Law minister 'begs to differ' with chief justice
The law minister, Anisul Huq, on Tuesday expressed his difference of opinion with chief justice Surendra Kumar Sinha's observation that article 116 of the constitution is one of the main reasons behind the sluggishness of the judiciary.
"With due respect, I beg to differ," he said at a press briefing at his secretariat office.
Earlier on Monday chief justice SK Sinha said the article 116 of the constitution, which vests the authority over transfers, posting and removal of lower court judges in the president, has created ‘dual rule’ in the judiciary.
The chief justice also said the ‘dual rule’ has stood out to be the main impediment to smooth functioning of the judiciary.
SK Sinha also demanded restoration of the Supreme Court’s full authority over transfers, posting and removal of lower court judges by reinstating the Article 116 of the 1972 constitution.
Briefing newsmen, the law minister said he finds the CJ's demand for reinstatement of the article 116 of the 1972 constitution 'self-contradictory'.
"If we can reinstate the article 116 of the 1972 Constitution, why not article 96?" Anisul posed a question.
The article 96 of the 1972 constitution gave the lawmakers the power to remove judges.
The article 116 of the constitution stipulates: “The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates exercising judicial functions shall vest in the President and shall be exercised by him in consultation with the Supreme Court”.
However, as per the constitution of 1972, the control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service was completely exercised by the Supreme Court.
The minister said the government is committed to ensuring independence of the judiciary.
He said the state's senior most figure -- the president -- has been entrusted with the duty to oversee transfers, promotions and dismissal of judiciary personnel. His ministry only ensures coordination between the president's office and the Supreme Court.
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