Lagatar24 Desk
New Delhi, Nov 28: The Supreme Court on Monday expressed reservation about the Law Minister’s television interview where he criticized the Collegium system for the appointment of judges.
During the hearing, Senior Advocate Vikas Singh, President of the Supreme Court Bar Association, brought to the attention of the bench the scathing comments made by the Law Minister that “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”.
“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,” expressing disapproval of the Minister’s comment, Justice Kaul told Attorney General for India R Venkataramani.
The Law Minister Kiren Rijiju’s remarks at the Times Now Summit were mentioned by the Judge. Rijiju claimed that the Supreme Court itself has approved the Collegium system and questioned how anything that is against the Constitution can be supported by the nation solely because of a ruling made by the courts or a few judges.
According to Justice Kaul, the administration appears to be angry over the NJAC system’s failure to be implemented. If that could constitute grounds for withholding the Collegium’s recommendations, the court questioned.
The Advocates Association Bengaluru filed a contempt petition in 2021 against the Centre for not approving 11 names that had been reaffirmed by the Supreme Court collegium. Justice AS Oka was also a member of the bench that was hearing the case.
“Normally, we don’t taken 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.
The judge stated that till the Collegium system is the law of the land, it must be followed. He thus directed the AG to convey the “sentiments of the bench” to the Govt and ensure that the Centre does not sit on recommendations.
“These are the names which are pending for one and half years. How can you not clear the names. It is crossing some rubicons by keeping the names pending like this. You are effectively frustrating the method of appointment Mr. Attorney. Timelines have to be adhered to. Many recommendations have crossed the 4 month limit. No information to us. We exercised restraint by not issuing contempt notice.“
The bench asked the Attorney General for India R Venkataramani and Solicitor General Tushar Mehta to ensure that the law of the land is followed. Attorney General R Venkataramani assured the bench that he will endeavour to resolve the matter. The case will be next heard on December 8.
