Unique PIL in SC - ‘Apex court Judges be allowed to hold office as long as they can’ [Read Petition]
9 years, 2 months ago

Unique PIL in SC - ‘Apex court Judges be allowed to hold office as long as they can’ [Read Petition]

Live Law  

Amidst the raging debate over post-retirement jobs for judges of higher judiciary, a unique kind of PIL has been filed in the Supreme Court to permit apex court judges to remain in office as long as they can.According to the PIL filed by Vibhor Anand, a final year law student, this will not only enable the judiciary to tap the experience of a judge to the fullest, it will also prevent. Amidst the raging debate over post-retirement jobs for judges of higher judiciary, a unique kind of PIL has been filed in the Supreme Court to permit apex court judges to remain in office as long as they can. According to the PIL filed by Vibhor Anand, a final year law student, this will not only enable the judiciary to tap the experience of a judge to the fullest, it will also prevent the government from trying to influence him or her by offering lucrative post-retirement job, a contentious issue of late. “This is a PIL challenging the constitutional validity of Article 124 with respect to the age bar set for the Judges of the Supreme Court at 65 years and Article 124 being violative of Article 14 & 16 and abrogates the Basic Structure of the Constitution of India because of the procedure adopted by the Union of India in Appointment of the Attorney General Of India under Article 76 of the Constitution of India”, said the PIL.

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History of this topic

Pitiable: SC on pension of retired high court judges
3 months, 1 week ago

Pitiable: SC on pension of retired high court judges

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday said it was "pitiable" that some retired high court judges were getting a pension ranging between Rs 10,000 and Rs 15,000. "It is pitiable," the bench said while noting that some retired high court judges were getting pensions ranging between Rs 10,000 and Rs 15,000. The pleas raising the issue concerning the pension …

'Constitution Does Not Mention Cooling-Off Period For Judges Before Post-Retirement Appointments': Union Law And Justice Minister In Rajya Sabha
3 months, 2 weeks ago

'Constitution Does Not Mention Cooling-Off Period For Judges Before Post-Retirement Appointments': Union Law And Justice Minister In Rajya Sabha

Live Law  

Responding to suggestions by Member of Parliament Raghav Chadha on the 'cooling off period' for judges post-retirement, the Union Law and Justice Minister Arjun Ram Meghwal told the Rajya Sabha that the Indian Constitution does not mention anything about the cooling off period for judges. On Thursday, Chadha expressed that in recent years, the Supreme Court and High Court judges …

DC Edit | Cooling-off period needed before judges join politics
1 year ago

DC Edit | Cooling-off period needed before judges join politics

Deccan Chronicle  

It all happened in a matter of days: A judge of the Calcutta high court announced that he would be resigning his job two days later, goes to the court the next day to complete pending official work and, thereafter, announces his resignation. That the judge passed a series of orders to the inconvenience of the state government in recent …

Lawyers' Body Moves Supreme Court Seeking 2 Years Cooling Off Period For Retired Judges To Accept Post-Retirement Appointments
1 year, 9 months ago

Lawyers' Body Moves Supreme Court Seeking 2 Years Cooling Off Period For Retired Judges To Accept Post-Retirement Appointments

Live Law  

Amid mounting criticism over retired judges accepting post-retirement sinecures, a public interest litigation petition has been filed seeking a ‘cooling off’ period of two years before any retired judge of the Supreme Court or high courts can accept a political appointment. The petition states: “Under Articles 32 and 226, the Supreme Court and the high courts enforce fundamental rights of …

Supreme Court staring at vacancy crisis in 2023 as 9 judges set to retire
2 years, 2 months ago

Supreme Court staring at vacancy crisis in 2023 as 9 judges set to retire

India Today  

In addition to the pendency of cases, the Supreme Court of India is about to face another hurdle in 2023 as the vacancies in the apex court are set to increase with the retirement of nine judges. Justices KM Joseph, Ajay Rastogi and V Ramasubramaniam will retire in June, Justice Krishna Murari will demit office in July, followed by the …

CBI Director selection | CJI made ‘statement of law’
3 years, 10 months ago

CBI Director selection | CJI made ‘statement of law’

The Hindu  

Chief Justice of India N.V. Ramana’s opinion in the high-level committee to avoid officers with less than six months left to retire for appointment as CBI Director is a simple “statement of law”. The CJI was clear during the meeting chaired by the Prime Minister and attended by Adhir Ranjan Chowdhury, leader of largest Opposition party, on Monday that the …

