NEW DELHI: In iterating his views on the methodology of appointment of judges in the higher judiciary, Union Law Minister Kiren Rijiju said the collegium system has kept senior judges extremely busy in picking the next judges.
The minister’s remarks came in an interview with ‘News on AIR’ (All India Radio), on Thursday. “If judges are involved in identifying the next judges, which is an administrative job, it will definitely have an adverse impact on their duty as a judge. The collegium system has kept the senior judges extremely busy in picking the next judges.”
The Law Minister further said the Supreme Court in 1993 in the Second Judges case had undone the constitutional provision by creating the collegium system.
“The main problem with regard to the appointment of judges is lack of understanding, among the judiciary and other stakeholders, of the spirit of the Constitution...The Constitution is very clear that the President of India shall appoint judges in consultation with the Chief Justice...There could be some consultations with other stakeholders... In 1993, in the Second Judges case, the Supreme Court undid the Constitutional Provisions and created the Collegium System,” said Rijiju.
He also said Constitution was very clear that judges, except for “consultation,” should not be involved in the appointment process of judges. However, the judiciary now is fully involved in the process, he said. The minister said the government will abide by the collegium system as long as it is prevailing. He said that sometimes issues arise over the ‘memorandum of procedure.’
“If the SC either tries to change it or dilute it through a judgment, then it causes a problem for the government,” he said.