india

Updated: Feb 03, 2019 23:58 IST

Union minister Arun Jaitley on Sunday accused Mallikarjun Kharge, the leader of the Opposition in the Lok Sabha, of using the “weapon of dissent excessively and not objectively” that made the appointment of the new Central Bureau of Investigation (CBI) director look like a “political battle” that was never envisaged.

In a blog, Jaitley said, “Kharge dissents regularly.” The minister recalled that the Congress leader had dissented when Alok Verma was appointed the CBI director and when he was transferred, and how he dissented when Rishi Kumar Shukla, a 1983 batch Indian Police Service officer and the former director general of police in Madhya Pradesh, was appointed the CBI director on Saturday.

Kharge has written to Prime Minister Narendra Modi, dissenting on Shukla’s appointment and alleging that the officer did not have relevant experience in handling anti-corruption cases, and that the criterion for selection was diluted in violation of law.

“The only thing constant in the High Powered Committee comprising of the Prime Minister, the Chief Justice of India and the Leader of the Opposition which deals with the CBI Director’s appointment and transfer, is the Kharge dissent,” Jaitley wrote.

“The position of Shri Kharge as the Leader of Opposition in the Lok Sabha, entitles him to sit in the Committee but the political colour of that office has to be left outside,” he said.“Shri Kharge then is a part of a Collegium, which discharges a governance function. Unfortunately, that does not seem to have happened.”

Dissents are a powerful instrument in democracy, he pointed out, adding that they are more commonly prevalent in judicial pronouncements. “Dissents are also a part of the parliamentary system particularly in the Legislative Committees. The dissenter places an alternative view point. Where Monetary Policy Committees exists, dissents are occasionally given by members,” he said.

Jaitley further wrote, “A dissent should never be a political tool. The right to dissent is sacrosanct and has to be sparingly used. If a dissenter dissents on every conceivable occasion he comes out as a person either motivated by collateral reasons or as a person lacking objectivity.”

Using the instrument of dissent recklessly neutralises its value, he said. “The perpetual dissenter in a Collegium meant for appointments sends a message that he was included as a Member because of his capacity of Leader of the Opposition but he hasn’t been able to shed his role as an Opposition Member, even though now he is a part of a Government Committee. His dissent has diminished it value and credibility.”

“The appointment of a CBI Director was never envisaged to be a political battle. Shri Kharge has made it look like one,” he said.

Reacting to Jaitley’s comments, Congress spokesperson Pawan Khera said, “Is Arun Jaitley a member of the high-powered committee? He is an outsider and has no authority to speak on such issues. On the other hand, Kharge is a member of the panel and it is his right to give a dissent note. He had the reasons to give a dissent note. This is a problem with the BJP leaders. They don’t reply to questions asked by the people but speak on every other issue where it is not required.”