Judiciary vs Executive: Why Supreme Court Wants To Preserve The Collegium System At All Costs

The appointment of judges is back in the spotlight. Law Minister Kiren Rijiju made a series of statements questioning the collegium system. Even the Vice President, in his very first address to the Rajya Sabha, questioned the legitimacy of the Supreme Court ruling, which declared the constitutional amendment setting up the National Judicial Appointments Commission (NJAC) as unconstitutional. There was a sharp reaction from the Supreme Court. Questioning the government’s delay in the appointment of judges recommended by the SC collegium, the court observed that the law declared by it is binding on everyone. The court added that comments on the Supreme Court collegium will not be well-received.

The Supreme Court is undoubtedly right in emphasising that it is responsible for enforcing the Constitution and this means the Constitution as interpreted by the court. As long as the 2015 SC ruling upholding the collegium system for appointment of judges holds the field, the government has to follow the recommendations of the collegium. However, the court may not have sought to quell the debate on the appropriate mechanism for appointment of judges. The appointment of judges is far too important a matter to be left to the
judiciary alone.