Constitutional Amendments: Courts V. The Parliament

Meenakshi S, Associate, Lawmen & White

ABSTRACT

Even as I am writing this there is a clash going on between the Judiciary and the central government. The law minister has on several occasions expressed his displeasure over the existing system of appointment of judges. Recently speaking at a ‘Times Now Summit’ he commented on the opaque nature of the collegium system and the inaccessibility of justice for the poor. His comments didn't go well with the Court, with several judges expressing their displeasure over the same. The “Lakshman Rekha” comment has been boomeranged by senior advocate Harish Salve who said that it’s the minister who has crossed the “Lakshman Rekha”, Albeit, the differences between the two wings of the government have been apparent for some time now. With the Supreme Court Judges lashing out over appointments of Chief Election Commissioner, receiving a counter from the law minister that the same can be said about judicial appointment. The strike at the Gujarat High Court over the transfer of justice Nikhil Khare also got a bitter comment from the Minister. He has also openly expressed his unhappiness over the supreme court's order of keeping sedition law in abeyance. Such disagreements between the two departments are not new, for instance, the late Prime Minister Indira Gandhi’s period saw an open battle between the judiciary and the elected government which ended with the announcement of an emergency.