New Delhi, Apr 27 (NIE): With the Centre asking the Supreme Court collegium to reconsider its recommendation to elevate Uttarakhand High Court Chief Justice K M Joseph to the Supreme Court, the Congress Thursday alleged that the government wanted to appoint judges of its choice. The opposition party also asked the judiciary to speak up in one voice and say “enough is enough”, calling it an issue of independence of the judiciary. “The intent of the government is clear. If they don’t like you, they will not appoint you,” senior Congress leader Kapil Sibal said.

Former Finance Minister P Chidambaram said “as the law stands now, the recommendation of the SC collegium is final and binding in the appointment of judges”, and asked “is the Modi government above the law?” He also asked whether Joseph’s “state or his religion or his judgment in the Uttarakhand case” was holding up his appointment.

Sibal said there are four judges belonging to one state in the Supreme Court, and called the government’s argument “spurious and illogical”. “If they don’t want to appoint somebody, have the courage to say I will not appoint him. Why try and make a fool of the public?” Sibal said.

Taking a dig at legal luminaries like Fali Nariman and Soli Sorabjee, who criticised the Congress for moving an impeachment motion against CJI Dipak Misra, Sibal said: “we expect Sorabjee sahab, Nariman sahab will now speak on this issue”. “This is an issue of the independence of the judiciary. Is it not? So, we will see when they will speak, how they will speak and in what manner and with what conviction they will speak,” he said.

Sibal also questioned the collegium’s silence. “The law is that whatever the collegium says, if it repeats, has to be accepted. Why should they have waited for four months? Why should the judiciary not have insisted that their recommendation should be accepted?… Why you are keeping it for four months?” Sibal said. “We have been saying that the judiciary is under threat and if the judiciary does not stand up to protect its independence in one voice, then democracy will be in peril,” he said.

The question, Sibal said, is “Who will stand up for judicial independence? Who will speak in one voice? Will the judiciary speak in one voice that enough is enough? You cannot ignore our appointments… I want to ask those lawyers also… will they stand up to protect the independence of the judiciary?” he said.

He said the government should first explain why it sat on the recommendation for four months. “If you don’t agree, you should send the file back and give reasons… At the moment, the strength of the Supreme Court is 31. The total number of judges today is 24… there are seven vacancies… There is an urgent need to appoint judges… the government’s attitude is we don’t care,” he said.

“The government is not clearing the appointments… they want to pack high courts with people of their choice,” he said.