CJI’s final push for collegium to appoint 1st SC judge in his tenure
4 years ago

CJI’s final push for collegium to appoint 1st SC judge in his tenure

Hindustan Times  

Just over a month away from his retirement, Chief Justice of India SA Bobde has made the final push for the collegium to make its first recommendation of a judge to be appointed to the Supreme Court during his 14-month tenure. The discussion took place on a list of at least five names, drawn up by CJI Bobde, from among …

[2020 Tribunal Rules] SC Judgments Requiring 5-7 Yrs Tenure Don't Apply Where Right Of Re-Appointment Contemplated: AG Defends 4 Yr Term
4 years, 5 months ago

[2020 Tribunal Rules] SC Judgments Requiring 5-7 Yrs Tenure Don't Apply Where Right Of Re-Appointment Contemplated: AG Defends 4 Yr Term

Live Law  

The Supreme Court on Thursday resumed hearing on the plea by the Madras Bar Association challenging the Tribunal Rules of 2020, on the grounds that it is in the teeth of the principles of separation of power and independence of judiciary. It was given to exhibit that rules may so be framed such that the tenure does not exceed 5 …

Post-retirement prospects for constitutional court judges tear the fabric of judicial independence
5 years, 6 months ago

Post-retirement prospects for constitutional court judges tear the fabric of judicial independence

Firstpost  

The government’s appointment of Justice Sunil Gaur as the chairperson of the Prevention of Money Laundering Appellate Tribunal has once again brought back into the spotlight questions of constitutional significance facing the independence and credibility of India’s higher judiciary. One public interest justification put forward in favor of post-retirement jobs is that judges of high courts and the Supreme Court, …

PIL In Uttarakhand HC Seeks To Raise Retirement Age Of High Court Judges From 62 To 65 Years [Read Petition]
5 years, 8 months ago

PIL In Uttarakhand HC Seeks To Raise Retirement Age Of High Court Judges From 62 To 65 Years [Read Petition]

Live Law  

The Youth Bar Association of India has recently filed a Public Interest Litigation in Uttrakhand High Court requesting the Court to direct the Ministry of Law and Justice to reconsider raising the upper age limit of High Court Judges to bring it on par with the age limit prescribed for Supreme Court judges. In 2017, the petitioners had filed a …

New Roster To Be Implemented In Supreme Court From July 1; 5 Senior Judges To Hear PILs [Read Roster]
5 years, 9 months ago

New Roster To Be Implemented In Supreme Court From July 1; 5 Senior Judges To Hear PILs [Read Roster]

Live Law  

As the Supreme Court reopens after summer recess on July 1, a new roster will be implemented.Jurisdiction over Letter Petitions and Public Interest Litigation have now been now allocated to Benches headed by the five senior-most judges of the Supreme Court.PIL matters will now be heard by the Benches headed by CJI Gogoi and Justices SA Bobde, NV Ramana, Arun …

Tribunals CB [Day-1, Session-1] There Is A Strong View Point That Post-Retirement Appointments Is A Scar On Independence Of Judiciary, Says CJI
5 years, 11 months ago

Tribunals CB [Day-1, Session-1] There Is A Strong View Point That Post-Retirement Appointments Is A Scar On Independence Of Judiciary, Says CJI

Live Law  

"There is no dispute that most of these tribunals are virtually non-functioning either for the lack of infrastructure or manpower.there is a very practical solution and the idea is to have as few tribunals as possible. The Constitution bench headed by Chief Justice was hearing on petitions challenging the provisions in Finance Act 2017 relating to various Tribunals Earlier, Senior …

New SC Roster Introduced: PILs To Be Heard By CJI & Justice Lokur (On CJI's Directions)
6 years, 5 months ago

New SC Roster Introduced: PILs To Be Heard By CJI & Justice Lokur (On CJI's Directions)

Live Law  

On the day of assuming charge as the Chief Justice of India, Justice Ranjan Gogoi has notified changes in the roster.While Public Interest Litigations will still be heard by the CJI, some PILs can be listed before Justice MB Lokur as well, on directions by CJI Gogoi.The bench headed by him will also deal with the matters relating to social …

SC Clarifies On Retirement Age Limit Of ITAT President, Members; NCDRC Members Told To Continue Till New Appointments Are Made [Read Order]
6 years, 8 months ago

