Law minister Kiren Rijiju on Tuesday categorically stated that the Centre has not sought the inclusion of a government representative on the Collegium for appointments to the Supreme Court and high courts.
Responding to a tweet by Delhi Chief Minister Arvind Kejriwal, Rijiju denied any interference on part of the government in appointments to the judiciary and said that comments were being made with respect to his letter to the Chief Justice of India “without knowing the facts”.
“How can a government nominee be part of the Collegium? Some people make comments without knowing the facts! The Constitution Bench of hon’ble SC itself had asked to restructure the MoP (Memorandum of Procedure). Search-cum-Evaluation committee is envisaged for preparation of panel of eligible candidates,” Rijiju wrote on Twitter.
Rijiju further said that his letter to CJI DY Chandrachud, reported by the media on Monday, was a “precise follow-up action” to the directions of the Constitution bench of the Supreme Court while striking down the National Judicial Appointment Commission Act.
“The SC Constitution Bench had directed to restructure the MoP of the Collegium system,” Rijiju said.
The Law minister further reiterated that the Constitution of India is supreme and advised leaders and parties to refrain from politicising the issue.
“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 Law minister tweeted.
On Monday, The Indian Express reported that Rijiju has written to the Chief Justice of India suggesting that a government nominee be included in the decision-making process to shortlist judges for appointment to the Supreme Court and high courts.
As per the report, Rijiju’s letter suggests that a government nominee be made part of the “evaluation committee” for Supreme Court and High Court judges. The committee with government representatives was proposed with a view to preparing a panel of candidates from which the Collegium can draw the names.