Never Say Govt Is Sitting On Files; Then Don't Send Names, You Run The Show: Union Law Minister On Collegium

Launching a fresh attack on the mechanism to appoint judges to the Supreme Court and High Courts, Union Law Minister Kiren Rijiju on Friday said that the Collegium system is alien to the Constitution of India and isn't backed by the people of the country. 

Speaking at the Times Now Summit, he also said that the Government can't be expected to merely sign on/approve the names recommended by the collegium, which, he said was created by the Supreme Court in its wisdom, through a court ruling, for appointment to the HCs and SC. 

"...if you expect the Government to merely sign (on) the name to be appointed as a judge just because it is recommended by the collegium, what is the role of government then? What does the word due diligence mean?...": Union Law Minister Rijiju said while speaking at the Times Now Summit 2022 on November 25.

However, he did add that the government respects the Collegium System and it will continue to do so until and unless it is replaced by a better system. He also said that there is no question of any fight for supremacy (between the executive and the judiciary), and the only question is of the service to the nation. 

Further, responding to the allegation that government 'sits' on various Supreme Court collegium recommendations, Law Minister Rijiju it should never be said that the government is sitting on the files.

"Never say that the government is sitting on the files, then don't send the files to the government, you appoint yourself, you run the show then. The system doesn't function (like that). The executive and the judiciary have to work together, they have to serve the country," he added.

Stressing that the Collegium System is alien to the Constitution of India and has 'loopholes', Law Minister Rijiju questioned that anything which is alien to the Constitution, merely because of the decision taken by the courts or some judges, how do you expect that the decision will be backed by the country?

For context, he was referring to the Apex Court's ruling in the case of Second Judges case (1993), which introduced the Collegium System and ruled that the word "consultation" in Article 124 of the Constitution of India means "concurrence" and therefore, the President of India was bound to make a decision (on the appointment of Judges) based on the consultation of the Supreme Court.

During his interview, he said that though he can not tell judges how they should behave, it is a convention that the judges must speak through their judgments. He also said that if a judge involves in some kind of commentary which touches the sentiments of the people, then it has to be thought as to whether the judge or his judgment had crossed the Lakshman Rekha.

Recently, the Supreme Court had criticised the Centre for not clearing the names reiterated by the Collegium.