SC Clarifies On Retirement Age Limit Of ITAT President, Members; NCDRC Members Told To Continue Till New Appointments Are Made [Read Order]

Live Law  

The Supreme Court on Monday made it clear that a person selected as the member of the Income Tax Appellate Tribunal will continue till the age of 62 years and the person holding the post of president shall continue till the age of 65 years.A bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud was informed …

[Debate]Immediate Post-Retirement Appointment of Judges : Mutual Bonhomie between Executive And Judiciary?
6 years, 8 months ago

[Debate]Immediate Post-Retirement Appointment of Judges : Mutual Bonhomie between Executive And Judiciary?

Live Law  

"The Tribunals should not be heaven for retired persons and appointment process should not result in decisions being influenced if the Government itself is a litigant and appointment authority at the same time. Justice R.K Agrawal was appointed as the Chairman of the National Consumer Redressal Commission during last week of May, within a few weeks after his retirement from …

[Debate]Immediate Post-Retirement Appointment of Judges : Mutual Bonhomie between Executive And Judiciary?
6 years, 8 months ago

[Debate]Immediate Post-Retirement Appointment of Judges : Mutual Bonhomie between Executive And Judiciary?

Live Law  

"The Tribunals should not be heaven for retired persons and appointment process should not result in decisions being influenced if the Government itself is a litigant and appointment authority at the same time. Justice R.K Agrawal was appointed as the Chairman of the National Consumer Redressal Commission during last week of May, within a few weeks after his retirement from …

Pendency Concerns Being Addressed, Judges Being Appointed : CJI [Read Order]
6 years, 8 months ago

Pendency Concerns Being Addressed, Judges Being Appointed : CJI [Read Order]

Live Law  

Petitioner Ashwini Upadhyay drops prayer seeking cutting down of vacations and a direction to all courts including SC to work six hours a day, 225 days a year.The three-judge bench headed by Chief Justice Dipak Misra today disposed of a PIL which sought urgent steps for reducing pendency of cases and appointment of judges to the High Courts saying “steps …

Judicial appointments continue to vex Indian State: Constant disagreements, short tenures plague system
7 years, 1 month ago

Judicial appointments continue to vex Indian State: Constant disagreements, short tenures plague system

Firstpost  

The problem of appointment of judges continues to vex the Indian State and its pillars of democracy. Justice Joseph is the Chief Justice of the Uttarakhand High Court and was recommended for elevation to the Supreme Court by the Collegium. According to a report in The Indian Express, two days after the Collegium recommended the appointment of Punjab & Haryana …

Supreme Court judges vs CJI: Four retired Justices back rebel judges in open letter to Dipak Misra
7 years, 2 months ago

Supreme Court judges vs CJI: Four retired Justices back rebel judges in open letter to Dipak Misra

Firstpost  

Four retired judges, including an ex-Supreme Court judge, wrote an open letter to the chief justice of India, saying they agree with the issues raised by the four apex court judges over the allocation of cases and the crisis needs to be resolved “within the judiciary” New Delhi: Four retired judges, including an ex-Supreme Court judge, on Sunday wrote an …

PIL In Hyderabad HC For Appointment Of Chief Justice And Other Judges
8 years ago

PIL In Hyderabad HC For Appointment Of Chief Justice And Other Judges

Live Law  

The High Court of Hyderabad has ordered its Registry to list a PIL which seeks appointment of a permanent Chief Justice and other Judges to the Court.An objection against listing the matter was raised by the Registry. The High Court of Hyderabad has ordered its Registry to list a PIL which seeks appointment of a permanent Chief Justice and other …

PIL In Hyderabad HC For Appointment Of Chief Justice And Other Judges
8 years ago

PIL In Hyderabad HC For Appointment Of Chief Justice And Other Judges

Live Law  

The High Court of Hyderabad has ordered its Registry to list a PIL which seeks appointment of a permanent Chief Justice and other Judges to the Court.An objection against listing the matter was raised by the Registry. The High Court of Hyderabad has ordered its Registry to list a PIL which seeks appointment of a permanent Chief Justice and other …

Centre to Supreme Court: Dismiss PIL on appointment of judges
8 years, 1 month ago

