Rijiju’s remarks on judiciary, Collegium system unwarranted, say former SC judges

New Delhi, Nov 12, 2022: Days after Union Law Minister Kiren Rijiju expressed his concern against the alleged ‘lack of transparency’ in the Collegium system, two former judges of the Supreme Court, Justices Madan Lokur and Deepak Gupta, have questioned the transparency on the government’s part in appointing judges.

Justice Lokur criticized the comments made by Rijiju as “unwarranted and uncalled for.” It is not the judiciary in fact it is the government, which is creating the problem.

In September, the Collegium had recommended name of Justice Dipankar Datta, the present Chief Justice of Bombay High Court to be elevated to the Supreme Court. But the government has done nothing on this and is just sitting over the file. Even with regards to the transfer of Justice S Muralidhar, the government has not done anything,” Justice Lokur expressed.

Justice Gupta agreed with Justice Lokur’s views and expressed concern regarding the attitude shown by the government when it came down to some recommendations of the Collegium.

“Justice Datta’s name was unanimously recommended. He is a judge of 2006 batch but was overlooked initially for becoming Chief Justice of some High Court and this was only to ensure that he does not become the Chief Justice of India. The government has the right to disagree but where is this disagreement recorded and given to the Collegium?,” he said.

This comes after the Supreme Court on Friday made it clear to the Central government that keeping Collegium recommendations on hold was not acceptable. The Court also sought a response from the Union Law Secretary regarding pending recommendations and reiterations made by the Collegium.