Row over appointment of Kerala Governor

New Delhi: The Centre’s move of finalising the name of Former Chief Justice of India P Sathasivam for the post of Kerala Governor has stirred the hornet’s nest. Both the political and the legal fraternity have slammed the government’s move calling it a bad precedent.

Voicing his objection, former Chief Justice of India V N Khare has said such a move will lead to more political intervention in Judiciary in the coming years. “There is no precedent to this. No Chief Justice of India has ever been offered or accepted this post. This is an individual viewpoint. He must have thought it appropriate. CJI is fourth in the hierarchy,” said Khare.

He also maintained that he would not have accepted the proposal if it was offered to him. “I was never offered and would not have taken it myself either,” he said adding that there might be a controversy about his previous judgements if he takes up the post as his decisions would be linked with the government in power.

“If you create a precedent it may be followed. Other judges may say if A has accepted it then there is no harm in it. I will not advise Sathasivam to take it up, but it is his individual decision,” he said.

Earlier, Congress alleged possible quid pro quo between the government and former Chief Justice of India P Sathasivam over the latter’s appointment, saying the top jurist may have benefitted saffron leaders in the past. 

“Why was he made? This raises a question if he has done some work, for which they are pleased. Prime Minister Modi is pleased, Amit Shah is pleased and that is why he is being honoured,” Congress spokesman Anand Sharma said. 

“Is there anything in his persona, functioning or his decisions, which has really attracted very warmly, very positively, the acceptance of prime minister and BJP President. It is but natural that these questions would be asked,” he added. 

Stressing the point, Sharma said, “There is something that has gladdened the heart of the PM. There are other retired CJIs but why has the government chosen this one, the just-retired CJI.” 

The Congress spokesman alleged the government has been looking to deliver a message to the judiciary as shown by the nixing of CJI’s recommendation for appointment of lawyer Gopal Subramaniam as judge in Supreme Court. 

However, Congress’ stand cannot be ascertained as another spokesperson of the party, Manish Tewari said, “One cannot judge or question the credentials of any person when he/she is being appointed.”

Meanwhile, the file by the Ministry of Home Affairs recommending Sathashivam as Kerala’s Governor has reached President Pranab Mukherjee. However, sources say it has not been signed yet as the President was away. The government is expecting to get his consent soon.