The Supreme Court has hijacked the Constitution…
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Highlights –
When our constitution was made, there was a system in it for the appointment of judges. There is a whole chapter like how judges are appointed? How it happens? If you say it is unconstitutional then what is happening since so long… can you amend the constitution, can’t you. Parliament will amend the constitution, but here I think the Supreme Court has hijacked the constitution for the first time (laughs for a while and then says). Will happen… This voice is viral on social media. In the midst of the ongoing controversy over the collegium system, RS Sodhi, a former Delhi High Court judge, surrounded the Supreme Court in this way. Ever since Law Minister Kiren Rijiju shared the video of the retired judge’s interview on Twitter, Justice Sodhi has been in the news. Who is Justice Sodhi, who has openly questioned the decision of the Supreme Court?
Voice of a Judge…
Real beauty of Indian Democracy is- it's success. People rule themselves through their representatives.
Elected representatives represent the interests of the People & make laws. Our Judiciary is independent and our Constitution is Supreme. pic.twitter.com/PgSaqfZdDX— Kiren Rijiju (@KirenRijiju) January 21, 2023
Actually majority of the people have similar sane views. It's only those people who disregard the provisions of the Constitution and mandate of the people think that they are above the Constitution of India.
— Kiren Rijiju (@KirenRijiju) January 22, 2023
एक जज की नेक आवाज: भारतीय लोकतंत्र की असली खूबसूरती इसकी सफलता है। जनता अपने प्रतिनिधियों के माध्यम से स्वयं शासन करती है। चुने हुए प्रतिनिधि लोगों के हितों का प्रतिनिधित्व करते हैं और कानून बनाते हैं। हमारी न्यायपालिका स्वतंत्र है लेकिन हमारा संविधान सर्वोच्च है।
— Kiren Rijiju (@KirenRijiju) January 22, 2023
All the three organs of our State i.e Legislature, Executive and Judiciary must work together in the larger interest of the nation.
— Kiren Rijiju (@KirenRijiju) January 22, 2023
What the retired judge said on the collegium
A retired judge of the Delhi High Court says that the Supreme Court has ‘kidnapped’ the Constitution by deciding to appoint judges on its own. His statement is viral at a time when the conflict between the government and the judiciary has increased over the process of appointment of judges in the higher judiciary. Sharing the video of Justice RS Sodhi’s (retd) interview, Rijiju wrote, ‘This is the voice of a judge and most people have similar sensible views.’ Justice Sodhi is clearly heard saying that Parliament has the right to make laws. The apex court cannot legislate as it does not have the authority to do so.
Most people have similar sensible views. There are some people, who disregard the provisions and mandate of the constitution and think that they are above the constitution of India.
Kiren Rijiju, Law Minister
Recently, several prominent personalities from within the government have openly questioned the collegium system. The Law Minister has termed the collegium system for appointment of judges as against the constitution. Vice President Jagdeep Dhankhar has also raised questions on the apex court.
Who is Justice Sodhi
Justice RS Sodhi was born before independence on 11 November 1945. After studying at Bishop Cotton School, Shimla, he graduated from Lyallpur Khalsa College, Jalandhar in 1969. Completed LLB from Panjab University in 1972 and joined Delhi Bar Council as an advocate in the same year. He advocated in the Supreme Court for 25 years in constitutional, civil, criminal, land revenue and excise matters. He was the Additional Advocate General of the State of Punjab from 1997 to 1999. He was appointed as a judge of the Delhi High Court on 7 July 1999. He retired on 7 November 2007.
Many high profile cases came before him as a judge. It also includes sensational cases like Jessica Lal, Naina Sahni (Tandoor) and Priyadarshini Mattoo murder cases. At the time of retirement, he had said that a professional never retires. He is fond of criminal law and gets more satisfaction from such cases.
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