Representations Received Regarding Lack Of Transparency, Diversity In Appointment Of Judges: Law Minister In Rajya Sabha

Law Minister Kiren Rijiju said today in the Rajya Sabha that representations have been received regarding the lack of transparency and diversity in the appointment of judges with request to improve the system of appointment of judges.

Replying to a question regarding the new system of appointment of judges and whether the Central Government is satisfied with the present system of the appointment of judges of the High Courts and Supreme Court, the Minister said –

"In order to make the Collegium system of appointments of Judges of the Supreme Court and High Courts more broad-based, transparent, accountable and bringing objectivity in the system, the Government brought into force the Constitution (Ninety-Ninth Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014 w.e.f. 13.04.2015. However, both the Acts were challenged in the Supreme Court. The Supreme Court vide Judgment dated 16.10.2015 declared both the Acts as unconstitutional and void. The Collegium system as existing prior to the enforcement of the Constitution (Ninety-Ninth Amendment) Act, 2014 was declared to be operative. Representations from diverse on lack of transparency and social diversity in appointment of judges to the Constitutional Courts are received with the request to improve the system of appointment of judges."

The Minister has informed the Parliament that the disposal of pending cases in courts is within the domain of the judiciary and that the government has no direct role in the disposal of cases in courts, while answering a question asked by MP Rajeev Shukla.

"The Central Government has no role in fixing the minimum number of compulsory working days for courts. However, the Government is fully committed to the independence of judiciary and constantly endeavours to provide a conducive environment for judges to discharge their judicial functions smoothly", the Minister said in his answer.

The Minister had informed the Rajya Sabha that according to the available information, all High Courts in the country normally have on an average 210 working days in a year.

"As per the information provided by the Supreme Court of India, during the last three years, the average number of court working days of Supreme Court was 224 (2019), 217 (2020) and 202 (2021)", the Minister stated in his answer.