Collegium system for appointment of judges will continue: Union Law Minister

In the absence of alternative mechanisms or legislations brought in by Parliament for a new system, the Collegium system will continue but needs updation and restructuring, Kiren Rijiju said; the Minister also emphasised the need for cooperation amongst executive, judiciary and legislature

Dismissing reports of differences with the judiciary on the process of appointment of judges in the Supreme Court and in High Courts, Union Minister of Law and Justice Kiren Rijiju on Thursday said the Collegium system will prevail, in the absence of alternative mechanisms and legislations enacted by the Parliament.

Speaking to a gathering after laying the foundation stone for a lawyers’ chamber at the Integrated Court Complex in Puducherry on Thursday, the Minister said some people had “jumped the gun,” in making adverse comments and raised questions on the intention of the government after he wrote a letter to the Chief Justice of India (CJI) on having a very “structured” Collegium system as “guided by the observations and directions of the Constitution Bench .” The Constitution Bench had clearly mandated that the government and the Collegium come together and restructure the Memorandum of Procedure for the appointment of judges.

“It is my duty as Law Minister to carry forward the order of the Constitution Bench. Some people are trying to see a problem in everything and create controversy. As long as the Collegium system prevails, as long as an alternative system is not in place and as far as Parliament does not bring [in] a new system, we must carry forward with the present system and that system needs certain updation and restructuring as per the wishes of the Constitution Bench. I have already taken certain positive steps by having [a] consultation with CJI,” the Minister said.

Stressing on the need for cooperation amongst the executive, judiciary and legislature, the Minister said in a democracy, no institution could work in isolation. “If somebody thinks that an institution can work in isolation, certainly he must be living in a fool’s paradise. The composite society cannot exist in isolation. We are clear in our thoughts and committed to provide justice at the doorstep. Without understanding and going into details, some people are in the habit of jumping the gun and making extraordinary comments and questioning the intentions of the government and judiciary. Such comments will only destroy the institution,” he added.

For a democracy to thrive. the Union Minister said, “The independence of the judiciary is absolutely necessary. Legislature and judiciary work for the country. But without coordination and cooperation we cannot make India a great nation. It is not that we are thinking in different way[s], it is only that we are working in a separate zone but with the same purpose. The separation of power and the boundaries of the branches of government are well marked in the Constitution.”