Kiren Rijiju vs Judiciary — 5 flashpoints in a 22-month tenure as Law Minister

Rijiju issued public comments saying, “Never say that the government is sitting on the files. Then don’t send the files to the government, you appoint yourself, you run the show then.”

He further questioned the appointment of judges, saying, “Judges are appointed once and they don’t have to face elections. Judges can’t even be scrutinised by the public.”

The Supreme Court bench headed by Justice SK Kaul took exception to Rijiju’s comments. It reminded the Centre that Collegium was the law of the land and Centre may not choose which laws to follow. On a very firm note, the SC warned that it won’t be shy of taking action.

Flashpoint Number 2. While the SC was conducting public hearing on judicial appointments, Rijiju wrote to a letter to the CJI. In the letter, Rijiju sought for the presence of a government representative on the “search cum evaluation” committee. This was quite brazen, given as to how in 2015, the SC had struck down the NJAC Act, shutting all doors for government participation in judicial appointments.

Flashpoint Number 3. In October 2017, the Delhi HC collegium had recommended that Saurabh Kirpal — an openly gay advocate — be elevated as a HC judge. SC Collegium backed the decision in 2021. But in November 2022, the Centre sent the file back with objections from RAW.

One objection raised was that he was open about his sexual orientation. And the SC came down firmly on this. It released a resolution revealing the RAW objection and went on to say, “established constitutional position is that every individual is entitled to maintain their own dignity and individuality, based on sexual orientation”.

The very next day, Kiren Rijiju called a press conference and slammed the SC for revealing the objections raised by RAW.

Flashpoint Number 4. Rijiju also hit out at retired judges making comments against the government. In one such comment, he said, “Even after retiring, a judge should maintain the sanctity. Some retired judges, maybe unknowingly, participate in some programmes that are sponsored by anti-government forums.”

Flashpoint Number 5. Another low point in the Centre-SC relations was when Rijiju through a comment tried to advise the SC on what cases it should hear. He said, “If the Supreme Court of India starts hearing bail applications, if the Supreme Court of India starts hearing all frivolous PILs, it will definitely cause a lot of extra burden.” This comment received criticism from several jurists and parliamentary leaders.

And soon enough, in open court, the CJI remarked, “No case is too small for the Supreme Court and no case is too big. If we do not act in matters of personal liberty and grant relief, then what are we doing here?”

With the day of reckoning here, Kiren Rijiju decided to bow out with grace. He tweeted: “It has been a privilege and an honor to serve as Union Minister of Law and justice under the guidance of Hon’ble PM Shri Narendra Modi. I thank Hon’ble Chief Justice of India DY Chandrachud and all judges of Supreme Court, Chief Justices and Judges of HCs, Lower judiciary and entire law officers for the huge support.”

Interestingly, along with Rijiju, MoS for Law SP Singh Baghel has also been shifted out of the law Ministry. He will now take charge as MoS for the Health Ministry – a complete change in composition of leadership at the Law Ministry.