Kiren Rijiju, Minister of Law & Justice in India, while speaking at the India Today Conclave om 18th March,2024 commented that there are a few retired judges who are part of “Anti India” gang and these are only few in numbers though. Some of these retired judges are trying to make the Indian judiciary play the role of opposition in the country.
He even further stated that this ‘Tukde-Tukde’ gang is trying to break the Indian federation by turning the government’s policy against the people and a Member of the Parliament is in sync with this. Rijiju told the press that there that quite recently there was a Seminar in Delhi, which was attended by retired Supreme Court judges and few senior lawyers were present, the seminar was based on “The Accountability in Judges Appointment”, but the discussion was completely based on “How the Indian government is taking over the Indian Judiciary?”, he called out the retired Supreme Court judges as ‘activist’ judges.
He said he has enough confidence in the government that they will preserve the integrity and sovereignty against those who try to do harm, and actions shall be taken against these people with the provisions of the law. He assured the audience and the moderator Gaurav Sawant that, actions are being taken by government agencies as per law and no will escape and will have to pay a price for their actions.
He further stated that the collegium system that is in place for appointment of judges will remain in place until and unless there is a new system in place. The system where judges are appointed by judges will be replaced as its ‘purely administrative’.
The Union Minister of Law and Justice, has said that public is ‘malik’ of India and government is only here to serve them as per the Constitution and fulfil their needs.
The role of the Judiciary in India is very simple yet difficult in meaning, the first and foremost is to uphold the Constitution and its ideals. They have power to strike down any law, act, regulation that violates or his become unserviceable with the changing dynamics. It even has the power to resolve inter-state disputes. One of the most important functions of the judiciary is to protection of fundamental rights of every citizen in India.
They are allowed to assist the government in law making, this is either done by making suggestions in the court or request the government to modify and amend the existing law in order that will enable them to solve the contemporary problems of the society in large.
They are not to play any role politics of the state, they cannot in any manner support any political organization. They are allowed to have independent thoughts that may or may not favour the government but cannot take sides of the govt. Law is one of the most noble profession in the world as said by Nani Palkhivala and Harish Salve.
What is Anti – India campaign?
The term was coined amidst the tensions between India and China and Pakistan, the campaign seeks the discredit, undermine or harm the interest of the Indian state. It has taken various forms in the past few years such political activism, social media campaigns that may or may not originate in India and at times violent actions with the purpose of disrupting the functions of the India government of society in large. Anti-India Gang will be meaning those people or organisations whose political, social or ideological perspectives are not of the same that of the ruling party or of the government.
Now Kiren Rijiju’s comment on retired Supreme Court judges being part of Anti-India gang may or may not have gravity but it is a serious allegation that has been made by the Union Minister. In any case if this comment was made against the present Judges, it could have been considered as a contempt of court.
