Terming the Collegium system as the ‘law of the land,’ the Supreme Court on Thursday told the Union government that the same should be ‘followed’ to the teeth.
The Bench headed by Justice Sanjay Kishan Kaul told Attorney General R. Venkataramani and Solicitor General Tushar Mehta during the hearing of a case that just because some sections of the society had expressed views against the Collegium System, it would not cease to be the law of the land.
It further said that the Constitution Bench judgements, which formulated the collegium system for judges’ appointment, must be adhered to.
Stating that there were certain sections of the society which disagreed with the laws made by Parliament, the Apex Court asked the AG, “Should the Court stop enforcing such laws on that ground?”
The Bench then remarked that if everyone in the society would decide which law to follow and which not to, there would be a complete breakdown.
AG Venkataramani contended that there were two instances of the Supreme Court Collegium itself dropping the reiterated names, which were sent back by the Centre and this gave rise to a perception that the reiterations might not be conclusive.
The Apex Court responded by saying that such isolated instances cannot give the government a ‘license’ to ignore the Constitution Bench judgment, which clearly laid down that collegium reiterations were binding. When there was a judgment, there was no room for any other perception, it stated orally.
Expressing resentment over the Union of India’s comments that the Memorandum of Procedure (MoP) for appointment of judges needed a reconsideration, the Bench ruled that the issue was over and the Government could not act as if the matter was still pending.
Taking strong objection to the Centre saying that some Judges made observations against MoP, the Bench asked the AG whether it was logical to latch on to those observations of a few Judges when there was a Constitution Bench decision?
The top court of the country also took objection to some Union Ministers going public with their criticism of Collegium System. The Ministers should exercise caution while making such statements, it said to the AG.
Stating that the Government was not precluded from seeking changes in MOP, the Supreme Court asserted that the issue was not pending. It noted that the fact that the Union government wanted changes in MoP, would not take away the existence of MoP.
“The Bench said that it was important that the law laid down by this Court was followed or else, people would start following a law which they thought was correct.
The Apex Court reiterated its concern that the delay in appointments was deterring meritorious people from joining the judiciary and this was a troublesome situation.
The Attorney General assured the Bench that he will get back after further consultations with the government. The case will be heard again tomorrow after 3 pm.