Kiren Rijiju: RS Sodhi, a retired judge from the Delhi High Court, was quoted in a dispute between the government and judiciary over the process of selecting senior judges on Monday. He urged Union Law Minister Kiren Rijiju to “Don’t shoot off my shoulder.” The remarks came a day after Mr. Rijiju raised the bar of the argument by using remarks made by the former judge to highlight whose viewpoint he thought “sane.”
What did RS Sodhi say?
In an interview, Justice Sodhi stated that, “I thank the Law Minister for raising the issue, but I’m not a political person. Don’t shoot the gun off my shoulder. This is my personal opinion that the collegium system is unconstitutional. There should be a secretariat in High Courts and Supreme Court.”
He continued further by saying, “How can it be that some judges get together to appoint judges? How can two or three judges decide together? The collegium system has failed [but] constitutional bodies should avoid public criticism regarding the appointment of judges.”
Justice Sodhi emphasized on his opinion in the argument over the authority of the judiciary, executive branch, and legislature. He said, “Parliament is supreme in law-making, but the Supreme Court is capable of examining the law.”
What did Kiren Rijiju say earlier?
Earlier, taking to Twitter, Law Minister Kiren Rijiju stated that, “Actually, majority of the people have similar sane views. It’s only those people who disregard the provisions of the Constitution and mandate of the people who think that they are above the Constitution of India.”
The latest debate between the administration and the judiciary, has been going on for a while. Since Mr. Rijiju’s remarks to Vice President Jagdeep Dhankhar, there has been growing pressure on the judiciary to alter the system in which judges have the last say about judicial appointments.
The government has demanded a greater say in appointing judges, questioned the lack of its veto authority, and criticised the Supreme Court’s 1973 decision to encircle specific constitutional elements as its “basic structure” that could not be changed by parliament.
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