Congress MP Manish Tewari gave an adjournment motion notice in Lok Sabha to discuss the Centre’s confrontation with the judiciary over the Collegium system on Monday.
In a letter addressed to Lok Sabha Speaker, Tewari demanded, “discussion on the confrontation with the judiciary brought to the fore by recent statements made by various Government and constitutional functionaries, including the Hon’ble Law Minister.”
He further stated that such statements prima facie undermine the faith in the Supreme Court and the justice system in general.
Tewari said about the rift between the executive and the judiciary, “this takes us on a dangerous path where Courts could lose their legitimacy. Judges of the Hon’ble Supreme Court were constrained to discuss these comments in open court.”
Pointing to the vacancies in the Supreme Court and High Courts, he said, the rule of law could never survive in such a situation. More particularly, it has stalled appointments of judges in the Supreme Court and High Courts.
He mentioned that the Supreme Court has a vacancy of seven judges and more than 380 vacancies exist in various High Courts.
“The Government must forthwith explain its stand and clarify its position with regard to the confrontations with the judiciary,” Tewari further said.
Tewari on Friday also gave an adjournment motion notice in the Lok Sabha to discuss matters related to statements made by different government functionaries over the Collegium system.
Speaking on the Congress’ adjournment motion notice, Rijiju on Friday had said, “We aren’t like the Congress party that overturns everything and captures institutions. BJP respects all institutions of the country.”
The judicial appointment issue stoked a row as Vice President Jagdeep Dhnakar and Law Minister Kiren Rijuju made several critical statements on the subject.
On December 8, the apex court said that the Collegium system was the law of the land and should be followed. “Making comments on the Supreme Court Collegium is not very well taken,” the apex Court had remarked.
Earlier on December 7, Vice president Jagdeep Dhankar had said that by scrapping the National Judicial Appointment Commission (NJAC), which was established by an Act of parliament, the Supreme Court severely compromised parliamentary sovereignty and disregarded the mandate of the people.
In October Law Minister had said, “the primary task of a judge is to deliver justice to the people. What I see as a law minister (is that) half the time of the judges is spent on deciding who would become the next judge rather than giving justice.”
“The mechanism to appoint judges is opaque,” Rijiju had added.