I derive strength to say this from Silence of Justice Hegde. He was party to Janlokpal Bill Drafting Committee. I think he knows that the Janlokpal Bill violates Basic Structure of Constitution. But his view must have been vetoed out by others.
What is Basic Structure?
It means many things to many people. But you can say that it is skeleton of the Constitution. If it is removed, the Constitution and Rule of Law collapses.
Here, for purpose of this article, Basic Structure means:
Powers of Supreme Courts and High Courts to review and cancel any order of any authority, howsoever high it may be. (Even if President of India... or any high office you may create in future)
Understand the Implications of this point.
By passing Janlokpal bill you will bring all Judges of Supreme Court and High Court under Lokpal.
Tomorrow Lokpal will receive a complaint against a High Court judge and He will issues judge notice about it.
And the next day, High Court will direct Lokpal to appear in person with record of all complaints decided by him in last six months. Lokpal will have to appear in person before High Court.
High Court will start cancelling all his decisions one by one, on one ground or other, and will ask him to reconsider and report back on next date.
There is no way any JanLokpal, howsoever High he may be, to refuse to obey High Courts.
A crisis will happen. Janlokpal will collapse.
Haresh Raichura
12th May,2012
