2 years, 1 month ago

Victoria Gowri Case : Has Supreme Court Ever Quashed HC Judge's Appointment Before Oath-Taking? Yes, Only Once

Live Law

In the entire history of the Supreme Court, there is only a single precedent of it quashing an appointment of a High Court judge, after finding that the person recommended was ineligible. That extraordinary action happened in the 1992 case Kumar Padma Prasad vs Union Of India And Ors 1992 2 SCC 428, where the Supreme Court quashed the appointment of one K.N. This 1992 precedent has been cited to challenge the appointment of Advocate L Victoria Gowri as a judge of the Madras High Court. Taking note of the peculiarity of the case, the Supreme Court stated : "It is for the first time in the post-independent era that this Court is seized of a situation where it has to perform the painful duty of determining the eligibility of a person who has been appointed a Judge of High Court by the President of India and who is awaiting to enter upon his office".

India Supreme Court High Court Constitution Court Case Judicial High Supreme Appointment Srivastava Gowri 1992 Hc Judge Victoria Gowri Kumar Padma Prasad srivastava court judicial 1992 high hc judge victoria case oathtaking supreme gowri india judges yes appointment quashed

History of this topic

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed

Trending News

3 months, 1 week ago

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed

Live Law

The Supreme Court recently dismissed a Special Leave Petition challenging a Rajasthan High Court judgment that directed the appointment of a candidate in the Rajasthan Judicial Services Examination 2021. A bench of Justice Hrishikesh Roy and Justice SVN Bhatti refused to interfere with the Rajasthan High Court's decision observing, “Having considered the basis for the impugned judgment of the Division …

Trending News

3 months, 1 week ago

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed

Live Law

6 months, 2 weeks ago

Supreme Court Collegium names five Additional Judges to be made permanent in Madras High Court

The Hindu

The Supreme Court Collegium on Tuesday recommended the appointment of Justice Lekshmana Chandra Victoria Gowri and four other Additional Judges as Permanent Judges of the Madras High Court. The Collegium said a committee of two Supreme Court judges had assessed the judgments of the five Additional Judges, in a bid to check their merit and suitability for appointment as Permanent …

1 year, 3 months ago

Case on delays in appointments of judges missing from causelist

The Hindu

Petitions against delays by the government and its “pick-and-choose policy” in judicial appointments and transfers were not listed on Tuesday before Justice Sanjay Kishan Kaul despite a specific direction from the Bench in the last hearing on November 20. On November 20, the Bench highlighted how the Collegium’s recommendation to transfer judges, including four from the Gujarat High Court, were …

1 year, 3 months ago

SC Quashes Re-Appointment of Dr Gopinath Raveendran as VC of Kerala's Kannur University

News 18

The Supreme Court on Thursday quashed re-appointment of Dr Gopinath Raveendran as Vice- Chancellor of Kannur University saying that the appointment process was vitiated by “unwarranted interference” of the Kerala government. Chandrachud and comprising Justices J.B. Pardiwala and Manoj Misra set aside the decision passed by the Kerala High Court in February 2022 which held that Dr Raveendran’s re-appointment “was …

1 year, 5 months ago

Don’t pick and choose judges, SC tells Centre

Hindustan Times

New Delhi The Supreme Court on Friday cautioned the Union government against a “pick and choose” approach in matters of judicial appointments, as it lamented that a raft of collegium’s recommendations for the appointment and transfer of judges remain pending because the government segregated names sent together by the collegium. On October 18, the Centre notified the transfer of 16 …

1 year, 5 months ago

Supreme Court Collegium Recommends Two Advocates for Appointment As Judges Of Gauhati High Court

Live Law

The Supreme Court Collegium consisting of Chief Justice of India Dhananjaya Y Chandrachud, Justice Sanjay Kishan Kaul and Justice Sanjiv Khanna, have recommended Adv. The Chief Justice of the Gauhati High Court in consultation with his two senior-most colleagues had recommended the elevation of. The Chief Justice of the Gauhati High Court in consultation with his two senior-most colleagues had …

1 year, 10 months ago

Civil Judges' Appointment | Supreme Court Takes Divergent View On Granting Relief To Candidates Who Submitted Category Certificates After Cut-Off Date

Live Law

The Supreme Court, recently, delivered split judgment in a matter pertaining to Rajasthan High Court denying appointment of applicants to the post of Civil Judge on the ground that they had submitted the category certificate beyond the cut-off date. However, Justice Trivedi concluded that the appellants who are the defaulters could not be given preferential treatment by accepting the certificates …

