In the backdrop of growing hostilities between the Centre and the Supreme Court over the Collegium system of appointment of judges, Rajya Sabha MP and former law minister Kapil Sibal on Monday came down heavily on Law minister Kiren Rijiju over his recent statements on the judiciary. Terming the statements as “disturbing” and “inappropriate”, Sibal said in an interview to The Indian Express that the Law minister was unaware of the functioning of higher courts since he is not a practising lawyer.
“Rijiju not being a practising lawyer is probably unaware of the functioning of courts, especially the Supreme Court,” Sibal said.
Collegium system ‘alien to constitution’: Rijiju
Rijiju, speaking at the Times Now Summit on November 25, made remarks critical to the Collegium system saying that it is “alien to the Constitution”. He further said that the union government was well within its right to carry out the process of due diligence.
“Collegium system is alien to the Indian Constitution. But because the Supreme Court (courts) created a collegium, the government has to do due dilligence. What is the difference between consultation and concurrence? Is it the same? The collegium system needs to be replaced by a better system. As long as it is prevailing, I have to respect the system. But if you expect that the government has to sign a decision, only because it has been recommended by a collegium… then what is the role of the government?” Rijiju had said during the interaction.
Recent statements by the Law minister and Rajya Sabha Chairman Jagdeep Dhankhar have given rise to assumptions that the Centre may be readying plans to re-introduce the National Judicial Appointments Commission that was struck down by the Supreme Court.
‘Never too late to reflect’: Jagdeep Dhankar
Dhankar, while sharing the dais with Chief Justice of India D Y Chandrachud at the 8th Dr L M Singhvi Memorial Lecture in New Delhi on December 2, had said that it was “never too late to reflect”, in an oblique reference to the Supreme Court’s 2015 judgement striking down the National Judicial Appointments Commission Act, 2014, which sought to overturn the Collegium system.
The Constitution (99th Amendment) Act, which established the NJAC and the NJAC Act, were passed by the Parliament in 2014 to set up a commission for appointing judges, replacing the Collegium system. In October 2015, the SC struck them down.
When asked about his views on the statements, Sibal refused to speculate on whether the Vice President’s comment implied that the government is preparing for an NJAC in another avatar, but did admit he found the Law minister’s remarks disturbing.
“The statements made by the Law Minister are disturbing, because they relate to the way the court should function, which I think is entirely inappropriate. He suggested that judges have too many vacations. That too is inappropriate,” the former Union minister said, adding that any minister who comments on the way the court functions “insensitive” and has no idea on what judges have to go through while discharging their constitutional responsibilities.
“Article 21 is a fundamental right,” Sibal further said countering the Law minister’s statement that the SC should not entertain frivolous PILs and bail pleas. “So if a matter comes to court which impacts the fundamental rights of a citizen…. The Law Minister, who has taken an oath on the Constitution, should not be talking about the court not hearing bail matters, because they impact liberty and freedom of citizens.”
The Law minister’s remarks have been met with reactions from the higher judiciary, with Chief Justice of India DY Chandrachud expressing that any “criticism towards the Collegium system should be seen in “positive light”. He further said that any change should be gradual in nature “so as to promote certainty and better outcomes for everybody.”
Sibal further said that the government is targeting the higher judiciary now since it is the last standing citadel of freedom. “…The last citadel of freedom is sought to be captured. They have captured everything else. This is the only one left.”