: Collegium: Will Judiciary Act to Safeguard Its Independent Identity? #WorldNEWSAll Govt is far more-opaque than the collegium. Why is that some persons appointment has been cleared in two days and
Collegium: Will Judiciary Act to Safeguard Its Independent Identity? #WorldNEWSAll
Govt is far more-opaque than the collegium. Why is that some persons appointment has been cleared in two days and somebody not cleared for two years? Thats opacity.
In order to assert political upmanship over judiciary and to gain supremacy over constitution, the constitutional authorities like the Vice President of India, Lok Sabha speaker and the law minister are trying to corner the Supreme Court to degrade its constitutional rights by claiming high moral ground on supremacy of Parliament over Constitution.
Recently, Union Law Minister Kiren Rijiju in a letter to Chief Justice of India, D. Y. Chandrachud has raised the issue of government representatives in the Collegium of judges that decides on judicial appointments.
The Vice President and Speaker of the Lok Sabha have both accused the SC of frequently invading the legislative branchs purview, and Kiren Rijiju, the law minister, has added his complaint to the list of constitutional authorities who have already criticised the SC.
The four senior-most judges of the Supreme Court make up the Collegium, which is presided over by the Chief Justice of India. The Chief Justice of the High Court and the four other senior-most judges of that court make up the collegium.
Only after receiving the CJI and Supreme Court collegiums approval do names suggested for appointment by a High Court collegium reach the government. The recommendation may be returned by the government for Collegium deliberation. The government is required to pick the appropriate individual if the collegium reiterates its recommendation.
Justice Madan Lokur (Retd. )
On the ongoing tussle between Judiciary and the government on collegium, former Supreme Court Judge Justice Madan Lokur in an interview with Rajdeep Sardesai (India Today), said Govt is far more-opaque than the collegium. We dont know any reason why somebody has to wait 3 years or 4 years. Everybody is just speculating. Why is that some persons appointment has been cleared in two days and somebody not cleared for two years? Thats opacity.
In another interview with Karan Thapar for The Wire, the former Supreme Court Judge Justice Madan Lokur said that the Law Minister’s suggestions on having representatives from the Center in Collegium are “unacceptable” and they would, if implemented, “damage and undermine the independence of the judiciary”. According to him the government is trying to have a committed judiciary rather than an independent judiciary.
Also Read: ANY GAY JUDGES IN THE INDIAN JUDICIARY?
On the ongoing debate over collegium and on the question of any changes required in collegium system, Sanjay Parikh, Senior Advocate, Supreme Court said, “The attack on collegium system by the Vice President and the Law Minister does not augur well for a healthy democracy.
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