NJAC would have addressed issue of judicial accountability: Jagdeep Dhankhar

Rajya Sabha Chairman Jagdeep Dhankhar on Friday referred to the National Judicial Appointments Commission (NJAC) that was struck down as unconstitutional by the Supreme Court in 2015, pointing out that had the mechanism that was passed with near unanimity in Parliament been allowed, the issue of judicial accountability would have been addressed.

After Congress leader Jairam Ramesh raised the issue of cash being found at the residence of a Delhi high court judge, Dhankhar, without naming the NJAC legislation, said, “That historic legislation endorsed by this Parliament with unprecedented consensual support unknown to the parliamentary history of this country dealt with the malaise very severely. If the malaise had been dealt with perhaps we would not have countenanced such kind of issues. What bothers me is that the incident happened and did not immediately surface.”

Addressing the House, about NJAC that was passed in 2014, Dhankhar said, “You all will recollect if the mechanism which was passed by this House with near unanimity, with no dissension, only one abstention in Rajya Sabha, all political parties converging, going in for the initiative of the government. I wish to find out the status of that which emanated from the Indian Parliament made sacrosanct by the endorsement of 16 state assemblies in the country and signed by the Hon’ble President under article 111 of the Constitution.”

Dhankhar expressed concern that the issue of cash at the judge’s residence did not come to light immediately. “If it happens with a politician, he becomes a target, a bureaucrat, an industrialist immediately and therefore systemic response which is transparent, accountable, effective, I am sure will be on the way.”

Striking down NJAC, the Supreme Court said the judiciary cannot risk being caught in a “web of indebtedness” towards the government.

Referring to the petition signed and submitted by 55 MPs in December last year seeking impeachment of Allahabad high court judge Shekhar Kumar Yadav for his alleged hate speech, Dhankhar said his office has sought responses from the MPs who signed the petition. However, one MP whose signature appears twice has reverted that he did not put his signature on the petition.

“I am seized of a representation by 55 members of this House and I have taken all necessary steps to get their verification. First mail was sent to all of them and the good thing is most of the members have responded positively, helping me perform my duty. Some members are yet to do.”

He said a mail reiterating the same has been sent to them again. “I have taken all procedural steps but I must share with you one concern that is engaging my attention. Of the 55 members who signed the representation, a member’s signature appears on two occasions and the member concerned has denied his signature. Now I do not wish to get into this act which may graduate to culpability to a higher level. If the number is above 50, I will proceed accordingly.”