Rajya Sabha MP and former law minister Kapil Sibal on Sunday accused the government of attempting to “capture” the judiciary and said it was trying its best to create a situation in which the National Judicial Appointments Commission (NJAC) in “another avatar” may be tested in the Supreme Court once again.

Sibal asserted that the basic structure doctrine, as enunciated in the Kesavananda Bharati verdict, was very important now and dared the government to openly say if it was flawed.

The government has not adjusted to the fact that it does not have the final word on appointments in the higher judiciary, and resents it, he added.

“They are trying their best to create a situation in which the NJAC in yet another avatar may be tested in the Supreme Court once again,” Sibal told PTI in an interview.

His comments came days after Vice-President Jagdeep Dhankhar, who is also the Rajya Sabha Chairman, criticised the scrapping of the NJAC Act by the apex court. Dhankhar had also questioned the landmark 1973 Kesavananda Bharati verdict, saying it set a wrong precedent and that he disagreed with the Supreme Court ruling that Parliament can amend the Constitution but not its basic structure.

The NJAC Act, which sought to overturn the collegium system of appointing Supreme Court and high court judges, was struck down in 2015 by the top court, which described it as unconstitutional. Asked about Dhankhar’s remarks, Sibal said: “When a high constitutional authority and a man who is well versed in the law makes a comment of this nature, one has to first ask the question — is he speaking in his personal capacity or for the government?”

“So, I don’t know in what capacity he is speaking…. The government has to confirm that. If the government publicly states that they agree with his views, then it has a different connotation,” the senior Supreme Court advocate said. Sibal came down heavily on law minister Kiren Rijiju for his critical comments against the judiciary and the collegium system, saying that it was “unfortunate” and a “matter of grave concern”.

“I have said before that the law minister is perhaps not well versed with the functioning of courts, nor is he familiar with court procedures. He is perhaps making such comments based on perceptions and incomplete facts. He apparently has not been properly briefed,” Sibal said.

“But whatever it is, it is inappropriate to make such statements publicly,” the former Congress leader said. Sibal alleged that the objective of the government was quite clear. It wants to “capture” the right to appoint judges to the higher judiciary and wants its word to be final, he added.

“If they manage to do that, that would not bode well for democracy. As it is, all institutions have been captured by them. The judiciary is the last citadel of freedom. If the final word on the appointment of judges to the higher judiciary is left to the government, they will fill these institutions with individuals whose ideology is aligned to that of the political party in power,” he said.

“As it is, we are finding it difficult to match the juggernaut of this government which has taken over all institutions. We feel that these institutions act on the directions of the government or that they wish to please the government for reasons that are best known to them,” he said.