LS adopts a bill relating to the retirement of senior magistrates; Justice minister says sticking to a timeline for particular names of judges is unwise


08 December 2021 23:52 STI

New Delhi [India]Dec. 08 (NNA): The Lok Sabha on Wednesday passed a bill which seeks to provide clarification regarding the date of eligibility for the additional quantum of a retired judge’s pension.
Responding to the debate on the bill which concluded on Tuesday, Justice Minister Kiren Rijiju said it is not written in the procedural memorandum “that you have to make an appointment in so many days.” and expressed reservations about the Supreme Court ruling issued earlier this year.
“This is a larger issue that is not part of the procedural protocol, but if the Supreme Court gives a direction, then we have to take an appeal. That’s why I’m pleasing the House. You don’t can’t ask how long you want to keep on hold… I agree with the emotion the member is generating But it’s not wise to stick to a schedule for particular names of judges It’s not going to send a good signal,” he said.
The minister referred to the judgment rendered by a bench headed by Chief Justice of India SA Bobde and Justices Sanjay Kishan Kaul and Surya Kant and said in the Mahanadi case that it was indicated that if there has a second iteration, then it is mandatory for the government to make an appointment in three to four weeks.
“It has been made compulsory for the government to appoint judges whose names appear in the repeated cases. judiciary, but we may have to review the provisions of the constitution,” he said.
“My words and my statement should not be interpreted as a challenge to the independence of the judiciary, but I also believe that where there is independence of the judiciary, there is also independence of the executive. and there is the independence of the legislature also because it has been defined by the Constitution of India,” he added.
The minister did not go into detail about some members’ remarks about the NJAC verdict.

“When a bill or law passed by Parliament is struck down by the Supreme Court, that’s a bigger issue that we all need to look at and discuss. I could talk about that later. Maybe in time wanted, the But right now, since we’re dealing with a very specific case, I wouldn’t want to dwell too much on the NJAC issue at this time,” he said.
He said the process for appointing judges is going smoothly.
“On the government side, there is no effort to scuttle or create any sort of slowdown in the nomination process. Some of the allegations are also not correct that the government is stopping some of the names recommended by the Collegium. We all have to understand that the government can’t just remain a silent spectator or we can’t just sign off on one of the names. We have to do our due diligence,” he said.
The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill 2021 passed the House with a voice vote.
The Bill seeks to amend the High Court Judges (Salaries and Conditions of Service) Act and the Supreme Court Judges (Salaries and Conditions of Service) Act.
The Bill proposes to insert an explanation to Section 17B of the High Court Judges Act and Section 16B of the Supreme Court Judges Act to clarify the government’s intention.
Lok Sabha members had expressed concern over the pending cases in court, with many making suggestions to raise the retirement age for judges.
Some members also suggested standardizing the retirement age of Supreme Court and High Court judges.
A BJP member also said the government should review the NJAC judgment and come up with a new bill with “corrections”. (ANI)


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