Gogoi’s nomination sets bad precedent, says ex-bureaucrat EAS Sarma

Social activist and former IAS officer E.A.S. Sarma has said that nomination of former chief justice of India Ranjan Gogoi to the Rajya Sabha has set an inappropriate precedent.

President of India Ram Nath Kovind on Monday nominated Gogoi to the Upper House of the Parliament.

In a letter to Kovind, Sarma conveyed his deep concern over the nomination.

"As a concerned senior citizen and a former public servant, I feel deeply concerned to hear this news," wrote Sarma, who retired as secretary to the Government of India.

"Years ago, many of us felt the same way when Justice P. Sathasivam, the 40th CJI was appointed as the Governor of Kerala. I feel similarly concerned at Justice Gogoi's nomination to the Upper House. I wish Justice Gogoi had declined the offer," reads the letter.

"What concerns me is that Justice Gogoi had relinquished charge as the CJI as recently as on November 17, 2019, exactly four months ago. In my view, offering the higher members of the judiciary nominated positions such as the Governor of a State or a Membership in the Rajya Sabha undoubtedly sets an unhealthy precedent, as it tends to weaken the institution of the judiciary," wrote Sarma, a former Indian Administrative Service (IAS) officer of 1965 batch.

Even from the point of view of the politics of this country, this sets a highly questionable example. It speaks volumes of the imprudence on the part of those responsible for this, he added.

The former bureaucrat quoted from Dr B.R. Ambedkar's address to the Constituent Assembly on November 25 1949. "However good a Constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot. However bad a Constitution may be, it may turn out to be good if those who are called to work it, happen to be a good lot."