New Delhi: Law Minister Kiren Rijiju on Sunday sought to support the views of a retired high court judge, who said the Supreme Court had “hijacked” the Constitution by deciding to appoint judges on its own. In recent times, the conflict between the government and the judiciary has increased regarding the process of appointment of judges in the higher judiciary. Sharing a video of an interview of former Delhi High Court judge Justice RS Sodhi (retd), Rijiju said it was the “voice of a judge” and that most people have similar “sensible views”.
Justice Sodhi said that the Parliament has the right to make laws. The law minister also said, “Actually most of the people have similar sensible views. There are only a few people who disregard the provisions and mandate of the Constitution and think that they are above the Constitution of India.” The minister tweeted, “The real beauty of Indian democracy is its success. The people rule themselves through their representatives. Elected representatives represent the interests of the people and make laws. Our judiciary is independent and our constitution is supreme.”
What he said in the interview
In the interview, Justice Sodhi also said that the apex court cannot legislate as it does not have the authority to do so. He said that Parliament has the right to make laws.
Justice Sodhi said, “Can you amend the Constitution? Only the Parliament can amend the Constitution. But here I think the Supreme Court has hijacked the Constitution for the first time. After abducting them, they (Supreme Court) said that we will appoint (judges) ourselves and the government will have no role in it,” he said.
Rijiju has termed the collegium system for the appointment of judges as contrary to the Constitution of India amid growing conflict between the executive and the judiciary over the appointment of judges to the Supreme Court and High Courts. At the same time, Vice President Jagdeep Dhankhar has questioned the apex court for striking down the National Judicial Appointments Commission Act (NJAC) and a related constitutional amendment.
The top court has also questioned the government over the delay in approving the appointments of judges in the Supreme Court and High Courts.
