In a minor but significant reshuffle of ranks in the Union Cabinet led by Prime Minister Narendra Modi, the government announced that Kiren Rijiju was being shifted out of the Law ministry and handed the charge of the Ministry of Earth Sciences. He has been replaced by Arjun Ram Meghwal.
Rijiju, whose elevation from the Ministry of Youth Affairs and Sports to the Law ministry came as a surprise to many, has been in the headlines for his remarks critical of the Collegium system of appointments to the Supreme Court and high courts. He has also raised the issue of “judicial interference” in the functioning of the government and also defended the latter when the top court gave it a dressing down for sitting on files related to judicial appointments.
Here are 5 times Kiren RIjiju sparked a row with his remarks:
‘Uncle Judge Syndrome’
Rijiju, who has always been openly critical of the Collegium system of appointments, said in an interview to India Today in April this year that the the controversy over appointment of judges to the higher courts will remain till the Collegium system remains in place.
“Since the Collegium came into the picture, three senior judges in the high courts decide who will become the next judges of the high courts, and they send names for the same. For the Supreme Court judges, five seniormost judges decide on the name. They will only decide on names that are within their knowledge or their jurisdiction. The Collegium has created the situation where the judges will take names of only those that they know,” Rijiju said.
“Uncle-judge means if someone you know has become a judge, your path becomes clearer,” he said adding that a good advocate knowing any influential judge, will not be recommended.
Also Read: Who is Arjun Ram Meghwal? IAS-turned-three-time MP is new Law minister
‘Judges don’t face elections’
Amid an escalating row between the judiciary and the executive, Rijiju described the Collegium system as “alien” to the Constitution. Addressing an event hosted by the Bar Council in Maharashtra, Rijiju said that judges do not have to contest elections or face public scrutiny. However, they are still judges for their actions and their judgments.
“The people are watching you and judging you. Your judgments, your work process, how you dispense justice… The people can see, and assess… They form opinions,” he said.
On delay in judicial appointments
In November last year, Rijiju came under fire from the top court over his remarks defending the government for “holding back” some appointments to the top court. “Never say that the government is sitting on the files. Then don’t send the files to the government, you appoint yourself, you run the show then,” Rijiju had said at a Times Now summit.
“Anything which is alien to the Constitution merely because of the decision taken by the courts or some judges, how do you expect that the decision will be backed by the country,” he further asked.
‘Centre cannot merely sign off on names’
On November 25, 2022, Rijiju said that as long as the collegium system is prevailing, he has to respect the system. “But if you expect the government should merely sign (off) on the name to be appointed as a judge just because it is recommended by the collegium, what is the role of government then? What does the word due diligence mean,” he said.
Rijiju further said that there are loopholes in the collegium system and “people are raising voices” that the system is not transparent. “Also there is no accountability,” he said.
‘Some retired judges part of anti-India gang’
Rijiju came under from the Opposition in March this year over his remarks that there was a “calibrated effort’ to undermine the Indian judiciary and “turn it against the government”.
“Recently, there was a seminar on accountability of judges. But somehow the entire seminar became how the executive is affecting the judiciary. There are a few judges who are activists and are part of an anti-India gang which is trying to turn judiciary against the government like the Opposition parties,” said the minister.
“Anybody, if Rahul Gandhi or anybody says that the Indian judiciary has been hijacked or that democracy is over in the country … the judiciary is dead, what does it mean? There is a calibrated effort to undermine the Indian judiciary. That is why day in and day out, they are trying to say the government is trying to take over the Indian judiciary.”
“The same ecosystem is working inside India and outside India also. Remember, people of India are with Modiji and our government. We will not allow this tukde tukde gang to destroy India’s integrity and sovereignty,” he added.
Besides these remarks, Rijiju has also been critical of the Supreme Court over the Collegium’s decision to make public its reasons for reiterating the names recommended for the appointment of judges and the Centre’s objections to some of them.