‘Law Minister's Ideas About Choosing Judges"Unacceptable"; But SC Must Enforce Collegium Decisions’
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- เผยแพร่เมื่อ 17 ม.ค. 2023
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In a detailed interview about the suggestions made by Law Minister Kiren Rijiju to the Chief Justice of India about how judges for both the High Courts and Supreme Court should be chosen, one of India’s most highly regarded former Supreme Court judges and a former member of both the Supreme Court Collegium and High Court Collegiums has said that the Law Minister’s suggestions are “unacceptable” and they would, if implemented, “damage and undermine the independence of the judiciary”. Justice Madan Lokur has also said that the justification given by the Law Minister for his suggestions - i.e. that the Supreme Court judgement of 2015 “directed to restructure the Memorandum of Procedure of the Collegium system” - is “flawed”. Finally, Justice Madan Lokur has also strongly criticized the Supreme Court for failing to do enough to defend and enforce the Collegium’s decisions. He called this repeated failure “unacceptable”.
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The Wire Is doing great job; You guys are serving our Democracy by giving citizens the true picture of whats happening in our country… more power to you…
Superb interview. The details of the collegium has been explained so beautifully which has been understood by all of us now. Thanks to Mr Thapar and justice Lokur.
🤔 My God... 'Raja' of our country totally controlled this Judiciary system... 1st save our Democracy! Brave journalist Karan sahib.. take care!
The amount of quality is undeniable ,goes both by content and person ...Thank you very much,🙏
Well said, Sir. This stinks. I do hope it is clear to all that this is a conflict of interest, as the govt is the biggest litigant, and govt nominees can hardly have the qualification to choose a judge. We do not appreciate ministers trying these stunts which would weaken our judiciary.
Judiciary has already collapsed. 🙄
SC judges are corrupt and unaccountable to the Indian public
The collegium system is a total disaster. Look at the no of pending cases. It has has to be done away with immediately
Please add vice president too. Jaideep Dhankar was a disgrace as a governor, now he is not being very vice presidential.
@@sanjayshastry2436 I didn’t follow him as a governor so I can’t comment but it is the Supreme Court’s duty above everyone else to protect the constitution but instead it shows total contempt for it. So if the VP was exceeding his powers as governor and it went to court and the judiciary itself disregards the constitution then how can there be justice?
Excellent, 👍👍👍karan
Very well elucidated. Judiciary needs to be independent of any influence or interference.Already other public institutions are loosing its sheen on the point of Ccountability and acting as executive personality.
Well elaborated and asked the important topic around the country.
I'm quite enlightened by this two gentlemen 🙏
Sir, your interviews are always interesting. At least I will never forget the one with the CEO of India Govt. I can't resist myself from laughing where he was vertually trembling to get out from your clutches.
Just excellent and so clear to me as a layperson! Listening to this interview I'm hoping our precious CJI and judges will show unity of strength!👏👏👏🙏
That’s why I subscribe to Wire … wonderful interview as usual
I admire the love of deep-work and fast rhythm Karan displays. Truly enjoying his profession.
Reminds me of appointment of Residents by the East India Company many many years ago.
Highly illuminating conversation.I would opine that's such discussions are an eye opener for all of us in the country. Efforts of Govt to control judiciary in a democratic set up, as evident from the ongoing tug of war between Govt and judiciary amounts to muffling our constitutionally granted freedom.
Justice Lokur was and has been a lion of a Judge ..... Fearless and uncompromised
Exactly right what honorable ex judge has said,we agreed the view
Long Live Karan Thapar ......
Good to see you again, as I am seeing “The Wire” for the first time. I had listened to your interviews long back and was very much impressed with it, particularly with your ability to understand each and every issue before it is discussed. Keep going. Best wishes. R R Pillai.
You are an icon in your domain. Your interviews are informative, and engaging and seek to clarify even esoteric topics and make them easy to assimilate. It is always a pleasure to listen to you.
This method of checking should be made MANDATORY FOR POLITICIANS AND PEOPLES REPRESENTATIVES
AND are these representatives educated enough,knowledgable enough to "JUDGE" HIGHLY EDUCATED JUDGES.
What a shame
Where is it written in constitution.
