New DelhiOne hour ago
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Former Supreme Court judge Rohinton Fali Nariman has hit out at Law Minister Kiren Rijiju amid mounting attacks from the Center on the Supreme Court’s collegium system for the appointment of judges. In a program on Friday, he called stopping the names recommended by the collegium fatal for democracy. Also reminded the Law Minister that it is his duty to accept the court’s decision.
Delivering a lecture at a function organized by the law department of Mumbai University, the former judge said, “We have heard a condemnation from today’s law minister against this process.” I assure the Law Minister that there are two basic principles which he should know.
A fundamental point is that unlike in the US, at least 5 unelected judges are relied upon to interpret Article 145(3) of the Constitution, and once those five or more interpret the Constitution, it is a matter of opinion under Article 144. You have a duty as the authority. As a civilian, I can criticize it, no problem. But never forget that you are an authority and as an authority you are bound by the judgment of right or wrong. The former judge himself was part of the collegium before his retirement in August 2021.
There should be a limit to the response of the government
He has suggested that after the collegium recommends the name of a judge, the government should respond within 30 days. If the government does not respond within the stipulated time, then it should be assumed that the government has nothing to say. That’s how the constitution works.
He said- Stopping the names recommended by the collegium is deadly for democracy. Also said that without independent and fearless judges, we will enter the abyss of the new dark age. If you don’t have independent and fearless judges, there is nothing left.
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