Former civil servants in an open letter on Thursday criticised Law Minister Kiren Rijiju for numerous of his remarks which, they stated, constituted a concerted assault through the authorities at the collegium machine of appointments and on judicial independence. The open letter, signed through ninety former bureaucrats, argued that maintaining the independence of the judiciary is non-negotiable, and any signal of government overreach can not be established in a democracy.
“We write to you nowadays in reaction to remarks you made on numerous events and really currently on the India Today Conclave on March 18, 2023. Your statements that day are the contemporary in what’s rising as a concerted assault through the authorities at the collegium machine of appointments, the Supreme Court of India and, ultimately, on judicial independence. We unequivocally condemn this onslaught,” the letter stated.
In the appointment of judges to the High Courts and Supreme Court it seems that it’s miles the authorities this is stonewalling appointments, it stated.
“Names forwarded through the collegium are left pending for years, handiest to be ultimately lower back with out approval. Candidates with outstanding careers marked through their dedication to due manner and to constitutional norms are became down through the authorities,” stated the letter, written through the previous civil servants below the banner of Constitutional Conduct Group.
Rather than have interaction constructively with the Supreme Court and collegium, excessive workplaces of the government inclusive of yours, and that of the Vice President, have replied with venomous barbs, it stated.
The authorities`s persisted refusal to simply accept a few applicants can handiest supply upward push to the suspicion that the underlying aim is to create a pliant judiciary, the letter stated.
“We are confused through your repeated criticisms of the Supreme Court collegium even as concurrently declaring that there has been no disagreement among the authorities and the Supreme Court. To the common Indian, there does, indeed, appear to be a disagreement,” it stated.
It isn’t anyt any wonder that retired judges, senior lawyers, and specialists had been expressing extreme issue withinside the public area at the pressing want to shield judicial independence, the letter stated.
Former Lieutenant Governor of Delhi Najeeb Jung, former domestic secretary G K Pillai, ex-overseas secretary Sujatha Singh and previous fitness secretary K Sujatha Rao are amongst ninety signatories to the open letter.
“The manner of figuring out judicial appointments is going to the coronary heart of this independence. It is a testomony to their dedication to the organization that retired judges of the Supreme Court and High Courts aren’t mute spectators to abrasive assaults at the judiciary,” it stated.
“Yet you haven’t hesitated to name them anti-India and feature said that some retired judges are running in tandem with activists, groupings you defined as ‘anti-India gangs’ and trying to steer the judiciary to ‘play the position of an Opposition party’,” the letter stated.
The bureaucrats additionally took exception to Rijiju’s statement that the authorities will take strict motion towards “the ones who’ve labored towards the country.” “It appears to us which you are perplexing the authorities with the country, construing complaint of the authorities as disloyalty to the country. You appear to agree with that if someone disagrees with the perspectives of the authorities, this is sufficient to completely label her or him as ‘anti-national’,” they stated withinside the letter and accused the Centre of seeking to suppress dissent with punitive actions.
“As the Law Minister, when you have worries approximately critiques being expressed or discussions taking location in public fora, you may avail of more than one systems and approaches to respond, starting with inviting dialogue,” the letter stated.
To label public-lively residents as an “anti-India gang” and threaten them with motion in order to exact “a price” earrings of authoritarianism, and “unbecoming of your excessive post”, the letter read.
The former civil servants stated they comprehend that there may be want for persisted deliberations on approaches to enhance the contemporary machine of judicial appointments, to deepen transparency, and the rigour of the manner as additionally variety among appointees.
“We finish through reminding you of a easy however cardinal truth: all organs of the State are sure through the Constitution of India and a authorities, without a doubt due to the fact it’s miles in a majority, can not journey roughshod over Constitutional provisions concerning the separation of powers among the government, the legislature and the judiciary. By doing so, you breach your personal oath of office,” it stated.