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Rijiju Hints at Changing Law to End Collegium System

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Manas Dasgupta

NEW DELHI, Jan 23: The union law minister Kiren Rijiju, a strong advocate for the government’s say in the judicial appointments, on Monday hinted that the present Collegium System in which only the Supreme Court decides the appointments, may not be carried on for long.

“There have been many changes since 1947, so it would be wrong to think that the existing system will carry on and it would never be questioned,” Mr Rijiju said. “It is the changing situation which dictates the need and this is why the Constitution had to be amended more than a hundred times,” he said.

Speaking at an event on Monday organized by Delhi Bar Association, Mr Rijiju said politicians were elected and then made to loose every five years. But judges remain on the chair forever. He added that people criticize politicians and even reject them during polls but judges don’t have to face such scrutiny or contest polls.

Amid the ongoing controversy between the government and the judiciary, Rijiju said the judges do not have to contest elections or public face scrutiny after they become judges but it did not mean that they were not been watched. In the present era of social media, every individual had gained voice and they were in a position to air their views in the public.

Reminding the audience that with the advent of the social media, the people now have the power to speak, he said it was not like the old days, when there was no platform and only “netalog (leaders)” could speak. In this context, he said the Chief Justice had sought his help about the abuse judges face on social media. “How to control that? Now, judges cannot respond to it o social media. The government was requested to take a firm step… I have taken note of it and have the solution,” he added.

Though the public cannot change the judges, Mr. Rijiju asserted that judges are under being watched by the public for their judgments, delivery of justice and their conduct. “But, the people are watching you and judging you as well. Your judgments, how you dispense justice. People are watching this and forming opinions,” said Mr Rijiju.

Rijiju said since the day Narendra Modi took over as the prime minister and he as the law minister, “the government hasn’t done anything that harms the judiciary or is against constitution.” He added that the BJP government respects the Constitution in letter and spirit.

“PM Modi has started his work after taking oath of the constitution. He maintained that Constitution is the most sacred book for India and he will run the country on the basis of path shown by the Constitution,” said the law minister. Mr Rijiju also shared said the Chief Justice of India (CJI) had asked him to check the online targeting of judges on social media platforms.

“CJI asked us to take some stern steps against people who are commenting on judges. I have taken his suggestion and we are considering it. But when people are criticizing at a “mass-scale” what can we do?,” he said. The minister also said some people are projecting the current situation — where there are difference between the government and judiciary — as if a ‘mahabharat’ is going on in the country.

“This is not true. We constantly keep meeting each other. CJI and I are in constant touch and we have discussions on all small and big issues,” he said. “The differences are always there. I come from political party which has always said ‘Matbhed ho sakte hai, man bhed nahi hona chahiye’. I wrote a letter to CJI on 6th Jan, which is my duty, there was no need to publicly announce what’s written. It’s a part of procedure.

The Law Minister maintained that there is no problem between judges, lawyers or the government and added that the BJP government will work in a way to bring an environment in the country that the young lawyers look up to a great and successful career ahead.