Thursday, February 9, 2023

Centre should appoint judges, Law Minister Kiren Rijiju quotes former Delhi HC Judge to bring home the point

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Union Law Minister Kiren Rijiju has termed the statement recently made by former Delhi High Court judge, Justice R.S. Sodhi regarding appointment of judges as being the ‘sane’ view endorsed by the majority of people in the country.

Taking to micro-blogging site Twitter, Rijiju expressed on Sunday that only those people who disregard Constitutional provisions and the people’s mandate thought they were above the Constitution.

The tweets posted by Rijiju said, “Voice of a Judge… Real beauty of Indian Democracy is- it’s success. People rule themselves through their representatives. Elected representatives represent the interests of the People & make laws. Our Judiciary is independent and our Constitution is Supreme.” 

Justice Sodhi had recently claimed during an interview that when the Constitution was drafted, an entire chapter on appointment of judges was included. However, the Supreme Court “hijacked” the Constitution by saying that only the Court itself can appoint judges.

The former High Court judge further said that only Parliament had the right to amend the Constitution. However, for the first time in the history of India, the Supreme Court hijacked the Constitution and said that it would make the appointment of judges by itself and that the government has no hand in it.

Each High Court was an independent body, which was supreme and independent within its respective state. However, when it came to the appointment of its judges, it had to look up to the Supreme Court, which made it subservient to the top court of the country, noted Sodhi, adding that the Constitution never said that High Courts were subordinate courts.

Sodhi further said that the Supreme Court did not have the right to make laws, since it was the prerogative of Parliament. He added that Parliament was the supreme body in a democratic set-up.

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