Centre vs collegium: Law Minister Kiren Rijiju says govt has very limited role in judges appointment

Opposition leaders lashed out at Kiren Rijiju's statement and questioned if he even knows the meaning of the word "liberty."

New Delhi, Dec 15: Amid the ongoing cold war between the judiciary and the executive, Union Law Minister Kiren Rijiju on Thursday raised concerns over the government's "limited role" in appointing judges and stressed that it is at odds with the spirit of the Constitution.

The union minister said the apex court should not be hearing bail pleas and frivolous PILs at a time when the pendency of cases is so high.

Replying to questions in the Upper House of Parliament, the law minister said the Centre has limited powers over appointments of judges.

Rijiju said the total number of cases pending in various courts is about to touch five crore. He observed that the impact of such a huge pendency of court cases on the public is obvious.

The minister pointed out that the Centre has taken various measures to reduce the pendency of cases.

"Currently, the government has limited powers to fill the vacancies (in courts)," he said and added that the Centre cannot look for names other than those recommended by the collegium.

Rijiju also told the House that requests, both verbally and in writing, have been made to the chief justices of the Supreme Court as well as high courts to send names at the earliest for filling up the vacancies of judges.

"We are giving our full support to reduce pendency of cases. But questions will keep arising on vacancy of judges and appointments till we create a new system for appointments," he added.

Opposition leaders lashed out at Kiren Rijiju's statement and questioned if he even knows the meaning of the word "liberty."

Rijiju alleged said :
Supreme Court must not take up bail pleas ….

Does he even know the meaning of liberty ?

— Kapil Sibal (@KapilSibal) December 15, 2022

Obviously Law Minister @KirenRijiju had other pressing preoccupations in Law School other than Law.
He perhaps has never read Justice Krishna Aiyer’s seminal treatise-bail not jail is the rule
How else can a law Minister say SC should not hear bail pleas https://t.co/XCmYbQTWSO

— Manish Tewari (@ManishTewari) December 15, 2022

"I have made certain remarks in a good gesture to the Supreme Court of India that you take up those cases which are relevant. If Supreme Court starts hearing bail applications or frivolous PILs, it will cause lots of extra burden," Rijiju said.

Forget NJAC, Govt wants to micromanage judiciary: cut vacations, no priority to bail, et al. What next?

— Salman Khurshid (@salman7khurshid) December 15, 2022

As on December 5, in the Supreme Court against the sanctioned strength of 34 judges, 27 are working, leaving seven vacancies.