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Quota is okay, but impeachment of Judge is wrong
Highlights
Former Judge Justice B Chandra Kumar tells The Hans India in an interview
“The biggest threat, today, for the country is corruption and countrymen should fight against it at all levels and on this issue we are all with Honourable Justice Pardiwala of Gujarat High Court, but I feel that his comments on reservations are not correct. At the same time, it is also not correct on the part of the MPs to initiate a process for impeachment of the judge, says Retired Justice B Chandra Kumar. In a freewheeling chat with V Ramu Sarma, Justice Chandra Kumar said everybody has a right to express his view and judges too should have freedom to express. Moreover the ground on which the notice for impeachment was given is contrary to Article 124(4) of the Constitution.
Fifty eight Rajya Sabha members moved a notice to impeach Justice Pardiwala of Gujarat High Court for his remarks against reservation while hearing a case concerning Hardik Patel. How do you react to it?
There are two questions involved in it. Whether the honourable Judge is justified in making such remarks or not and whether the initiation of notice of impeachment is correct. Unfortunately we have most of intellectuals including some of the Judges who have not properly understood the constitution and the background of the constitution. One of the objects of the constitution is to achieve socio-economic political justice to all citizens and minimise inequalities in society.
Would you please elaborate on it?
Article 39 of the constitution says that the citizens, men and women equally, have the right to an adequate means to livelihood; that the ownership and control of the material resources of the community are so distributed as best to subserve the common good; that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment; that there is equal pay for equal work for both men and women; that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength. This means that all sections and groups should get protection and their living standards should improve. Executive, Judiciary and Legislature should respect the constitution. Every act of theirs should be in accordance with the provisions of the constitution.
Do you mean to say that this has not happened since Independence?
See India is a caste based society. In some areas it is pre-dominating. In some places inter caste couples are even killed. In the name of Manu Dharma Shastra education is denied to weaker sections. They forget that every human being is a child of god and equal. In this background reservation is important. To me it appears that the honourable Judge has not taken these facts into consideration. Yes, initially the reservations were for only 10 years but all successive governments failed to bring education and medical facilities within the reach of the common man. Though government had provided reservations in jobs, now there are no recruitments and private sector does not bother about reservations. Hence I am not able to accept the comments of Justice Pardiwala on reservations.
But what about his comments on Corruption and the notice of impeachment?
On corruption we are with the Honourable Judge. It is certainly the biggest enemy. At the same time I feel that the notice for impeachment is also not correct. Everybody has the right to express his view. Judges too should have freedom to express. Article 50 of the Constitution says, “The State shall take steps to separate the judiciary from the executive in the public services of the State.” Judges should have boldness to give proper judgement. Coming to impeachment, Justice Pardiwala does not meet the criteria as stated in Article 124 (4) of the Constitution. It says that a judge can be impeached on the ground of misbehaviour and incapacity. Justice Pardiwala does not meet any of these criteria.
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