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Issue Of Higher Judiciary Vacancies Will Keep Cropping Up Till Process To Appoint Judges Is Changed: Law Minister Kiren Rijiju
LIVELAW NEWS NETWORK
15 Dec 2022 3:34 PM IST
The Union Law Minister Kiren Rijiju today said in the Rajya Sabha that until the procedure for appointment of judges changes, the issue of high judicial vacancies will keep cropping up before us.Blaming judicial vacancies for the rising pendency of cases across the country, the Union Law Minister said that the Government has limited power to fill up judicial vacancies, although he has...
The Union Law Minister Kiren Rijiju today said in the Rajya Sabha that until the procedure for appointment of judges changes, the issue of high judicial vacancies will keep cropping up before us.
Blaming judicial vacancies for the rising pendency of cases across the country, the Union Law Minister said that the Government has limited power to fill up judicial vacancies, although he has requested the Supreme Court and High Court judges to ensure that names of quality judges are recommended by them.
"As per the Constitution, the process and procedure for appointment of judges was within purview of the Government, in consultation with the courts...today govt has very limited power to fill up judicial vacancies. Apart from the names that are sent for approval to the govt, there is no other power to propose new names. I have requested SC and HC judges to ensure that names of quality judges are sent" Union Law minister said.
Until procedure of appointment of judges changes, issue of high judicial vacancies will keep cropping up: Law Minister @KirenRijiju in Rajya Sabha#collegium #NJAC #RajyaSabha pic.twitter.com/kr9tPzQXft
— Live Law (@LiveLawIndia) December 15, 2022
These statements from the Union Law Minister came amidst the ongoing differences between the Central Government and the Judiciary over the procedure to appoint judges in the higher judiciary. In fact, the Supreme Court recently expressed its disapproval of the comments made by the government functionaries against the collegium system.
The Supreme Court said so while hearing a contempt petition filed by the Advocates Association of Bangalore against the Centre for breaching the timeline for judicial appointments, the Supreme Court today expressed disapproval of the comments made by the government functionaries against the collegium system.
During the course of the hearing, the Top Court also told the Central Government that the collegium system is the "law of the land" which should be "followed to the teeth". "Just because there are some sections of society who express a view against the collegium system, it will not cease to be the law of the land", the Court added.
Read more about Supreme Court's remarks here: 'Collegium System Is The Law Of The Land, Must Be Followed' : Supreme Court Tells Centre; Asks AG To Advise Govt Of The Legal Position
Significantly, on the last hearing in the matter as well, i.e., on November 28, the Court had expressed dismay over the Law Ministers' comments against the collegium system. The Court had also urged the Attorney General and the Solicitor General to advise the Centre to follow the law laid down by the Court regarding judicial appointments.
The Supreme Court had reminded that names reiterated by the Collegium are binding on the Centre and that the timelines laid down for completing the appointment process are being breached by the executive.
It may be noted that recently, on at least 3 occasions, Union Law and Justice Minister Kiren Rijiju has launched attacks against the Collegium System by calling it opaque & Unaccountable, alien to the Constitution of India, and not backed by the citizens. Read more about his remarks here, here and here.
It may further be noted that the Chairperson of the Rajya Sabha, Vice President of India Jagdeep Dhankhar recently made critical comments about the Supreme Court's judgment which overturned the Constitutional Amendment passed to bring in the National Judicial Appointments Commission (NJAC).
