In an interview to discuss the Supreme Court’s Monday order to the State Bank of India on the electoral bonds issue and whether this represents a new assertiveness on the part of the top court, one of the Supreme Court’s most illustrious former judges has said: “It is a slap on the Bank’s face” adding “the Bank has been put in its place”.
Justice Madan Lokur said “the SBI cut a very sorry figure in Court” and it’s “pretty badly embarrassed”. Justice Lokur said he does not recall any other case in his years as a Supreme Court and high court judge where a major public sector bank has been so strongly rebuked by a Court.
Speaking about the manner in which the State Bank of India responded in the Supreme Court on Monday, Justice Lokur said: “at every stage there were problems that the SBI was trying to create.”
In a 25-minute interview to Karan Thapar for The Wire, Justice Lokur was asked if the Supreme Court’s handling of the electoral bond issue, both in February and yesterday (Monday 11), indicates a new assertiveness on the part of the Court and a new firmness in defence of the rights of Indian citizens, and Justice Lokur replied: “Yes, I hope it’s a sign of assertiveness” adding that he would welcome that.
Right at the end of the interview there is also a five-minute discussion – in the light of Justice Lokur’s hope that the Supreme Court is now more assertive – on the issue of whether the Supreme Court should stay the Act passed in December determining how Election Commissioners and Chief Election Commissioners are appointed. This Act has been challenged in Court and the Court has agreed to hear the challenge but as yet no date for the hearing has been fixed. It’s argued that the December Act undermines the independence of the Election Commission. The Supreme Court, in an earlier judgement of last year, had said the ECI’s independence is necessary for the integrity of India’s democracy and the free and fairness of elections. Now, when it seems the government will use that law to appoint new Commissioners, which could have a substantial impact on the independence of the Election Commission as well as the forthcoming elections, should the Supreme Court stay the Act pending hearing the challenge brought against the Act?
I will leave you to watch the interview to hear Justice Lokur’s response to this issue. Let me point out its particularly rich in detail and analysis and very interesting.
In fact, so too is Justice Lokur’s response to all the questions about the points made by the Supreme Court on Monday as well as the responses from SBI lawyer Harish Salve. Once again, I will leave you to see the interview to find out about this.
