BOOM

Trending Searches

    SUPPORT
    BOOM

    Trending News

      • Fact Check 
        • Fast Check
        • Politics
        • Business
        • Entertainment
        • Social
        • Sports
        • World
      • Law
      • Explainers
      • News 
        • All News
      • Decode 
        • Impact
        • Scamcheck
        • Life
        • Voices
      • Media Buddhi 
        • Digital Buddhi
        • Senior Citizens
        • Videos
      • Web Stories
      • BOOM Research
      • BOOM Labs
      • Deepfake Tracker
      • Videos 
        • Facts Neeti
      • Home-icon
        Home
      • About Us-icon
        About Us
      • Authors-icon
        Authors
      • Team-icon
        Team
      • Careers-icon
        Careers
      • Internship-icon
        Internship
      • Contact Us-icon
        Contact Us
      • Methodology-icon
        Methodology
      • Correction Policy-icon
        Correction Policy
      • Non-Partnership Policy-icon
        Non-Partnership Policy
      • Cookie Policy-icon
        Cookie Policy
      • Grievance Redressal-icon
        Grievance Redressal
      • Republishing Guidelines-icon
        Republishing Guidelines
      • Fact Check-icon
        Fact Check
        Fast Check
        Politics
        Business
        Entertainment
        Social
        Sports
        World
      • Law-icon
        Law
      • Explainers-icon
        Explainers
      • News-icon
        News
        All News
      • Decode-icon
        Decode
        Impact
        Scamcheck
        Life
        Voices
      • Media Buddhi-icon
        Media Buddhi
        Digital Buddhi
        Senior Citizens
        Videos
      • Web Stories-icon
        Web Stories
      • BOOM Research-icon
        BOOM Research
      • BOOM Labs-icon
        BOOM Labs
      • Deepfake Tracker-icon
        Deepfake Tracker
      • Videos-icon
        Videos
        Facts Neeti
      Trending Tags
      TRENDING
      • #Operation Sindoor
      • #Pahalgam Terror Attack
      • #Narendra Modi
      • #Rahul Gandhi
      • #Waqf Amendment Bill
      • #Arvind Kejriwal
      • #Deepfake
      • #Artificial Intelligence
      • Home
      • News
      • Judicial Vacancies Main Cause for...
      News

      Judicial Vacancies Main Cause for Pendency In Cases: Law Minister In RS

      Centre has no plans to reintroduce the NJAC; however the NJAC Bill 2022 was introduced in the upper house by way of a private member bill.

      By - Ritika Jain |
      Published -  15 Dec 2022 6:19 PM IST
    • Boomlive
      Listen to this Article
      Judicial Vacancies Main Cause for Pendency In Cases: Law Minister In RS

      Judicial vacancies are one of the leading causes for the rising pendency in cases, Law Minister Kiren Rijiju told the Rajya Sabha as he doubled down on his criticism of the collegium system. "The delay in appointment of judges is one of the main reasons for the almost "five crore" pending cases, Rijiju said during Question Hour in the upper house.

      The ongoing tiff between the Executive and the Supreme Court has intensified over the last few weeks with both sides exchanging barbs in court and in public.

      The government has limited say in filling judicial vacancies. The Centre does not have the authority to look for judges beyond those recommended by the collegium, Rijiju added. The government is doing all it can to tackle pendency, he said, adding that until the procedure for appointments is changed, questions regarding pendency and vacancies will be raised.

      "I don't like saying this, but I feel we are unable to work as per the sentiments of the house and the people's will…," Rijiju added. "I don't want to comment on the court too much, otherwise it will come across as government interference," the law minister said.


      Rijiju was responding to Congress MP Rajiv Shukla's query on how the government planned to resolve the crisis between the Executive and the judiciary on judicial vacancies.

      The judiciary says the government is not clearing its recommendations while the government says the collegium system should be like the now-scrapped National Judicial Appointments Commission (NJAC) where everyone has a say in the recommendation of judges, the Chhattisgarh MP said recapping the dispute.

