Appointing a former CJI as governor is a bad precedent: Justice VN Khare

Former Chief Justice of India P Sathasivam's name has been finalised for the post of Kerala Governor, which has led to a new controversy. Former Chief Justice of India VN Khare has said that such a move will lead to more political intervention in judiciary in the coming years. In an exclusive interview to CNN-IBN VN Khare criticised the government's decision. Here is the full transcript of the interview.

CNN-IBN: Mr Khare the move to a appoint Mr P Sathasivam as a Governor. Does that worry you?

VN Khare: I find that no precedent earlier, that any of the Chief Justice of India has ever been appointed or he accepted the office of the Governor.

CNN-IBN: This move if Mr P sathasivam indeed takes it up, it would lower the stature of the office of the chief justice.

VN Khare: This is an individual viewpoint. He must have thought it is not so. But if you see the constitutional scheme of things, the protocol- first the President, then vice President, then Prime Minsiter and then Chief Justice of India comes fourth. The Chief Justice administers oath to the President and Vice President. In the absence of President and Vice President, he acts as the President also. Seeing this his status, is very, very high.

CNN-IBN: Would you have taken it up if ever offered?

VN Khare: No. I was never offered and would not have taken it myself either.

CNN-IBN: Would this make people question the verdicts and judgements given out by P Sathasivam?

VN Khare: Yes, there may arise some controversy in the matter. People will like to align with the party in power if he has appointed by that regime. So, they willl try to link him with the government in power.

CNN-IBN: Do you think this would make other judges in fututre look forward to such postings?

VN Khare: May be. If you create a precedent that may be followed, that may not be followed. Other judges may say if A has accepted it then there is no harm in it. I will not advise Mr Sathasivam to take it up, but it is his individual decision.

CNN-IBN: Do you feel that this move would open up more political intervention in the functioning of the judiciary?

VN Khare: This government may not do it, second government may bot do it but if such precedent allowed to prevail, it is vulnerable. That's all I can say. In next 20 years, 30 years, 10 years the government in power may try to abuse it. In the long run, independence will be affected.