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A DAY after he shared the video clip of a retired High Court choose saying that the Supreme Court had “hijacked” the Constitution, amid the present face-off over the appointment of judges, Union Law Minister Kiren Rijiju stated Monday that there was no “Mahabharat” between the Government and the judiciary — and there might be “debate and discussion” in a democracy.
Speaking at an occasion on the Tiz Hazari courts in Delhi, the Law Minister additionally stated that he has “live contact” with Chief Justice of India D Y Chandrachud. “From small to complex issues, we discuss everything,” he stated.
During his speech, Rijiju referred to a letter written by former CJI N V Ramana on criticism of judges on social media and stated judges are cautious whereas delivering verdicts that would draw a powerful public response.
However, he stated, not like politicians, a “judge does not have to face an election again”.
On Sunday, escalating the standoff over the appointment of judges to the upper judiciary, Rijiju had shared on Twitter an interview clip of former Delhi High Court Judge R S Sodhi saying that the “Supreme Court has, for the first time, hijacked the Constitution…it said we will appoint the judges and that the government will have no role in this”. The Law Minister tweeted {that a} “majority of the people have similar sane views”.
The tweets have been posted days after the Supreme Court Collegium headed by the CJI made public its causes for reiteration and the Government’s objections for the appointment of not less than three advocates as High Court judges.
Speaking on the Tiz Hazari occasion Monday, Rijiju referred to the letter from ex-CJI Ramana and stated, “Even judges are a bit careful these days. They won’t deliver judgments which could cause a strong reaction in the society. After all, a judge is also a human being and it (public opinion) affects him, too. There is a direct impact of (social media scrutiny) on judges.”
The former CJI, he stated, had sought a regulation to take care of criticism of judges on social media. Rijiju stated you can’t do something when a “vast number of people” have entry to social media.
Then, evaluating judges’ appointments to elections confronted by politicians, Rijiju stated, “A judge becomes a judge once, so he doesn’t have to face an election again. The public cannot scrutinise judges… That’s why I said that for judges, the public does not elect them so they cannot change them. But the people are watching you. Your judgments, the way judges function, the way in which you provide justice, the people are watching.”
Rijiju additionally stated there was no pressure between the manager and judiciary. “How is it a democracy if there is no debate and discussion? If there is a difference in the views of the Government and the judiciary, some people present it as if some Mahabharat is taking place but it is not like that,” he stated.
Referring to a separate letter he had despatched to CJI Chandrachud, “suggesting” the inclusion of a Government nominee within the technique of short-listing judges for appointment, Rijiju stated it was his “duty” to take action. “I wrote a letter, taking forward the issues in the 2015 five-judge bench,” he stated. In 2015, a five-judge Constitution bench had struck down as “unconstitutional” the Constitutional modification that launched the National Judicial Appointments Commission (NJAC) .
The Law Minister additionally stated {that a} strong, impartial judiciary is a should for strengthening a democracy. “The Modi Government has not taken a single step to undermine the judiciary. Our work is proof of the respect for the institution… Democracy cannot be a success if you weaken the authority or dignity of the judiciary,” Rijiju stated.
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