9 years, 4 months ago

Law can't justify a situation where CJI appoints judges, says Govt

New Delhi: Questioning the collegium system, government today said in Rajya Sabha that no position of law "can ever justify" a situation where the CJI appoints other judges and everyone else becomes irrelevant. The remarks of Finance Minister and Leader of the Rajya Sabha Arun Jaitley came a month after the Supreme Court struck down a law to establish a new system of appointment of judges where the Executive had a say. Jaitley said activism by courts many a time has raised questions that it should not cross the "lakshman rekha" and the "delicate" balance between different organs prescribed in the Constitution should not be affected. The Samajwadi Party also took strong objection to the apex court's decision to strike down the NJAC law passed by Parliament saying such decisions of the court should be discussed in the House.

Law Constitution Court Cji Jaitley situation collegium today position justify judges appoints constitution system law jaitley cji govt court cant

History of this topic

6 days, 6 hours ago

Indian Judiciary: An astounding dearth of accountability, transparency and reforms

Op India

Justice Yashwant Varma of the Delhi High Court has been embroiled in controversy since an enormous amount of unaccounted cash was reportedly discovered after a fire at his residence. Judicial Standards and Accountability Bill The Judicial Standards and Accountability Bill, 2010 laid forth judicial standards, mandates that judges disclose their assets and creates procedures for dismissing Supreme Court and High …

1 week, 2 days ago

CJI begins probe on HC judge over cash recovery

Hindustan Times

Chief Justice of India Sanjiv Khanna has initiated an initial inquiry against Delhi high court judge Yashwant Varma over the discovery of large amounts of cash at the latter’s residence in the Capital last week, people aware of developments said on Friday, even as the controversy reached Parliament and fuelled an outcry. CJI begins probe on HC judge over cash …

1 week, 2 days ago

Prepared for serious steps: CJI Sanjiv Khanna on cash row

Hindustan Times

Chief Justice of India Sanjiv Khanna on Friday assured all Supreme Court judges that the transfer of Delhi high court judge Yashwant Varma was “just the beginning” and that he was prepared to take “more serious steps” in the matter if required, according to people aware of the developments. Chief Justice of India Sanjiv Khanna on Friday assured all Supreme …

1 week, 3 days ago

In SC collegium’s decision to transfer HC judge, a video clip played a big role

Hindustan Times

NEW DELHI: The Supreme Court collegium’s decision to transfer Delhi high court judge Yashwant Varma and consider an in-house inquiry against him was significantly influenced by a video purportedly showing the recovery of unaccounted cash from an outhouse at his official residence, people aware of the matter said. The video, recorded by Delhi police during a fire at justice Yashwant …

1 week, 3 days ago

CJI asks for Delhi HC report on judge Yashwant Varma’s case, seeks his viewpoint too

Hindustan Times

Chief Justice of India Sanjiv Khanna has initiated an initial inquiry against Delhi high court judge Yashwant Varma over the discovery of large amounts of cash at the latter’s residence in Delhi last week. According to people in the know of the developments, CJI Khanna has sought a report from Delhi high court chief justice Devendra Kumar Upadhyaya before finalising …

1 week, 3 days ago

CJI briefs SC judges on justice Varma case, says transfer is just the beginning

Hindustan Times

NEW DELHI: Chief Justice of India Sanjiv Khanna on Friday assured all Supreme Court judges that the transfer of Delhi high court judge Yashwant Varma was “just the beginning” and that he was prepared to take “more serious steps” in the matter if required, according to people aware of the developments. The CJI conveyed this during an informal gathering over …

2 months, 3 weeks ago

The Collegium and changes — it may still be early days

The Hindu

Two interesting nuggets of information have emanated in recent days about the functioning of the Supreme Court of India’s Collegium. But, in short, it postulates the following: the recommendation to appoint a new judge to a High Court or to the Supreme Court, to transfer a judge from one High Court to another, and to elect a new Chief Justice …

8 months, 2 weeks ago

Supreme Court gets 2 new judges, its first from Manipur

Hindustan Times

NEW DELHI: The central government on Tuesday notified the appointments of justices N Kotiswar Singh and R Mahadevan to the Supreme Court, following the recommendations by the collegium. The Supreme Court collegium, led by CJI Dhananjaya Y Chandrachud, recommended their names on July 11, considering factors such as seniority, merit and judicial integrity Justice Singh’s elevation marks a historic moment …

1 year, 3 months ago

‘Collegium not the best system to pick judges... transparent dialogue needed’: Justice SK Kaul

