Union Law Minister Kiren Rijiju on Saturday shared comments of a former Delhi High Court judge, who alleged that the Supreme Court has “hijacked” the Constitution by deciding to appoint judges.
The development comes amidst the standoff between the Centre and the judiciary regarding judicial appointments in the country.
Rijiju tweeted a video clip of retired judge RS Sodhi who had said that the Supreme Court does not have the power to frame laws and added that the right to do so belongs to the Parliament.
“The Supreme Court has, for the first time, hijacked the Constitution,” Justice Sodhi had alleged in the interview with the YouTube channel LawStreet Bharat. “It [Supreme Court] said we will appoint the judges and the government will have no role in this.”
Under the collegium system, five senior-most judges of the Supreme Court, including the chief justice, decide on the appointments and transfers of judges to the top court and the High Courts.
Initially, Rijiju on Saturday shared the video saying that elected representatives represent the interests of the people and make laws.
In another tweet on Sunday, the law minister added that the majority of the people have “similar sane views” as Justice Sodhi.
“It’s only those people who disregard the provisions of the Constitution and mandate of the people think that they are above the Constitution of India,” Rijiju said.
Rijiju’s latest comments on the collegium system reiterate the Centre’s stance that the system should be replaced with the National Judicial Appointments Commission Act, which was struck down by the Supreme Court in 2015.
The law was passed by the Parliament months after Narendra Modi took over as the prime minister in 2014. However, the court had deemed the law unconstitutional.
The National Judicial Appointments Commission Act, passed in 2014, had proposed to make judicial appointments through a body comprising of the chief justice, two senior Supreme Court judges, the law minister and two other eminent persons nominated by the chief justice, the prime minister and the leader of the Opposition.
Last week, in a letter to Chief Justice DY Chandrachud, Rijiju also suggested the inclusion of a government nominee in making appointments to the higher judiciary.
On BBC documentary about 2002 Gujarat riots
Union Law Minister Kiren Rijiju on Sunday also termed the BBC documentary claiming Prime Minister Narendra Modi’s direct role in the 2002 Gujarat riots as a “malicious campaign”.
The first part of the documentary, which was not screened in India, was released on January 17 and cited a report by the British inquiry team that alleged Modi for preventing Gujarat police from controlling the riots.
“Minorities, or for that matter every community in India is moving ahead positively,” Rijiju tweeted on Sunday. “India’s image cannot be disgraced by malicious campaigns launched inside or outside India. PM Narendra Modi Ji’s voice is the voice of 1.4 billion Indians.”
He also said that some people in the country consider the BBC above the Supreme Court, and added that they lower the country’s dignity and image “to any extent to please their moral masters.”
On Sunday, the Centre had directed YouTube and Twitter to remove links to the documentary from its platform.
The Ministry has invoked emergency powers under the Information Technology Rules to direct social media platforms to take down the links. Twitter has been ordered to block over 50 posts containing YouTube videos of the documentary.
Limited-time offer: Big stories, small price. Keep independent media alive. Become a Scroll member today!
Our journalism is for everyone. But you can get special privileges by buying an annual Scroll Membership. Sign up today!