Excellent analysis 👐
Judiciary in India needs reform. Getting justice is very costly affair, which no poor man can afford. There are large no. of pending cases in courts. Only dates are given, no justice. Wire should discuss those aspects.
Government must form a committee consisting of CJI and other 2 senior judges of Supreme Court for appointing Governors.
Wonderful.interview. deep. dialogue... always exceptions don't make the rule...
Excellent interview by Karen thaper ji ,bold interview which expose so many points.
Further justice Lokur must be congratulated for his bold opinion. He Is learned personality with professional outlook.
A very great and engrossing discussion Both Thapar and Lokur are gigantically knowledgeable in their realms of debate Sheer delight to be apart of it
There should be a competitive exam for appointment of Supreme Court judges. The exam should be conducted by a body consisting of Supreme Court judges, academics and government representatives, but the government representatives being in minority.
The best way is to make a data of, where the Advocate practicing in the High Court has appeared in extra ordinary case and has been able to persuade the Judge to write the judgement in his favour by his argument interpreting the law, which has also been upheld by the Supreme Court in case it has gone to it. There is also whisper, that collegium also choose their blue eye Advocate, and the Judges who are in good relation with the CJ gets the particular name passed by the collegium, So to make it transparent the data of cases as discussed above, and accompanied by the criteria of Advocate who has done pro-bono service be considered. The minutes of the collegium meeting should be available to the public under the RTI Act. When a citizen can criticise the decision of PM or CM, why cannot the decision of CJ or CJI be criticized. The freedom of speech cannot be only against legislature but also against the Judiciary. It will strengthen the democracy in true sense.
Conflict of interest should be avoided by all possible negotiations. Wonderful discussion everyone should watch this. 🙏🏻🇮🇳❤️
You are absolutely correct the Supreme court must be independent body without insolvent of government sir
Is he suggesting that unless you have known someone for 10-20 years, you cannot judge his suitability for a position? If that is the case, we should as well abolish the UPSC, and select IAS and IPS etc, from the families known to the people at the helm of the bureaucracy. The words of Justice Lokur would have been far more convincing only if the collegium had maintained the highest degree of objectivity in its functioning. Unless the judiciary accepts that the collegium system lacks objectivity and fairness, and takes remedial measures to address the same, this debate will not rest.
It is bold and fantastic. Supreme Court must be Supreme as the word itself speaks
Why don’t they discuss this theme comparatively 😂 why not discuss how this issue is handled in the US for instance?
Karan, we all love you for your upright and honest videos.👍👍
Thanks to Hon jistic Lakur and Karan for showing trueth to Infians
Outstanding
Collegium should be transparent and should have it's minutes and should come under RTI
भारतीय न्याय व्यवस्था और उच्चतम न्यायालय सबसे भ्रष्ट और भाई भतीजावाद व्यवस्था है. यहां पर समय से न्याय मिलने की उम्मीद बहुत कम है और गरीब को तो न्याय मिल ही नहीं सकता. हां कोई भी टिप्पणी होने पर वह टिप्पणी करता को सजा जरूर दे सकते हैं
ये लोग अभी भी भारत को साँप संपेरों का देश समझ रहे हैं। अंग्रेज़ी खाने और वमन करने वाले वक्त का सम्मान करना सीखें। जो भारतीय भाषाओं का सम्मान नहीं करेगा उसे जाना ही होगा।
My highest respect to both of eminent personalities.
Collegium is not people's representative but parliament is. So we the people of India would like to give a new constitution to ourselves to meet our today's aspirations
Very informative discussion.
It would good to increase awareness if conducted in Hindi also
The problem of nepotism and favouritism in supreme court and high courts comes from inteherent castism and religious biasedness leading to lack of diversity. The court should refrain from recommending relatives to bar and benches to a much higher degree e.g. it is reduced to less than 10%. The courts should increase transparency at each levels of decision making so that moral pressure of learned citizens and academicians act on them. The time frame at each process even for government should be fixed so that every appointment or judicial decision is speeded up.govt should bring a law for Indian judicial services exam at the earliest.
There is no provision of collegium in constitution and by isisting on using this system, Supreme court is following an unconstitutional practice but the people of India has no way to challenge the Supreme court. Change in collegium is a must and a law should be enacted so as NEPOTISM is eliminated.
