Basic structure can’t be dismantled to protect only judiciary independence: Arun Jaitley1 min read . Updated: 28 Nov 2015, 10:35 PM IST
Jaitley says in a democracy, independence of judiciary is a part of basic structure but so is the elected government and an elected Parliament
New Delhi: Finance minister Arun Jaitley on Saturday said doctrine of basic structure, including elected government and Parliament’s sovereignty, cannot be “dismantled" to save only independence of judiciary and favoured reconsideration of the verdict.
“Of course, I have been vocal in my comments about recent judgement on the NJAC. I think at some stage in future, we need to reconsider it. When the law says that the President shall appoint (judges) in consultation with the chief justice, to say that this law actually means that the chief justice will appoint virtually without consulting anyone, is the opposite of what the Constitution says," Jaitley said.
“And to base it on a logic that an institution can be saved only by exclusivity of exercise of power by judiciary, elected representatives, can’t be trusted. I think to say, the least, is not a fair argument," the finance minister said.
He said in a democracy, independence of judiciary is a part of basic structure but so is the elected government and an elected Parliament, “You can’t dismantle all other basic structures just to protect one". “I think you require reconsideration," he said.
Jaitley said future generations will have to see that the verdict criminalizing consensual gay sex “are reconsidered". He said that reservations in job and education for tribal people and others should continue till the time the “deprived section" of the society do not come on par with others. PTI