"Permission marketing is marketing without interruptions": Supreme Court responds to Vice-President; says as per Constitution, Parliament has right to enact law but Court has power to scrutinize it, Govt functionaries comments on collegium not well taken

The Supreme Court on Thursday took an unfavorable view of the comments made by government functionaries about the Collegium system of appointing judges to the High Courts and the Supreme Court.
|
A bench of Justices Sanjay Kishan Kaul, Vikram Nath, and Abhay S Oka said that the comments are not well taken, and asked Attorney General for India R Venkataramani to "advise them" (such government functionaries).
The Court specifically said that as per the scheme set out in the Constitution of India, while the parliament has the power to enact a law, the power to scrutinize such law vests with the courts.
"Scheme of our constitution requires our court to be the final arbiter of the law. Parliament has the right to enact a law but the power to scrutinize it lies with the court. it is imp that law laid down by this court is followed else people would follow the law which they think is correct," the Court said.
These observations were made in the context of recent statements by Vice President Jagdeep Dhankar, who had said that Constitutional courts quashing changes made by the parliament to the Constitution does not happen in any other democracy.
He had particularly cited the example of the National Judicial Appointments Commission Act, stating that the same was passed unanimously in Lok Sabha and unopposed in Raya Sabha; yet it was struck down by the top court.
On November 28, 2022, Union Law Minister Kiren Rijiju also termed the collegium system as 'alien' to the Constitution of India.
He said that the Central government cannot be accused of 'sitting over recommendations' made by the Collegium and the judges' body cannot expect the government to simply sign off on all the recommendations made by it.
The Supreme Court bench of Justices Sanjay Kishan Kaul, Abhay S Oka, and Vikram Nath, however, took objections to the remarks today.
"Let people not believe that they will follow a law which they believe is correct. this has larger ramifications. Comments on Supreme Court collegium by the govt functionaries etc is not well taken, You have to advise them, Attorney General," Justice Nath said.
"Any law declared by this court is binding on all the stakeholders," Justice Kaul weighed in
The Court was hearing two pleas - one from 2018 filed by the Centre for Public Interest Litigation (CPIL), and one filed by the Advocates Association Bengaluru that stated that the Central government's failure to process the names that the Supreme Court Collegium recommended for appointment as judges was in direct contravention of the Second Judges case.
At the last hearing, the bench remarked that the government picking and choosing persons from the names recommended was affecting the seniority of judges.
"Getting successful lawyers to join the profession is difficult in a monetary aspect. But another reason is the tortuous process of appointment and the best first-generation lawyers have declined to be part of the system citing this. This is the grim reality", the Court had remarked.
The top court had also said that the government should not hold names back without expressing its reservations, adding that good people must join the bench and the timeline must be adhered to unless there was an exception.
Earlier, the apex court had sought a response from the Union Law Secretary in the plea.
Pertinently, the bench had remarked that keeping the names on hold was "becoming some sort of a device to compel these persons to withdraw their names".
In its order today, the Court highlighted the delay by the government in clearing Collegium recommendations and how it was affecting the seniority of judges.
"When recommendations are made by SC collegium, the aspect of seniority has to be maintained. This is another aspect govt must look at. Attorney General (AG) assures us that he will look at it. We expect AG to play the role of a senior most law officer," the Court said.
It then posted the case for further hearing next week.
References:
Support Us
Satyagraha was born from the heart of our land, with an undying aim to unveil the true essence of Bharat. It seeks to illuminate the hidden tales of our valiant freedom fighters and the rich chronicles that haven't yet sung their complete melody in the mainstream.
While platforms like NDTV and 'The Wire' effortlessly garner funds under the banner of safeguarding democracy, we at Satyagraha walk a different path. Our strength and resonance come from you. In this journey to weave a stronger Bharat, every little contribution amplifies our voice. Let's come together, contribute as you can, and champion the true spirit of our nation.
![]() | ![]() | ![]() |
ICICI Bank of Satyaagrah | Razorpay Bank of Satyaagrah | PayPal Bank of Satyaagrah - For International Payments |
If all above doesn't work, then try the LINK below:
Please share the article on other platforms
DISCLAIMER: The author is solely responsible for the views expressed in this article. The author carries the responsibility for citing and/or licensing of images utilized within the text. The website also frequently uses non-commercial images for representational purposes only in line with the article. We are not responsible for the authenticity of such images. If some images have a copyright issue, we request the person/entity to contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. and we will take the necessary actions to resolve the issue.
Related Articles
- SC bench of Justices Chandrachud and AS Bopanna rules in favor of Muslim petitioner: “Don’t exclude non-Hindus from auction process for shop leases in temple”
- Madras High Court noted that 'tolerance is the hallmark of Hinduism, devotees could not be denied their right to worship at any cost': directed authorities to allow chanting prayers at Sri Varadaraja Perumal Temple
- "ATM is now Closed": Puneet Khurana, co-founder of For God's Cake & Woodbox Cafe, died by suicide, blaiming harassment by wife Manika Pahwa & in-laws over ₹10L demands, ₹2Cr property disputes, ₹70K/month legal fees, and domestic abuse
- Supreme Court is all set to hear a Muslim side's petition against the survey of Gyanvapi complex after the survey team finds Shivling inside the disputed structure: 3 member bench headed by Justice DY Chandrachud
- "You cannot deny guilt, and thereby you allow the Curse to be your due": Lower court grants Divorce to husband after 19-years for 20-day marriage, Wife challenges order in High Court, not exceptional case as our courts are flooded with endless litigations
- "What a sad era when it is easier to smash an atom than a prejudice": Supreme Court declines to entertain PIL for creation of National Commission for Men to look into suicides among married men, says "No question of misplaced sympathy for anyone"
- In another shocker, Supreme Court quotes 'every sinner has a future' and commutes death sentence of Mohd Firoz for rape & murder of 4-year-old girl: Child brutally assaulted, two teeth broken while smothering after rape
- “If you’re good enough to hit the gym at 70, why not a courtroom?”: Age of retirement of Supreme Court and High Court Judges needs to be increased in sync with increase in the longevity and advancement in medical sciences, Parliamentary Committee
- "It is not wisdom but Authority that makes a law": SC orders new rules for appointment of Chief Election Commissioner and Election Commissioners similar to appointment of CBI Director by a committee that includes the PM, Leader of Opposition and CJI
- "Vote: The only commodity that is peddleable without a license": Supreme Court refuses to interfere with Calcutta High Court's direction for deployment of central forces in West Bengal for local body elections, dismisses the petitions by the State and SEC
- "That Allah put thee on the right Way of religion so follow that way... This is a reference to Shariah": Not age but Puberty is the decider, minor girl can marry without parents' consent on attaining puberty, has right to live with Husband: Delhi HC
- Even the most ruthless criminals who tortured and killed a woman & her parents over 'witchcraft' deserves dignity, says Orissa HC, commuting death sentences to life imprisonment, as courts prioritize reform while justice for the victims fades into silence
- "हम-तुम अलग हैं फ़र्क है": In a stunning display of judicial leniency, Pune's wealthy builder’s drunk teen son, who killed two with his Porsche, was swiftly granted bail—only to face the harrowing task of writing a 300-word essay and making traffic boards
- "There is difference between blasphemy and expressing religious opinions based on one’s knowledge of the subject": Historic decision by Madras High Court from 2019
- "I seem to smell the stench of appeasement in the air": Chief Justice of India DY Chandrachud urged parliament to revise the age of consent for sex under Protection of Children from Sexual Offences Act, saying this provision poses difficulties for judges