 "'Constitution hijacked by SC': Rijiju says this is sane view of majority")
Law Minister Kiren Rijiju on Sunday sought to support the views of a retired high court judge, who said the Supreme Court “hijacked” the Constitution by deciding to appoint judges itself.
As the government and the judiciary are at loggerheads over the process of appointment of judges to the SC, Rijiju shared the video of an interview of Justice R S Sodhi (retd), a former judge of the Delhi High Court, saying it is “voice of a judge” and that majority of people have similar “sane views”.
The law minister also said 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 think that they are above the Constitution of India.”
In the interview, Justice Sodhi also said the apex court cannot frame laws as it does not have the right to do so. The right to frame laws belongs to Parliament, he said.
“.. Whether you can amend the Constitution? Only Parliament will amend Constitution. But here I feel the Supreme Court for the first time ‘hijacked’ the Constitution. After ‘hijacking’ they (SC) said that we will appoint (judges) ourselves and the government will have no role in it,” Justice Sodhi said.
While Rijiju has described the collegium system as “alien” to the Constitution, Vice President Jagdeep Dhankhar has questioned the top court for striking down the National Judicial Appointments Commission Act . and a related constitution amendment.
Also the chairman of Rajya Sabha, Dhankar had said a law passed by Parliament, which reflects the will of the people, was "undone" by the Supreme Court and "the world does not know of any such instance".
By bringing the NJAC law, the government had sought to overturn the collegium system which came into being in 1992.
The apex court has questioned the government for delay in clearing the appointments of Supreme Court and High Court judges.
Last week, the Supreme Court collegium had for the second time reiterated the names of two advocates for appointment as judges of the Calcutta High Court "expeditiously", saying it was not open for the government to repeatedly send back the same proposal.
As the government and the judiciary are at loggerheads over the process of appointment of judges to the SC, Rijiju shared the video of an interview of Justice R S Sodhi (retd), a former judge of the Delhi High Court, saying it is “voice of a judge” and that majority of people have similar “sane views”.
The law minister also said 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 think that they are above the Constitution of India.”
In the interview, Justice Sodhi also said the apex court cannot frame laws as it does not have the right to do so. The right to frame laws belongs to Parliament, he said.
“.. Whether you can amend the Constitution? Only Parliament will amend Constitution. But here I feel the Supreme Court for the first time ‘hijacked’ the Constitution. After ‘hijacking’ they (SC) said that we will appoint (judges) ourselves and the government will have no role in it,” Justice Sodhi said.
While Rijiju has described the collegium system as “alien” to the Constitution, Vice President Jagdeep Dhankhar has questioned the top court for striking down the National Judicial Appointments Commission Act . and a related constitution amendment.
Also the chairman of Rajya Sabha, Dhankar had said a law passed by Parliament, which reflects the will of the people, was "undone" by the Supreme Court and "the world does not know of any such instance".
By bringing the NJAC law, the government had sought to overturn the collegium system which came into being in 1992.
The apex court has questioned the government for delay in clearing the appointments of Supreme Court and High Court judges.
Last week, the Supreme Court collegium had for the second time reiterated the names of two advocates for appointment as judges of the Calcutta High Court "expeditiously", saying it was not open for the government to repeatedly send back the same proposal.
One subscription. Two world-class reads.
Already subscribed? Log in
Subscribe to read the full story →Subscribe to Business Standard digital and get complimentary access to The New York Times
Quarterly Starter
₹900
3 Months
₹300/Month
SAVE 25%
Smart Essential
₹2,700
1 Year
₹225/Month
Save 46%
Super Saver
₹3,900
2 Years
₹162/Month
Subscribe
Renews automatically, cancel anytime
Here’s what’s included in our digital subscription plans
Access to Exclusive Premium Stories Online
Over 30 behind the paywall stories daily, handpicked by our editors for subscribers
Complimentary Access to The New York Times
News, Games, Cooking, Audio, Wirecutter & The Athletic
Business Standard Epaper
Digital replica of our daily newspaper — with options to read, save, and share
Curated Newsletters
Insights on markets, finance, politics, tech, and more delivered to your inbox
Market Analysis & Investment Insights
In-depth market analysis & insights with access to The Smart Investor
Archives
Repository of articles and publications dating back to 1997
Ad-free Reading
Uninterrupted reading experience with no advertisements
Seamless Access Across All Devices
Access Business Standard across devices — mobile, tablet, or PC, via web or app
SAVE 25%