Supreme Court Should Not Hesitate To Initiate Contempt If Centre Doesn't Act On Collegium Reiterations: Justice K.M. Joseph
Former Supreme Court Justice K.M. Joseph, while speaking at a National Conference Government Law College, Ernakulam, criticized the government for its inaction on the collegium recommendations that are reiterated by the Court. In this context, he categorically said that to resolve this issue, the Court should take suo moto proceedings, even if it means initiating...
Former Supreme Court Justice K.M. Joseph, while speaking at a National Conference Government Law College, Ernakulam, criticized the government for its inaction on the collegium recommendations that are reiterated by the Court. In this context, he categorically said that to resolve this issue, the Court should take suo moto proceedings, even if it means initiating contempt proceedings.
Justice Joseph was speaking at a National Conference on “Constitution in a Changing India”. This is a three-day conference, and his address marked the second day of the conference. He was invited as a Chief Guest at the conference.
At the outset, he explained that the Supreme Court Collegium makes the proposal for judges appointments on which the government takes decisions. Sometimes it's acted upon immediately and sometimes kept indefinitely. However, if it is not accepted then it is returned to the Supreme Court with remarks. Following this, the Court either accepts it or reiterates the name.
Saying that many names are going to cold storage, he stressed that the government, as per the law, is expected to immediately appoint the persons whose names have been reiterated. The response of the Government is often a "resounding silence", he said, as they just simply sit over the files without taking any decision either ways. .
He opined that the solution could be only if the court tightens its grip and takes suo moto proceedings, even if it is in the region of contempt if that's the only way out. For once, the matter must be settled., he said and added
“This dilly-dallying, which results in the fine members of the bar being ultimately posed with a threat that finally they will not be appointed. That is not good for the country.”
He also suggested that there should be a permanent Constitution Bench. Justice Joseph also opined that the matters referred to the Constitution Bench should be heard and decided within a period of six months, at the latest. Otherwise, he said, they'll be in cold storage and it'll lead to cynicism and distrust.
Saying that five judges (in the Constitution Bench) can be selected on rotation, he lauded the initiatives taken by former Chief Justice of India Justice UU Lalit in expediting constitution bench hearings.
Lastly, he addressed the students and concluded: “I would end by saying that the future of the country literally lies in your hands. If your hearts & minds are not ignited by the magnificent provisions of our constitution, I don't know what'll happen to the country.”
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