views
New Delhi: Supreme Court judge DY Chandrachud on Thursday said that he would better want to be known as a "nationalist judge" rather than an "Aadhaar judge".
"If that is the impression, so be it...I would be better like to be known as a nationalist judge," Justice D Y Chandrachud said.
Justice Chandrachud, who is one of the judges on the Constitution Bench hearing Aadhaar case, emphasized that as a judge, his task was not to satisfy the conscience of either the NGOs (fighting against Aadhaar) or the government.
The judge was irked over the fact that senior lawyer Shyam Divan, while making submissions on behalf of one of the petitioners against Aadhaar, used the term "Aadhaar judges". Divan said: "25 years from today, you will be known as Aadhaar judges...".
The tenor did not go down well with Justice Chandrachud, who questioned Divan if he would answer all the queries of the court in the same hyperbole.
"There is no point raising your voice every time. Constitutional issues cannot be argued on hyperbole. Should we stop asking questions? And why do you keep telling us that we will be known as Aadhaar judges? What is the way of saying unless you agree to our view, we will say you care less about the community? We are not answerable to anyone here as a judge except to our conscience," he asserted.
The judge pointed out that he cannot be stopped from asking questions to any sides.
"The moment, we ask questions, we are attacked as if we are committed to an ideology or anyone. If that is so, I plead guilty to the charge. We are not here defending the government, nor are we going to follow any NGO line,” maintained Justice Chandrachud.
"What is this way of saying that either you are with me or you will be branded as Aadhaar judge?," he asked Divan.
Sitting with the bench presided over by Chief Justice of India Dipak Misra, the judge was categorical that his task was to elicit answers on legal and constitutional points and compartmentalizing judges was completely inappropriate.
As the proceedings for the day closed, Divan apologized if his tone had conveyed any inappropriate impression.
During the hearing, Divan attacked the Aadhaar for violating the cardinal principles of a liberal democratic state like limited government, rule of law, contitutional principle of trust in citizens and good governance norms.
Comments
0 comment