'It Should Not Have Happened': SC Slams Kiren Rijiju's Comments On Collegium System

The Supreme Court expressed its disapproval of Union Law Minister Kiren Rijiju’s remarks on the collegium system of appointment of judges.

Law Minister Kiren Rijiju has repeatedly expressed his disapproval of the collegium system of judicial appointments (File photo)

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The Supreme Court of India on Monday took exception to Union Law Minister Kiren Rijiju’s remarks censuring the collegium system of appointment of judges. Justice SK Kaul said that he would usually ignore press reports on people’s opinions about the judiciary, but since the comments had come from someone high up as Rijiju, he couldn’t this time around.

Kiren Rijiju during a recent interaction on a television news channel appeared to defend the government and blame the judiciary instead for the delay in the passage of files. The Indian Express quoted the Union law minister as saying during the interview: “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 reportedly indicated that the country cannot be expected to accept just about any decision taken by the courts or judges if it’s alien to the Constitution.

According to Live Law, Justice Kaul, who was disturbed by the law minister’s statements, told Attorney General R Venkataramani, "Many people may have reservations about the law. But till it stands, it is the law of the land...I have ignored all press reports, but this has come from somebody high enough...it should not have happened."

"Normally, we don't take note of the statements made in the press. But the issue is, names are not being cleared. How does the system work? We have expressed our anguish," Justice Kaul said. He, along with Justice AS Oka, was hearing a 2021 contempt plea filed by Advocates Association Bengaluru against the Centre. The petition highlighted that the Centre had not approved 11 names sent by the Supreme Court collegium for elevation.

The judiciary in the country and the Centre have been at loggerheads for some time over the non-implementation of the National Judicial Appointments Commission. In another recent event by a media house, Kiren Rijiju called the collegium system “opaque”. He said that no other country has a system like India where appointments are made by the government but the recommendations come from a collegium of judges themselves.