Collegium System: Kiren Rijiju again opened a front against the collegium system, what is the whole controversy? – न्यूज़लीड India

Collegium System: Kiren Rijiju again opened a front against the collegium system, what is the whole controversy?


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Published: Sunday, November 6, 2022, 13:38 [IST]

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Law and Justice Minister of India on 4th November Kiren Rijiju reacted sharply to the judiciary at a conclave organized by a news channel. Speaking at an event held in Mumbai, he said that the judiciary should not encroach on its boundaries by entering the jurisdiction of the executive and the task of running the country should be left to the elected representatives.

collegium system Kiren Rijiju know the whole controversy

Kiren Rijiju also said in the same program that the existing collegium system of the Supreme Court to elect judges is opaque. The one who is most deserving should be made the judge, not someone who is known to the collegium. There is a lot of politics in the judiciary too, however, the judges do not allow this to be revealed.
Earlier, while commenting on the judiciary at the Sabarmati Dialogue program in Ahmedabad on October 17, Kiren Rijiju had said that “the dictatorship of some 40 to 45 judges runs in the Supreme Court, just because they speak good English. Judges Its main function is to deliver justice and not to choose a judge.” He had even said while taunting that half the time of judges is spent in choosing new judges.

What is Collegium System?

The collegium system is the system of appointment and transfer of judges. This arrangement was neither decided in the Constituent Assembly of India nor proposed by the Indian Parliament. There is no mention of collegium system in the constitution also. Actually, this system has been developed by the Supreme Court itself at its convenience.

This system was adopted by the Supreme Court in the year 1993. According to this, the collegium is a group consisting of the Chief Justice of India and the 4 senior-most judges of the Supreme Court. The collegium group together decides the appointments and transfers of judges in the Supreme Court and High Courts. The collegium also decides which judges of the High Courts will get promoted to the Supreme Court. The recommendations of the collegium are sent to the Prime Minister and the President and appointments are made only after getting their approval.

The Supreme Court remains adamant about changing this collegium system or adopting another system in its place. In the year 1998, the then President KR Narayanan had also raised questions on this arrangement, but the Supreme Court decided the case of three judges – The Third Judges Case of 1998 I justified this arrangement.

In 2013, when an NGO filed a petition against the collegium system, the Supreme Court refused to consider it. In the same year, the then Chief Justice P Sathasivam had also reacted strongly to tampering with the collegium system. He had said that there is no need to change the collegium system. However, he had also said that the judiciary would welcome any good suggestions or steps to improve the present system of appointments.

Why Kiren Rijiju against Collegium?

In the year 2014, when the BJP came to power after winning the elections, the central government constituted a commission named National Judicial Appointments Commission (NJAC). The government also got the approval of this commission from the Parliament. The NJAC Act was passed by the Lok Sabha on 13 August 2014 and the Rajya Sabha the next day. The then President Pranab Mukherjee also gave his assent to the NJAC Act and gave it a constitutional status.
The biggest objective of the NJAC Act was to abolish the collegium system. 16 states in India showed interest in this commission and gave their approval. In this, a proposal was made to include six members for the appointment and transfer of judges of the High Courts. In this, along with making the Chief Justice of the country the head, two senior judges of the Supreme Court, Law Minister and 2 eminent personalities from different fields were to be included as members.

According to the National Judicial Appointment Commission, the power to recruit, appoint and transfer judicial officers, legal officers and legal servants in India and in any state will rest with the Government of India and the State Governments.

The NJAC Act came into force on 13 April 2015. However, on 16 October 2015, a five-judge bench of the Supreme Court struck down the act as unconstitutional and stopped it from working.

Author Introduction: Manshul Rathodiya is a young journalist and writer.

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collegium system Kiren Rijiju know the whole controversy

Story first published: Sunday, November 6, 2022, 13:38 [IST]

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