The central government and the judiciary are at loggerheads over the issue of appointment of judges.

The central government and the judiciary are at loggerheads over the issue of appointment of judges.

Actually, the Supreme Court Collegium has sent a note to the Law Ministry.

In this, the central government has been warned on the appointment of judges.

In this note, it has been reminded that if the collegium reiterates the recommendation of the name to appoint a judge, then the government will have to give approval.

On the other hand, the government is also batting aggressively on this issue.

Amid a standoff with the Supreme Court on the issue, Union Law Minister Kiren Rijiju insisted last month that the government has a very limited role in the appointment of judges.

Criticizing the collegium system of appointment of judges, Rijiju had said, "It is a matter of concern that there are more than five crore pending cases across the country. The main reason behind this is the appointment of judges. The government has taken several measures to reduce the pendency of cases." took steps,

But the government has a very limited role in filling the vacant posts of judges.

The collegium selects the names, and apart from that the government has no right to appoint judges."

Rijiju also targeted the Supreme Court on Monday, citing comments made by a former judge.

Sharing the video clip of the interview of Justice RS Sodhi, former judge of Delhi Court, he wrote that these are wise thoughts.

Let us inform that in an interview with LawStreet India YouTube channel, RS Sodhi, who gave many important decisions of the country and retired judge of Delhi High Court, said, "Supreme Court has hijacked the Constitution. The Supreme Court has said that we ourselves are judges. Will appoint. Government will have no role in this. As per the Constitution, High Courts are not subordinate to the Supreme Court. Both are independent, but High Court judges start looking towards the Supreme Court and become subordinate in a way." 

Let's know what is collegium system

Collegium, in fact, is the system of appointment of judges in the High Court and the Supreme Court, which has been decided by the Supreme Court.

Under this, along with the appointment of judges in the Supreme Court, the Chief Justice and the appointment and transfer of judges in the High Court, the group of SC Chief Justice and four other most senior judges takes decision.

Talking about the High Court, the appointment of judges here is recommended by the Chief Justice of that High Court and a group of the two most senior judges.

Later these recommendations are reviewed by the Chief Justice and senior judges of the Supreme Court.

Later this name goes to the President.

The recommendations made by the group of judges ie Collegium are sent to the President on behalf of the government.

It is mandatory for the President and the government to accept these recommendations.

By the way, if the government wants, it can request the collegium once to reconsider its recommendation, but if the collegium sends the same recommendation again, then the government will have to accept it.

In other words, the government can only request for reconsideration of any name given by the collegium.

If the collegium again sends it to the government, then it is bound to approve it.

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