lashminarayanan Advt Mhc: As for Mr. Datar ‘s view that in regard to UK and USA. Let me beg to disagree. The executive doesn’t meet the judiciary is a misnomer. How come those who speak about this don’t object to the CJ’s and PM’s meet year on year. Let us not forget for over 500 years , the lord chancellor (head of the judiciary in the UK) was a part of the cabinet.

[3/18, 14:52] lashminarayanan Advt Mhc: Isn’t there a difference between nomination and election ? The president has NOMINATED Mr. justice Gogoi. He has not been elected. Nomination to Rajya Sabha from amongst lawyers and judges has been practiced for decades.
Alladi, M.C. Setalvad , C.K. Daftary, Fali Sam Nariman etc have all been nominated. The list is long and distinguished.
[3/18, 14:53] lashminarayanan Advt Mhc: The names I have mentioned will shudder to think they were so nominated because of “political” affiliations.
[3/18, 14:58] lashminarayanan Advt Mhc: As for Mr. Datar ‘s view that in regard to UK and USA. Let me beg to disagree.
The executive doesn’t meet the judiciary is a misnomer. How come those who speak about this don’t object to the CJ’s and PM’s meet year on year.
Let us not forget for over 500 years , the lord chancellor (head of the judiciary in the UK) was a part of the cabinet.
As for the US, politicians have been judges and vice versa. To give a few examples
John jay resigned as CJ to get back to politics
Taft became a CJ after being the president.
Earl warren had been a governor
William O Douglas was an active politician till his elevation
Hugo L black was a member of White supremacy KLu Klux Klan
[3/18, 15:00] lashminarayanan Advt Mhc: Krishna Iyer was a member of the political party. All of us know if judges who were a part of RSS, DMK, AIADMK and of course the left parties. Were they disqualified to be members of the judiciary ? Or rejoining their former political colleagues after retirement ?
[3/18, 15:03] lashminarayanan Advt Mhc: I did read a few weeks back about justice Chandru saying there is nothing wrong in judges being appointed as commission members as there is no constitutional bar. Where does he see the constitutional bar of a retired CJI becoming a member of Rajya Sabha as a nominated member ?
[3/18, 15:05] lashminarayanan Advt Mhc: To add , one of the finest judges India has produced – Justixe K.S. Hegde was ELECTED to the Rajya Sabha on a congress ticket like CJI Misra. After resigning from office of Judge of SC, he stood for election with support of Janata Party , won the election and became a speaker of the Lok Sabha. Have we also forgotten Late and lamented Hidayatullah the Vice President of India ?
My humble view principles should not change with personalities.

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