When many High Court judges are stranded in the seniority queue, two new judges have been appointed as judges in the Supreme Court. These new judges have superseded judges in the seniority list. The judges who were administered oath on 9th May, 2022, by the Chief Justice N.V. Ramana are Justice Sudhanshu Dhulia and Justice Jamshed Burjor Pardiwala. In a sedition case in Gujarat, Pardiwala had remarked in 2015, in a derogatory manner against the principle of Reservations. Condemning his elevation as a Supreme Court judge and the supersession of several senior judges, the president of Dravidar Kazhagam Asiriyar Dr. K. Veeramani released a highly significant statement on 11th May 2022. The content of his statement is summarized here:
Other Judges Shocked!
Appointing adversaries of social justice as Supreme Court judges is hazardous. Other judges are shocked by this hasty appointment. The two new judges were actually far behind many others on the Seniority List. As per several press reports, many in the judiciary are amazed by this.
Justice Sudhanshu Dhulia was the 30th in the All-India Seniority List of High Court judges. He has now superseded 23 Chief Justices and 6 other Judges of High Courts.
Similarly Justice Pardiwala was 49th in the All-India Seniority List and 3rd in the Gujarat High Court. He has not only superseded all Chief Justices and acting Chief Justices of the High Courts but also jumped over another 25 High Court judges who have been waiting for selection.
Representation of States Ignored?
On the basis of the need for State representation, Justice Dhulia’s elevation from Uttarakhand State is appropriate but not Pardiwala’s elevation from Gujarat, since there are already two judges in the Supreme Court hailing from Gujarat. Media reports confirm that other States – Odisha, Bihar, Himachal Pradesh, Jammu Kashmir, Chhattisgarh, Jharkhand and all the North Eastern States except Assam have been unrepresented for a long period.
Appointment within 48 Hours – Puzzling Haste!
The Collegium headed by the Chief Justice of Supreme Court had earlier recommended the names of Dhulia and Pardiwala to the Union Govenrment. Chief Justice N.V. Ramana and Justices U.U. Lalit, A.M. Khanwilkar, D.Y. Chandrachud and
L. Nageswara Rao have been functioning as Collegium members.
The recommendation for Justice Dhulia and Pardiwala was sent to the Ministry of Law and Justice in the evening on 5th May, 2022. Within 48 hours of the recommendation, the ministry has obtained the assent of the President. This kind of haste has never been heard of so far. Most people feel that the Union Government headed by Narendra Modi has hastily conveyed its consent, while many such recommendations forwarded in the past had been lying pending for several weeks and even months. The inexplicable haste is puzzling, indeed. The Ministry of Law and Justice has reported that the President is contended by the elevation of Justice S. Dhulia and Justice J.B.Pardiwala as two new Supreme Court judges.
Appointing the one who condemned Reservation Policy?
Justice J.B. Pardiwala who is now appointed as a Supreme Court judge may possibly rise even to the level of the Chief Justice of India in 2028. Many critical comments have cropped up on his current elevation.
In 2015 Patidar community in the State of Gujarat agitated under the leadership of Hardik Patel, demanding reservation for them. The protest was organized by Patidar Anamat Andolan Samiti. The agitators courted arrest. A case was filed by the Police Department on Hardik Patel and the members of the Samiti, citing sedition law.
On 1st December 2015, Justice Pardiwala delivered his verdict on the appeal of Hardik Patel and others seeking repeal. Paragraph 62 of his judgment observed –
“If I am asked by anyone to name two things which have destroyed the country or rather, have not allowed the country to progress in the right direction, then the same are (i) Reservation and (ii) Corruption.
It is very shameful for any citizen of this country to ask for reservation after 65 years of independence. When our Constitution was framed, it was understood that the reservation would remain for a period of 10 years, but unfortunately, it has continued even after 65 years of independence.”
Raising objection to the derogatory remarks of Justice Pardiwala, OBC and SC section people had severely condemned him then and resolved to demand his termination. How could a person who does not understand the difference between political reservation and reservations in education and employment be appointed as a Supreme Court judge?
Justice Pardiwala’s contemptible comment on reservation policy led to numerous protests, condemning the statements all over the country. Ultimately, he erased the objected remarks from the verdict but never expressed regret.
In the preamble of our Constitution, priority to Social Justice has been adumbrated. Reservation and Social Justice are synonymous but one who is against Reservation has now taken oath as a judge in the Supreme Court of India, superseding several of his senior judges of High Courts.
Our people have unshakeable faith in courts of law, but ever since Narendra Modi headed the Union government, social justice has been under constant threat. At this juncture, appointing the opponents of social justice in the apex court of the country is certainly hazardous and detrimental.
Impeachment – Dire Need
Parliament members from all the States and Union Territories are hereby urged upon to get the adversaries of social justice impeached at the earliest, by debating over this issue in both the Houses of the Parliament. The legislative members of all the States hailing from oppressed classes could join them in exposing this unpardonable social injustice. By collective efforts, the trust of the people should be earned. The glory of judiciary should never diminish. This unfair appointment is against our Constitution and the concept of social justice. It must be exposed to the entire world. Remedial measures must be chalked out soon to prevent forever such instances of social injustice.