Amid the ongoing tussle between the Government and the Judiciary, Union Law Minister Kiren Rijiju on Monday once again took on the judges. The Law Minister said since the judges are not elected, they do not face public scrutiny, but in the age of social media people watch them all the time and make assessments about them from the way they deliver justice.
He also said that his latest letter to the Chief Justice of India (CJI) on representation of the Government in the Collegium was misreported by the media.
“...As people don’t elect you, they cannot replace you. But people are watching you — your judgments, the way you deliver a verdict — people are watching and make assessments and form opinions,” he said, adding that nothing is hidden in the era of social media.
Speaking at a Delhi Bar Association function at the Tis Hazari Court complex, Rijiju said CJI Chandrachud once requested for initiating measures to control the attacks on the judiciary in social media and he (Rijiju) replied that it was not possible when people comment on a mass scale.
Talking about his letter to the CJI seeking Government representation in the Collegium, Rijiju said, “I wrote a letter to the CJI on January 6. It is my duty. There was no need to tell anyone, it is work. For two-three days, nobody knew. Out of nowhere someone learnt about it and it became a headline that the Government wants a representative in Collegiums.”
Pointing out that Collegium has five Judges including the CJI, Rijiju said how could he bring someone from somewhere and put them there. “ There has to be a way? On this lie, former judges and seniors gave a statement. I think people get pleasure by making others fight. We don’t want to fight ... what answer do I give on something which has no basis?,” said Rijiju.
The Law Minister also said that he and CJI regularly meet and discuss everything, but nothing happens and difference of opinion arises. “We meet regularly. There is a live contact between CJI Chandrachud and me. We discuss everything and there are differences. Hum log milte hai lekin opinion alag ho sakte hai kabhi kabhi,” said Rijiju. Rijiju said that the CJI had requested him to do something about the attacks on judges on the social media. He wanted to know how to control the insulting language against judges. The CJI said the judges cannot argue on a public forum as there are limitations, said the Law Minister.
“I have thought about what should be done. There is a provision of contempt. But when people comment on a mass scale, then what can be done. While we are facing public scrutiny and criticism on a daily basis, judges too are facing the same now,” he said.
Rijiju went on to say that judges, too, these days are careful, because if they deliver a verdict which will result in a “massive reaction” in society, then they, too, would be affected as they are also humans.
“If people elect us again, we will return to power. If they don’t, we’ll sit in Opposition and question the Government,” he said, adding that, on the other hand, if a person becomes a judge, he does not have to face elections.
"There is no public scrutiny of judges," said the Law Minister.
“Judges are appointed once and they don't have to face elections. Judges can't even be scrutinised by the public. Public can't change judges but it is looking at them, their judgements, their way of functioning and dispensing justice. Public is watching all and making assessments. Nothing is hidden in the age of social media," Rijiju said.