Fittest Should Be Appointed As Judges: Kiren Rijiju

MUMBAI: Taking a dig at the Supreme Court's collegium system currently prevalent for appointing judges, Union Law Minister Kiren Rijiju has labelled the current system as 'opaque'.

Sharing his remarks at a Conclave in Mumbai, in a session on 'Reforming Judiciary', the Union Law Minister said that only the 'fittest' individuals should be appointed as judges and not anyone based on any acquaintance of the Collegium members.

Rijiju said that he is 'not happy' with the current system of the collegium. "No system is perfect. We have to always strive and work towards a better system", said Rijiju at the session. The Union Minister further highlighting the importance of accountability and transparency in the overall system and that he is only "reflecting the thinking" of many, said, "If it is opaque, then who else will speak up against it if not the concerned minister."

"The basic fault with the present collegium system is that the judges are recommending those colleagues whom they know. Obviously, they would not recommend a judge they do not know," commented Kiren Rijiju.

When asked about how he thinks the process would be different if the Government is involved, the Union Law Minister said that the same has an adequate mechanism in place for collection of information, that too with diligence. "The government has the intelligence bureau and several other reports to rely on before taking a decision. The judiciary or the judges do not have this," he said.

Going further, Kiren Rijiju also underlined that judges are appointed by governments across the world. "Should the judges be stuck in such administrative work or spend more time in dispensing justice," questioned the Union Law Minister.

During the interaction, there was also a question raised on the Apex Court rejecting the National Judicial Appointments Commission Act. Law Minister Rijiju said that the Government has not commented on it yet as it respects the decision of the judiciary. The Narendra Modi led Government at the Centre will support the independence of the judiciary and will not any steps to undermine it, he said.

However, the Minister also underlined that the Judiciary should not get into function as the Executive. He said, "A judge should speak through his or her order instead of making unnecessary comments and inviting criticism."

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