New Delhi (The Hawk): The Supreme Court informed the Centre on Thursday that the collegium system is the "law of the nation" and should be followed in the midst of the ongoing conflict between the Center and the judiciary over the issue of judge appointment.
Additionally, the Supreme Court stated in response to comments made by government officials about the collegium, "Making comments on the Supreme Court collegium is not very well taken," and instructed Attorney General (AG) R. Venkataramani, who was speaking on behalf of the Centre, "you tell them to control."
The AG was informed by a court panel led by Justice Sanjay Kishan Kaul and composed of Justices Abhay S. Oka and Vikram Nath that the collegium system will continue to be the rule of the land despite the opinions of some groups within society. The bench further stated that adherence to the ruling by the Supreme Court, which established the collegium system for appointing judges, was required.
The AG was told by Justice Kaul, "Should the court stop enforcing these laws because some segments of society disagree with the ones the Parliament has made?
...". The bench continued by stating that there would be a collapse in society if everyone choose which laws to uphold and which laws to disregard.
President of the Supreme Court Bar Association (SCBA), senior attorney Vikas Singh, referenced recent comments made concerning the collegium system by the vice president and the law minister. Justice Kaul predicted that individuals would claim that the Constitution does not provide basic structure tomorrow. The AG was warned by Justice Nath, "Speaking of speeches, Mr. Singh is making remarks about the Supreme Court collegium, which is not a very smart idea. You must order them to maintain control "told the AG Justice Vikram Nath.
According to the AG, there are two occasions in which the highest court collegium itself rejected the names that were repeated and given back by the Center, which led some people to believe that the reiterations might not be definitive.
The bench reacted by saying that since these are isolated instances, the administration cannot be allowed to disregard the ruling from the constitution bench, which unambiguously established that collegium reiterations are binding. It was noted that there is no place for any alternative viewpoint when there is a judgement.
The highest court encouraged the AG to engage in constructive dialogue with the government over the matter of the appointment of judges' delays. The bench stated that while Parliament has the freedom to create laws, it is the court's responsibility to review those laws under the framework of our Constitution.
The top court was deliberating on a contempt complaint brought by the Bangalore-based Advocates Association against the Centre for skipping the deadline for judicial appointments.
(Inputs from Agencies)