardly so equipped.

In my opinion in spite of her being hardworking as her 2004 campaign showed, she would have been a miserable failure as PM. She must have been fully conscious of all her limitations in this regard. So her fear of failure also must have told her inner voice so. Third, if she accepted to be PM in spite of her Italian descent, the BJP would have launched a huge movement against her, even though she was fully eligible to be PM after becoming an Indian citizen.

It was therefore a very wise decision to refuse to become PM.

A PM has to run the government and the country which is a difficult job. He also has a lot of patronage to distribute by which one can establish his hold on the party. So Sonia did a very clever thing. She selected Manmohan Singh, a political nonentity for being PM, so that he could run the government and she could distribute the patronage and select ministers, governors as well as other important functionaries. So she wielded power without being accountable, a very very convenient arrangement indeed.

Now that the Congress is not in power, and she cannot distribute any patronage, her hold on the party is weakening and is likely to disappear fast.

SHANTI BHUSHAN

FORMER UNION LAW MINISTER & SENIOR ADVOCATE
SUPREME COURT OF INDIA.