Centre to Supreme Court: Dismiss PIL on appointment of judges

Deccan Chronicle  

New Delhi: Attorney general Mukul Rohatgi representing the Centre on Monday urged the Supreme Court not to have parallel judicial proceedings relating to appointment of judges as the issue can be sorted out on the administrative side. Thakur, the PILs filed by advocate Ashwini Upadhyaya and Lt. Col Anil Kabotra was entertained and the court had repeatedly pulled up the …

Unique PIL in SC - ‘Apex court Judges be allowed to hold office as long as they can’ [Read Petition]
9 years, 2 months ago

Unique PIL in SC - ‘Apex court Judges be allowed to hold office as long as they can’ [Read Petition]

Live Law  

Amidst the raging debate over post-retirement jobs for judges of higher judiciary, a unique kind of PIL has been filed in the Supreme Court to permit apex court judges to remain in office as long as they can.According to the PIL filed by Vibhor Anand, a final year law student, this will not only enable the judiciary to tap the …

Post retirement jobs for Judges: Judicial and Political divide calls for Appropriate Amendments
9 years, 3 months ago

Post retirement jobs for Judges: Judicial and Political divide calls for Appropriate Amendments

Live Law  

Displaying sharp contrast with his predecessor, CJI Dattu has indicated his willingness to accept the Government’s proposal to be appointed as the Chairperson of the National Human Rights Commission. He had requested the then Prime Minister, Manmohan Singh, to bring in a system under which three months before they actually retired, Supreme Court and high court judges would be given …

CJI Dattu "fine" with NHRC chief’s job. “No comments” on demands for cooling off period
9 years, 3 months ago

CJI Dattu "fine" with NHRC chief’s job. “No comments” on demands for cooling off period

Live Law  

Chief Justice H L Dattu today said he will be retiring tomorrow as a "fully and thoroughly satisfied"man who could do "many good things" for the Supreme Court and towards the cause of bring down pendency.Wishing all success to his successor Justice T S Thakur, Dattu, during an informal “thanks giving” interaction with media persons at his 5, Krishna Menon …

CJI Dattu may be offered the post of NHRC Chairperson; Ms. Indira Jaising says independence of judiciary undermined by post retirement benefits
9 years, 3 months ago

CJI Dattu may be offered the post of NHRC Chairperson; Ms. Indira Jaising says independence of judiciary undermined by post retirement benefits

Live Law  

The Post of Chairperson of the National Human Rights Commission is most likely to be offered to Chief Justice of India H.L. If he agrees, we don’t think there will be any opposition to his name.” In an Email to LiveLaw, Senior Advocate and former Additional Solicitor General Ms. Indira Jaising stated that the news of the proposed appointment was …

Retired SC judge to re-evaluate answer sheets of Delhi judicial exam 2014 [Read Order]
9 years, 4 months ago

Retired SC judge to re-evaluate answer sheets of Delhi judicial exam 2014 [Read Order]

Live Law  

Amidst complaints of irregularities in the results of Delhi Judicial Services Exam 2014, the Supreme Court today said it will appoint a retired judge of the apex court to re-evaluate the answer sheets.“Yes. Amidst complaints of irregularities in the results of Delhi Judicial Services Exam 2014, the Supreme Court today said it will appoint a retired judge of the apex …

SC Dismisses the PIL against post retirement assignments of Judges
10 years, 5 months ago

SC Dismisses the PIL against post retirement assignments of Judges

Live Law  

The propriety of judges of higher judiciary taking up post –retirement jobs has been widely debated and acquired momentum after the appointment of former Chief Justice P.Sathasivam as the Governor of Kerala. The discussions have been brought to a legal conclusion with the dismissal of a PIL which sought restriction on post assignment of members of higher judiciary, including. The …

Can't fix cooling off period for judges to take government jobs: Supreme Court
10 years, 5 months ago

Can't fix cooling off period for judges to take government jobs: Supreme Court

India TV News  

New Delhi: The Supreme Court today refused to fix any cooling off period for judges to take up government assignments after retirement, an issue which has been widely debated after former CJI P Sathasivam took governorship soon after his tenure ended. A bench headed Chief Justice H L Dattu dismissed a PIL seeking its direction for stipulating cooling off period …

Can’t fix cooling off period for judges: SC
10 years, 5 months ago

Can’t fix cooling off period for judges: SC

The Hindu  

The Supreme Court on Wednesday refused to fix any cooling off period for judges to take up government assignments after retirement, an issue which has been widely debated after former CJI P Sathasivam took governorship soon after his tenure ended. A bench headed Chief Justice H L Dattu dismissed a PIL seeking its direction for stipulating cooling off period for …

