‘My law ministry is not a post office’

NEWDELHI: Union minister for law and IT Ravi Shankar Prasad spoke to Hindustan Times’ and

on the controversial issue of judicial appointments, and the even more controversial issue of Aadhaar. Edited excerpts:

R Sukumar Shishir Gupta

As far as our record is concerned, we have appointed 126 high court judges in 2016, 115 in 2017 and eight so far in 2018. The average appointment since 1989 has been 79 to 82.

We have also made 170 additional judges permanent in the last three years.

And don’t forget. We came to power in 2014. We came up with the NJAC law. For almost two years, it was stuck in the courts. But workw isn’t stopp ping; we are appointing judges…

A rare consensus in the polity of the country, based upon proper recommendations for change, was annulled by the court. We also have serious reservations with the reasoning of the judgment. But we have accepted and respected it. Our commitment to an independent judiciary is complete and total. We will ensure no one is excluded from welfare schemes for lack of Aadhaar. I have myself taken care of this after hearing some reports, although the state government concerned has denied this. No poor shall be denied food because of the absence of Aadhaar.

By consultation we have to do it. We have some ideas. Would the screening committee be different from the collegium? But all these will also have to be decided upon by the judges themselves. We are not in the game. On turmoil, I have nothing to say except that I trust their statesmanship and foresight to handle that.

The ideal situation is to have something like the NJAC. Would any other thing, such as the MOP being discussed be a compromise, or can it achieve the objective?

It can be achieved. We have conveyed our views and am hoping we can arrive at a meaningful conclusion. No. There is a meaningful and purposive engagement. But we have stayed out of their internal situation. In the high courts there are 404 vacancies. For 288 posts, the recommendation hasn’t come from the collegium.

There are close to 5,000 posts of subordinate judiciary vacant. In the appointment of the subordinate judiciary, the government of India has no role and the state government has only the administrative role of issuing the notification.

In some high courtscourts, including Delhi, they conduct the examination for appointments themselves. In many, at their recommendation, state public services commission

. here is a compelling case for a

l subordinate judiciary — I have always said that. Even if you don’t call it a National Judicial Service, there are so many good law schools these days that we must have a proper all India meritbased examination.

In terms of our support to the cause — as far as supporting infrastructure is concerned — as on date, we have a centrally sponsored scheme for development of legal infrastructure. It is there from 1993-94. As on date, ₹6,020 crore has been released. Of this, ₹2,575 crore has been released since May 2014. That is our support. We are in the process of doing so. I don’t want to comment publicly on this; there is a mechanism available address this. The norms for such intments have also been laid in the 1993 and 1998 judgments rning the collegium. I don’t to say any more. I won’t comment on the legal aspects which are sub judice… … I’ve already addressed that. We will ensure no one is excluded from welfare schemes for lack of Aadhaar. I have myself taken care of this after hearing some reports, although the state government concerned has denied this. No poor shall be denied food because of the absence of Aadhaar. And in case there is a mismatch of biometrics, to just note down the Aadhaar number and give the ration. But if there is a stray case of failure, the system can’t be faulted. I would put it differently. You need IDS for lots of things — from entering buildings to getting a passport. Some degree of authentication by a document has become necessary. This whole issue of demonisation of biometrics isn’t on. Privacy can’t be a tool for the corrupt and for terrorists.

We have a very robust mechanism – the Aadhaar Act.