Continuous hearing is going on in the Supreme Court regarding the collegium system. When the hearing took place in this matter on Thursday, the court appeared very angry with the Center. The court bluntly said that as long as the collegium system is in place, the government will also have to follow it. If the government wants to make a law in this regard, then make it. But the court has the right of judicial review. It has also been emphasized that the ministers sitting in the government should avoid making statements on the collegium system.
Why was the court angry with the Center?
Justice Sanjay Kishan Kaul said that the government sends back the recommendations of the collegium two or three times for reconsideration. While the government does not give any concrete reason behind that reconsideration. This simply means that the government does not want to appoint them. This is against the spirit of the Supreme Court’s decision.
Justice Kaul said that the Central Government has sent back the file of 19 names out of the names sent by the collegium. When will this battle of pingpong settle? When the High Court Collegium sent the names and the Supreme Court Collegium also gave its approval to them, then where is the problem? There are many reasons and dimensions in this whole process. There are some rules. Justice Kaul said that when you make a law, you expect us to obey it. Similarly, when we make some rules and laws, the government should also obey them. If everyone starts following their own rules, then everything will come to a standstill.
He further said that you are saying that till now the issue of Memorandum of Procedure that is MOP is also stuck. No work progressed on that. You are saying that you have sent letters regarding this. It is possible that the government has read the writings to clarify the point of view on some issues or in need of change. There is talk of change or improvement in MOP. It is not that there is no MOP. The issue of MOP was settled in 2017 itself. Only then it was decided that the government can suggest changes or improvements in the MOP.
The court will make appropriate correction in it. On these arguments of the court, the Attorney General said that it does not suit us. Some more fine tuning is necessary. On this, Justice Kaul said that the government can give suggestions but it is up to the collegium to accept it or not. But our concern is about para 2 of your suggestion. It has been said that Article 224 should also be made a part of the MOP. But in the last hearing, the then Attorney General KK Venugopal had sought time for the government, so we had given time through a judicial order. That order also mentions the existing MOP.
Controversy on which issues, what is the reasoning of the court?
The court said that this dispute can be avoided. The government should find a suitable solution for this. Attorney General R Venkataramani said that he would talk to the government and explore the possibility of an acceptable solution. After this, without naming the Vice President and Rajya Sabha Chairman Jagdeep Dhankhar and Law Minister Kiren Rijiju, Justice Vikram Nath while addressing the Attorney General said that people sitting on high constitutional posts are openly saying that the collegium system of the Supreme Court is not correct.
Referring to the withdrawal of 19 names, Justice Kaul said that the government is saying that no recommendation is pending with us. Because the government has returned 19 names. The court also emphasized in its order that the seniority order of the judges to be appointed should be determined according to the decision of the Supreme Court. Everyone should follow the law made by this court until any other law is made by the legislature.
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