collegium system Archives - Lokmarg

‘Rijiju’s Consistent Critique of Judicial System Was Unwarranted’

By LokMarg 22nd May 2023

Saghar Mehdi, an advocate at the Lucknow Bench of Allahabad High Court, speaks about Kiren Rijiju’s stint as Union Law Minister which was riddled with unsavoury outbursts:

I believe the transfer of Mr Kiren Rijiju from the Union law ministry was a result of his continuous and uncalled for vocal criticism of the collegium system for the appointment of judges in the Indian judiciary system. Mr Rijiju was repeatedly making ‘suggestions’ for the inclusion of the Executive in the decision-making process for the appointment of judges, which caused the Union government many an embarrassing moment. A bitter, unsavoury exchange left the government with no other option but to shift him to another ministry.

As far as the social or professional behavioural ethics go, it is ideal for the constituents of any system or organisation to work within one’s domain and responsibility assigned. This is particularly so in a robust democracy, where the three constitutional pillars, namely Legislature, Executive, Judiciary should not interfere in the work domain of others for smooth functioning of the state.

In this sense, the continuous and unwarranted outburst of a person holding a high office was widening the differences between the executive and the judiciary. If at all the ‘recommendations’ of Mr Rijiju were to be implemented by any chance, the judiciary would lose its impartiality. For, its actions and decision will then be seen or perceived as influenced by the government of the day. For any judicial system to remain unprejudiced, it should not perform under any kind of influence or indulgence of the government otherwise it will merely be reduced to a puppet in it hands.

ALSO READ: ‘Political Postings For Retd Judges Send A Wrong Signal’

The Union minister had also been terming the Collegium system of appointing judges as opaque and not accountable from many platforms and had been advocating an alternative mechanism (with the interference of the government). If at all you imagine it to be so, it will become like a double-edged sword with all the observations and judgments going under the lens on all the platforms creating more problems for both the constituents (of the appointment authority – the government and the judiciary).

Rijiju’s comments on retired judges – he said a few retired judges were part of the anti-India gang – probably the last straw that tested the government patience. It was a sub-standard, childish remark, and a direct attack on the judiciary.

Even the lawyers community across the country felt that the allegations against retired judges, who spent a lifetime to uphold the rule of law, marked a new low in the public discourse. It is justifiable to be critical in a healthy manner in a democracy but to be outrageous and launch a blunt attack on a responsible person is character assassination. And coming from a person sitting in a highly accountable position, this was unacceptable.

It is the beauty of Indian Constitution that it provides a fair and just platform to everyone to live freely and express their emotions and feelings. But this freedom and these rights should be duly reciprocated and practiced with mutual respect to one another.

Retd CJI UU Lalit Backs Collegium System, Calls It ‘Near Perfect’

By LokMarg 18th February 2023

At a time when it is under attack, former Chief Justice of India UU Lalit on Saturday backed the Collegium system, remarking that nothing is better than this system and also said that reiteration of name by the Supreme Court Collegium is unanimous.

Addressing a seminar on judicial appointments and reforms, the former CJI Lalit shared his experience as part of the Collegium system for two years.

The seminar on judicial appointments and reforms was organised by Campaign for Judicial Accountability and Reforms.

“Initial recommendation made by Supreme Court collegium for appointment of judges to the top court and high courts need not be unanimous and could be by majority vote.

But reiteration of name by the Supreme Court Collegium has to be unanimous,” former CJI Lalit said.

Backing up the Collegium, CJI Lalit said, “we don’t have a system better than the Collegium system. If we don’t have anything qualitatively better than the collegium system, naturally, we must work towards making it possible that this collegium system survives.” He also stressed that there is no need for interference in the system.

Calling it a near-perfect model, former CJI Lalit said that they can be infirmities as some recommendations get dropped.

Elaborating on the Collegium system, Justice Lalit shared his experience as part of the system and said that almost 255 names recommended by Collegium during his tenure as a member, were accepted by the government and about 30 odd recommendations were not cleared by govt till he demitted office.

He also pointed out that many judges in this country normally get appointed at the level of the High Court and very few get directly appointed to Supreme Court. (ANI)

RJD Elder Manoj Jha Too Calls For Change In Collegium System

By LokMarg 16th December 2022

Disagreeing with the current collegium system, RJD member of parliament from Rajya Sabha Manoj Jha said that with the new changes, the government needs to bring the Judicial Appointments Commission (NJAC) bill.

Manoj Jha said that the Judicial Appointments Commission (NJAC) bill needs to be made in line with the Constitution so that the participation of all sections of society is ensured in judicial appointments.

Jha also questioned the NJAC bill brought by the central government in 2014, rejecting the existing collegium system and said that there was no provision for reservation for Scheduled Castes, Scheduled Tribes and Backward Classes in NJAC.

There is a tussle between the central government and the judiciary since 2014 regarding the collegium system.

On December 8, Minister of Law Kiren Rijiju said that there is no such proposal to reintroduce the NJAC with suitable modifications.

While responding to the several questions raised by politicians Mallikarjun Kharge and Dr John Bittas in Parliament, Law and Justice Minister said, the appointment of the Judges of the Constitutional Courts is a continuous, integrated and collaborative process between the Executive and the Judiciary.

Rijiju also said that the appointments of judges require consultation and approval from various constitutional authorities both at the state and central levels. Government appoints only those persons as Judges of High Courts who are recommended by the Supreme Court Collegium.

Giving the details, Rijiju said, “As on December 5, 2022, there is one proposal for the appointment of a Supreme Court Judge and eight proposals for the appointment of the High Court’s Judges recommended by the Supreme Court Collegium are pending with the Government.”

“Further, there are eleven proposals for the transfer of High Court Judges, one proposal for the transfer of a Chief Justice and one proposal for the appointment of the Chief Justice of a High Court recommended by the Supreme Court under consideration of the Government,” he said.

Rijiju also said that a total of 256 proposals have been remitted by the Government to the High Courts.

“During the last five years, a total of 256 proposals have been remitted by the Government to the High Courts. The proposals are remitted to the concerned High Courts on the advice of the Supreme Court Collegium,” he added.

On the question of the number of vacancies as of the date in the Supreme Court and High Court, the Law minister stated that as on December 5 against the sanctioned strength of 34 Judges, 27 Judges are working in the Supreme Court leaving seven vacancies.

“In the High Courts, against the sanctioned strength of 1108, 778 Judges are working leaving 330 vacancies,” he added.

In 2014, the National Democratic Alliance government brought the National Judicial Appointments Commission (NJAC) Act in an attempt to change the system of appointment of judges.

Vice President Jagdeep Dhankhar recently passed a certain remark on the 99th Constitutional Amendment Bill paving way for the National Judicial Appointment Commission (NJAC) which was undone by the Supreme Court in 2015. (ANI)