Demand For Centre's Nominee In Collegium Is In Conformity With Constitution Bench's Decision- Kiren Rijiju

Union Law Minister, Kiren Rijiju has responded to criticism of the centre's letter to the Chief Justice of India to include the Central Government’s representatives in the Supreme Court Collegium and the concerned State Government’s representative in the High Court Collegium.

The Law Minister while replying to a tweet of Delhi Chief Minister, Arvind Kejriwal has tweeted, “I hope you honour Court's direction! This is precise follow-up action of the direction of Supreme Court Constitution Bench while striking down the National Judicial Appointment Commission Act. The SC Constitution Bench had directed to restructure the MoP of the collegium system.”

The Delhi CM had yesterday criticised the move of the Centre by tweeting that such a step is "extremely dangerous" and that there should be absolutely no government interference in judicial appointments.

"The contents in the letter to hon'ble CJI are exactly in conformity with the observations and directions of the Supreme Court Constitution Bench. Convenient politics is not advisable, especially in the name of Judiciary. Constitution of India is supreme and nobody is above it", the Law Minister said in his tweet. 

The Minister also tweeted, “How can a govt's nominee be part of the collegium? Some people make comment without knowing the facts! The Constitution Bench of hon'ble SC itself had asked to restructure the MoP. Search-cum-Evaluation committee is envisaged for preparation of panel of eligible candidates.”

Rajya Sabha MP, Dr. Subramanian Swamy had criticised the move by the Centre saying, "I recommend that our PM read Article 217 of the Constitution (Sankritised Hindi version also available), since it makes clear that Union Government thru President can only decide on High Court judges. For SC judges it is the prerogative of the CJI and his constituted committee". 

Last month, the Law Minister had informed the Rajya Sabha that the Center has sent suggestions for supplementing the Memorandum of Procedure (MoP) for the appointment of Judges to the High Courts and Supreme Court.

He had also told the Parliament that representations have been received regarding the lack of transparency and diversity in the appointment of judges with a request to improve the system of appointment of judges.