Former civil servants just lately criticised Law Minister Kiren Rijiju for a number of of his feedback on the judiciary. The former bureaucrats referred to as it ‘constituted a concerted assault by the federal government on the collegium system of appointments and judicial independence.’ The open letter was signed by 90 former bureaucrats.
The former bureaucrats, argued that preserving the independence of the judiciary is non-negotiable, and any signal of govt overreach can’t be accepted in a democracy.
What the letter said?
“We write to you today in response to comments you made on various occasions and very recently at the India Today Conclave on March 18, 2023. Your statements that day are the latest in what is emerging as a concerted attack by the government on the collegium system of appointments, the Supreme Court of India and, ultimately, on judicial independence. We unequivocally condemn this onslaught,” the letter mentioned.
In the appointment of judges to the High Courts and Supreme Court it seems that it’s the authorities that’s stonewalling appointments, it mentioned. “Names forwarded by the collegium are left pending for years, only to be finally returned without approval. Candidates with distinguished careers marked by their commitment to due process and to constitutional norms are turned down by the government,” mentioned the letter, written by the previous civil servants below the banner of Constitutional Conduct Group.
Rather than have interaction constructively with the Supreme Court and collegium, excessive places of work of the manager reminiscent of yours, and that of the Vice President, have responded with venomous barbs, it mentioned. The authorities’s continued refusal to just accept some candidates can solely give rise to the suspicion that the underlying intention is to create a pliant judiciary, the letter mentioned.
“We are puzzled by your repeated criticisms of the Supreme Court collegium while simultaneously stating that there was no confrontation between the government and the Supreme Court. To the average Indian, there does, indeed, seem to be a confrontation,” it mentioned. It isn’t any shock that retired judges, senior legal professionals, and specialists have been expressing critical concern in the general public area on the pressing must safeguard judicial independence, the letter mentioned.
Former Lieutenant Governor of Delhi Najeeb Jung, former residence secretary G Okay Pillai, ex-foreign secretary Sujatha Singh and former well being secretary Okay Sujatha Rao are amongst 90 signatories to the open letter. “The process of determining judicial appointments goes to the heart of this independence. It is a testament to their commitment to the institution that retired judges of the Supreme Court and High Courts are not mute spectators to abrasive attacks on the judiciary,” it mentioned.
“Yet you have not hesitated to call them anti-India and have stated that a few retired judges are working in tandem with activists, groupings you described as ‘anti-India gangs’ and attempting to influence the judiciary to ‘play the role of an Opposition party’,” the letter mentioned. The bureaucrats additionally took exception to Rijiju’s comment that the federal government will take strict motion towards “those who have worked against the country.”
“It seems to us that you are confusing the government with the country, construing criticism of the government as disloyalty to the country. You seem to believe that if a person disagrees with the views of the government, that is enough to permanently label him or her as ‘anti-national’,” they mentioned in the letter and accused the Centre of making an attempt to suppress dissent with punitive actions.
“As the Law Minister, if you have concerns about opinions being expressed or discussions taking place in public fora, you can avail of multiple platforms and ways to respond, beginning with inviting dialogue,” the letter mentioned. To label public-spirited residents as an “anti-India gang” and threaten them with motion which is able to actual “a price” rings of authoritarianism, and “unbecoming of your high post”, the letter learn.
The former civil servants mentioned they recognise that there’s a want for continued deliberations on methods to enhance the present system of judicial appointments, to deepen transparency, and the rigour of the method as additionally range amongst appointees.
“We conclude by reminding you of a simple but cardinal truth: all organs of the State are bound by the Constitution of India and a government, simply because it is in a majority, cannot ride roughshod over Constitutional provisions regarding the separation of powers amongst the executive, the legislature and the judiciary. By doing so, you breach your own oath of office,” it mentioned.
(with inputs from PTI)