Wire channel is a trusted one,putting forth the defaults of govts & bring awareness.
Great,crystal clear explanation.
Only sincere people can speak out, and Ex CJI Lokur is one among them.
Collegium of 3 judges is top small, as this is very important appointed, hence it should be enlarged to maximum possible to reduce favouritism or bias in selection
I salute former Chief Justice who stands tall and strong for the constitution.
I feel on contrary supreme court must consulted on appointment of Law Ministers who should be properly qualified to deal with such important ministries.
Very well explained...very reasonable too..thank you sir for being an eye opener
A total control of judiciary may be achievable once the initial candidate pool is controlled. Brilliant as demonetization. And a big-step towards Amrit-kaal.
Yes Justice Lokur. Absolutely agree with you.
In the Westminster model of parliamentary government that we've adopted the executive, being a majority government, already happens to dominate the legislature by design, the judiciary is, especially when the media is in the hands of corporate friends of the government, the only Bulwark to safeguard our hard earned democratic institutions and the constitution in particular!
A radical soln to the problem will be to put the HC & SC judges appointment to a vote in a joint sitting of the parliament.
We should recruit judges through NJAC or UPSC and not through anyone's personal level without any known criteria...
Very good and informative discussion
Dept of justice though under Law Ministry, should not it be independent of the government in decision making?
Very well commented Lokur sir. What about Vice President's comments? Do his comments not interfere with the basic structure of the constitution?
Thanks to Karan and Justice Lokur for the wonderful presentatikon. As said by the dignified Lokur he is very correct and there are many reasons. The ruling Government is represented by a single Party or group of Parties which will have the top most importance and priorities to the Political Party first and then only to the Nation. So the importance of the Nation first takes a back seat here. There has never been any interefence by any Govt. so far but only now we can see the Government trying to poke their nose into a different domain. This does not hold good for the country. Once again thanks to the Wire for the nice presentation.
Thanks!
If Govt sits for a certain time it should be considered that Govt has approved and appoint the judges.
There should be representation of judiciary in appointment of ministers , CAG , AG , RBI Governor , Governers , CBI , ED and others bodies
🤣🤣
Modi Govt is trying to control the Judiciary. means the country is heading towards ,Dictatorship. Our Democracy is in peril.Bjp hatao,Desh Bachao.
Karan, it’s almost like you have become much much mature enough with the passage of time and hence the experience in your field looking the things as an expert and doing an excellent job here .
It is difficult to agree that attack on SC is attack on Constitution. It is similar to saying that attacking govt is attack on Constitution and attack on nation.
What Ex judge says is absolutely right. No one above the constitution. Constitution, SC, legislative. this is the system. No overtaking the constitution and SC. Legislative should obey the Law.
It is against the directive principles of constitution which say that the judiciary must be made independent from the executive . Also a threat to the independence of judiciary.
In my humble opinion, d Govts shd not be allowed to appoint Judges in d High Court & Supreme Court
So If Judiciary act contempt of court against Law minister. Tomorrow Judiciary may act contempt of court against PM, CM also who are democratically elected by people and they are ultimately accountable to parliament by opposition and political parties are accountable to people by facing elections.. i really don't understand how can Judiciary I mean collegium don't have transparency and accountability.. and Judiciary is facing corruption charges and Favouritism led to nepotism... In any where in world even highly developed and democratic countries like USA, UK , European countries which doesn't have "Judges appointed by judges " = collegium system..
I totally understand independence of judiciary is essential and healthy for democracy and to protect the constitution.. In My opinion NJAC like structure in which judiciary has to be majority say will b good n unique to India and lead to good example to world..
Great। An interview worth preserving!
The evaluation committee is needed more to evaluate the ruling party and and all its activities and achievements in making life better or worse for the people.
We still remember Justice Loya.
The law minister is out of his senses.The recommendation made by him states it. It seems that the concerned minister doesn't even know the Constitution properly, Constitution makers has made every possible attempt to keep judiciary independent and this goverment wants a representative to be appointed in judiciary.
I appreciate very much the closing suggestions of Karan Thapar to punish the Ministers for contempt of court.
