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The Supreme Court recently took exception to the comment made by the Vice President of India on the Collegium system. A bench led by Justice Sanjay K. Kaul said that the Supreme Court is to be the arbiter of the law as per the Constitution.

The Court was dealing with a contempt plea against the Centre for delays in clearing names of judgeship. The bench headed by Justice Kaul pointed out that the Central government is free to bring laws to replace the collegiums system, which may be put to test of constitutionality if challenged. However, it was made clear that till the time the collegiums system is there it is to be followed to the teeth.

“But till the time the collegium system is there as the law of the land, it has to be enforced. Till this law is prevalent, it has to be followed to the teeth.”

The Court emphasised that the Parliament has the power to enact laws but the power to scrutinize them lies with the courts. It is important that the law laid down by the courts is followed else people would follow the law that they think is correct, court said.

The Apex Court during the course of the hearing also took cognizance of the comment made by some government functionaries and asked the Attorney General R Venkataramani to advice them to exercise control.

“It’s not very good making comments on the Supreme Court and collegium...and all that is not very well taken. You have to advise them to exercise control,” said the bench asking the AG to advise the government suitably about the “correct legal position” as it exists, and “to ensure that the said legal principles are followed” in matters of judicial appointments.

In the last few months, the Union Law Minister had been criticising the collegium system for it being opaque and not being in line with the constitution stating that it is the only system in the world where judges appoint people who are known to them.