The President’s nomination to the Rajya Sabha of former Chief Justice Ranjan Gogoi has been criticised as misuse of power and as an open invitation to judges – and other constitutional functionaries – to toe the Government line for post-retirement benefits.
When the Constituent Assembly was discussing the Council of States’ membership, several members had expressed such apprehensions. The Union Constitution Committee, headed by Jawaharlal Nehru, had extensively debated the legislative apparatus for independent India.
On nominations to the Council of States, the Committee noted in its Minutes that the Chamber “should also include representatives of certain important functional interests such as scientists and university teachers, and for this purpose, the President should be given authority to nominate some ten members in consultation with scientific bodies and universities.”
The original proposal in draft Article 67 of the Constitution was to have fifteen nominated members in the Council. It said:
The members to be nominated by the President … shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:
literature, art, science and education;
agriculture, fisheries and allied subjects;
engineering and architecture;
public administration and social services.
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