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BIG STORY JANUARY 27, 2023 | The Indian Eye 4

GOVT VS JUDICIARY

GROWING

TENSION?

As the government pitches for the inclusion of government representatives in the

Supreme Court and the Supreme Court Constitution Bench directs the restructuring of
the collegium system, tensions grow on the issue of judicial independence

OUR BUREAU ity to the public in the court’s deci-
sion-making process with respect to
New Delhi
the appointment of judges.
n a major move on Thursday, The Supreme Court Constitution
the Supreme Court Collegium Bench had directed the restructuring
Iresolved to reiterate its recom- of the Memorandum of Procedure
mendation for the appointment of (MoP) of the collegium system.
Senior Advocate Saurabh Kirpal as The MoP is a document that sets
a Judge of the Delhi High Court, out the procedure for the appoint-
stressing that it needs to be processed ment of judges to High Courts and
expeditiously and said that Kirpal as a the Supreme Court.
prospective candidate for judgeship, Under the present Collegium sys-
has not been surreptitious about his tem, the Chief Justice of India along
orientation. with four senior-most Supreme Court
Reiterating its recommendation judges recommend the appointments
dated November 11, 2021, for the and transfers of judges. Chief Justice
appointment of Saurabh Kirpal as a Chandrachud and Justices Sanjay
Judge of the Delhi High Court, the Kishan Kaul, KM Joseph, MR Shah,
Collegium said that the overwhelming- Ajay Rastogi and Sanjiv Khanna are
ly positive aspects of the candidature among the current collegium of the
of Saurabh Kirpal must, therefore, Supreme Court.
weigh in the balance. In a Collegium Chief Justice of India Dhananjaya Y Chandrachud In the middle of growing acri-
meeting held between Chief Justice mony, Lok Sabha Speaker Om Birla
of India Dhananjaya Y Chandrachud, dations of the Collegium being sent dicial Appointment Commission Act. on Wednesday said that the Judiciary
justices Sanjay Kishan Kaul and KM back for reconsideration.” The SC Constitution Bench had di- and Legislature should maintain the
Joseph, the decision to reiterate the Tensions between the govern- rected to restructure the MoP of the principle of separation and balance of
recommendation for the appoint- ment and top judiciary have been collegium system.” power.
ment of Saurabh Kirpal as a Judge growing in recent weeks. Union Law The law minister also took to Om Birla in his address at the
of the Delhi High Court was taken. Minister Kiren Rijiju recently wrote Twitter earlier to post, “The contents inaugural session of the All India
The SC Collegium said Saurabh to the Chief Justice of India D Y in the letter to hon’ble CJI are exactly Presiding Officers’ Conference in
Kirpal possesses the competence, in- Chandrachud stating that he is not in conformity with the observations Rajasthan’s Jaipur raised his concern
tegrity and intellect and his appoint- satisfied with the Collegium system and directions of the Supreme Court and said that the legislatures in our
ment will add value to the Bench of of appointing judges while backing Constitution Bench. Convenient pol- country have always respected the
the Delhi High Court and provide the reintroduction of the National itics is not advisable, especially in the powers and authority of the judicia-
inclusion and diversity. Judicial Appointments Commission name of Judiciary. Constitution of In- ry. “The Presiding Officers of Legis-
The Collegium appreciated the (NJAC) for choosing judges. dia is supreme and nobody is above it.” latures have endeavoured to ensure
conduct and behaviour of Kirpal and Rijiju said, “It is just a follow-up Rijiju’s letter to the CJI pitched that their relationship with the Judi-
said, “It may have been advisable action of the letters written earlier for the inclusion of government rep- ciary is in accordance with the spirit
for the candidate not to speak to the to CJI following the direction of the resentatives in the Supreme Court. and decorum of the Constitution.
Press in regard to the reasons which Supreme Court Constitution Bench According to the Centre, this will The Judiciary also needs to follow the
may have weighed in the recommen- while striking down the National Ju- infuse transparency and accountabil- Continued at next page... >>

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