So If Judiciary act contempt of court against Law minister. Tomorrow Judiciary may act contempt of court against PM, CM also who are democratically elected by people and they are ultimately accountable to parliament by opposition and political parties are accountable to people by facing elections.. i really don't understand how can Judiciary I mean collegium don't have transparency and accountability.. and Judiciary is facing corruption charges and Favouritism led to nepotism... In any where in world even highly developed and democratic countries like USA, UK , European countries which doesn't have "Judges appointed by judges " = collegium system..
I totally understand independence of judiciary is essential and healthy for democracy and to protect the constitution.. In My opinion NJAC like structure in which judiciary has to be majority say will b good n unique to India and lead to good example to world..
I applaud My Godly Justice Shri. Madan Bhimarao Lokur Ji and eminent journalist Shri Karan Thapar Ji and the Honorable The Wire. Sincerely, ramakrishna.
Constitution had laid down consultation with SC and not concurrence. Not by mistake, not just in the flow, it was well debated in Constituent assembly. One word completely changes the appointment process.
Legislature is supreme. Not constitution and certainly not judiciary and executive. There can be one or two elected members from the loksabha to remain in the collegium. Trackrecord/ performance of the judiciary has invited this situation where it is public openion that serious reform is necessary in judicial administration like reforms are necessary in executive and legislature. Where is transparency and how will a judge be judged and stopped from not exercising restraint and going overboard ? How will a failed judicial administration be administered ? There is confusion in public mind about judiciarys functioning. 🙏🏻
Thank you very much for enlightening us
Karan comes well prepared and it seems Justice Lokur didn’t expect questions on alleged nepotism in judiciary.
Government is a major party in most of the cases. It is against the basic rules of justice to appoint a judge by the party.
Thanks
Who you are to decide on judges appointment.It is like a jackel claiming to rule over the Jungle
Yeah keep the populace wrapped in technicalities rather than finding a way in between.
Last line of defence for a democracy is the Supreme Court. No other institute, in present day has same legitimacy in public opinion than supreme court. As all other institutions who are supposed to hold the government accountable and in check are working with the government.
Govt of India gets recommendation but Supreme court thinks that Govt should always concur with their opinion. Judges are supposed to be appointed by President. The appointing authority must be considered the highest decision maker and collegium opinion can not be considered a binding on President. This is what Supreme court is not ready to accept.
Many believe that there is no contempt involved in administrative matters of SC. Contempt arises only in court room
Excellent Enterprising Emerging Evolving Endeavor 🌹 💐 🤝 🙏
Even if the Government is the main litigant, it does not mean it has a personal interest in all the cases. In 99℅ of the cases, the ruling party has no interest. It is a mere formality in most cases filed by or against the state.
While govt interference in judicial appointment is not desirable, Collegium has constantly been accused of nepotism. Why High court pick judge nominee arbitrarily ? Why they can not define the criteria for appointments and advertise high court vacancies and let interested persons apply and then the collegium should select on the basis of their education, experience and interview as it happens for any job ?
Pl make a rule that the proposed judge should not be a relative of collegium members...
Desperate times demand desperate measures. Hats off to CJI 🙏.
What matters for people is what is in original constitution, nobody else matters.
Killing independence of Judiciary by Legislators will harm Democracy both at Union and State level …ruling like Ayodhya, Raffael , Demonetisation etc will be ridiculous for our Country ..
What a mandatory discussion thanks all
Why encroach and question the veracity of capability of judges upon whom trust is intentionally reposed by the Constitution? Are these the people who have sworn commitment to the Constitution? Isn’t this revulsive?
Government say in selection of judge is bad but CJI's say in selection of election Commission chief is good. Oh the hypocrisy.
The intention of the government is just to make the authority of an authoritarian govenment in the selection process, nothing else...what role an outsider have in the process, what is he going to evaluate and how is he going to evaluate...
These judge's cannot proceed with contempt as they themselves mired in controversy
In collegium who so ever be the members,the only request is to finilise the selection , follow the policy of reservations to make the committee more transparent and socially responsible.this will help to become more fair to each and every Catagary as per the guidelines of constitution.
Make sure to implement reservation policy to avoid the charges of discrimination while making the justice to the society.
And why Supreme court give advice where suppose to give orders.
even after third time reiteration if govt has not made appointments, what the SC is doing ? secretary can be made scapegoat for contempt of court? then secretary post in dept of justice will fall vacant for years 😇