New Delhi: Press Council Chairman Markandey Katju, a former Supreme Court judge himself, has taken on the apex court. Speaking to CNN-IBN, Katju said the Supreme Court has been playing a legislative role, which he feels is completely unwarranted.
"The Supreme Court has been going overboard in recent times and the judges case is an example of it. There is no mention of any collegium system in the Constitution. Article 124 of the Constitution says that the President should appoint the SC judge and can consult the chief justice, the judges of the Supreme Court or High Court as he deems fit. So, the President can consult even the junior most judge of the Supreme Court or High Court but the Supreme Court has totally amended the Constitution by judicial verdict and said only first 5 will be consulted," Katju said.
"Is it for the judges to amend the Constitution or for Parliament to amend the Constitution? Shouldn't there be a restraint amongst judges. The Supreme Court has been playing a legislative role which is totally unwarranted. The Supreme Court should show restraint, many times the Supreme Court has taken over Parliament, legislature and I gave a judgment that judges are not emperors that they can do whatever they like," he added.