2 years, 1 month ago

Victoria Gowri appointment as judge a lost opportunity for judicial reforms

The Hindu

Published : Feb 21, 2023 16:18 IST By the time the Supreme Court heard the challenge against the elevation of Victoria Gowri as an additional judge of Madras High Court, the process of appointment was completed, with Victoria Gowri having been sworn in. According to the judge, the Supreme Court could not have presumed that the consultee judges “were not …

2 years, 1 month ago

‘Worried’ about pending transfers, SC says a ‘lot more’ is needed to be done

The Hindu

The Government’s delay in clearing certain pending transfers, including that of Orissa High Court Chief Justice S. Muralidhar to Madras and reiterated Collegium recommendation of senior advocate Saurabh Kirpal for appointment as Delhi High Court judge among others, saw a “worried” Supreme Court observe that a “lot more” is needed to be done, though “some developments” have happened since the …

2 years, 1 month ago

Victoria Gowri | From the Bar to the Bench

The Hindu

“I, Lekshmana Chandra Victoria Gowri having been appointed as additional judge of the High Court of Madras do swear in the name of God that I will bear true faith and allegiance to the Constitution of India,” swore the advocate on Tuesday morning even as the Supreme Court was simultaneously hearing a case filed by a group of lawyers against …

2 years, 1 month ago

Suitability of a candidate cleared by Collegium can’t be subject of judicial review: Supreme Court

The Hindu

NEW DELHI The Supreme Court on February 10, 2023, in a nine-page order, explained that “suitability” of a candidate cleared by the Collegium for appointment as a judge in a constitutional court cannot be a subject of judicial review. “We are clearly of the opinion that this court, while exercising power of judicial review, cannot issue a writ of certiorari …

2 years, 1 month ago

'We Can't Go Into Suitability' : Supreme Court Gives Reasons For Dismissing Petitions Challenging Justice Victoria Gowri's Appointment

Live Law

The Supreme Court on Friday pronounced the reasons for the dismissal of the two petitions filed by advocates from the Madras High Court challenging the appointment of Justice Victoria Gowri as an additional judge of the Madras High Court.Justice Sanjiv Khanna, while pronouncing the order on Friday, said, "We have passed a short order. The Supreme Court on Friday pronounced …

2 years, 1 month ago

Centre wanted vetting process in picking judges

The Hindu

The government, just a little over a month before the Supreme Court Collegium recommended advocate Victoria Gowri for Madras High Court judgeship on January 17, 2023, had in the apex court flagged the “compelling need” for a debate to include an “appropriate mechanism” in the Memorandum of Procedure for “assessment of the personality” of candidates under consideration for judicial appointments …

2 years, 1 month ago

Aspersions should not be cast on appointment of Victoria Gowri as High Court judge: Government

The Hindu

Differences of opinion are a part of democracy and there are ways to find solutions to that, Law Minister Kiren Rijiju said on February 9 in Rajya Sabha on whether there exists differences between the judiciary and the executive on the issue of appointment of judges. The government also said aspersions should not be cast on appointment of Victoria Gowri …

2 years, 1 month ago

Bench and bigotry: The Hindu Editorial on advocate Victoria Gowri’s appointment as Madras High Court judge

The Hindu

The questionable elevation of advocate L. Victoria Gowri as a judge of the Madras High Court epitomises the problematic nature of the system of judicial appointment. That the government repeatedly has its way indicates that the conflict over the appointment process has reached a stage in which the collegium is constantly under pressure to yield to the executive’s position on …

2 years, 1 month ago

The lesson from a court appointment drama

The Hindu

The recent war of words between the higher judiciary and the political executive has revolved around the question of who has the power to appoint judges to the High Courts and the Supreme Court of India. Under the “collegium system” — itself the product of a 1993 judgment of the Supreme Court — the three senior-most judges of the Supreme …

2 years, 1 month ago

Madras HC judge takes oath after legal drama

Hindustan Times

Wary of setting a “very wrong precedent” by assessing the suitability of a candidate already cleared by the collegium for judgeship, the Supreme Court on Tuesday dismissed a plea for quashing the appointment of advocate LC Victoria Gowri as a judge in the Madras high court and remarked that asking the collegium to review its proposal could lead to a …

2 years, 1 month ago

Left-Liberals target Victoria Gowri for opposing love jihad, predatory conversions

Op India

Amidst a hullabaloo in elite left-liberal circles of India, advocate Lekshmana Chandra Victoria Gowri was sworn in as an additional Judge of the Madras High Court on Tuesday. It noted, “I don’t think we’ll be in a position to say it’s a question of eligibility, and secondly, we can’t direct the Collegium.” On January 17 this year, a Collegium of …

