Collegium: Supreme Court objects to Law Minister Kiren Rijiju's remarks on television

The Supreme Court on Monday expressed reservations about the remarks made by Union Law Minister Kiren Rijiju about the Collegium system of appointing judges and also about the government not clearing Collegium recommendations..A bench of Justices Sanjay Kishan Kaul and AS Oka also cautioned the government against passing judicial orders to ensure that recommendations made by the Collegium are cleared."Mr. Attorney General, I have ignored all press reports, but this has come from somebody high enough also with an interview... I am not saying anything else. If we have to, we will take a decision," said Justice Kaul to Attorney General R Venkataramani who was representing the Central government. "Please resolve this and don't make us take a judicial decision in this regard," the bench added. Though the bench did not name anyone, it was evidently referring to the interview given by Law Minister Rijiu at the Times Now Summit. In the interview, Rijiju had said that the Central government cannot be accused of 'sitting over recommendations' made by the Collegium and the judges' body cannot expect the government to simply sign off on all the recommendations made by it.The law minister had further stated that the government will respect the Collegium system till it is replaced by a better system but until then, the government will do its due diligence before acting on Collegium recommendations.The Supreme Court on Monday underlined that while the government can convey its objections to the recommendations made by Collegium, it cannot simply hold back names without conveying any reservations."You cannot hold the names back without stating your reservations. I did not comment on the High Court names since 4 months had not elapsed, but these names are pending since 1.5 years. You are frustrating then method of appointment, we only issued notice to find out problem," the bench said..The Court was hearing a plea filed by the Advocates Association, Bengaluru stating that the Centre's failure to process the names recommended for appointment was in direct contravention of the Second Judges case."Timelines have been laid out, have to be adhered to. So many recommendations pending. Good people must join the bench and timeline has to be adhered to unless there is an exception. Most of the names recommended have crossed 4 month limit. No information to us," the bench said today.It also lamented how such delays were affecting seniority of judges."Once the names have been reiterated. It is crossing rubicons by keeping names like this. What happens is you completely disturb the seniority, Collegium considers all this," the Court remarked..It eventually adjourned the matter for hearing on December 8 after the Attorney General and Solicitor General assured the Court that they will look into the matter..[Read live coverage of hearing below].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.