Supreme Court should lay down 30-day deadline for government to respond to recommendation by Collegium: Rohinton Nariman

Justice Rohinton Nariman, the former Supreme Court judge suggested that the Apex Court should put a a 30-day deadline for the Central government for responding to the recommendation by the Collegium on appointment of judges.

Justice Nariman added that this should be taken up n the judicial side by a Constitution Bench by a Fifth Judges case.

Justice said that he strongly hopes that the Supreme Court has a 5th judges case namely that they would constitute another bench of at least 5 judges in which this MoP (Memorandum of Procedure) who will have the duty to tie up whatever loose ends there are and finish it. 

Justice also said that constitution bench in my humble opinion should put across that once a name is sent by the collegium to the government, if the government has nothing to say, for a period of 30 days, it would be assumed that it has nothing to say.

The statement was made by the Justice due to the allegation raised against the Central government on the count that it is refusing to respond to the Collegium recommendations.

The attitude by the government of “sitting over” the files without clearing it or rejecting it has been questioned by the judiciary.

Justice Nariman said that this is being done by the government to take advantage of the frequent changes to the Collegium’s composition.

Nariman also mentioned that sitting on names is a very deadly thing against democracy in this country. Clarifying about the motive, he said that what Government is really doing is that, they are waiting out for a particular collegium to hope that another collegium changes its mind. And that happens all the time.

He added that this is only because government is continuous, you carry on for five years – at least. The Collegiums that come, have a huge attrition rate.

Justice Nariman said that thus,it is very important thing that a judgment of Supreme Court lays down a deadline for the government to respond, the former judge said.

It was MC Chagla Memorial Lecture on the subject ‘A tale of two Constitutions- India and the United States: the long and short of it all’,where Justice Nariman said the same.

Justice Nariman said that the top court should also lay down whether, after reiteration, the appointment should take place within a fixed time period.

Justice Nariman said that if within thirty days the government says ‘no’ for good reasons and reasons are sent back to government by the Collegium saying, “No, please appoint”.

He reiterated that whether at the end of thirty days or the end of the reiteration, appointment should also take place within a fixed time period. Whatever that time period.

Justice Nariman during his speech also underlined the significance of having institutions which are functional without which the Constitution would be meaningless.

Justice Rohinton Nariman said that it is important to remember that you may have forged for yourself an excellent Constitution. But if, ultimately, those who are the institutions under it malfunction, there is very little you can do. Constitution should be written off.

Concluding the matter, Justice very beautifully quoted a line of a common man that If the salt has lost its savour, wherewith shall the earth be salted?

He ended by saying that if the last bastion of democracy, the judiciary, falls, we would be led to dark ages.

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