“Some present it like Mahabharata…”: Minister at Center vs Judiciary

New Delhi:

Law Minister Kiren Rijiju on Monday said that there may be differences between the government and the judiciary but that does not mean that both are attacking each other and Mahabharata is going on as is being projected by some people. “No problem between us”.

He asked that if there is no debate or discussion in a democracy then what kind of democracy is it.

Addressing a gathering at the Tis Hazari court complex here on the occasion of Republic Day, he also said that since judges are not elected, they do not face public scrutiny, but people look up to them and the way they deliver justice. Let’s assess them from.

He said that if democracy has to flourish in India, then it is necessary to have a strong and independent judiciary.

He said that if the Supreme Court has some views and the government has some views and if there is any difference between the two views, “some people present it as if Mahabharata is going on between the government and the judiciary”. It is not so.”..there is no problem between us,” he said.

He said that “we” (members of the higher judiciary and government) constantly meet on a daily basis in some way or the other.

He said that he has “live contact” with Chief Justice of India DY Chandrachud on all big and small issues.

He said that it is said in the Bharatiya Janata Party that there can be differences but not differences of opinion.

“We can have a different opinion. Difference of opinion does not mean that we are attacking each other,” he said.

Referring to the letter written to the CJI on January 6, Mr Rijiju said it was a result of a 2015 judgment by a constitution bench of the apex court to supplement the existing memorandum process for appointment of HC and SC judges.

He said it was conveyed that the government wanted to have a representative in the SC collegium.

He asked how he could keep one person in a group consisting of the CJI and four senior judges. He said that there was no “head and tail” in this, but it became a matter of debate with the people as to how the government could place its representatives in the collegium.

Shri Rijiju said that it is because of social media that common citizens question the government and they should do so. The government is attacked and questioned “and we face it”, he said.

He said, “If the people elect us again, we will come back to power. If they don’t, we will sit in the opposition and question the government.”

He said that on the other hand, if a person becomes a judge, he does not have to face election. “There is no public inquiry into judges,” he said.

He said, “… since people don’t choose you, they can’t replace you. But people are watching you – your decisions, the way you pass judgment – people are watching and assessing and forming opinions.” are,” he said.

He said that nothing is hidden in the era of social media.

Shri Rijiju said that the Chief Justice of India had requested him to do something about the attacks on judges on social media. He wanted to know how to control abusive language against judges.

He said that judges cannot argue in public forum as there are limits.

“I have thought what needs to be done. There is a provision for contempt. But what can be done when people comment on a large scale. Where we are facing public scrutiny and criticism on a daily basis. And judges are also facing it.” Same now,” he said.

He claimed that judges nowadays are also a bit careful, because if they give a verdict that will result in a “widespread reaction” in society, they will also be affected because they are also human beings.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)