Chief Justice Surendra Kumar Sinha said Wednesday that more than 90 percent people of the country have faith in judiciary as the judges work in a disciplined way.
He was presiding over a seven-member bench of the Appellate Division of the Supreme Court and on the occasion he responded to a comment of Attorney General Mahbubey Alam this way during the hearing on the appeal filed on behalf of the state against a High Court verdict that scrapped the 16th amendment of the constitution.
The 16th amendment had empowered the parliament to remove the Supreme Court judges for their incapacity or misbehaviour.
While placing argument during the hearing, the attorney general said a mass hearing should be held on people’s perception about court.
The AG, however, prayed to the SC to uphold the 16th amendment saying that the law for executing the amendment will be formulated after the judges examine it.
The seven-member bench of the Appellate Division started the hearing on Monday. After Wednesday’s hearing the apex court fixed Thursday for resuming the hearing.
Earlier on Tuesday, the Chief Justice observed that the state is trying to tighten its grip on the apex court after the lower ones.
“You’ve taken the lower courts under your clutch and now you’re trying to take the Supreme Court, too,” he told the Attorney General. About law minister’s comment that the judiciary is independent and the salaries of the judges have been hiked, Chief Justice Sinha questioned, “Has the judiciary become independent with an increase in the salary scale?”
The Attorney General said the independence of the judiciary will not be hampered through the implementation of the 16th Amendment to the Constitution.
He also said the amendment was brought to return to the spirit of the original Constitution of 1972 and empower people through MPs to impeach the judges. “As per the Constitution, people are the owner of absolute power and the MPs represent them in Parliament. That doesn’t mean that the SC judges will be impeached after the MPs raise their hands. There’re legal proceedings,” the state chief law officer added.
At one stage, the Chief Justice said, “Why did the government keep article 70 in the Constitution?” Mahbubey Alam said the article was included in the national charter to avoid ‘Horse Trading’. Later, SK Sinha said the MPs cannot perform their duties independently. “As a result, you can’t keep trust on your party’s MPs.”
Mentioning that the socio-economic structure of the country has changed a lot, he said the thinking and sprit of 2017 will differ from that of 1972. “Changes should be brought to the Constitution with the change of society,” he added.
The Attorney General also raised the question over the jurisdiction of the SC lawyers to file writ petitions.
In reply, the Chief Justice said SC lawyers are the conscious citizens of the country. They have the right to file writs. “You (Attorney General) say that SC lawyers don’t have any right to file writ petition. So, will I myself file writ?” he said.
Mentioning one of the HC judges’ comment that MPs have criminal records, the Attorney General said if his statement is not true, a complaint should be lodged to the President to remove him.
