Kiran Rijuju on Collegium: Lack of transparency, objectivity and social diversity in the collegium system of appointment of judges to the Constitutional Courts

Kiran Rijuju on Collegium: Lack of transparency, objectivity and social diversity in the collegium system of appointment of judges to the Constitutional Courts

Kiren Rijiju, the Union Minister for Law and Justice, stated in the Rajya Sabha on Thursday that the Center has received complaints about the collegium method of nomination of judges to the Constitutional Courts' lack of openness, neutrality, and social diversity from a variety of sources.

"Representations from diverse sources on lack of transparency, objectivity and social diversity in the collegium system of appointment of judges to the Constitutional Courts are received from time to time with thlrequest to improve this system of appointment of judges", the Minister said in written responses given to queries raised by Rajya Sabha MPs Binoy Viswam and John Brittas.

The Minister added that the Government has made recommendations for enhancing the Memorandum of Procedure for the Appointment of Judges to the High Courts and Supreme Court.

It should be recalled that the Supreme Court just declared the MoP, which the Supreme Court Collegium had authorised back in 2017, to be binding. The Court said that while the Government may make suggestions for changes to the MoP, it cannot act as though the current MoP is not definitive and legally obligatory.

The Minister added that as of 16.12.2022, 154 proposals from High Courts were being processed by the Government and the Supreme Court Collegium at various stages.

In response to the CPI MP's inquiry about the causes of judicial appointment delays, the Minister stated: "Filling up of vacancies in the High Courts is a continuous, integrated and collaborative process between the Executive and the Judiciary. Transfer and appointments of Judges of the High Courts require consultation and approval from various constitutional authorities both at state and central level. While every effort is made to fill up the existing vacancies expeditiously, vacancies of Judges in High Courts do keep on arising on account of retirement, resignation or elevation of Judges and also due to increase in the strength of Judges".

The Law Minister has recently been outspoken in his criticism of the collegium system. The Supreme Court took issue with some of his remarks and urged the Attorney General to tell government officials to use caution.

 

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