Law Commission recommends fixed tenure for CJI, uniform retirement age of 65 for SC and HC Judges and cooling-off period after retirement
10 years, 7 months ago

Law Commission recommends fixed tenure for CJI, uniform retirement age of 65 for SC and HC Judges and cooling-off period after retirement

Live Law  

Law Commission of India Chairman A.P. Shah has reportedly recommended three changes in a note titled ‘A Judicial Appointments Commission for India: A Proposal’ to the Union Law Minister Ravi Shankar Prasad.The three changes are: Retirement age of 65 for both Supreme Court and High Court Judges, a cooling-off period for judges after retirement, before they take up any post …

Law Commission recommends fixed tenure for CJI, uniform retirement age of 65 for SC and HC Judges and cooling-off period after retirement
10 years, 7 months ago

Law Commission recommends fixed tenure for CJI, uniform retirement age of 65 for SC and HC Judges and cooling-off period after retirement

Live Law  

Law Commission of India Chairman A.P. Shah has reportedly recommended three changes in a note titled ‘A Judicial Appointments Commission for India: A Proposal’ to the Union Law Minister Ravi Shankar Prasad.The three changes are: Retirement age of 65 for both Supreme Court and High Court Judges, a cooling-off period for judges after retirement, before they take up any post …

By the Judges For the Judges
10 years, 10 months ago

By the Judges For the Judges

Live Law  

On 22nd April 2014, Supreme Court of India delivered a judgment in a Public Interest Litigation filed by an orthopedic Surgeon, who is concerned with the alarming number of road accidents in our country. In Namit Sharma v. Union of India Supreme Court held that ‘Chief Information Commissioners at the Centre or State level shall only be a person who …

Equal Pension for Bar Judges and Service Judges; Provision for fixing higher pension to the Service Judges is Unconstitutional; SC [Read Judgment]
10 years, 11 months ago

Equal Pension for Bar Judges and Service Judges; Provision for fixing higher pension to the Service Judges is Unconstitutional; SC [Read Judgment]

Live Law  

Supreme Court on Monday held that fixation of higher pension to the Judges drawn from the Subordinate Judiciary who have served for shorter period in contradistinction to Judges drawn from the Bar who have served for longer period with less pension is highly discriminatory and breach of Article 14 of the ConstitutionA three Judge Bench of apex court comprising of …

Petition to increase retirement age of judges turned down by the Supreme Court
11 years, 2 months ago

Petition to increase retirement age of judges turned down by the Supreme Court

Live Law  

A Supreme Court bench headed by Chief Justice P Sathasivam declined to entertain a PIL filed by an advocate R K Kapoor pleading that the superannuation age of judges of trial courts be increased from 60 to 62 years and those in the high courts from 62 to 65 years. The contention of the petitioner that the retirement age of …

Petition to increase retirement age of judges turned down by the Supreme Court
11 years, 2 months ago

Petition to increase retirement age of judges turned down by the Supreme Court

Live Law  

A Supreme Court bench headed by Chief Justice P Sathasivam declined to entertain a PIL filed by an advocate R K Kapoor pleading that the superannuation age of judges of trial courts be increased from 60 to 62 years and those in the high courts from 62 to 65 years. The contention of the petitioner that the retirement age of …

CJI-designate moots Constitution bench to clear case backlog
11 years, 8 months ago

CJI-designate moots Constitution bench to clear case backlog

The Hindu  

There will be at least one Constitution bench for “authoritative pronouncements” on issues like mercy pleas to avoid conflicting views by smaller benches, says Chief Justice of India designate Justice P Sathasivam. The 64-year-old judge, who will take over as the 40th CJI in a fortnight’s time, feels that a permanent Constitution bench consisting of five judges will solve thousands …

PIL in Bombay High Court to ban former judges from practice
12 years, 9 months ago

PIL in Bombay High Court to ban former judges from practice

India TV News  

Mumbai, June 13: A public interest litigation has urged the Bombay High Court to restrain its five former judges from practising in the same court after resigning as judges. The PIL says five additional judges of the High Court, who had resigned from their post after 12 to 15 months of their appointment, should not be allowed to practice as …

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