Orderly passage

Orderly passage

Justice Gogoi’s elevation as CJI reinforces convention.

Justice Ranjan Gogoi’s elevation as the next Chief Justice of India is reassuring and welcome, as it follows the seniority convention and ensures continuity after turbulence had rocked the Supreme Court. Justice Gogoi will take over the top judicial post on October 3 after current CJI Dipak Misra retires. In doing so, Justice Gogoi will become the first person from the north-east to head the apex court. CJI Misra deserves credit for sticking to the script here. Any hiccups in Justice Gogoi’s elevation would have again raised questions about the higher judiciary.

We saw this earlier in the year when Congress led other opposition parties in a failed bid to impeach CJI Misra. Similarly, there was some apprehension regarding Justice Gogoi’s elevation when he and three other judges of the Supreme Court called an unprecedented press conference in January and criticised CJI Misra, especially on the latter’s manner of allocation of cases.

Add to this the back-and-forth between the Supreme Court and government over the appointment of Justice KM Joseph to the apex court, and an impression of negativity had been created. It’s against this backdrop that Justice Gogoi’s elevation reinforces order and continuity in one of India’s most important institutions. At a time of polarised politics when institutions in the country are seen to be crumbling under pressure, it is extraordinarily important that the judiciary maintains its independence and integrity of functioning. As the recent Supreme Court ruling decriminalising homosexuality showed, the higher judiciary is indeed the guardian of the Constitution and the last resort for those seeking justice. Justice Gogoi, after taking office, should move to resolve the roster management issue that he had raised with fellow judges at the January press conference.