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Kiren Rijiju blames Cong, SC for judges appointing judges
There is no confrontation between the judiciary and the executive, Union law minister Kiren Rijiju said on Saturday, even as he emphasised that judges cannot be appointed through judicial orders and that it has to be done by the government
There is no confrontation between the judiciary and the executive, Union law minister Kiren Rijiju said on Saturday, even as he emphasised that judges cannot be appointed through judicial orders and that it has to be done by the government.
“It will not be proper to use the term confrontation. In a democracy, there are differences of opinions and positions. Between different organs of a democracy, that is, judiciary, executive and legislature, there will be a difference of ideas but to say there is a confrontation is not correct... our government is committed towards giving space to the judiciary, maintaining its independence and strengthening the judiciary,” Rijiju said at the India Today Conclave in the national capital.
At the same time, the minister asserted the role of the executive in the appointment of judges, stressing that judicial appointment is not a function of the judiciary and that its primary role is to decide cases.
“If you go back to the Constitution itself, the appointment of judges is the duty of the government. The President of India shall appoint the judges of the Supreme Court and high courts in consultation with the Chief Justice of India and chief justices of respective high courts. There is no role of the judiciary as such. It was only later due to the misadventures of the Congress party that the Supreme Court started acting in, which some people describe as, judicial overreach and then the collegium system came into existence,” he said.
According to Rijiju, the government’s position is clear that it will follow the collegium system until a new system is in place. “But the appointment of judges cannot be done by a judicial order. It is purely administrative,” said the minister, adding he would refrain from making comments on any names that were reiterated by the collegium but are yet to be cleared by the government.
Rijiju, however, highlighted that whenever the government takes a particular view about a name recommended for judgeship, it is based on certain inputs and that as a law minister, he would never divulge them in public.
Asked if he was of the view that the government has the last word in making appointment of judges, Rijiju said: “I am not saying it, the Constitution says so.”
Rijiju also lamented that a few retired judges and some activists who are part of an anti-India gang are trying to turn judiciary against the government.
“Recently there was a seminar in Delhi on accountability of judges. But somehow the entire seminar became (about) how the government is taking over the Indian judiciary. I have a fantastic working relationship with the present and the previous CJI as well as the chief justices of the high courts... It is a few retired judges, a few of the activists (who are) part of the anti-India gang who want the judiciary to play the role of the Opposition...This cannot happen... judiciary is neutral... what kind of propaganda is this?” he said.
The law minister’s views on the issue of same-sex marriage were aligned with the Centre’s affidavit filed in the Supreme Court last week. “This is a matter that has to be left to the wisdom of the country. And who reflects the thinking of the country — the Parliament is the reflection of people’s idea, vision and choice... how India has to govern, this has to be debated in the Parliament,” he said.
