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Synopsis

Former Union Minister Upendra Kushwaha, speaking at an election rally in the Karakat Lok Sabha constituency on Sunday, expressed his hope that the BJP-led NDA will scrap the "undemocratic" collegium system for appointing judges in the higher judiciary if it returns to power. Kushwaha made these remarks in the presence of Union Home Minister Amit Shah.

"The collegium system has many flaws. It is undemocratic and has shut the doors of judgeship in the higher judiciary on Dalits, OBCs, and even the poor among the upper castes," stated Kushwaha, who leads the Rashtriya Lok Morcha (RLM). He further criticised the current judicial appointments for its lack of inclusivity, noting, "If we look at the composition of the bench in the Supreme Court and the high courts, it is dominated by members of a few hundred families. This system has been criticised by no less than the current president and her predecessor."

Reflecting on his tenure as the Minister of State for Human Resource Development in the first Narendra Modi government, Kushwaha recalled the National Judicial Appointments Commission Bill introduced in 2014. "For some reason, it was struck down by the Supreme Court," he lamented.

Kushwaha also targeted RJD president Lalu Prasad, questioning his commitment to social justice. "He had been a Union minister and an important ally of the UPA throughout its tenure but never raised his voice against the collegium system," Kushwaha said. He also referenced corruption scandals involving Prasad, stating, "We cannot expect a principled stand on such issues from someone who keeps oscillating between jail and bail.”

He emphasised the NDA's commitment to judicial reforms. "It was the NDA that dared to bite the bullet on the thorny issue of the collegium system. And it is the NDA which will continue to make efforts in this direction," he affirmed.

Kushwaha reiterated his longstanding support for reservations in the higher judiciary and addressed rumours about his stance on the 10 percent quota for Economically Weaker Sections introduced by the Modi government. "I had supported the bill. If anybody can show any evidence that I had opposed it, I will retire from politics," he declared, aiming to dispel misinformation ahead of the elections.

Notably, the minister has frequently remarked on the collegium system on various occasions, he has previously criticised the collegium system for selecting judges for the high courts and the Supreme Court, labelling it a "black spot" on Indian democracy due to its lack of transparency. "The appointments to the higher judiciary are not done in a democratic manner. The gates are closed for SC, ST, Dalits, and even meritorious students who aspire to become judges. We want these gates to be opened," said Kushwaha.

Launching a campaign on this issue, Kushwaha has, on an earlier occasion, accused the collegium system of fostering nepotism, with judges primarily concerned about selecting their "successors."He has also faulted the collegium system for excluding Extremely Backward Castes (EBCs) and Scheduled Castes from the higher judiciary. “I do not doubt their competence, but why aren’t people from other sections becoming judges? Our government wants the collegium system to go, but the Supreme Court has not agreed with us. There must be a better system to ensure representation of all sections,” he had said.