'Problem of pendency won't go away till new system is in place': Rijiju raises fresh concerns on collegiate system
Dec 15, 2022
New Delhi [India], December 15 : Union Law Minister Kiren Rijiju on Thursday raised fresh concerns over the collegiate system of appointment and transfer of judges in the country, saying the government can do 'very little' to solve concerns arising out of the pendency of cases in the country.
The Union minister was replying to a question by Congress MP Rajiv Shukla on the steps taken by the Centre to reduce the pendency of cases.
"The government has replied that the court has the power to decide on holidays. The Supreme Court, high court, the Chief Justice, everyone decides their holidays as per their wish. There are 4.9 crore cases pending in the country. So, I want to know what roadmap does the government have to resolve this (pendency) crisis," the Congress leader questioned in the Lok Sabha.
In his reply, the Union minister said, "In 2015, Lok Sabha and Rajya Sabha had passed the NJAC (National Judicial Appointments Commission). It was also approved by two-thirds of the states. However, the government has very limited options in resolving the crisis. It can't suggest names, outside of the ones recommended by the collegium," he said.
He added that the government has written several times on making the collegium system 'inclusive' of the country's diversity.
"We have written several times that the collegium should be made inclusive of the diversity of the country, having people of all castes and religions, with a special focus on women. If we look at the Constitution, the power of appointing judges was vested in the government, after with consultation with judges. However, it changed after 1993."
The Union Law minister further said the problem of vacancies will keep cropping up unless a 'new system' is brought in place.
"I don't like saying this but we don't have the system of the Parliament or the people. We are taking several steps to reduce the pendency of cases. But, unless a new system is brought in place for appointment of judges, the problem of vacancies and pendency will keep cropping up," he said.
