The Supreme Court has again slammed the Center for returning its recommendations for the appointment of judges to various courts. The top court said that sending back the names sent to the government for the second time violated its earlier direction.
The Supreme Court gave strict advice to the Central Government. Without mentioning that it had struck down the National Judicial Appointments Commission Act (NJAC Act), the top court also said that the Parliament has the right to make laws, but the laws made are subject to the scrutiny of the court. It is important that the law laid down by this court is followed, otherwise, people will follow the law which they think is right. Let us tell you that there is a tussle going on between the Central Government and the apex court regarding sending back the file of appointment of judges to the Supreme Court collegium.
20 files for appointment of judges returned
The tussle between the Central Government and the Supreme Court has been going on for a long time on the issue of the Apex repealing the NJAC Act and the appointment of judges in the High Courts through the Collegium. In November, the government was reported to have returned 20 files on the appointment of judges to the collegium. It was also said that the collegium should reconsider these names. These files also include the appointment file of advocate Saurabh Kripal. Significantly, he spoke openly about his homosintimate.
Sources associated with the process of appointment of Supreme Court and High Court judges said that the government had sent back the files to the collegium on November 25. Not only this but a strong objection was also raised about the recommended names. Of these 20 files, 11 were fresh files and nine were re-sent by the Supreme Court Collegium.
The issue of delay in the appointment of judges despite the recommendation of the collegium was heard in the Supreme Court in November. During this, the Supreme Court acknowledged that there has been a delay of months by the Center in considering the appointment of judges proposed by the collegium. The Supreme Court remarked that the government appears to be unhappy that the National Judicial Appointments Commission (NJAC) has not passed constitutional muster.
Rijiju had said this
Regarding the recommendation of the collegium, Union Law Minister Kiren Rijiju said that the collegium cannot say that the government should immediately approve every name sent by it. Then they should make the appointment themselves.
Don\'t let the collegium system derail you
Earlier on December 2, the Supreme Court had also said that the collegium system is working well, do not let it derail. It has become fashionable for retired judges to comment on earlier decisions of the Collegium, whereas the Collegium is the most transparent institution. In such a situation, we do not want to comment on the statement of former judges. A bench of Justice MR Shah and Justice CT Ravikumar had observed that the collegium does not function based on someone having an excessive interest in the private life of others. We should perform our duties and let the collegium work according to its duties. We are the most transparent institute.
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