Centre vs SC Collegium: Union Law Minister Kiren Rijiju has written a letter to the Chief Justice of India (CJI) Dhananjaya Y Chandrachud suggesting the inclusion of Union government's representatives in the SC collegium and state government's in the High Court for transparency, reports said.
Reacting to this development, Delhi Chief Minister Arvind Kejriwal said that this is extremely dangerous. "There should be absolutely no government interference in the judicial appointments."
Responding to Delhi CM Kejriwal, the Union Minister said, "I hope you honour Court's direction! This is precise follow-up action of the direction of the Supreme Court Constitution Bench while striking down the National Judicial Appointment Commission Act. The SC constitution bench had directed to restructure the MoP of the collegium system."
"The contents in the letter to CJI are exactly in conformity with the observations and directions of the Supreme Court Constitution Bench. Convenient politics is not advisable, especially in the name of the Judiciary. The Constitution of India is supreme and nobody is above it."
Earlier this month, the Supreme Court said that it is a "matter of concern" that the government is sending back the names reiterated by the Collegium for the judgeship in constitutional courts despite there being nothing in the present scenario to prevent the appointment post reiteration.
A bench of Justices SK Kaul and AS Oka observed that nothing prevents the legislature from bringing in a better system for the appointment of judges to constitutional courts but till the time the law holds it must be implemented.
Advocate Prashant Bhushan, appearing for one of the petitioners, said even the names reiterated by the Collegium have been sent back by the government "That is a matter of concern. We have already flagged it in the last order," said the bench, which was hearing a matter related to the alleged delay by the Centre in clearing the names recommended by the Collegium for appointment as judges to the Supreme Court and high courts.
Prior to that in December 2022, Union Law Minister Kiren Rijiju took a sharp jibe at the opposition, saying that many years ago, it was discussed that whosoever becomes a judge should work for the government but the present government believes that judges should be committed to the nation.
He added that the opposition says that the government is trying to control the judiciary, but the government think judges should be committed to the nation and not to it.
The Law Minister also emphasised that people will not vote on the work of judges but their work is open for scrutiny in public opinion.
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