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LATEST NEWS UPDATES | Why is there friction between the government and the judiciary? -Krishnadas Rajagopal

Why is there friction between the government and the judiciary? -Krishnadas Rajagopal

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published Published on Dec 12, 2022   modified Modified on Dec 15, 2022

-The Hindu

What is the trigger for the current conflict? Why did the Supreme Court strike down the law on National Judicial Appointments? What is the government’s grouse against the Collegium system? What is the new CJI planning? 

The story so far: A major confrontation is on between the Union government and the Supreme Court over the former’s resentment towards the Collegium system of appointments and its push to have a dominant say in judicial appointments and transfers. The government has also started airing its grievance against the invalidation of the National Judicial Appointments Commission (NJAC) by the court in 2015. The current round of conflict has two triggers. One is the government’s repeated public criticism of the Collegium system on the ground that it is “opaque”. The other concerns a ping-pong battle between the Collegium and the government over the names being recommended and reiterated for appointment in constitutional courts.

On October 17, Law Minister Kiren Rijiju shot a salvo at the Supreme Court Collegium, saying they were “preoccupied” with making judicial appointments when their primary job is delivering justice. Mr. Rijiju’s comments came at the fag end of the 49th Chief Justice of India N.V. Ramana’s tenure, which saw the Collegium recommend 363 names for High Court judgeships and 11 names for the Supreme Court. On November 6, Mr. Rijiju complained again on the lack of accountability of the Collegium system and made references to the court striking down the NJAC law, which gave the government an equal say in appointments, in October 2015. His criticism coincided with Justice D.Y. Chandrachud taking over as top judge on November 9 for a two-year tenure.

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The Hindu, 12 December, 2022, https://www.thehindu.com/news/national/why-is-there-friction-between-the-government-and-the-judiciary/article66248739.ece


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