Former Supreme Court judge Rohinton Fali Nariman criticized Union Law Minister Kiren Rijiju's recent remarks against the collegium system for appointment of judges. Justice Nariman said on Friday that if the last bastion of an independent judiciary falls, the country will plunge into darkness. He also said that withholding the names recommended by the collegium was deadly against democracy.

The tussle between the government and the collegium continues over the appointment of judges. The central government wants representation in the collegium system of appointing judges. Union Law Minister Kiren Rijiju said that the government does not have to blindly approve the names sent by the Collegium.

The remarks came amid a standoff between the government and the judiciary over the appointment of judges. Rijiju has time and again questioned the collegium system. Vice President Jagdeep Dhankhar also raised the principle of basic structure over the powers of the legislature as compared to the judiciary and called the usurpation of the NJAC Act a serious compromise on parliamentary sovereignty.

Speaking at an event organized by the Department of Law, Mumbai University on Friday, Justice Nariman said, “We have heard the Law Minister criticizing the process of appointment of judges. I want to tell the Law Minister that there are two very basic constitutional basics that you must know."

He further said, “A fundamental thing is that at least five unelected judges have faith in the Constitution and once those five or more have interpreted that original document, it is your bounden duty under Article 144 to Follow him." Justice Nariman said, "As a citizen I can criticize, no problem but never forget that you are an authority and as an authority you are bound to decide what is right or wrong."

Justice Nariman suggested that the Supreme Court should set up a constitution bench to tie up all the loose ends in the judges' appointment process and call it the 'Fifth Judges Case'. He said that once the collegium recommends the name of a judge, the government should respond within a stipulated time of 30 days. The former judge said that such withholding of names is very dangerous against democracy in this country.