Union Law Minister explains how Supreme Court hijacked Constitution

The Centre and Supreme Court have been at loggerheads over the appointment of Judges to the higher judiciary. The SC has reminded the Centre about the appointment of two new judges and said that its proposals cannot be repeatedly sent back

New Delhi, Jan 23: Union Law Minister, Kiren Rijiju has backed the views of a retired judge that the Supreme Court had hijacked the Constitution by deciding to appoint judges by itself.

The Centre and the Supreme Court have been at loggerheads over the appointment of judges to the top court. The Union Minister shared a video clip of former judge of the Delhi High Court, Justice R S Sodhi saying that this is the voice of a judge and that the majority of the people had similar sane views.

Justice Sodhi had said that the right to frame laws lies with the Parliament. The law minister said that actually majority of the people have similar sane views. It is only those people who disregard the provisions of the Constitution and the mandate of the people think that they are above the Constitution, he said.

The real beauty of the Indian Democracy is its success. People rule themselves through their representatives. Elected representatives represent the interests of the people and make laws. Our judiciary is independent and our Constitution is supreme, the minister also said.

In the interview, Justice Sodhi is heard saying that the Supreme Court cannot frame laws as it does not have the right to do so.

In the video Justice Sodhi says that whether you can amend the Constitution? Only the Parliament will amend the Constitution, but here I feel that the Supreme Court for the first time hijacked the Constitution. After hijacking, they said that they will appointment judges themselves and the government shall have no role in it.

Recently Vice President Jagdeep Dhankar questioned the Supreme Court for striking down the National Judicial Appointment Commission Act and related Constitutional amendment.

Dhankar said that a law passed by Parliament which reflects the will of the people was undone by the Supreme Court. The world does not know of such instance, he also said.

The government had through the NJAC had sought to overturn the Collegium system which came into existence in 1992. The Supreme Court had recently questioned the government over delayed in clearing appointments of Supreme Court and High Court judges.

The SC had last week had reminded the Centre about the appointment of two judges to the Calcutta High Court. The court had said that it was not appropriate for the Centre to send back the proposal repeatedly.