Law Minister Kiren Rijiju replies to Congress MP on Judges' Appointment in Rajya Sabha

The Congress MP KTS Tulsi in Rajya Sabha on Thursday questioned the Law Minister Kiren Rijiju on the recent appointment of judges. In reply, the Law Minister justified the back-and-forth between the government and judiciary on the appointment of five new judges in the Supreme Court. 

The Law Minister, replied, "The Congress MP quoted BR Ambedkar while questioning the judges' appointment. However, we know how the provisions of the constitution were changed, especially in the second judges' case which is known as the 'advocates on records association vs Union of India' case."

"There the vote consultation was transferred and changed as concurrence and further reference was made to seek clarification on the exact meaning of consultation. It was elaborated and expanded in 1998 by introducing the collegium system," he added. 

While questioning the Law Minister, the Congress MP quoted BR Ambedkar, "With regard to the question of concurrence as a CJI, it seems to me that those who advocate the proposition seem to rely implicitly, both on the impartiality of the Chief Justice and the soundness of the judgement. CJI is an eminent person but they also have a sentiment and a feeling of the common man." 

Know more about judges appointment 

After a series of conflicts, CJI DY Chandrachud administered the oath of office to five new judges on February 6, of which three were High Court chief justice and two judges. With their appointment, the apex court now has 32 judges instead of 34 granted by law. 

Five new SC judges are Justices Pankaj Mithal, Sanjay Karol, PV Sanjay Kumar, Ahsanuddin Amanullah and Manoj Misra. The appointment was made on the recommendation of Collegium, which became a major flashpoint of criticism, drawing flak on the mechanism of the judges appointment.