hard not to see Removal of Union Minister Kiren Rijiju from the Ministry of Law and Justice as a move by Prime Minister Narendra Modi to avoid any escalation in his governance clash with the judiciary in the one year remaining in his current term. other ideas may work Transferring Shri Rijiju to Ministry of Earth Sciences and the appointment of Arjun Ram Meghwal as Minister of State with independent charge in the Ministry of Law, but a marked decline in Mr. Rijiju’s tenure Repeated sloganeering against the Supreme Court Collegium Be sure to indicate a desire to reduce his propensity for confrontation. While there has been inaction or delay on the part of the government on some recommendations, quite a few appointments, including to the Supreme Court, have been made since February, indicating a thaw in the chilly relationship between the executive and the judiciary. In addition to his outspoken criticism of the collegium system of appointments, which many others see as factually flawed and in need of reform, Mr. Rijiju expressed unusually strong opinions, not befitting of a person holding a portfolio Which included dealing with members of the superior judiciary. , He once accused some retired judges of being an “anti-India gang” who were trying to make the judiciary play the role of the opposition party. On another instance, he expressed concern over the collegium making public some intelligence on the basis of which candidates recommended for appointment were deemed unsuitable by the government.
In choosing Mr. Meghwal, who represents the reserved constituency of Bikaner in Rajasthan, Mr. Modi may be looking for an opportune moment to accommodate a Rajasthan minister in a high-profile portfolio. Rajasthan assembly elections are due at the end of the year. Shri Meghwal has started his tenure with the observation that there is no conflict with the judiciary and his priority will be to ensure speedy justice for all. One issue that needs to be addressed is the finalization of the new memorandum of procedure for judicial appointments. Mr Rijiju had said earlier this year that the government had stressed on the need for early finalization of the process to the Supreme Court. He also proposed the idea of a ‘search-cum-evaluation committee’, which included a government representative, for the appointment of Supreme Court judges and chief justices. It is expected that the government will continue to give importance to both these issues. While taking such an initiative, the government should avoid giving the impression that it wants to have complete control over the appointment of judges.