Representations Received On 'Lack Of Transparency, Objectivity & Social Diversity' In Collegium System : Union Law Minister

The Union Minister for Law & Justice Kiren Rijiju told the Rajya Sabha on Thursday that the Centre has received representations from diverse sources on lack of transparency, objectivity and social diversity in the collegium system of appointment of judges to the Constitutional Courts. 

"Representations from diverse sources on lack of transparency, objectivity and social diversity in the collegium system of appointment of judges to the Constitutional Courts are received from time to time with the request to improve this system of appointment of judges", the Minister said in written responses given to queries raised by Rajya Sabha MPs Binoy Viswam and John Brittas.

The Minister further stated that the Government has sent suggestions for supplementing the Memorandum of Procedure for appointment of Judges to the High Courts and Supreme Court.

It may noted that the Supreme Court recently stated that the MoP approved by the Supreme Court Collegium way back in 2017 is final. While the Government may suggest improvements for the MoP, it cannot act as if the existing MoP is not final and binding, the Court added.

Communist Party of India member Viswam had raised a pointed query whether the Government intends to change the current collegium system. Evading a direct reply, the Minister said that the Government hd brought the Constitution (Ninety Ninth Amendment) Act 2014 and the National Judicial Commission Act 2014 into effect to make the collegium system "more broad-based, transparent, accountable". However both these Acts were declared as void and unconstitutional by the Supreme Court in 2015, the Minister added.

The Minister further informed that as on 16.12.2022, 154 proposals received from High Courts are at various stages of processing between the Government and the Supreme Court Collegium.

Regarding the CPI MP's query regarding reasons for delay in judicial appointments, the Minister said :

"Filling up of vacancies in the High Courts is a continuous, integrated and collaborative process between the Executive and the Judiciary. Transfer and appointments of Judges of the High Courts require consultation and approval from various constitutional authorities both at state and central level. While every effort is made to fill up the existing vacancies expeditiously, vacancies of Judges in High Courts do keep on arising on account of retirement, resignation or elevation of Judges and also due to increase in the strength of Judges".

The Minister's written response further revealed that against the sanctioned strength of 1108, 775 Judges are working in the High Courts, leaving 333 vacancies to be filled. At present, 154 proposals are at various stages of processing between the Government and the Supreme Court Collegium. Further, recommendations from High Court Collegiums are yet to be received in respect of 179 vacancies in High Courts.

Of late, the Law Minister has been vocal in raising his criticism against the collegium system. Some of his comments were not taken well by the Supreme Court, which urged the Attorney General to advise the government functionaries to exercise restraint.

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