Judges primary work to deliver justice, not decide appointments: Kiren Rijiju on Supreme Court verdict regarding appointment of Election Commissioners
The Union Law Minister Kiren Rijiju pointed out that a few retired judges are activists and part of anti-India gang which is keen of turning the judiciary against government. He added that the price of such judges shall be borne by the masses.
The law minister said this while he was answering to a set of questions during the India Today Conclave 2023 when he referred to a recently conducted seminar on the accountability of judges.
The Law minister also shared how he recently attended a seminar which was on the accountability of judge but somehow turned into how the executive is affecting the judiciary.
During the India today Conclave,the Union Law minister shared his views on different questions.
Talking about the Collegium system and appointment of judges, the minister said that it is the the misadventure of the Congress governments which has been interfering with the appointment of judges.
The minister added that as per the constitution the appointment of judges is upto the government and it is the duty of the President to appoint Supreme Court and High Court judges in consultation with the Chief Justice of India and Chief Justices of High Courts. He added that only due to the Congress party and judicial overreach that the collegium system came into being.
Kiren Rijiju added that till the new system is brought into place, the collegium system shall be followed by the government.
He also added that the appointment of judges is an administrative task and the government has to carry out due diligence.
Talking about the Central government not clearing names recommended by Collegium, the Law minister said that there is no need to talk about individual names and why names are not being cleared.
The minister clarified that Collegium is well aware of reasons for non clearance and Government knows why they have insisted on the names.
He added that he can answer this but it won’t be appropriate to label the names.
Talking about the Court vacation, the law minister said that Judges require holidays as they deal with 50-60 cases everyday along with administrative duties.
He agreed that the judges have a huge mental pressure and need to go for vacation etc.
He cited example of United States of America, where judges deal with 4 to 5 cases and here judges deal with 50 to 60 cases daily and in some days judges hear 100 cases also.’
Talking on the most relevant of topic on conflict between executive and judiciary, the Law minister said that in his opinion the term itself is applied wrong.
He added that in a democratic set up, there always will be difference of opinion. between three organs which will run against each other, but not correct to say that there is confrontation we have always stuck to the independence of judiciary and also strengthening the judiciary.
Talking about the same-sex marriage, Rijiju said that the parliament is the reflection of people’s vision and people’s choice. Therefore, how the institution of marriage is governed needs to be debated in parliament.
Talking about the recent Supreme Court judgment on Election Commission, which states that the judgement of constitution bench judgment holding that the appointment of members of the Election Commission of India (ECI) should be done on the advice of a committee, asked ‘If the CJI or judges of India sit on every appointment who will carry forward the judicial work?’
The minster clarified that he was not critiquing the judgment, but dephasing that judges are meant to primarily deliver judicial orders and work.