Law Minister questions logic behind SC ruling which brought back collegium system
30/05/2020
NEW DELHI, May 29: Questioning the basis of the Supreme Court judgement that quashed the National Judicial Appointments Commission, Law Minister Ravi Shankar Prasad on Friday wondered why the prime minister cannot be trusted with appointing fair judges if he can be trusted with the country's nuclear button.
The 2015 judgment had brought back the collegium system to appoint Supreme Court and high court judges by striking down the NJAC Act under which the Executive sought more say in judicial appointments.
He said while the government respects the SC order, he was not satisfied with the logic given to strike down the law.
Delivering the Prof N R Madhava Menon Memorial Lecture on "Legal and Digital Challenges for India Post-COVID-19" via video, Prasad said the government's digitisation programme has come in handy with over 16,000 courts of the country digitised.
He said as many as 1,200 lawyers have registered in just three months during the coronavirus pandemic as against 1800-1900 last year on the e-filing website.
Referring to the SC judgment on NJAC, he said the top court had held that in the appointments panel, the law minister is also a member and therefore, the appointees from that office may not be fair and objective when litigation comes against the government.
"If this is the reason, which it is, then I have serious reservation as a student of law," Prasad said.
"Now, if the mere association of the law minister leads to doubts of the objectivity of appointment, then it is a very loaded question. All of us report to the prime minister as he is the head of the government, he said.
Prasad said the prime minister is a key player in several top appointments.
"The people of India trust the prime minister to ensure the sanctity, integrity and security of India. You all know the PM has the nuclear button in his hand. The prime minister can be trusted for working so many things of the country but the prime minister, assisted by the law minister, cannot be trusted to appoint a fair objective judge," Prasad quipped.
The Law Minister also said his ministry should not be seen as a mere post office for the judiciary but a stakeholder in terms of judicial appointments.
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