SC objects to law minister's remarks telling judiciary to 'run their own show'
After Union law minister Kiren Rijiju had challenged the judiciary to “run their own show” in the ongoing row over the Collegium system of appointing judges, the Supreme Court on Monday (November 28), took objection to the minister’s remarks and said that it should not have been made.
While participating in a summit organised by the news channel Times Now, Rijiju had said that the Central government cannot be accused of ‘sitting over recommendations’ made by the Collegium and the judges’ body cannot expect the government to simply sign on all the recommendations made by it.
It should not be said that the government is sitting on the files. If that is the case, then, he added that the judiciary should not send the files to the government. “You appoint yourself, you run the show then,” he had said.
On Monday, Justice Kaul and Justice A S Oka were hearing a contempt plea filed by the Advocates Association Bengaluru against the government, who is yet to approve 11 names reiterated by the Supreme Court Collegium, in violation of the norms laid down by the top court. It was then that Justice Kaul without naming the law minister observed that let them (the government) give the power and that they had no difficulty.
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Justice Kaul told the attorney general R Venkarataramani, “I ignored all press reports, but what he says, that when somebody high enough says let them do it themselves, we will do it ourselves, no difficulty… It came from somebody high enough. Should not have. All I can say is should not have happened.”
Solicitor general Tushar Mehta told the court not to take cognisance of the media reports. To which, Justice Kaul responded, “It’s an interview…with an interview, it becomes difficult to deny what you have said yourselves”. And, he added that he is not saying anything but he expects both the attorney general and solicitor general to play the role of a law officer…”to advise the government to ensure that the law of the land as laid down by this court is observed”.
At the summit, Rijiju had also pointed out that the government will respect the Collegium system till it is replaced by a better system. Until then, the government will continue to do its due diligence before acting on Collegium recommendations. Earlier, speaking at an event held on the SC lawns on the eve of Constitution Day onm November 25, Rijiju had pitched for fraternal ties between the two pillars of democracy, saying they are like brothers and should not fight each other.
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He said the central government under Prime Minister Narendra Modi has never undermined the authority of the judiciary and will always ensure its independence remains untouched and is promoted. We are offspring of the same parent, he had said, adding that they (the judiciary and the government) were brothers. “It is not right to fight with each other. We will work together to strengthen the nation,” he had said.