The Narendra Modi Government would hope that the unnecessary and awkward controversy over the National Judicial Appointment Commission (NJAC), putting the elected Government and Parliament on a collision course with the Supreme Court and judicial structure, ends with Union Law Minister Kiren Rijiju’s statement on Thursday. The minister unequivocally stated in the Rajya Sabha that the Government had no plans to reintroduce the NJAC Bill which, if made law, would result in the Government having more than a say in the appointment of judges to the High Courts and the Supreme Court. The higher judiciary must have heaved a collective sigh of relief, especially as the minister’s statement came barely a day after Vice President Jagdeep Dhankar had all but pulled up the judiciary in the Upper House for virtually vetoing the Bill that had been passed earlier by Parliament.
The NJAC Bill, passed in 2015 giving the Government a role in judicial appointments, was challenged in the apex court and put the Government on a dangerous course with the higher judiciary. Stalwarts from the Bar pointed to grave flaws in the Bill which did not even require eminent persons on the Commission to be from the field of law and justice, and offered no casting vote to the Chief Justice of India sitting on the Commission. The Bill, as well as the multiple developments since, reveal the intent of the Government which is to have a foot — and more — in the door of the third pillar of the democratic architecture. An elected government is supreme in a democracy but it exercises its power within the democratic and constitutional framework which puts the judiciary not a step below in the command structure. Most politicians in power do not like an independent judiciary but a strong Government with a comfortable majority in Parliament is, however, likely to attempt to reign supreme.
To be sure, it is not the case that the Supreme Court of India has shown spine on every occasion that it has had to in the last eight years. The tenure of some Chief Justices left both the Bar and the Bench embarrassed on occasions, whether it was one accepting a seat in the Rajya Sabha or another making merry on motorcycles. But the conduct of individual judges, however unacceptable, cannot be a ruse to control and command the judiciary through appointments. The existing Collegium system of appointments has its drawbacks too, opacity being one of them. If the higher judiciary is keen to push back the government on this sensitive issue, it must review the Collegium system, and make it more transparent and fair. Else, there will likely be a dangerous faceoff ahead.
More congestion ahead for Mumbai
The alliance government of Eknath Shinde and Devendra Fadnavis have done Mumbai a deed that directly impacts the built environment in the city and could well lead to more congestion of buildings. In a seemingly inexplicable move, it struck down a decision taken by the previous government to not allow single buildings in a MHADA (Maharashtra Housing Area Development Authority) layout to be redeveloped independently. This once again opens the road for fly-by-night and small-time builders, often fronting for local politicians, to determine the course of redevelopment in their little fiefdoms.
In April this year, the Uddhav Thackeray-led government had decided, after due consultation, that the redevelopment of single buildings in a MHADA layout would be undertaken in a cluster manner. This meant that instead of a single building being redeveloped by a builder, a set of old and dilapidated buildings would be treated as a cluster and redeveloped, which would allow the creation of a range of common amenities for that cluster including the much-needed open space. It was hailed by the section of urban planners and citizens who rail at the wanton redevelopment of buildings without any context to their surroundings, but was not welcomed by sections of the real estate lobby which saw this as a move to encourage conglomerates or corporate realty groups.
It is an open secret that the policies and decisions on construction in Mumbai, also in high-growth cities such as Pune and Nashik, are heavily influenced by the real estate lobby which has enjoyed enormous clout in the corridors of power for decades, a few turning into full-fledged career politicians too. This has resulted in haphazard development in these cities with hardly a thought given to its long-term impact and to the denudation of natural areas. But Mr Shinde and Mr Fadnavis do not care.
