[Appointment Of Judges] Can't Close Eyes And Accept Recommendations Made By Collegium: Union Law Minister Kiren Rijiju

The Union Law and Justice Minister Law Minister Kiren Rijiju today told the Lok Sabha that the Union Government can't close its eyes and blindly accept the recommendations made by the Supreme Court collegium for appointments to the High Court and Supreme Court.Essentially, the Union Law Minister was answering a question raised by an MP as to why the Centre doesn't approve of certain names suggested by the Collegium. Responding to the query, he said that if the Union Government feels that certain candidates are not deserving and he/she ought not to be appointed as a Judge, then such names are not approved.Clarifying that the Government doesn't delay the appointment of Judges, Union Law Minister assured the Lok Sabha regarding the government's 'clear conscience' as he stressed that there is always a valid reason behind not approving certain names recommended by the Collegium. He further said that government has access to machinery at hand (while the collegium doesn't have an access to the same) and that the Government scrutinizes and runs a background check of the names before approving them.It may be noted that in the year 2015, a Constitution Bench of the Supreme Court had struck down the ninety-ninth Constitution amendment which introduced the National Judicial Appointments Commission to replace the collegium system for the appointment of judges.By 4:1 majority, the Apex Court had ruled that supremacy of the judiciary in the matter of judges appointment is necessary to preserve judicial independence."Government doesn't delay appointment of Judges (in SC & HC), we have a clear conscience. When names come to us, and we feel that such a person ought not to be appointed as a Judge, then we (Centre) can't put our sign on such names with closed eyes" : Law Minister @KirenRijiju pic.twitter.com/dmd5oHvo2o— Live Law (@LiveLawIndia) July 26, 2022 Regarding the pendency of the case, the Union Law Minister said that the number of pendency of cases in India is slowly moving toward the 5 crore mark and that this is an issue of concern. However, he added that he doesn't support the criticism and attack directed toward the Government, Law Ministry, and the Courts, by the people on social media, and on TV blaming them for the pendency of cases."Judges work a lot. They should not be attacked with bad words. It is not the case, that cases are not being settled but understand that double the number of cases are being filed every day. From minor to major issues, all matters are reaching Courts" Law Minister Kiren Rijiju said."Sometimes judges settle 200-300 cases per day," Union Law and Justice Minister Law Minister heaped praise on Justice SS Shinde (then a Judge of Bombay High Court) led bench who sat from 10.30 am to 8 pm on June 10, 2022 and heard over 190 cases.Union Law Minister Rijiju also told the Lok Sabha said the Government's view on Uniform Civil Code (UCC) was clear and it was reflective of the sentiments of the people of the Country.Recently, he had said in the LokSabha that the government doesn't have any plan to implement a uniform civil code (UCC) in the country as of now citing writ petitions pending in the Supreme Court on the matter.It may be noted that today, the Lok Sabha passed The Family Courts (Amendment) Bill, 2022. The Bill seeks to extend statutory cover to already functioning Family courts in Himachal Pradesh & Nagaland; & retrospectively validates all actions taken by the Govts & the Family Courts of these states.

[Appointment Of Judges] Can't Close Eyes And Accept Recommendations Made By Collegium: Union Law Minister Kiren Rijiju

Sparsh Upadhyay

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