Collegium system: Arjun Ram Meghwal, a prominent member of the Bharatiya Janata Party (BJP) from Rajasthan, has been appointed as the Minister of State with independent charge for the law and justice portfolio. This reshuffle in the Union council of ministers comes amidst a growing conflict between the government and the judiciary regarding the appointment of judges through the collegium system.
BJP suggest that the transfer of Kiren Rijiju
Unnamed sources within the BJP suggest that the transfer of Kiren Rijiju, the former law and justice minister, can be attributed to the ongoing standoff between the government and the judiciary, including their differing views on the collegium system and the strained relationship between Rijiju and the judiciary.
Arjun Ram Meghwal, who hails from Rajasthan, is set to contest the upcoming elections in the state. He brings a wealth of experience as a former bureaucrat and has been a three-time Member of Parliament from Bikaner. Meghwal is known for his advocacy for environmental causes and his unique mode of transportation, often seen cycling to Parliament. In addition to the law and justice portfolio, Meghwal will also retain his current responsibilities in parliamentary affairs and culture.
On the other hand, Kiren Rijiju has expressed his criticism of the collegium system, labeling it as “opaque” and “alien to the Constitution.” He believes that judges should not have the authority to appoint individuals they are personally acquainted with. While Rijiju maintains that there is no direct confrontation between the judiciary and the executive, he emphasizes that the appointment of judges should be the prerogative of the government, not the judiciary.
Rijiju has stressed the role of the executive branch in judicial appointments, asserting that it is the judiciary’s duty to decide cases rather than appoint judges. The government has indicated its commitment to continuing with the collegium system until an alternative system is established.
The recent cabinet reshuffle and the change in the law and justice portfolio reflect the ongoing tensions between the government and the judiciary over the appointment of judges and the division of powers between the two institutions. The Bombay Lawyers Association has even filed an appeal in the Supreme Court, accusing Rijiju and Vice President Jagdeep Dhankhar of undermining the Constitution through their public remarks against the judiciary and the collegium system.
In conclusion, the appointment of Arjun Ram Meghwal as the Minister of State with independent charge for the law and justice portfolio, along with the removal of Kiren Rijiju, highlights the persistent discord between the government and the judiciary over the collegium system and related issues.
The decision to assign Arjun Ram Meghwal the law and justice portfolio as an independent charge brings attention to the ongoing dynamics between the government and the judiciary. With the reshuffle in the Union council of ministers and the replacement of Kiren Rijiju as the law and justice minister, it is evident that the confrontations surrounding the collegium system for appointing judges have played a significant role in this decision.
Speculation has arisen regarding Rijiju’s transfer, with a senior BJP leader anonymously suggesting that the standoff over various factors, including the collegium system and the strained relations between Rijiju and the judiciary, might provide an explanation. This indicates that the government’s decision reflects the need to address the issues and concerns that have arisen from this contentious relationship.
Rajasthan, a state that is currently heading into elections collegium system
Arjun Ram Meghwal’s appointment to the law and justice portfolio carries added significance due to his political background and his association with Rajasthan, a state that is currently heading into elections. As a well-known face of the BJP and a three-time Member of Parliament from Bikaner, Meghwal brings not only his political experience but also his commitment to environmental causes, which he has championed over the years. His reputation for cycling to Parliament further highlights his dedication to sustainability and his distinctive approach to public service.
Meanwhile, Kiren Rijiju has been vocal in his criticism of the collegium system, expressing his belief that it is an opaque process that does not align with constitutional principles. He argues that judges should not have the authority to appoint individuals they are familiar with, highlighting the need for transparency and impartiality in the selection process. Rijiju maintains that there is no direct confrontation between the judiciary and the executive, emphasizing that the appointment of judges should be the responsibility of the government rather than the judiciary.
In reaffirming the role of the executive branch in judicial appointments, Rijiju asserts that the primary function of the judiciary is to decide cases, not to appoint judges. He reiterates the government’s commitment to following the collegium system until an alternative mechanism is established. This indicates a recognition of the need for a new system while acknowledging the importance of a smooth transition to ensure the effective functioning of the judiciary.
The dispute between the executive and the judiciary over the collegium system has not been without its consequences. The Bombay Lawyers Association has taken the matter to the Supreme Court, urging action against Rijiju and Vice President Jagdeep Dhankhar for their remarks criticizing the judiciary and the collegium system. The Association alleges that their conduct and public statements demonstrate a lack of faith in the Constitution and, therefore, disqualify them from holding constitutional positions.
The ongoing confrontation between the executive and the judiciary has been a subject of concern, with various statements and actions indicating the division of powers and disagreements over the selection mechanism for judges. The relationship between the two branches of government has reached a critical juncture, necessitating careful consideration and resolution to ensure the integrity and independence of the judiciary while preserving the government’s role in the appointment process.
In conclusion, the appointment of Arjun Ram Meghwal as the Minister of State with independent charge for the law and justice portfolio and the subsequent removal of Kiren Rijiju highlight the deep-rooted tensions between the government and the judiciary surrounding the collegium system. These developments underscore the significance of addressing these issues to maintain a harmonious and effective functioning of the judicial system in India.
