Judges are not elected, so can't be replaced but people are watching them: Rijiju 

The minister's remarks at a Republic Day function organised at the Tis Hazari courts complex here came amid a tug of war between the judiciary and the executive.
Union Law Minister Kiren Rijiju. (Photo | PTI)
Union Law Minister Kiren Rijiju. (Photo | PTI)

NEW DELHI: Amidst the friction between the executive and judiciary, Union Law Minister Kiren Rijiju in yet another attack on Monday said that although judges don’t face public scrutiny and don’t have to face elections like politicians but people are watching them and forming opinions on the basis of their work. 

Speaking at the function organised by Delhi Bar Association, the Law Minister said, “Judges don’t have to face elections. They are also not subjected to public scrutiny. Although the public cant elect judges but the public is watching the judges. The judgement, the way they work and the manner in which they dispense justice, people are looking and they are also forming an opinion. In the age of social media, nothing can be hidden.”

He also said although the centre pursuant to CJI’s request for imposition of restrictions on social media against adverse comments on judges is considering to undertake stern steps but he further asked as to what can be done if the criticism is on “mass scale.”

“CJI told me that there should be some restrictions on social media. CJI asked us to take some stern steps against people who are commenting on judges. I have taken his suggestion and we are considering it. But when people are criticizing at a "mass-scale" what can we do? Judges these days are also very careful. If they give some adverse judgments which are ” Rijiju further added. 

Clarifying govt’s stand that by the letter dated January 6, 2023, centre did not want its nominee in the collegium but only a precise follow up of SCs judgement on NJAC, Rijiju said, “I wrote a letter to CJI on 6th Jan, which is my duty, there was no need to publicly announce what’s written. It’s a part of procedure. Nobody knew about this for 2/3 days but someone got to know and the headline was that Law Minister has written a letter to CJI for govt representatives in collegium. There was no head and tail to this. I wasn’t even aware about it. It is such a sensitive matter. Collegium consist of 5 judges, how can i add someone else in the collegium. There should be a way.” 

Rijiju further said that Centre respects the judiciary as its independence is "absolutely necessary" for a thriving democracy. “If the dignity of judiciary is lowered, then it cant be protected,” he said. 

Speaking at the event, Law Minister in an attempt to brush aside the public perception of tussle between the two also said that some people present that there is Mahabharata going on between the two which is not true. 

“You’ll see sometimes there is difference of opinion between judiciary & the Govt and some people say that are there is Mahabharata going on between the two, but thats not true. We constantly keep meeting each other. CJI and I are in live contact and we have discussions on all small and big issues. Differences are always there. I come from political party which has always said ‘Matbhed ho sakte hai, man bhed nahi hona chahiye’,” the Law Minister also said. He also added that the govt ever since PM Modi taking oath has not taken a single step which is against the Constitution or of loss to the judiciary. “I feel some people have fun in making others fight. We don’t wish to fight, its better to talk,” he also said. 

Notably, the Law Minister yesterday had shared an interview clip of a retired Delhi HC judge who had said that SC had hijacked the Constitution by deciding to appoint its own judges. Taking to Twitter, the Law Minister had said, “Actually majority of people have similar sane views.” 

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