Collegium system alien to Constitution: Law Minister Kiren Rijiju
New Delhi, Nov 25: Law Minister Kiren Rijiju on Friday launched a fresh attack on the mechanism to appoint Supreme Court and high court judges, saying the collegium system is "alien" to the Constitution.
The Supreme Court in its wisdom, through a court ruling, created collegium, he said noting that before 1991 all judges were appointed by the government.
Speaking at the Times Now Summit here, the minister said the Constitution of India is a "religious document" for everyone, especially the government.
"Anything which is alien to the Constitution merely because of the decision taken by the courts or some judges, how do you expect that the decision will be backed by the country," he asked.
Rijiju said the collegium system is alien to our Constitution. "You tell me under which provision the collegium system has been prescribed," he asked.
He explained that once the Supreme Court or a high court collegium sends recommendation, the government has to do due diligence.
Rijiju was responding to a question on government "sitting" on various Supreme Court collegium recommendations at a time when cases are piling up in courts.
But at the same time, the minister said the government of the day in 1991 and the present regime "very well respect the collegium system until or unless it is replaced by a better system".
He said he will not get into the debate of what that system should be. "That requires a better platform or a better situation."
With near unanimity, Parliament had passed the National Judicial Appointments Commission (NJAC) Act to overturn the collegium system. But the law was struck down by the Supreme Court.
Rijiju said as long as the collegium system is prevailing, he has to respect the system. "But if you expect the should merely sign (on) the name to be appointed as a judge just because it is recommended by the collegium, what is the role of government then? What does the word due diligence mean," he argued.
He said there are loopholes in the collegium system and "people are raising voices" that the system is not transparent. "Also thee is no accountability," he added.
He said one should never say government is sitting on files.
Then don't send the files to the government. You appoint yourself and you run the show ... system does not function. The Executive and the Judiciary will have to work together.
Before describing the collegium system alien to Constitution, Rijiju said every judge is not right. "But every judgment is correct and right because it is a judicial pronouncement. In a democratic process, nobody can disrespect the judiciary and nobody can disobey a court order," he said.
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Modi inciting people, dividing society, alleges Kharge; Uddhav says 'acche din' coming after June 4
Mumbai (PTI): Congress president Mallikarjun Kharge on Saturday accused Prime Minister Narendra Modi of inciting people and dividing society through his election speeches.
Kharge was addressing a press conference of the INDIA bloc, where NCP (SP) chief Sharad Pawar, Shiv Sena (UBT) president Uddhav Thackeray and other leaders were present. The opposition alliance held an election rally in the city on Friday.
"No prime minister before Modi has ever indulged in inciting people like he has been doing. He speaks about democracy repeatedly but doesn’t adhere to the tenets of democracy," Kharge said.
Responding to a question on PM Modi' statement that the Congress will bulldoze the Ram mandir in Ayodhya and also restore Article 370 if the INDIA bloc is voted to power, Kharge said, "We have never used a bulldozer on anyone. Modi has the habit of lying and inciting people about things which Congress will never do or the things that are impossible to be implemented."
Asked about his party's stand on Article 370, Kharge said , "I am not answerable to Modi. We will implement what we have promised in our manifesto."
Attacking the PM further, he said, "Wherever he goes, he tries to create division, speaks of dividing society."
PM Modi had described the Congress' manifesto as Muslim League manifesto, but now he says it is a Maoist manifesto, Kharge added.
The Congress chief assured that reservation as enshrined in the Constitution will continue and nobody can touch it.
Speaking on the occasion, Thackeray said, "'Achche din' are coming from June 4 (when Lok Sabha poll results will be declared) when INDIA bloc-led government takes charge."
"PM Modi calls us 'nakli' (fake) Shiv Sena, tomorrow he may call RSS as 'nakli Sangh'," the former chief minister said.
The BJP is floating 'Pakistan flags in our rally' narrative to divert people's attention from issues like jobs, he alleged.
Pawar said that after coming to power, the INDIA bloc government's duty will be to protect all religious places in the country.
Kharge noted that if elected, the opposition alliance's government will implement a simple, single rate GST, replacing the present GST.
"We introduced Food Security Act, but PM Modi is taking credit for free ration supply," he alleged.
