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New Delhi: The Supreme Court Judge Ujjwal Bhuiyan has made a bold and forced statement on the constitutional future of the country. He said that to keep democracy alive and to maintain the soul of the Constitution, we need more innocent, fair and courageous judges. This comment was given by former Supreme Court Judge Justice Abhay S.K. Oka’s farewell ceremony was organized, which was organized by Maharashtra and Goa Bar Council.

Justice Bhuyan, citing the quotation of Caroline Kennedy, said that the foundation of democracy is the rule of law and to save it, an independent judiciary is needed. He clarified that the judges should take decisions free from political influence, only then the spirit of judicial freedom can remain intact. He also said that Justice Oka’s judicial visit has been a symbol of this freedom.

Discussion on freedom of NJAC and judiciary

Speaking on the appointment process of judges, Justice Bhuiyan said that the National Judicial Appointments Commission (NJAC) Act was an attack on the independence of the judiciary, so the Supreme Court canceled it. He said that the then Finance Minister Arun Jaitley was unhappy with this decision, but the independence of the judiciary could not be compromised. He said that if the court considers the law of elected MPs unconstitutional, then it is in accordance with the Constitution and not a dictatorship.

Judicial courage is necessary to protect the constitution

Justice Bhuiyan gave an example of a 1963 historical case of Pakistan, saying that the concept of basic structure emerged in Pakistan before India, but India gave it a constitutional identity through the Keshavanand Bharati case. He said that the successful operation of democracy requires respect, agreement and adjustment of ideas, as the first President of India, Dr. Rajendra Prasad said. On the NJAC Act collegium system, the judge said that after this decision the then Union Minister was angry, but no compromise was made on the independence of the judiciary for the spread.