Law Minister Kiren Rijiju on Monday claimed that his letter to Chief Justice of India DY Chandrachud seeking Government representation in Collegium was a “precise follow-up action” suggested by the apex court while striking down the NJAC Act.
But his clarification did little to assuage outraged Opposition leaders who claimed that Rijiju letter to the Chief Justice was part of the Modi Government’s attempt to “intimidate” the judiciary.
“The VP’s assaults. The Law Minister’s attacks. All this is orchestrated confrontation with the judiciary to intimidate and thereafter capture it totally. The collegium needs reform. But what this Government wants is complete subservience. Its remedy is a poison pill for the judiciary,” said Congress general secretary Jairam Ramesh in a series of Tweets.
Delhi Chief Minister Arvind Kejriwal dubbed the Government’s move as “extremely dangerous”. “There should be absolutely no Government interference in judicial appointments,” Kejriwal said on Twitter.
On his part, the Law Minister said the move is in line with the direction of the Constitution Bench to restructure the MoP (Memorandum of Procedure) of the Collegium system.
“I hope you honour Court’s direction! This is a precise follow-up action of the direction of the Supreme Court Constitution Bench while striking down the National Judicial Appointment Commission Act. The SC Constitution Bench had directed to restructure the MoP (Memorandum of Procedure) of the Collegium system,” the Minister said on Twitter.
“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. The Constitution of India is supreme and nobody is above it,” Rijiju said.
He said the Government’s demand for the inclusion of its representatives and that of States in the collegiums of the Supreme Court and high courts was the “precise follow-up action” suggested by the apex court while striking down the NJAC Act.
Former Law Minister and noted lawyer Kapil Sibal said that the Government has not adjusted to the fact that it does not have the final word on appointments in higher judiciary and resents it. “They are trying their best to create a situation in which the National Judicial Appointments Commission in yet another avatar may be tested in the Supreme Court once again,” said Sibal.
“This is absolutely shocking. This is going to grossly undermine the very idea of independence of the judiciary and shall unsettle the fine balance as envisaged through the constitution. Is the government unable to resist the temptation of having a ‘committed Judiciary’,” said RJD leader and Rajya Sabha MP Manoj Jha.
“The collegium system came into existence as a consequence of the Second and Third Judges case in 1993 & 1998 respectively. The Government tried to nullify it by bringing the NJAC paradigm which was struck down by the Supreme Court. Even if the Supreme Court would want to accommodate the Central Government’s desire, how would they do so as the Memorandum of Procedure does not have space for such accommodation. Then the moot question is why only a representative of the Government alone?” said Congress MP Manish Tewari.