Union Law Minister Kiren Rijiju Monday said the demand to include a government nominee in the Collegiums of the Supreme Court and high courts was in line with the apex court’s suggestion for a “precise follow-up action” while striking down National Judicial Appointment Commission (NJAC) Act.
Rijiju was responding to Delhi Chief Minister Arvind Kejriwal, who called the Central government’s demand “extremely dangerous” while insisting that there should be no government interference in judicial appointments.
“I hope you honour Court’s direction! This is precise follow-up action of the direction of the Supreme Court Constitution Bench while striking down the National Judicial Appointment Commission Act. The SC Constitution Bench had directed to restructure the MoP (Memorandum of Procedure) of the collegium system,” the minister said on Twitter.
I hope you honour Court’s direction! This is precise follow-up action of the direction of Supreme Court Constitution Bench while striking down the National Judicial Appointment Commission Act. The SC Constitution Bench had directed to restructure the MoP of the collegium system. https://t.co/b1l0jVdCkJ
— Kiren Rijiju (@KirenRijiju) January 16, 2023
“The contents in the letter to hon’ble CJI are exactly in conformity with the observations and directions of the Supreme Court Constitution Bench. Convenient politics is not advisable, especially in the name of Judiciary. Constitution of India is supreme and nobody is above it,” Rijiju added.
The law minister has written to Chief Justice of India D Y Chandrachud “suggesting” the inclusion of a government nominee in the decision-making process for shortlisting of judges. His letter came after the last hearing in the Supreme Court on a plea by the Advocates Association Bengaluru seeking contempt proceedings against the Centre for delaying the appointment of judges despite recommendations by the Collegium.
Highly-placed sources told The Indian Express Rijiju’s letter pointed out that the finalisation of the Memorandum of Procedure regarding the appointment of judges was still “pending” and gave “suggestions on how best it can be streamlined”.
The Congress, too, hit out at the BJP-led Central government over the union law minister’ letter to CJI D Y Chandrachud. It accused the government of trying to “capture” the judiciary.
“The Vice President’s assaults. The Law Minister’s attacks. All this is orchestrated confrontation with the judiciary to intimidate and thereafter capture it totally. The Collegium does need reform. But what this Government wants is complete subservience. Its remedy is a poison pill for an independent judiciary,” Congress communication head Jairam Ramesh told The Indian Express.
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In November, Rijiju kicked off a row with the top court by saying that the Collegium system of making judicial appointments was “alien” to the Constitution. The tug of war between the Supreme Court and Centre has continued ever since with Vice-President and Rajya Sabha Chairman Jagdeep Dhankhar supporting the union law minister’s claims.
A parliamentary panel too had raised alarm about the failure of the government and the Supreme Court Collegium to arrive at a consensus on the memorandum of procedure (MoP), guiding the appointment, elevation and transfer of apex court and high court judges, even after almost seven years.
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(With inputs from PTI)
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Demand for Collegium rejig ‘precise follow-up action’ on SC direction in NJAC ruling: Kiren Rijiju - The Indian Express
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