If independent reporting leads to tax raid, declare it unconstitutional: Justice Nariman

Mumbai (Maharashtra) [India]: Former Supreme Court judge Justice Rohinton Nariman said on Friday that if independent reporting has led to a tax raid, judges should declare it illegal and unconstitutional.

“The moment there is any onslaught on the media, the courts must be vigilant to instantly scotch it. If you find that there is some independent reporting that has led to something as a result of which there is a tax raid, then for that reason alone, without more, you must say that the tax raid is illegal and unconstitutional,” Justice Nariman said.

While delivering the 30th Bansari Sheth Endowment Lecture on the theme “The Constitution of India: Checks and Balances” at the Durbar Hall in Mumbai, the former Supreme Court judge said, “That is the only way you can protect the media in this country. Otherwise, you are finished. It is our watchdog. And if our watchdog is killed, then there is nothing that remains.”

Speaking on the appointment of governors, Justice Nariman suggested that the government should look into the pool of people who are doing well in different walks of life rather than looking into its own pool of politicians.

“Have a healthy convention of appointing people who are independent. I gave the example of Dr Abdul Kalam. You have people who are doing so well in this country from so many walks of life. Why do you look for that pool instead of looking for the pool of your own politicians whom you wish to somehow push up?” the former Supreme Court judge said.

Justice Nariman also said that the practise of sending a bill to the centre whenever it comes to the governor should be revisited.

“When a bill comes into the hands of a governor, he just sends it to the president. That is the end of the bill. And that’s the end of federalism. That needs to be looked into,” he said.

The former Supreme Court judge said that, fortunately, we have a judgement that says that arbitrary removal of governors by the Centre can be challenged in court.

“When the Governor is removed, we still fortunately have a judgement that says that when he is removed, though he is at the pleasure of the Centre, if he is removed malafidely or arbitrarily, reasons have to be given to the court and his removal can be set aside,” Justice Nariman said.

Speaking about the collegium system, Justice Nariman said that though it is the worst, there is nothing better than it. He suggested having a collegium of retired judges selected by the bar.

“We do have a collegium system, which is the worst but then there is nothing better. I would suggest a collegium of retired judges. Who will select those retired judges? The practising bar of the Supreme Court and the High Courts,” he said.

Explaining the rationale behind having the Bar select the collegium of retired judges, the former Supreme Court judge said, “Because the Bar are our judges. Judges have judges and we are judged all the time by practising judges. So it is important to have practising bars all over the country who vote for retired judges like the present, who are known for their indendence, who will then sit with a secretariat, be consulted by everybody, including the Chief Justice of India, Chief Justice of High Courts, Law Minister, and ultimately recommend persons for the higher judiciary.”

“If this happens, then your present slew of judges, where you have outstanding judges in the Supreme Court and High Courts, then you have a lot of people who are only in transit and then you have some who are more executive-minded than the executive, the proportion between these three will drastically change,” he added.