PIL in Supreme Court challenges ex-CJI Sathasivam’s appointment as Kerala Governor

A Public Interest Litigation (PIL) has been filed by one Muhammed Ali in the Supreme Court challenging the appointment of Justice P Sathasivam as the Governor of Kerala..The Supreme Court of India, Bar Council of India (BCI), Supreme Court Bar Association (SCBA) and Justice Sathasivam have all been arraigned as the respondents in the petition apart from the Central government..The petition begins by lamenting at the “pitiful condition” of the judiciary due to allegations of sexual abuse, corruption and favouritism..“The people are losing faith in the Judiciary and the judicial officers of the entire judiciary (both subordinate and Superior) are looked upon with a tint of suspicion. It is a pitiful condition for an Institution which was once looked upon with a pious reverence.”.Stating that the loss of public faith in the judiciary “has to be arrested at the earliest to avoid anarchy in the largest democratic country of the world”, the Petitioner has placed reliance on Article 124(7) of the Constitution which states that.“No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India.”.As per the Petition, the words “act in any court or before any authority within the territory of India” in Article 124(7) mean acting in the capacity of a judge. Ali has, therefore, alleged that various statutes providing for a retired Supreme Court Judge to be appointed to the judicial positions under them are against the mandate of Article 124(7) of the Constitution..The petitioner has also prayed that Article 124(7) should be interpreted in the backdrop of Article 148(4) of the Constitution which bars the Comptroller and Auditor General from taking up further office under the Government of India and the Government of any State after retirement. According to him, the same restriction is applicable to a retired Supreme Court judge under Article 124(7)..Contending that a retired Supreme Court Judge opting for further employment as per the instructions of the government would affect the independence of the judiciary, Ali has prayed for a direction to bar further employment of retired Supreme Court judges except as ad hoc judges of the Supreme Court and has also sought a declaration that the appointment of Justice P Sathasivam as the Governor of Kerala is unconstitutional..Interestingly, the Article 32 petition does not allege any violation of fundamental rights though it contends that independence of judiciary forms part of the basic structure of the Constitution..Image taken from here.