“If the government is sitting on the files, then don’t send the files,” he told the Times Now summit. The minister was responding to allegations that the government was rejecting recommendations made by the collegium.
“In a democracy no one can disrespect the judiciary, but where do you get your authority from: you are empowered by the people of India, you get your powers from Constitution of India,” He added.
“Everything that is foreign to the Constitution is bound to raise questions” Rijiju said referring to the collegiate system born from a sentence of the Supreme Courtwhich was approved by a nine-judge constitutional panel in 1993.
Engaging in a discussion on the matter at the Times Now summit, the minister stressed that it was this ruling that altered the established constitutional mechanism whereby the government appointed apical court judges and HCs in “consultation” with the higher judiciary .
“What is the difference between consultation and competition?” Rijiju asked referring to the Board’s decision that he created the collegium system through a court order in which the government merely does due diligence on files recommended by the judiciary.
He referred to the constitutional provision under which the president will appoint judges in consultation with the judiciary. “But if you expect the government to accept the names recommended by the collegium, what is the role of the government?” he asked her.
On the dispute over the transfer of judges, the minister said that if a judge is transferred to any court and there is a protest from a section of lawyers, threatening to close the court, and you relent, he will encourage that behavior and interfere with the established system, undermining authority.
“There will be a protest for another judge and the lawyers will threaten to shut down the courthouse,” he said. The minister said he was protective of the college on this issue so that such problems do not arise in the future.