      "Yeh jhagda bhi bahut jabardast chal raha hai," Shukla said.

      When the Winter Session commenced on December 7, Vice President Jagdeep Dhankhar said the Supreme Court undid a "historic parliamentary mandate" in October 2016 when it struck down the NJAC. A week later, while hearing a matter on the delay in the appointment of judges, Justice Sanjay Kishan Kaul—the senior most Supreme Court judge after Chief Justice of India (CJI) DY Chandrachud—said NJAC (which replaced the collegium system) did not pass judicial muster and the government must "follow the law of the land".

      Also Read:'Historic Parliamentary Mandate Undone By Supreme Court': Vice Prez on NJAC

      Government has limited authority in the appointment of judges: Rijiju

      Law Minister Kiren Rijiju today told the Rajya Sabha that the government had taken many measures to reduce vacancies; however, till the process to appoint judges was not cleared, issues on judicial vacancies would keep cropping up.

      Addressing members of the upper house, the law minister said that according to the constitution the government had outlined the process and had the right to appoint judges in consultation with the court. "This changed after 1993," he said referring to the Second Judges case which introduced the collegium system.

      The Supreme Court through its verdict in the 1993 Second Judges case introduced the collegium system. The three judges' cases—First Judges Case (1981), Second Judges Case (1993) and Third Judges Case (1998)—have collectively developed, evolved, and upheld the process for appointment of judges in the higher judiciary and principle of judicial independence.

      Rijiju said the Centre has repeatedly written to the CJI and other high court chief justices to immediately recommend names to fill vacancies. "We have asked the collegium to recommend "quality" judges and ensure there is diversity in the recommendations especially women, the law minister said.

      Also Read:Collegium System Law of the Land, Don't Delay Appointments: SC To Govt

      No plans to introduce NJAC: Law Ministry

      Even as it continues to lament its loss, the Centre told the Parliament that "at present, there is no such proposal" to re-introduce the NJAC—its flagship law on the appointment of judges—which was struck down by the Supreme Court in October 2016.

      Law Minister Kiren Rijiju on December 9 was responding to a query posed by Leader of Opposition (LoP) Mallikarjun Kharge and CPI (M) MP John Brittas who asked if the Centre planned to introduce the NJAC with suitable modifications.

      However, days later on December 11, CPI(M) MP Bikash Ranjan Bhattacharyya introduced The National Judicial Commission Bill, 2022 by way of a Private Members Bill in the upper house.

      AAP MP Raghav Chadda opposed the bill arguing that the government wanted "to capture the only pillar of democracy that is keeping its dictatorial tendencies in check". Interference of political class in the appointment of judges would jeopardize the independence of the judiciary which is part of the 'basic structure' of the Constitution, Chadda tweeted.

      Opposed the introduction of The National Judicial Commission Bill, 2022 by way of a Private Members Bill in Parliament.

      Interference of political class in appointment of judges would jeopardize independence of judiciary which is part of the 'basic structure' of the Constitution pic.twitter.com/fdFrqgcSbr

      — Raghav Chadha (@raghav_chadha) December 9, 2022

      Tags

      Rajya SabhaAppointment of JudgesSupreme Court Of India
      Read Full Article
      Next Story
      Our website is made possible by displaying online advertisements to our visitors.
      Please consider supporting us by disabling your ad blocker. Please reload after ad blocker is disabled.
      X

      Subscribe to BOOM Newsletters

      👉 No spam, no paywall — but verified insights.

      Please enter a Email Address
      Subscribe for free!

      Stay Ahead of Misinformation!

      Please enter a Email Address
      Subscribe Now🛡️ 100% Privacy Protected | No Spam, Just Facts
      By subscribing, you agree with the Terms & conditions and Privacy Policy connected to the offer

      Thank you for subscribing!

      You’re now part of the BOOM community.

      Or, Subscribe to receive latest news via email
      Subscribed Successfully...
      Copy HTMLHTML is copied!
      There's no data to copy!