2 years, 1 month ago

Victoria Gowri appointment | Two views emerge from Supreme Court on what Collegium considered

The Hindu

Two different views emerge from within the Supreme Court on what the Collegium considered before recommending advocate Victoria Gowri for appointment as an Additional Judge of the Madras High Court in its resolution on January 17. On February 6, when petitioners senior advocate R. Vaigai and Anna Mathew made an “extraordinary” mentioning of their challenge to Ms. Gowri’s appointment on …

2 years, 1 month ago

High Drama In Supreme Court Ahead Of Hearing Challenge To Victoria Gowri's Appointment As High Court Judge

Live Law

There was high drama in the Supreme Court ahead of hearing of the petitions challenging the appointment of L Victoria Gowri as an additional judge of the Madras High Court.The petitioners' lawyers sought for an early hearing as the oath taking ceremony at the Madras High Court was scheduled at 10.35 AM. There was high drama in the Supreme Court …

2 years, 1 month ago

SC dismisses petitions challenging Victoria Gowri’s appointment just as she takes oath as Madras HC judge

Op India

The Supreme Court on Tuesday dismissed petitions challenging appointment of advocate LC Victoria Gowri as a judge in Madras High Court. Victoria Gowri is appointed as an additional judge along with four others inside the library room of the Madras High Court. Gowri, along with four other lawyers was elevated to high court judge was recommended by a collegium, comprising …

2 years, 1 month ago

SC dismisses plea to restrain Victoria Gowri from taking oath as Madras HC judge

Deccan Chronicle

Chennai: The Supreme Court on Tuesday refused to entertain a plea seeking to restrain lawyer Lekshmana Chandra Victoria Gowri from taking oath as an additional judge of the Madras High Court. Gowri took oath of office as the additional judge of the high court while the hearing was underway in the apex court, "We are not entertaining the writ petition. …

2 years, 1 month ago

SC declines to intervene in adv. Victoria Gowri’s appointment as Madras HC Additional Judge even as she took oath of office

The Hindu

The Supreme Court on Tuesday declined to entertain petitions challenging the appointment of advocate Victoria Gowri as an Additional Judge of the Madras High Court even as the lawyer took oath of office in a ceremony held almost simultaneously with the apex court hearing The court hearing before a Special Bench of Justices Sanjiv Khanna and B.R. Towards the end …

2 years, 1 month ago

Victoria Gowri Takes Oath as Judge, SC Dismisses Plea Against Appointment

The Quint

As Advocate Lekshmana Chandra Victoria Gowri took oath as an additional judge of the Madras High Court on Tuesday, 7 February, the Supreme Court dismissed petitions challenging her appointment. She had rendered herself incapable of taking oath due to her utterances," Advocate Raju Ramachandran, appearing for the petitioners, submitted before the court. The backstory: On 17 January, the Supreme Court …

2 years, 1 month ago

Advocate Victoria Gowri assumes office as judge of Madras High Court

The Hindu

Madras High Court Acting Chief Justice T. Raja on Tuesday administered oath of office to L. Victoria Gowri, P.B. Ramakrishnan, R. Kalaimathi and K. Govindarajan Thilakavadi as additional judges of the High Court for a period of two years in the same order of seniority in accordance with their presidential warrant of appointment. Even as the oath taking ceremony was …

2 years, 1 month ago

Advocate Victoria Gowri row | SC to hear petitions challenging appointment today

The Hindu

The Supreme Court will hear petitions challenging the appointment of advocate Victoria Gowri as Madras High Court judge today. The hearing is now scheduled for 10.30 a.m. Ms. Gowri was scheduled to take oath at 10.35 a.m. on February 7 at the Madras HC. Chandrachud on Monday said in open court that the Supreme Court Collegium was not in the …

2 years, 1 month ago

Victoria Gowri takes oath as Madras HC judge after SC dismisses lawyers' plea

Hindustan Times

Advocate LC Victoria Gowri took oath as an additional judge of the Madras high court on Tuesday shortly day the Supreme Court dismissed a petition challenging the Collegium’s recommendation elevating her to the high court. Advocate LC Victoria Gowri takes oath as an additional judge of the Madras high court on Tuesday. While the petitions citing Gowri’s alleged hate speeches …

2 years, 1 month ago

If Circumstances Warrant, A Judge, Wrongly Appointed, Does Not Become Immune From Action: Supreme Court In 2008

Live Law

As the Supreme Court is set to hear petitions challenging the appointment of L.Victoria Gowri as a Judge of the Madras High Court today, it has to come to terms with its own judgment, delivered in 2008 with respect to the appointment of another Judge of the Madras High Court, which was under challenge then. In Shanti Bhushan and Another …

