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Open War between Law Minister and CJI on Collegium System

Open War between Law Minister and CJI on Collegium System

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Manas Dasgupta

NEW DELHI, Mar 18: In a virtual open fight between the judiciary and the administration, the law minister Kiren Rijiju on Saturday described the collegium system of appointment of members of the judiciary as a “result of the Congress misadventure” which was repudiated by the Chief Justice of India DY Chandrachud within minutes terming it as “best system” to ensure the independence of judiciary.

Rijiju also went to the extent of branding some “retired judges and some activists” to be part of the “anti-India gang” who were “trying to make the Indian judiciary play the role of the opposition party.”

Both Rijiju was speaking on the same platform, in a media conclave in Delhi. “Recently there was a seminar on accountability of judges. But somehow the entire seminar became how the executive is affecting the judiciary. There are few judges who are activists and are part of an anti-India gang which is trying to turn judiciary against the government like the Opposition parties,” Rijiju said.

Hitting out at the collegium system for the appointment of judges, Rijiju, who had been quite vocal against the Collegium system and once even called it “alien to our Constitution,” also criticised the Supreme Court Collegium’s decision to make public both its reasons for reiteration and the government’s objections on certain names recommended for appointment of judges.

“I have some names with me now and every name has lots of complaints by colleague judges, the public, by associations and by the Bar. I do not make it public. If a judge has written an adverse comment against another judge, I am not supposed to make it public. There has to be some probity in public life,” he said questioning why the Supreme Court published on its website the reasons the government gave for rejecting some of the recommendations for appointing as judges.

Defending the collegium system, Chandrachud said, “Not every system is perfect but this is the best system we have developed. But the object was to protect the independence of the judiciary, which is a cardinal value. We have to insulate the judiciary from outside influences if the judiciary has to be independent,” Chandrachud said.

The CJI also differed from the law minister over making public the objections raised by the government. Responding to Rijiju’s voicing displeasure over the Supreme Court Collegium revealing the government’s reasons for not approving the names recommended by it for appointment as judges of constitutional courts. “What is wrong about having a difference in perception? But, I have to deal with such differences with a sense of robust constitutional statesmanship. I do not want to join issues with the law minister, we are bound to have differences of perceptions,” the Chief Justice said.

Rijiju was particularly critical of the former Congress president Rahul Gandhi allegedly “defaming India” on foreign soil and said “the person who speaks the most says he is not allowed to speak.” “Anti-India forces in India and outside India, they use the same language – democracy is in danger, human rights are non-existent in India. What this anti-India gang says, the same language is used by Rahul Gandhi,” the minister alleged.

Whatever Rahul Gandhi says is publicised with a “louder voice” by the “same ecosystem”, he said “The same ecosystem is working in India and outside India. We will not allow this ‘tukde-tukde gang’ to destroy our integrity, our sovereignty,” Mr Rijiju asserted.

The minister said at a recent seminar in Delhi, where some retired Supreme Court judges and some senior lawyers were present, the topic was accountability in judges’ appointment. “But the discussion the whole day was how the government is taking over the judiciary,” he said.

The minister said he shares an excellent relationship with the chief justice of India, the present one, the last one and all the judges of the Supreme Court. “It is a few of the retired judges – maybe three or four – a few of those activists, part of the anti-India gang – these people are trying to make Indian judiciary play the role of the opposition party.

“Some people also go to the court and say please rein in the government, please change the policy of the government. These people want the judiciary to play the role of the opposition party, which cannot happen,” Mr Rijiju said. The judiciary, he asserted, is neutral. “Judges are not part of any group or political affiliation. How can these people openly say that the Indian judiciary must take head-on with the government. What kind of propaganda is this,” he wondered.

Asked whether any action was being taken against such elements, he said, “Actions will be taken, actions are being taken as per law. Nobody will escape.” On the issue of the appointment of judges, Mr Rijiju said there is no role of the judiciary as such to initiate and to give finalisation to the appointment of judges. “It was only later due to the misadventure of the Congress party, the Supreme Court started acting, which some people describe as judicial overreach. Then the collegium system came into existence”.

But right now, the position of the government is very clear that the collegium system is in place. “As long as a new system is not introduced, we will follow the collegium system but the appointment of judges cannot be done by a judicial order. It is purely administrative,” he said.

Invoking the constitutional “lakshman rekha” between different institutions, Rijiju asked if judges become part of administrative appointments, who would carry out judicial work. The statement was in response to a question about the Supreme Court’s March 2 decision on the appointment of Election Commissioners.

“The appointment of Election Commissioners is prescribed in the Constitution. Parliament has to enact a law. Accordingly, the appointment has to be done. I agree that there is no enactment for that in Parliament, there is a vacuum,” he said. “But what I am saying is that if the CJI or judges of India sit on every important appointment, who will carry forward the judiciary’s work?” he added.

Speaking later, the CJI, though differed in opinion from Rijiju, said there was absolutely no pressure from the government on how to decide cases. “In my 23 years of being a judge, no one has told me how to decide a case. There is absolutely no pressure from the government. The Election Commission judgment is proof that there is no pressure on the judiciary,” the Chief Justice said.

The Supreme Court had recently ruled the appointment of the Chief Election Commissioner and election commissioners will be done by the President on the advice of a committee comprising the Prime Minister, Leader of Opposition in the Lok Sabha and the Chief Justice of India.

 

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