SC raps govt for remarks by senior persons against collegium system

The Supreme Court Thursday pulled up the central government for sitting over the top court collegium's recommendations for appointment of judges to the high courts and the Supreme Court. A bench of justices Sanjay Kishan Kaul, A S Oka and Vikram Nath also expressed its strong displeasure over comments made by senior government functionaries against the collegium system.

The development took place during the resumed hearing of a contempt petition filed against the Centre for not approving the collegium's recommendations within the deadline laid down by the top court.

During the resumed hearing, the bench was apprised of certain comments made by individuals holding "high constitutional posts" against the collegium system. Appearing on behalf of the petitioners, senior advocate Vikas Singh said it a "little upsetting" to note that persons holding constitutional posts are saying that the Supreme Court does not have the power to exercise judicial review.


Although no names were taken either by the counsel for the petitioners or the bench, it might be mentioned here that Vice President of India Jagdeep Dhankar in his maiden Rajya Sabha speech on Wednesday and at a public function last week had questioned the striking down of a constitutional provision by the Supreme Court.

Dhankar was referring to the overturning of the National Judicial Appointments Commission (NJAC) by the Supreme Court in October 2015. Union law minister Kiren Rijiju had also publicly criticised the collegium system of selection of judges.

"Tomorrow people will say basic structure is also not a part of the Constitution", Justice Kaul, speaking for the bench, quipped. Justice Nath advised attorney general R Venkataramani to advise the government functionaries to exercise restraint.

"Let people not believe that they will follow a law which they believe is correct. This has larger ramifications," Justice Nath verbally observed, adding that the comments made by the government functionaries against the Supreme Court collegium are "not very well taken".