"Present System Needs Restructuring": Law Minister On Judges' Appointment

Amid frequent run-ins between the government and the judiciary over the Collegium system, Union Law minister Kiren Rijiju on Thursday said it is Centre's "bounden duty" to follow Supreme Court's 2016 order for restructuring the Memorandum of Procedure (MoP) in appointment of Supreme Court and high court judges.

Mr Rijiju also said the Centre respects judiciary as its independence is "absolutely necessary" for a thriving democracy.

He made the remarks after laying the foundation stone for a building to come up at a cost of Rs 13 crore to house chambers for lawyers of Puducherry on the precincts of the integrated court complex.

"I have written to Chief Justice of India to have a very structured Collegium system to appoint judges of the Supreme Court and High Courts in the country and this is very well guided by the Constitution Bench of the Supreme Court," Mr Rijiju said.

He said the Bench had given very clear observations and directions to the Collegium and the government in 2016 to restructure the memorandum of process to appoint judges of the Supreme Court and High Courts.

"This, however, got delayed. But it is my bounden duty to carry forward the order of the Constitution Bench of Supreme Court and as long as the Collegium system prevails and as long as no alternative system is not in place and as far as Parliament does not bring new system, we will carry forward with the present system which needs some updation and restructuring as per directives of the Constitution Bench of the Supreme Court," said the Law minister.

The Law and Justice Minister said his message to the Judiciary is that the government will always honour its dignity and independence.

Mr Rijiju voiced concern that some are, however, making comments or statements and also adverse remarks in this regard which are only damaging the institution.

He said during the last few days he had seen some remarks made by eminent persons, eminent lawyers and some retired Supreme Court judges whom we expect would make positive contributions for the nation's growth.

"Right from day one of my assumption of office of Minister of Law and Justice, I am clear in my concept, vision and intention about the independence of Judiciary," he said. "Our government respects the Judiciary and independence of Judiciary is also absolutely necessary for a thriving democracy."

Rijiju said judiciary works for the country and the Legislature and Executive also work for the nation. "Without cooperation and coordination among them we cannot make the country a great nation." He asserted that the Judiciary, Legislature, and Executive are not working in different ways.

"We work in separate zones but with same purpose and have very clear-cut tasks in our hand determined by the Constitution of India." The separation of powers, respect for each other and Lakshman Rekhas have been clearly demarcated and therefore there need be no room for any controversy, he added.

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