Collegium system is different from the Constitution: Rijiju | india news

New Delhi: Law Minister kiran rijiju The appointment system was attacked again on Friday. Supreme court and High Court judges, saying the collegium system is “alien” Constitution,
The Supreme Court, in its discretion, through a court decision, created the collegium, he said, adding that prior to 1991 all judges were appointed by the government.
Speaking at the Times Now Summit here, the minister said the Constitution of India is a “religious document” for everyone, especially the government.
“Anything which is different from the Constitution only because of the decision taken by the courts or some judges, how can you expect that the decision will be supported by the country,” he said.
Rijiju said that the collegium system is different from our constitution. “You tell me under which provision the collegium system has been prescribed,” he said.
He clarified that once the Supreme Court or High Court collegium sends the recommendation, the government has to do due diligence.
Rijiju was replying to a question about the government “sitting” on various recommendations of the Supreme Court Collegium, at a time when cases in courts are increasing.
But at the same time, the minister said in 1991 the then government and the current regime “have a lot of respect for the collegium system until it is replaced by a better system”.
He said that he would not get into the debate as to what this system should be like. “It requires a better platform or better conditions.”
almost unanimously, Parliament had passed National Judicial Appointments Commission (NJAC) Act to abolish the collegium system. But the Supreme Court canceled this law.
Rijiju said that as long as the collegium system is there, they should respect the system. “But if you are expected to sign (on) to be appointed as a judge just because it is recommended by the collegium, then what is the role of the government? What is the meaning of the term due diligence,” he argued. .
He said the collegium system has flaws and “people are raising voices” that the system is not transparent. “Besides you have no accountability,” he said.
He said that no one should say that the government is sitting on files.
Then don’t send the files to the government. You appoint yourself and you run the show…the system doesn’t work. The executive and the judiciary have to work together.
Before setting aside the collegium system from the constitution, Rijiju Said that not every judge is right. He said, “But every decision is right and correct because it is a judicial decision. In a democratic process no one can disrespect the judiciary and no one can disobey the court’s order.”

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