"After becoming judges, they don't have to face elections...people make their assessments," says Kiren Rijiju amid Centre's suggestions on Collegium system
Jan 23, 2023
New Delhi [India], January 23 : A day after he backed the views of a former Delhi High Court judge Justice RS Sodhi that Supreme Court has "hijacked" the Constitution by deciding to appoint judges itself, Union Law Minister Kiren Rijiju on Monday said that "changes are also made in an established system in view of challenges and situations" and that "judges do not face elections or scrutiny by public" and people make their assessments..
Addressing an event organised by Delhi Bar Association at Tis Hazari courts here, the minister also pitched for a "robust and independent judiciary", saying if the independence of the judiciary is diluted, democracy will not be successful.
The minister's remarks have come at a time when the government and the judiciary have differences over the process of appointment of judges to the higher judiciary.
"For a strong democracy in India, a robust and independent judiciary is a must. If the independence of the judiciary is diluted or its authority, dignity and honour are weakened, then democracy will not be successful," Rijiju said on Monday.
He said the Indian constitution has seen several amendments in response to the emerging situation.
"Sometimes some challenges appear. We are a developing nation. It is wrong to think that there could not be changes in the running system. Changes are also made in an established system in view of challenges and situations. This is the reason Indian Constitution has been amended over a hundred times," the minister said.
He said people are watching the judges and people make assessments of judgment and the way they deliver justice.
"After becoming judges, they don't have to face elections or scrutiny by the public...Public is watching the judges, their judgments and the way they deliver justice, and make their assessments...In this era of social media, nothing can be hidden," he said.
Rijiju, who had shared a clip of an interview of former Delhi High Court judge Justice RS Sodhi, had said on Sunday that the majority of people have "similar sane views".
"Actually majority of the people have similar sane views. It's only those people who disregard the provisions of the Constitution and mandate of the people think that they are above the Constitution of India," Rijiju had said.
Sharing the interview clip on Saturday, Rijiju had said elected representatives represent the interests of the people and make laws. "Our Judiciary is independent and our Constitution is Supreme," Rijiju had said.
Rijiju had earlier this month written to the Chief Justice of India DY Chandrachud for the inclusion of government nominees in the collegium system for appointments to the higher judiciary.
The minister later said in a tweet that the move was a follow-up action of the direction of Supreme Court Constitution Bench while striking down the National Judicial Appointment Commission Act.
He said the SC Constitution Bench had directed to restructure the Memorandum of Procedure of the collegium system.
"The contents in the letter to hon'ble CJI are exactly in conformity with the observations and directions of the Supreme Court Constitution Bench. Convenient politics is not advisable, especially in the name of Judiciary. Constitution of India is supreme and nobody is above it,"the minister had said in a tweet on January 16 responding to a tweet by Delhi Chief Minister Arvind Kejriwal.
"How can a govt's nominee be part of the collegium? Some people make comment without knowing the facts! The Constitution Bench of hon'ble SC itself had asked to restructure the MoP. Search-cum-Evaluation committee is envisaged for preparation of panel of eligible candidates," Rijiju had said in a tweet on January 17.
