Former Supreme Court judge Justice Rohinton Nariman on Friday gave a strongly worded response to the Union Law Minister Kiren Rijiju regarding the latter's remarks against the Collegium system of appointment of judges.
Justice Nariman termed the Law Minister's statements as "diatribe" and proceeded to remind him of the Constitutional provisions which binds the government.
"We have heard a diatribe by Law Minister of the day against this process. Let me assure the Law Minister that there are two basic Constitutional fundamentals that he must know. One fundamental is, unlike the USA, a minimum of 5 unelected judges are trusted with the interpretation of the Constitution - Article 145(3). There is no equivalent in USA. So minimum 5 - what we call Constitution Bench- are trusted to interpreted the Constitution," the former judge stated.
Justice Nariman said that while the Law Minister has the right to criticise the judgment, the Central government is bound by the Supreme Court's 1993 judgment in second Judges' case which led to the formation of the Collegium system.
"Once those five or more have interpreted the Constitution, it is your bounden duty as an "authority" under Article 144, to follow that judgment. You may criticise it. As a citizen, I may criticise it, no problem. But never forget, unlike me, who am a citizen today, you are an "authority" and as an "authority" you are bound by that judgment - right or wrong," he emphasised.
As a citizen, I may criticise it, no problem But never forget, unlike me, who am a citizen today, you are an "authority" and as an "authority" you are bound by that judgment - right or wrong.Justice Rohinton Nariman
Justice Nariman was delivering the seventh Chief Justice MC Chagla Memorial Lecture on the subject 'A tale of two Constitutions- India and the United States: the long and short of it all'.
Union Law Minister Kiren Rijiju has been relentless in his attacks against the Collegium, calling it out for having no Constitutional basis and seeking a greater say for the government in appointing judges to the High Courts and the Supreme Court.
The Law Minister has maintained that he is not satisfied with the Collegium system of appointing judges.
According to Rijiju, the role played by the government in choosing judges was vital, since judges themselves do not have access to reports and other information that the government did. He also opined that he would be failing in his responsibility if he did not carry out due diligence before approving names recommended by the Collegium.
Most recently, he had written to Chief Justice of India (CJI) DY Chandrachud suggesting that government representatives be included in the Supreme Court and High Court Collegiums.
Rijiju has found a vocal ally in Vice-President Jagdeep Dhankhar, himself a Senior Advocate who has also been critical of the Collegium.
Justice Nariman in his speech defended the Collegium system saying that while the same came about by interpretation of the Constitutional law provisions by the Supreme Court, it was done by a bench of 9 judges keeping in mind the need of the times - to safeguard independence of judiciary.
"So we must remember our appointment process was really in answer to the felt need of the time - independence of judiciary," he said.
He also said that what has been done is not something unknown in Constitutional law and it is the duty of the apex court to evolve Constitutional ideals in keeping with the needs of the time.
"What has been done is not something unknown to Constitutional law unlike what many people seem to be saying. It is known to Constitutional law. In fact it is the duty of Supreme Court to ultimately put forward in the best way possible a Constitutional ideal given the time," he underlined.
[Watch video of full speech below]