In regards to the supposed differences between the judiciary and the executive about the appointment of judges, Law Minister Kiren Rijiju on Thursday in Rajya Sabha stated that differences of opinion are a natural aspect of democracy and that there are methods to find resolution.
The government also declared that 'aspersions should not be cast' on appointment of Victoria Gowri as a high court judge, highlighting that she was selected through a proper process.
𝗚𝗼𝘄𝗿𝗶 𝗮𝗽𝗽𝗼𝗶𝗻𝘁𝗲𝗱 𝘁𝗵𝗿𝗼𝘂𝗴𝗵 𝗽𝗿𝗼𝗰𝗲𝘀𝘀, 𝘀𝗵𝗼𝘂𝗹𝗱𝗻'𝘁 𝗰𝗮𝘀𝘁 𝗮𝘀𝗽𝗲𝗿𝘀𝗶𝗼𝗻𝘀: 𝗚𝗼𝘆𝗮𝗹
When questioned by TMC member Jawhar Sircar regarding whether Gowri's appointment was appropriate despite allegations of making casteist and discriminatory remarks against minorities, Leader of the House Piyush Goyal asked for the chair's indulgence.
"I think there should be some decorum. An honourable judge has been duly appointed through a process. I don't think we, as honourable members here, should be casting aspersions of this nature. I seek your indulgence," Goyal said.
𝗦𝗖 𝗷𝘂𝗱𝗴𝗲𝗺𝗲𝗻𝘁 𝗵𝗮𝘀 𝗰𝗼𝗺𝗲 𝗼𝗻 𝘁𝗵𝗲 𝗶𝘀𝘀𝘂𝗲, 𝘀𝗵𝗼𝘂𝗹𝗱 𝗸𝗲𝗲𝗽 𝗶𝘁 𝗮𝘄𝗮𝘆 𝗻𝗼𝘄: 𝗗𝗵𝗮𝗻𝗸𝗵𝗮𝗿
Three wings of the state have to act in tandem and "we must have mutual respect for them", said Rajya Sabha chairman Jagdeep Dhankhar.
"All three ultimately have to get together to fructify our goals. When it comes to judiciary, with respect to which a judgement of the highest court has already come," Dhankar said.
"I am sure that issue should be kept away."
"I would urge the honourable member to ask his supplementary in a pointed manner keeping in mind the provisions that judicial situations have to be addressed in a delicate manner," he added.
The Chairman informed the TMC member that they were referring to a person who is not a member of the House.
"You are making reference on which the honourable President has issued a warrant of appointment and the Supreme Court has already taken a view on that," Dhankhar said.
𝗥𝗶𝗷𝗶𝗷𝘂 𝗮𝗴𝗿𝗲𝗲𝘀 𝘄𝗶𝘁𝗵 𝗖𝗵𝗮𝗶𝗿𝗺𝗮𝗻 𝗼𝗻 𝗚𝗼𝘄𝗿𝗶 𝗶𝘀𝘀𝘂𝗲, 𝘀𝗮𝘆𝘀 𝗱𝗶𝗳𝗳𝗲𝗿𝗲𝗻𝗰𝗲𝘀 𝗽𝗮𝗿𝘁 𝗼𝗳 𝗱𝗲𝗺𝗼𝗰𝗿𝗮𝗰𝘆
Agreeing to what the chairman had said, Law Minister Kiren Rijiju said: "You have very rightly made the observation that there are certain sensitive matters which you have to bear in mind when we speak in this august House."
In response to a query posed by Mr. Sircar about any differences between the judiciary and the executive regarding the appointment of judges, Rijiju stated that the former senior bureaucrat "is not expected to be told about the rules, regulations and decorum".
"In a way, if there are differences in opinion, that is very much a part of democracy. Within a family, within political parties, there are differences of opinion. When there are differences of opinion, there are ways to find solutions to that also. His question was not anything which he wanted to know from the government in terms of any figures or facts," the Law Minister stated.
When Mr. Sircar claimed that the minister did not answer his specific question about differences, Mr. Rijiju responded by mentioning that there are 210 vacancies in various high courts.
"Once the names are recommended by the three-member Collegium in the high court, then it proceeds as per laid down procedure in the memorandum of procedure. We have not received the proposal on these 210 vacancies, so there is no question of any sharp differences," Kiren Rijiju.
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