The Supreme Court on Monday voiced its disapproval of remarks that the collegium system of appointing judges to the country’s higher courts is ‘alien’ to the Constitution and requested the government’s top lawyers – Attorney-General R Venkataramani and Solicitor-General Tushar Mehta – to ensure laws are followed and judicial appointments expedited.
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“The ground reality is names are not getting cleared… it is frustrating the whole system. Good people must join the bench and the timeline (of appointments) has to be adhered to unless there is an exception…” a division bench led by Justice SK Kaul said.
“If government today says it will not adhere to the law of the land… tomorrow someone else will not adhere to some other law. Must think of the larger picture,” the court observed.
The court also said that although some may have reservations about the collegium system, it must be respected for as long as it remains the law of the land. The court then rescheduled the matter to be heard on December 8.
The top court’s anguished remarks come after Rijiju’s criticism last week during a media event in Delhi. The minister pointed out prior to 1991 judges were appointed by the government.
“Anything alien to the Constitution… merely because of decision by courts or some judges… how do you expect the decision will be backed by the nation,” he was quoted by PTI.
“You tell me under which provision the collegium system has been prescribed,” Rijiju said as he continued his attack on the mechanism to appoint judges.
In his scathing attack on the judiciary, he claimed there is ‘no accountability’ and declared, “Then don’t send the files… you appoint and you run the show…”
On this the court said sternly that ‘it should not have happened’.
On the question of delays in appointing judges Rijiju argued the government was obligated to complete due diligence before confirming appointments.
However, he also added to his attack a double caveat; that while the government would ‘very well respect the collegium system until or unless it is replaced…’, he would not get into a debate on what that system should or should not be.
Parliament had passed the National Judicial Appointments Commission Act to overturn the collegium system but the top court struck down the law.
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