Law Minister Ravi Shankar Prasad and Chief Justice of India RM Lodha at an Independence Day event
As the Narendra Modi government pushes ahead on its new law to dramatically change the way judges are appointed, the Chief Justice of India, RM Lodha, seemed to send out a sharp message today as he cautioned against judiciary, executive and Parliament "encroaching" on each other's roles.
"Without demarcating between judiciary, executive and Parliament, the makers of our constitution ensured each organ continues to do its duty without encroaching the other's space. Hope judiciary, executive and Parliament are mature enough to have mutual respect for each other," Justice Lodha said in a function to mark Independence Day.
"If each is allowed to work unhindered without being influenced by extraneous means or unconstitutional means, then we can fulfill our constitutional goals."
The pointed remarks come after a bill that gives the government a say in the appointment of Supreme Court and High Court judges was passed in both houses of Parliament. The bill sets up a panel that replaces a collegium of five seniormost judges that currently appoints members of the higher judiciary.
At the same function, Law Minister Ravi Shankar Prasad said that his government was committed to the independence of the judiciary.
"I don't think today is the occasion to talk about new bills. Our government's commitment to the independence of judiciary is complete," the minister said.
The Chief Justice has publicly disapproved of moves to change the collegium system of appointing judges.
On Monday, he said while hearing a petition in court, "For God's sake don't shake the confidence of people in judiciary. The collegium system has not failed. I am the person in the first batch appointed as a judge by the collegium system and Justice Rohinton (Nariman) is the last person. If the collegium system has failed then we are all failed."
He was reacting to a petition that said details of the collegium's meetings should be posted on the Supreme Court website.