On Judges’ Appointments, Supreme Court’s Tough Talk For Government
New Delhi:
Just nearly ten days after sternly warning the Center of delays in judicial appointments, the Supreme Court today sued the government over its weekly attacks on the Collegium system. to higher judicial authorities.
The Supreme Court said the Collegium system was “the law of the country” that should be “observed to the teeth”, adding that it was only because certain sections of society expressed their views against the Collegium system. , it will not cease to be the law of the land.
“The comments about the Collegium Supreme Court by government officials are not well received, you have to advise them,” the high court told Attorney General R Venkataramani today, adding that any any law declared by the Supreme Court is binding on all parties concerned.
“Parliament has the power to make laws, but that scrutiny rests with the courts. It’s important that the laws laid out by this court are followed, or else the people will follow the laws they think they’re supposed to. true,” the Supreme Court added.
Noting that the Attorney General will discuss the case with the government, the Supreme Court adjourned the case due to a delay in appointing judges to the higher judicial body next week.
The Supreme Court on November 28 questioned the government’s delay in judicial appointments, saying it was “above the Rubicon”. The court warned: “Until the law is valid, it must be followed… Don’t force us to make a judicial decision on this matter.”
The Court also agreed with Law Minister Kiren Rijiju’s recent comment that the Collegium system was “foreign” to the Constitution. “When someone in a high position says… it shouldn’t have happened,” the Supreme Court said.
At the recent Times Now Summit, Mr. Rijiju, who also expressed reservations about the previous method of appointing judges, said the top court created the panel and, before 1991, judges. appointed by the government.
The Supreme Court has said that the Center cannot withhold the name without mentioning its reservations. “Once the Collegium repeats a name, that’s the end of the chapter… It (the government) is overtaking the Rubicon by keeping names pending like this,” the court said.
The judges – Judges Sanjay Kishan Kaul, Abhay S Oka and Vikram Nath – also questioned whether the National Judicial Appointment Committee’s failure to approve the assembly was the reason for the government’s displeasure. Justice Kaul is part of the Collegium and is the second most senior judge in the highest court.