Harish Salve Critiques Kapil Sibals Distrust in Judiciary

London, October 12 (Daily Kiran) : Former Solicitor General Harish Salve has openly criticized senior advocate and Rajya Sabha MP Kapil Sibal for expressing a loss of faith in the judiciary. Sibal’s remarks have sparked a broader discussion about the Congress party’s ongoing questions regarding constitutional institutions.

Salve advised Sibal that if he has indeed lost trust in the judiciary, he should reflect this sentiment in his counsel to clients. “If I do not trust the judiciary, I would not present myself in court,” Salve stated. He emphasized that entering a courtroom to seek a judge’s decision contradicts claims of distrust when the outcome is unfavorable.

He further explained that while one may find a Supreme Court ruling disappointing or incorrect, it is crucial to separate personal feelings about a decision from the overall trust in the judiciary. “The Supreme Court’s decision is final, even if someone believes it is wrong,” he noted. Salve cautioned that suggesting a loss of faith in the judiciary implies a belief that it is intentionally delivering flawed judgments. If this is not the intended message, he urged Sibal to clarify that his disappointment pertains only to specific rulings.

In response to Congress’s persistent criticisms of the Election Commission and the judiciary, Salve remarked, “India currently has a government, and future administrations will emerge. The electorate will determine who governs through elections. However, we must not undermine the institutional framework or erode public confidence in these bodies.” He added that if a party wins an election and forms a government, it would not want citizens to protest that the government is failing to operate within constitutional bounds.

Salve concluded by emphasizing the importance of maintaining the integrity of institutions. He pointed out that the Constitution has established distinct entities such as the judiciary, legislature, and elected executive, each with its jurisdiction. “If you start claiming that only your perspective is correct and that dissenters are either compromised or politically motivated, it stifles genuine discourse,” he warned. He stressed that democracy cannot function on the premise of “my truth versus your truth,” as it fosters division rather than dialogue.