Kiren Rijiju was the law minister who took on the judiciary. Now he has been replaced

Kiren Rijiju was the law minister who took on the judiciary. Now he has been replaced

May 18, 2023 - 17:30
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Kiren Rijiju was the law minister who took on the judiciary. Now he has been replaced

In a surprise move, Kiren Rijiju was removed as India’s law minister. He has been replaced by Arjun Ram Meghwal. Rijiju, who is one of the Narendra Modi-led government’s high-profile ministers, has been assigned the charge of the fairly low-key Ministry of Earth Sciences.

According to a press communication by the Rashtrapati Bhavan, Meghwal, currently, the minister of state for parliamentary affairs and culture, will take over the important law and justice ministry. He will have an independent charge. This is the first time in recent history that the law minister is not of Cabinet rank, according to a report by NDTV.

After the announcement, Rijiju posted a message on Twitter, acknowledging Prime Minister Narendra Modi’s guidance and thanking Chief Justice of India DY Chandrachud and other judges.

The announcement to remove Rijiju comes as a surprise ahead of the upcoming 2024 general elections.

During his tenure as law minister, Rijiju grabbed headlines more than once, often taking on the judiciary and criticising the system. We take at how Rijiju got the job and how he fared.

A surprise entry and exit

Rijiju was elected to the Lok Sabha for the first time in 2004 on a BJP ticket. However, after he was defeated in 2009, he deflected to Congress only to return to the saffron party in 2014. The BJP had its eyes set on the northeast and Rijiju became of the party’s most prominent face from the region.

He started in the government as minister of state for home affairs. With his hard work, he soon entered the good books of Prime Minister Narendra Modi and Home Minister Amit Shah and gained more prominence in the party. He then served as the junior minister with independent charge for Youth Affairs and Sports, before being picked for the plum post.

Like his exit from the law ministry, Rijiju’s appointment came as a surprise to many. The three-time Lok Sabha MP from Arunachal Pradesh was appointed Union Minister of Law and Justice in July 2021. His promotion to a Cabinet rank was unexpected.

While Rijiju is a law graduate from Delhi University, he did not come with the experience or the pedigree of his predecessors. Many of the BJP leaders who held the post were big names in the legal fraternity – Arun Jaitley, Ravi Shankar Prasad and Ram Jethmalani.

But it was precisely the reason he was picked for the job.

Kiren Rijiju was vocal in his criticism of the judiciary. File photo/PTI

According to those in the BJP, it was his lack of familiarity in the legal circles that allowed Rijiju to “express his views freely”, without any apprehensions of “hurting his friends”, a report in The Indian Express said.

And Rjiju did speak up, often having run-ins with the judiciary.

Also read: What is the collegium system and why Centre and Supreme Court are at loggerheads over it?

Rijiju vs judiciary

The BJP leader has pushed for the government’s role in the appointment of judges, has been critical of the procedure followed in the country in picking them, and called for transparency.

In January, this year, the minister wrote to CJI Chandrachud “suggesting” that a representative of the government should be included in the collegium that makes recommendations for the appointment of judges. Doing so would “infuse transparency and public accountability”, he had said.

The letter came against the backdrop of an ongoing tussle between the government and the judiciary on the appointment of judges in India.

However, this was not the first time he has been vocal about the matter.

In a letter to Chief Justice of India DY, Kiren Rijiju suggested that a nominee of the government should be included in the collegium that makes recommendations for the appointment of judges. File photo/PTI

In November last year, he called the collegium system of appointing judges opaque. The then-law minister said, “I am not critical about the judiciary or the judges, but I state a fact which is the reflection of the thinking of the common people of India… The Collegium system is opaque and is not accountable. Judges and lawyers too believe this.”

A month before, he had spoken about how India was the only country where judges were appointed by other judges. “Across the globe, judges do not appoint judges. But in India, they do so. Judges have to devote a lot of time to the entire process of recommending names. A lot of politics is involved in the process,” Rijiju said in October year.

Also read: From Section 377 to Ayodhya, CJI Chandrachud has been part of landmark judgments

Rijiju also criticised the judiciary for taking long vacations even as pending cases rise every year. Responding to a question in Parliament on the pendency of cases, he said, “There is a feeling among people of India that the long vacation which the courts obtain is not very convenient for justice-seekers.” He said the issue will not be resolved until a “new system” on the appointment of judges is evolved.

The minister further angered the legal fraternity when he remarked in March that a few retired judges were part of an “anti-India gang” and were forcing the judiciary to play the role of an Opposition party. He warned that “those working against the country will have to pay a price”.

Advocates walk past the Supreme Court of India building, in New Delhi. As law minister, Rijiju spoke about court vacations and the accountability of judges. File photo/PTI

The backlash

Rijiju’s comments on the collegium and judiciary have gone down well with those in the legal fraternity. Of course, he faced a backlash.

The remarks against former judges were condemned by over 300 lawyers across the country. In a letter, they asked the then-law minister to withdraw the comments.

“The allegations of anti-nationalism against people who have dedicated their lives to upholding the rule of law, and the naked threat of reprisals against them, marks a new low in the public discourse of our great nation,” the letter read. It was signed by senior advocates like Abhishek Manu Singhvi, Kapil Sibal, Dushyant Dave, and Indira Jaising, among others.

Also read: Judicial appointments: Judiciary's independence is paramount but need to check ‘imperium in imperio’

Some have gone to court against the minister. A lawyers association had filed a PIL seeking action against Vice President Jagdeep Dhankhar and Rijiju over their public comments “showing lack of faith in the Constitution by attacking institutions, including the Supreme Court”. The litigation was dismissed by the Bombay High Court but the Bombay Lawyers Association (BAL) has now moved Supreme Court against the order.

Rijiju might not be in charge of the ministry but his legal woes are likely to continue.

With inputs from agencies

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