2 years, 1 month ago

LC Victoria Gowri takes oath as Madras HC judge, SC later quashes pleas against her appointment

India Today

The Supreme Court on Tuesday dismissed the petitions challenging lawyer Lakshmana Chandra Victoria Gowri's appointment as Madras High Court judge. Gowri's elevation as a judge was opposed by a group of 21 lawyers from the Madras High Court, who wrote to President Droupadi Murmu urging her to return the file submitted by the Supreme Court Collegium recommending the appointment of …

2 years, 1 month ago

Drama over appointment of LC Victoria Gowri in Madras HC: A fifth judges case in making?

India Today

2 years, 1 month ago

Supreme Court to hear plea even as swearing-in scheduled

Hindustan Times

New Delhi In a dramatic turn of events, the Supreme Court will on Tuesday consider a plea staying the swearing-in of advocate LC Victoria Gowri as a judge in the Madras high court, less than 24 hours after the Union government notified her appointment following a recommendation from the top court collegium. While the petitions citing Gowri’s alleged hate speeches …

2 years, 1 month ago

MDMK presses for withdrawal of Victoria Gowri’s appointment as High Court judge

The Hindu

MDMK headquarters secretary Durai Vaiko on Monday sought reconsideration of the decision by the Supreme Court collegium to appoint advocate Victoria Gowri as a judge of the Madras High Court, contending her appointment would not augur well for Indian democracy and plurality. When asked what was wrong in appointing Ms. Gowri, since advocates with political backgrounds had been appointed as …

2 years, 1 month ago

Advocates urge ACJ not to administer oath of office to Victoria Gowri until SC hears case against her elevation as judge of Madras HC

The Hindu

A group of advocates led by N.G.R. Prasad made a written representation to Madras High Court Acting Chief Justice T. Raja on Monday requesting him not to administer oath of office to advocate L. Victoria Gowri as a judge of the High Court until the Supreme Court hears a case against her elevation on Tuesday. After a series of quick …

2 years, 1 month ago

Centre clears appointment of advocate Victoria Gowri as judge of Madras High Court

The Hindu

The Centre has notified the appointment of Deputy Solicitor General, L. Victoria Gowri, as a judge of the Madras High Court. Union Law Minister Kiren Rijju tweeted a list of 13 names cleared for the Allahabad, Karnataka and Madras High Courts, on Monday. Ms. Gowri has made it top of the list of five individuals appointed as judges of Madras …

2 years, 1 month ago

Woman judge gets appointed to Madras HC but lawyers move Supreme Court. Why?

Hindustan Times

A group of lawyers in Chennai have approached the Supreme Court against the Collegium's recommendation for the elevation of advocate Lekshmana Chandra Victoria Gowri as a judge of the Madras high court. The lawyers moved the apex court even as the Centre cleared the appointment of Gowri as an additional judge of the Madras high court. “As per relevant provisions …

2 years, 1 month ago

Supreme Court to hear on Feb 7 plea against appointment of advocate Victoria Gowri

The Hindu

Chief Justice of India D.Y. Chandrachud on Monday said in open court that the Supreme Court Collegium was not in the know about certain “developments” concerning advocate Victoria Gowri when it recommended her for appointment as Madras High Court judge on January 17, while listing a petition filed by a group of lawyers accusing her of indulging in “hate speech” …

2 years, 1 month ago

SC order pending, LC Victoria Gowri to be sworn-in as Madras HC judge today

India Today

Despite lawyers' opposition to her appointment, lawyer Lakshmana Chandra Victoria Gowri is scheduled to be sworn in as Madras High Court judge on February 7. Gowri's elevation as a judge was opposed by a group of 21 lawyers from the Madras High Court, who wrote to President Droupadi Murmu urging her to return the file submitted by the Supreme Court …

2 years, 1 month ago

Lawyers oppose elevation of woman advocate as Madras HC judge, SC hearing tomorrow

India Today

The Supreme Court has agreed to hear a plea filed by senior lawyers challenging the elevation of advocate LC Victoria Gowri as a judge of the Madras High Court. A section of the Madras High Court Bar association is opposing the Supreme Court collegium’s recommendation to elevate advocate LC Victoria Gowri for judgeship at the Madras High Court. Earlier, a …

2 years, 1 month ago

Lawyers urge President to return collegium recommendation to elevate advocate Victoria Gowri as Madras High Court judge

