Judges don't face public scrutiny: Law Minister Kiren Rijiju's fresh salvo in SC vs Centre

In the ongoing tug of war with judiciary, Law Minister Kiren Rijiju on Monday fired a fresh salvo by saying judges don't face public scrutiny, they don't stand for elections but are being constantly observed by people.

"People are watching. How you work, what you do, your judgements. People are seeing this and forming opinions. No one can hide in the time of social media," he said.

Speaking at a programme organised by Delhi Bar Association, the Minister further said the CJI told him that there should be some restrictions on social media.

"The CJI asked us to take some stern steps against people who are commenting on judges. I have taken his suggestion and we are considering it. But when people are criticising on a 'mass-scale' what can we do," he said.

Read | Kiren Rijiju shares views of retired judge who says SC 'hijacked' Constitution by deciding to appoint judges

In his speech in Hindi, he said, "Every citizen asks questions to the government and questions should be asked. If the public do not ask questions to the elected government, then who would they ask questions…..we do not step away from questions, we face it because we are elected representatives."

Rijiju said he had participated in many events which include those attended by Supreme Court Chief Justice and Supreme Court judges and high courts and even there he had emphasised that today he is working as Law Minister but tomorrow if people do not elect his government, then they would sit in the Opposition, and they will question the ruling government.

"But when a judge becomes a judge, he does not have to face an election. There is also no public scrutiny for judges. That is why I say, people do not elect judges and this is why the public cannot change judges. But people are watching you. Your judgement and the working of judges and the way judges dispense justice, people are watching it… and assess... They form opinions. In the age of social media, nothing can be hidden," he said, to a loud applause at the event.

Rijiju has earlier criticised the collegium system for appointment of judges, and even termed it alien to the Constitution.

On Sunday, he tweeted a video by a retired high court judge, Justice R S Sodhi who said the Supreme Court "hijacked" the Constitution by deciding to appoint judges itself. The minister said he considered the former judge's view "sane". The Law Minister said the majority of the people have similar views.

Sharing the interview by a portal LawStreet Bharat, Rijiju tweeted, "Voice of a judge...Real beauty of Indian Democracy is -- it's success. People rule themselves through their representatives. Elected representatives represent the interests of the people & make laws. Our Judiciary is independent and our Constitution is Supreme."

In the interview, Justice Sodhi had said the right to frame laws lies with the Parliament and added that the Supreme Court cannot frame laws as it does not have the right to do so.

In another tweet, the Minister said: "Actually majority of the people have similar sane views. It's only those people who disregard the provisions of the Constitution and mandate of the people think that they are above the Constitution of India."

Earlier too, Rijiju had said nowhere in the world, judges appointed themselves as judges. On January 6, he wrote to the CJI for including a government nominee in search-cum-evaluation committee as per the Memorandum of Procedure, in line with the 2016 SC's Constitution bench decision in the NJAC case.