Justice Sanjay Kishan Kaul, presiding over the single bench, wondered whether the recommendations were being withheld because of the government’s dissatisfaction with the implementation of the NJAC. He said that “the issue is that the names are not being cleared.
The Supreme Court today left no stone unturned in expressing displeasure with the Center for sitting on the repeated offers by the collegium to appoint him as chairman. The Supreme Court observed that there has been a delay of months by the Center in considering the appointment of judges proposed by the collegium. The Supreme Court remarked that the government appears to be unhappy that the NJAC has not passed the constitutional muster. The Supreme Court asks the Attorney General and Solicitor General of India to ensure that the law of the land as laid down by this Court is followed.
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Justice Sanjay Kishan Kaul, presiding over the single bench, wondered whether the recommendations were being withheld because of the government’s dissatisfaction with the implementation of the NJAC. He added that “the issue is that the names are not being cleared. How does the system work? We have expressed our anguish… It appears that the government is not happy that the NJAC has not passed the muster.” Could this be the reason for not clearing the names?
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The remarks came soon after Law Minister Kiren Rijiju criticized the collegium system at the Times Now Summit, where he said that the collegium system is at variance with the Constitution of India and is not supported by the people of the country and that the government will decide on the names recommended by the collegium. Mere signature/approval cannot be expected. Justice Kaul said that people may have objections regarding the law (collegium system). But as long as it stands, it is the law of the land.