AHMEDABAD: Union Law Minister Kiren Rijiju has said that the people of the country are not happy with the collegium system for the appointment of justices. He has said that according to the spirit of the Constitution, it is the responsibility of the government to appoint judges. Addressing an event in Ahmedabad, the Law Minister said he has realized that judges are busy with the intricacies of appointments half the time, thereby affecting their core responsibility of delivering justice.
Let us tell you that Kiren Rijiju has raised questions about the collegium system even before this. Last month, he had said in Udaipur that the collegium system of appointments in the higher judiciary needs to be reconsidered. Explain that judges are appointed in the top court and the high court of the country through the collegium system. The Supreme Court Collegium is headed by the Chief Justice of India and consists of the 4 second senior-most judges. Responding to a question regarding the procedure for the appointment of judges, Kiren Rijiju said that till 1993 all justices in India were appointed by the Law Ministry in consultation with the Chief Justice of India. At that time we used to have eminent judges.
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The Union Minister said that there is a clear provision in the Constitution regarding the appointment of judges. The Constitution states that the President of India shall appoint judges. This simply means that the Law Ministry will appoint the justices in consultation with the Chief Justice of India. He further said that in 1993, the Supreme Court defined consultation as consent. In no other field has consultation been defined as concurrence, but in judicial appointments. He has said that the judiciary expanded the collegium system in 1998.
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The Union Minister said that though the government can raise objections or seek clarifications regarding the recommendations of the collegium, but if the five-member collegium repeats the same names again, the government is bound to approve these names. . Rijiju said that I know that the people of the country are not happy with the collegium system of appointment of judges. If we go by the spirit of the Constitution, then it is the job of the government to appoint justices. Secondly, except in India, it is not practised anywhere in the whole world that judges appoint their brothers as judges.
Politics going on in the judiciary as well:-
Kiren Rijiju said that the process of consultation for selection of judges is so complicated that, I regret to say that it develops groupism. People can see the politics going on among the leaders, but do not know the politics going on in the judiciary. He said that a judge will be above criticism only if he is not involved in the selection of another judge. But if he is involved in administrative work, then he is not above criticism. Responding to a question, the Union Minister said that many judges make such remarks, which never form part of the judgement. During my discussions with the justices, I have urged them to refrain from this, especially when there is live streaming of court proceedings.
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