Govt, Law Minister, AG react to SC order on NJAC

SC verdict on NJAC: Govt questions transparency of collegium system

Bengaluru/New Delhi

Expressing “surprise” over Supreme Court’s decision to strike down a new law to appoint judges to the higher judiciary, government today questioned the transparency of the old collegium system which has been revived with the verdict.

Law Minister D V Sadananda Gowda said the next course of action will be decided after consultations with Prime Minister Narendra Modi and Cabinet colleagues.

“We are surprised by the verdict of the Supreme Court,” Gowda told reporters in Bengaluru on the apex court striking down the Constitutional Amendment Act and an enabling law to establish the National Judicial Appointments Commission(NJAC) to recommend transfer of High Court judges and their elevation to the Supreme Court.

Telecom Minister Ravi Shankar Prasad and Attorney General Mukul Rohatgi questioned the transparency of the collegium system which the law sought to replace.

With the NJAC Act struck down, the appointments to the higher judiciary will be made by the collegium system which ended in April when the government notified the new law.

“The Supreme Court has said that from November 3 it will hear the issue of improving the collegium system. It shows that there was something wrong in the collegium system,” Prasad told reporters in Delhi.

Rohatgi expressed similar sentiments after the landmark verdict. “Appointments will continue to be made in an opaque system where all stakeholders will not have a voice. The collegium system is not found in the Constitution and according to me, the system is not appropriate,” he said.

“Whether collegium system will be changed or not is in the wisdom of the court. But if it needs to be improved, it means it wasn’t correct in the first place,” he said.

While Gowda and Prasad, a former Law Minister, said the government will come out with a structured response after going through the order, the AG ruled out the option of seeking review in the matter saying, “I don’t think it is a case for review at all as the verdict is detailed and runs into over a thousand pages.”

Gowda said he would decide on the future course of action after consulting the Prime Minister, his senior Cabinet colleagues and legal experts.

“The will of the people can be represented through the Parliament, through the legislature only, it cannot be brought to the notice of the whole world by some other means,” Gowda said.

Parliamentary Affairs Minister M Venkaiah Naidu said there was a unanimous support for the bills in the Lok Sabha and the Rajya Sabha during voting.

“20 state assemblies had ratified it…the principal author of the 1993 Supreme Court judgement (which led to the collegium system) (late) Justice J S Verma had also suggested a serious rethink on the collegium system and so had Justice V R Krishna Iyer,” Prasad said.

Naidu said the will of the people was brought before the Court, noting that the Lok Sabha and Rajya Sabha had supported the bill besides 20 state legislatures had also ratified the constitutional amendment.

“It is a legislation passed by Parliament and ratified by legislative assemblies of states after much discussion. The collective wisdom of Parliament has gone into it and the mood of the people is reflected in the Bill,” he said, adding that government will deliberate on the future course of action on the issue soon.

Surprised by SC verdict on NJAC, Law Minister
Bengaluru

Expressing “surprise” over the Supreme Court verdict striking down the National Judicial Appointments Commission (NJAC) Act, Union Law Minister D V Sadananda Gowda today said the next step would be decided after consulting the Prime Minister and legal experts.

“We are surprised by the verdict of the Supreme Court,” Gowda told reporters as the Apex Court, in a watershed judgement, quashed the NJAC Act, enabling the two-decades old collegium system to continue.

Gowda said the will of the people was brought before the Court, noting that the Lok Sabha and Rajya Sabha had supported the bill “100 per cent” and 20 state legislatures had also cleared it.

“The will of the people can be represented through the Parliament, through the legislature only, it cannot be brought to the notice of the whole world by some other means,” he said.

“We brought the will of the people. 100 per cent of the Rajya Sabha and Lok Sabha have supported the bill, 100 per cent. Voters who have voted…are represented by Parliament members. 20 state legislatures have supported the bill..,” he said.

He said the “will of the people has been properly represented by the government and as far as the further steps and other things are concerned, I will come back to you only after going through the text in detail and after consulting with the Honorable Prime Minister, our legal experts and others…”

Gowda said, “I would discuss with my law officers, and I would discuss with my senior cabinet colleagues and Prime Minister, then we will decide on the next step we need to take.”

Collegium system is not found in Constitution, says AG

New Delhi

Hours after the Government suffered a blow on the National Judicial Appointments Commission (NJAC) Act, Attorney General Mukul Rohatgi said the collegium system, which became re-operational with today’s Supreme Court verdict, is not found in the Constitution and is not appropriate as it is an “opaque” system.

However, Rohatgi ruled out the option of seeking review in the matter saying, “I don’t think it is a case for review at all as the verdict is detailed and runs into over a thousand pages.”

Though the Attorney General denied any confrontation between the government and the judiciary over the issue of appointment of judges to higher judiciary, he was of the view that the appointments would not be fully transparent.

“Appointments will continue to be made in an opaque system where all stakeholders will not have a voice. The collegium system is not found in the Constitution and according to me, the system is not appropriate,” he said.

“Whether collegium system will be changed or not is in the wisdom of the court. But if it needs to be improved, it means it wasn’t correct in the first place,” he said while responding to the question that the five-judge bench has posted the matter for further hearing inviting suggestions on improving the collegium system.

On being asked whether the verdict was a blow to the Centre, Rohatgi said the law was approved by Parliament and not just by the ruling party.

“This law was not of the Centre. It was made by the Parliament and approved by all parties,” the AG said, adding that it is for the government and Parliament to decide if they wish to put another amendment “after removing defects from this amendment.”

PTI