Delhi BJP condemns unconstitutional directives of Law minister

The Delhi BJP today strongly condemned the attempt on part of Delhi Law Minister, to convene a meeting of all Judges of Delhi Courts, as unconstitutional and amounting to interference of executive in Judicial domain.

The Delhi BJP spokesperson Shri Aman Sinha, a Supreme Court Advocate, stated that according to Article 235 of the Constitution of India, the High Court exercises exclusive administrative jurisdiction over judges in the state, which in this case is Delhi High Court.

Article 50 of the Constitution of India says “The state shall take steps to separate the Judiciary and executive..” Shri Aman Sinha said that, “The constitutional obligation of State Govt. is being clearly violated by the Law Minister of State himself. The BJP believes that an Impartial and independent judiciary is imperative for our democracy and it has to be safeguarded at all costs.”

He stated that the judiciary is independent of the executive and that as per law & established administrative practice only the Delhi High Court has the authority to summon and preside over a meeting of lower court judges. It was unthinkable for a minister or anyone representing the executive to summon a meeting of judges. Shri Sinha stated that never before in history of independent India, has a Minister directly tried to convene a meeting of all Judges of the State that too in the State Secretariat.

The Supreme Court has consistently held that separation of powers among legislature, executive and judiciary form part of the basic structure of the Constitution. The Supreme Court held this in series of cases including the famous Kesavananda Bharati case in 1973 and Indira Gandhi vs Raj Narain case judgment in 1975.

According to reports, when Law Secretary AS Yadav (Judicial officer himself) rightly explained the aforesaid legal position to the Law Minister Mr. Bharti admonished the Law Secretary and accused him of being loyal to the old regime.

Reportedly, this compelled AS Yadav to write a letter to Hon’ble Chief Justice of Delhi apprising him of the unfortunate developments. Mr. Yadav is reported to have told the Delhi Chief Justice that it had become difficult for him to work with the present administrative atmosphere in Delhi, and thus, would like to go back to his parent cadre. Such coercion of a Judicial officer of rank of Shri AS Yadav would amount also to contempt.

Before accusing the Law Secretary of being partisan, the Law Minister could have sought an appointment with the Hon’ble Chief Justice of Delhi or shared his views in writing if there was such urgency.

Shri Aman Sinha stated, that it is unfortunate that the arrogance of first time Ministers and MLA’s of AAP is evident and reflecting in their actions. There is famous saying in law that “ignorance of Law is not an excuse” and what but does one say about “ignorance of Law by the Law Minister & his misplaced arrogance!”