The Hindu

A group of 21 lawyers, including N.G.R. Prasad, Senior Counsel R. Vaigai and V. Suresh have written to President Draupadi Murmu urging her to return the Supreme Court collegium’s January 17 recommendation to elevate advocate Victoria Gowri as a judge of the Madras High Court. In their representation, the advocates expressed surprise over the collegium having recommended Ms. Gowri’s name …

2 years, 1 month ago

Lawyers urge President to return Collegium's proposal to elevate Victoria Gowri as Madras HC judge

India Today

A group of 21 lawyers from the Madras High Court wrote to President Droupadi Murmu urging her to return the file submitted by the Supreme Court Collegium recommending the appointment of Lakshmana Chandra Victoria Gowri, a BJP functionary, as a judge of the high court. The Madrash High Court lawyers drew attention to an interview given by Victoria Gowri to …

2 years, 2 months ago

Supreme Court Collegium’s Landmark Reiterations Show It Is No Longer Pusillanimous

Live Law

On Thursday, the Supreme Court’s three-member Collegium - comprising the Chief Justice of India, D.Y.Chandrachud and Justices Sanjay Kishan Kaul and K.M.Joseph - responsible for recommending suitable names for elevation as the High Court Judges, reiterated certain names recommended by it earlier, for elevation to various High Courts. The reiteration of recommendation to elevate senior advocate Saurabh Kirpal as a …

2 years, 6 months ago

Supreme Court Reserves Judgment On WB Govt Appeal Against HC Judgment Ousting Vice-Chancellor of Calcutta University

Live Law

The Supreme Court, on Friday, reserved judgment in the petition filed by the State of West Bengal assailing the order of the Calcutta High Court, whereby the decision of the State to re-appoint Sonali Chakravarti Banerjee as Vice-Chancellor of Calcutta University was set aside. Senior Advocate, Mr. Singhvi appearing on behalf of the State of West Bengal apprised the Bench …

2 years, 6 months ago

Why a proper collegium is needed to appoint judges of the Supreme Court

The Hindu

Published : Aug 27, 2022 16:15 IST Justice P. Jaganmohan Reddy was one of the finest judges the Supreme Court ever had, fiercely independent and devoid of communal bias or any other prejudice. The scheme of Supreme Court judges did not begin well from the word go, though the framers of the Constitution had laboured hard to ensure judicial independence. …

2 years, 11 months ago

Advocate Needs To Be In 'Continuous Practice' For 7 Yrs On Date Of Application To Seek Appointment As District Judge: Allahabad HC

Live Law

The Allahabad High Court has clarified that for seeking appointment as Judicial Officer/District Judge as per Article 233 of the Constitution of India, an Advocate has to be in continuous practice for not less than 7 years as on the cut-off date and at the time of appointment as District Judge.It may be noted that Article 233 of the Constitution …

3 years, 9 months ago

Amendment To Law Officer Appointment Rules Upheld By The Madras High Court

Live Law

The Madras High Court yesterday disposed of a petition filed assailing the validity of an amendment that was made to the rules under the Law Officers of High Court of Madras and its Bench at Madurai Rules, 2017 which govern the appointment of government advocates. Court's observations At the outset, the Court noted that the writ petition did not challenge …

4 years, 1 month ago

Appointment Not Challenged In Reasonable Time: Supreme Court Sets Aside HC Judgment Which Quashed Appointment Of An Assistant Professor

Live Law

The Supreme Court set aside an Allahabad High Court order which quashed appointment of an Assistant Professor, observing that the appointment was not challenged in reasonable time as per the provisions of the applicable Act.In this case, the Executive Council of King George Medical University, on 08.08.2005, approved the recommendations of Selection Committee appointing appellant as. The Supreme Court set …

4 years, 4 months ago

Supreme Court Weekly Round Up

Live Law

Siddique Kappan Was Using 'Garb Of Journalism' To Disturb Law & Order In Hathras: UP Govt Tells SC The State of Uttar Pradesh has submitted before Supreme Court that Journalist Siddique Kappan has no locus to approach the Top Court under an Article 32 petition, since he is not in an illegal custody/confinement but is in. Siddique Kappan Was Using …

4 years, 5 months ago

[Article 164(4)] Who Decides What Are Extraordinary Circumstances For Appointment Of Non-Legislators As Ministers? Asks SC, Directs Petitioner To Approach MP HC

Live Law

The Supreme Court on Tuesday disposed off a plea against the appointment of persons who are not MLAs as ministers in the Madhya Pradesh government, granting the liberty to approach the High Court. In response, Mr. Talekar indicated the SC constitution bench authority of B. R. Kapoor and another decision in S. R. Chaudhuri - "Article 164 was under consideration …

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