Include government representative in Supreme Court, High Court Collegiums: Law Minister Kiren Rijiju to CJI DY Chandrachud

Union Law Minister Kiren Rijiju has written to Chief Justice of India (CJI) DY Chandrachud suggesting that government representatives be included in the Supreme Court and High Court Collegiums, reported Times of India..It was reasoned that this will infuse transparency and accountability to the public in the courts' decision-making process with respect to appointment of judges..This letter comes as part of an ongoing tussle between the top court and the Central government with regard to the process of appointing judges to constitutional courts. .The Law Minister has maintained that he is not satisfied with the Collegium system of appointing judges, and has also advocated for the reintroduction of the National Judicial Appointments Commission (NJAC) that was rendered unconstitutional by the apex court in 2015.According to Rijiju, the role played by the government in choosing judges was vital, since judges themselves do not have access to reports and other information that the government did. He also opined that he would be failing in his responsibility if he did not carry out due diligence before approving names recommended by the Collegium. Rijiju has also said that the Centre cannot be accused of 'sitting over recommendations' made by the Collegium and that the judges' body cannot expect the government to simply sign off on all the recommendations made by it..On the other hand, the Supreme Court has expressed reservations about these remarks and also about the government not clearing Collegium recommendations.According to a Bench of Justices SK Kaul and Abhay S Oka, the government can convey its objections to the recommendations made by Collegium, but it cannot simply hold back names without conveying any reservations..The CJI stated in response to this controversy that no institution is hundred per cent perfect in a Constitutional democracy, and that the Collegium system which is followed for appointing judges cannot be singled out.In response to the recent criticism levelled against the Collegium, he said that judges are faithful soldiers who implement the Constitution..Read a detailed play-by-play of the conflict between the Law Minister and judiciary here.

Include government representative in Supreme Court, High Court Collegiums: Law Minister Kiren Rijiju to CJI DY Chandrachud

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