Supreme Court rejects the plea against Jagdeep Dhankhar and Kiren Rijiju for their remarks on judiciary and Collegium System for appointment of judges

Today, the Supreme Court bench refused to entertain the plea of the Bombay Lawyers Association (BLA). They had moved the top Court against the February 9 order of the Bombay High Court dismissing their plea stating that it was not a fit case to invoke the writ jurisdiction under Article 226 of the Constitution of India. While dismissing the plea, the High Court said, “We are not inclined to grant any relief. The petition is dismissed. Reasons would be recorded later.” The plea was against Vice President Jagdeep Dhankhar and Union Law Minister Kiren Rijiju over their remarks on the judiciary and Collegium System for the appointment of judges. The matter was listed for hearing before a two-judge bench of the Supreme Court including Justice Ahsanuddin Amanullah and Justice Sanjay Kishan Kaul. BLA claimed that two executive officials showed a lack of faith in the Indian Constitution with their conduct and remarks. The lawyer's body mentioned in their appeal that it is a “frontal attack not just on the judiciary but the Constitution.” 

Kiren Rijiju addressed the Collegium System of appointment of judges as “opaque and not transparent” whereas another one questioned the landmark judgment of 1973, Kesavananda Bharti Case (that gave basic structure doctrine). The Vice President said that the landmark verdict given by a bench of 13 judges said that the verdict set a bad precedent. He also highlighted that if the parliament has the authority to amend the Constitution then it would not be adequate to say ‘we are a democratic nation’. The petition filed said that “It is submitted that the petitioner herein filed the PIL before the High Court of Judicature at Bombay preying therein to declare the Respondent no. 1 and 2 as disqualified candidates to hold any constitutional posts of Vice President and Minister of the Union Cabinet, respectively, based on their behavior, and conduct and utterances made in public.” 

Vice President Jagdeep Dhankhar, at an event, said “In 1973, a wrong precedent (galat parampara) started. In 1973, in the Kesavananda Bharati case, the Supreme Court gave the idea of the basic structure saying Parliament can amend the Constitution but not its basic structure. With due respect to the judiciary, I cannot subscribe this.” On the other side, Kiren Rijiju, while speaking at an event organized by the Bar Council of Maharashtra and Goa said, “It is a misunderstanding that the government is trying to put any kind of pressure on the judiciary. We are not only maintaining the judiciary’s independence but working to strengthen it.”