‘Poison pill for independent judiciary’: Oppn slams govt over Rijiju letter to CJI

The Union Law Minister has suggested to DY Chandrachud that a government nominee should be included in the Collegium that shortlists judges for the Supreme Court and High Courts.

Written by Manoj C G

New Delhi | Updated: January 16, 2023 08:31 PM IST

3 min read

Union Law Minister Kiren Rijiju (L) and Congress leader Jairam Ramesh (Express/PTI/File Photo)

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The Opposition on Monday hit out at the BJP-led Central government after Union Law Minister Kiren Rijiju wrote to Chief Justice of India DY Chandrachud “suggesting” the inclusion of a government nominee in the decision-making process for shortlisting of judges. The Opposition accused the Government of trying to “capture” the judiciary.

The Opposition, especially the Congress, had been accusing the government of trying to capture independent constitutional institutions. The Congress believes Rijiju’s repeated attacks on the judiciary, coupled with Vice-President Jagdeep Dhankhar’s criticism of the Supreme Court for striking down the National Judicial Appointments Commission (NJAC) Act and the reference to the Kesavananda Bharati case, is part of a larger plan to intimidate the judiciary.

“The Vice President’s assaults. The Law Minister’s attacks. All this is orchestrated confrontation with the judiciary to intimidate and thereafter capture it totally. The Collegium does need reform. But what this Government wants is complete subservience. Its remedy is a poison pill for an independent judiciary,” Congress communication head Jairam Ramesh told The Indian Express.

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Many Opposition parties agreed. The Rashtriya Janata Dal (RJD) called Rijiju’s suggestion shocking. “This is absolutely shocking. This is going to grossly undermine the very idea of independence of the judiciary and shall unsettle the fine balance as envisaged through the constitution. Is the government unable to resist the temptation of having a ‘committed Judiciary’,” said RJD leader and Rajya Sabha MP Manoj Kumar Jha.

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Delhi Chief Minister Arvind Kejriwal called it a dangerous move. “This is extremely dangerous. There should be absolutely no government interference in judicial appointments,” he said on Twitter.

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“The collegium system came into existence as a consequence of the Second and Third Judges case in 1993 & 1998 respectively. The Government tried to nullify it by bringing the NJAC paradigm which was struck down by the Supreme Court. Even if the Supreme Court would want to accommodate the Central Government’s desire how would they do so the Memorandum of Procedure does not have space for such accommodation. Then the moot question is why only a representative of the Government alone ?” Lok Sabha MP Manish Tewari of the Congress told The Indian Express.

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