TMC MPs move privilege motion against ex-CJI Ranjan Gogoi over remarks on Rajya Sabha in TV interview

Former Chief Justice of India Ranjan Gogoi

Two Rajya Sabha MPs of the Trinamool Congress (TMC) on December 13 moved a privilege motion against former Chief Justice of India (CJI) Ranjan Gogoi for his alleged objectionable remarks on the Parliament's Upper House during a recent television interview.

The statement of Justice (retd) Gogoi, a Rajya Sabha MP himself, "were in contempt of the Rajya Sabha and constitute a breach of privilege of the Council", stated the notice issued by the TMC lawmakers.

Justice Gogoi, in an interview aired on news channel NDTV on December 9, was asked about the controversy over his acceptance to a Rajya Sabha membership following the conclusion of his tenure as the CJI. He had taken oath as an MP in March 2020, nearly four months after he retired as the country's topmost judge.

New Delhi: Two TMC Rajya Sabha MPs have submitted privilege notice against Justice (retired) Ranjan Gogoi for his comments regarding the House made during his interview to a private channel

— ANI (@ANI) December 13, 2021

The notice highlighted the following contentious excerpts from the interview.

"What is the magic about RS? I would have been better off in terms of pay, emoluments if I had been chairman of a tribunal. I am not taking a penny from the RS," ex-CJI was quoted as saying.

Justice Gogoi had also said: "You ignore the fact that for one or two sessions, I had submitted a letter to the house saying due to Covid (on grounds of medical advice) I will not be attending the session. Until a little before the last Winter Session, you could enter the Rajya Sabha after only an RT-PCR and personally I did not feel comfortable going there. Social distancing norms have been enforced, they are not being observed/. The sitting arrangements I don't find very comfortable."

"I go to the RS when I feel like, when I think there are matters of importance on which I should speak. I am a nominated member, not governed by any party whip. Therefore, whenever the bell rings for the party members to come, it does not bind me, I go there of my choice and come out on my choice, I am an independent member of the house," he had added.

The TMC MPs, in their notice, said the statements made by Justice Gogoi prima facie constitute a "breach of the Council" as they "undermine the dignity of the Rajya Sabha".

The notice quoted 'Page 244 of Rajya Sabha at work', to say that “Each House also claims the right to punish contempt, that is, actions which, while not breaches of any specific privilege, obstruct or impede it in the performance of its functions, or are offences against its authority".

Explained | What is Privilege Motion in Parliament?

Notably, Justice Gogoi's interview was aired by NDTV a day after the release of his memoir. In his autobiography, the former Chief Justice has rebutted criticism over his acceptance of the Rajya Sabha membership, claiming that he took oath as an MP to raise issues pertaining to the judiciary and the Northeast region.