Ex-bureaucrats in an open letter criticised Law Minister Kiren Rijiju for his remarks on judiciary

Digital Desk: Former civil employees slammed Law Minister Kiren Rijiju in an open letter on Thursday, saying his views constituted a systematic attack by the government on the collegium system of appointment and judicial independence, according to news agency PTI.

As many as 90 former officials signed an open letter arguing that the judiciary's independence is non-negotiable and that any evidence of executive overreach cannot be tolerated in a democracy. 

The bureaucrats said Rijiju's words at the India Today Conference on March 18, 2023, are the latest in what is developing as a coordinated attack by the administration on the collegium system of appointments, the Supreme Court of India, and, ultimately, judicial independence. "We categorically oppose this onslaught," they declared.

According to the letter, the government appears to be impeding the nomination of justices to the High Courts and Supreme Court. 

"Names forwarded by the collegium are held for years before being returned without permission. The administration rejects candidates with distinguished careers who have demonstrated a dedication to due process and constitutional principles "According to the letter, which was authored by former civil employees under the banner of the Constitutional Conduct Group.

The signatories slammed Rijiju and V-P Jagdeep Dhankar, saying that instead of interacting constructively with the Supreme Court and collegium, they responded with poisonous insults.

"The government's repeated unwillingness to accept some candidates (for judicial positions) can only raise the suspicion that the underlying objective is to create a pliant court," they stated in their letter. 

"We are perplexed by your continuous critiques of the Supreme Court collegium while claiming that no confrontation occurred between the administration and the Supreme Court. To the average Indian, there does appear to be a conflict "It stated. 

Unsurprisingly, retired judges, leading lawyers, and experts have publicly expressed grave concern about the urgent need to protect judicial independence, according to the letter.

Former Delhi Lieutenant Governor Najeeb Jung, former home secretary GK Pillai, former foreign secretary Sujatha Singh, and former health secretary K Sujatha Rao are among the 90 people who have signed the open letter.

"The procedure of deciding on judicial appointments is fundamental to this independence. The fact that former Supreme Court and High Court judges are not quiet spectators to harsh attacks on the judiciary demonstrates their dedication to the institution "It stated. 

"But you have not hesitated to label them anti-India and have indicated that a few retired judges are working in unison with activists, whom you have referred to as 'anti-India gangs,' and attempting to push the judiciary to 'play the role of an Opposition party," the letter added.

Rijiju's remark that the government will take strong action against "those who have worked against the country" was also criticised by bureaucrats. 

"To label public-spirited citizens as an 'anti-India gang' and threaten them with activities that will exact 'a price' smacks of authoritarianism, especially in the absence of any attempt to dialogue or engage," they said, adding that "as the law minister, he can avail of multiple platforms and ways to respond, beginning with inviting dialogue."

"We end by reminding you of a basic but fundamental truth: all organs of the state are bound by the Indian Constitution, and a government cannot ignore Constitutional provisions governing the separation of powers among the executive, legislature, and judiciary merely because it has a majority. You are breaking your own oath of office by doing so "It stated. 

Former civil employees stated that they recognise the need for ongoing discussions on ways to enhance the current system of judicial appointments, including increasing openness, rigour, and diversity among appointees.