Hindustan Times

The collegium system of appointing judges to constitutional courts is no longer the best mechanism and the executive and the judiciary ought to come together to formalise a method enabling transparent exchange of views instead of “secretive” or “back-door” consultations, outgoing Supreme Court judge justice Sanjay Kishan Kaul has emphasised. Justice SK Kaul Associated with the issue of judicial appointments …

1 year, 3 months ago

"As A Servant Of Constitution, I Have To Follow The Law Laid Down": CJI DY Chandrachud On Plea Against Collegium System

Live Law

Chief Justice of India DY Chandrachud said that as a "servant of the law and the Constitution", he has to follow the laid down law, when a lawyer mentioned a plea challenging the collegium system for judges' appointments.Advocate Mathews J Nedumpara sought the listing of a petition filed by him seeking the abolition of the collegium system and a reevaluation …

1 year, 5 months ago

Indian Constitution Colonial Document, Collegium System Long Past Its Expiry Date: Arghya Sengupta

News 18

The Constitution is a colonial document where the state is all-powerful and India, which has an experience of 75 years of independence, has the confidence to decide what kind of constitution works best for the country, Arghya Sengupta, founder of Delhi-based think tank Vidhi said in an interview. Sengupta, a prominent voice on constitutional issues who has recently written “The …

1 year, 6 months ago

Wrong to say Supreme Court collegium has no factual data to evaluate judges for appointment: CJI Chandrachud

India TV News

Chief Justice of India DY Chandrachud on Friday asserted that it's wrong to say the Supreme Court collegium has no factual data to evaluate judges being considered for appointment in top court and High Courts. Delivering the Ram Jethmalani Memorial Lecture, CJI Chandrachud said, "We have prepared broad platform where we have assessed top 50 judges of country for consideration …

1 year, 8 months ago

Collegium system is vibrant, committed to its task: CJI Chandrachud

Hindustan Times

Chief Justice of India Dhananjaya Y Chandrachud on Tuesday said that the recent appointment of two judges to the Supreme Court within 72 hours of their recommendation was a message to the nation that the Collegium is vibrant, active, and committed to its task. Read here: Bilkis case: SC to hear petitions against remission to 11 convicts Addressing a gathering …

1 year, 9 months ago

Collegium System Has Flaws But The Best Available Alternative In Current Political Scenario: Justice Nariman

Live Law

The collegium system is not without its flaws but is the best option available at present given the politics of today, said Justice Rohinton Fali Nariman. Joining a host of judges of Indian constitutional courts, who have, in the past, come out in defence of the collegium system, Justice Nariman said: “A constitution bench of the Supreme Court found that …

1 year, 11 months ago

Resolve the judges appointment logjam

Hindustan Times

The decision of the Supreme Court collegium late on Wednesday to recall the name of justice S Muralidhar after the government sat on the recommendation to appoint him as the chief justice of the Madras high court for nearly seven months underlines a disquieting trend of breakdown of communication between two pillars of India’s democracy. That this came on the …

2 years ago

Collegium System Is Best: CJI Chandrachud Hours After Rijiju's 'Judges' Appointment Is Govt's Duty' Remark

ABP News

New Delhi: The tussle between the judiciary and the government over the appointment of judges keeps making headlines with both sides maintaining their sides. Now, in a fresh development, Chief Justice of India D Y Chandrachud has said that not every system is perfect, but the current Collegium system is the "best" mechanism developed by the judiciary to maintain its …

2 years ago

Collegium system not perfect but best available: CJI Chandrachud

The Hindu

Not every system is perfect but this is the best system developed by the judiciary, Chief Justice of India D.Y. Chandrachud said on Saturday, while defending the Collegium system of judges appointing judges, a major bone of contention between the government and judiciary. Amid the tussle between the government and the judiciary, the CJI also responded to Law Minister Kiren …

2 years ago

Collegium system ideal for judges appointment: Ex-CJI U. U. Lalit

The Hindu

Former Chief Justice of India Uday Umesh Lalit on March 18 said the collegium was the "ideal system" for appointment of judges to the top court and High Courts in the country. Justice Lalit, who demitted office as the 49th CJI on November 8, 2022, also said judiciary was completely independent of the executive and while the Supreme Court was …

2 years, 1 month ago

‘Collegium Can Reconsider Its Recommendation On Genuine & Honest Grounds’: Former Supreme Court Judge Indira Banerjee

Live Law

There is no reason why the recommendations of a collegium cannot be reconsidered, if, on the basis of material on record, it has doubts regarding the correctness of the decision, said former Supreme Court judge, Indira Banerjee. Also on the panel were former Patna High Court judge, Anjana Prakash, Senior Advocate Sriram Panchu, transparency activist Anjali Bharadwaj and Advocate Prashant …

2 years, 1 month ago

‘Victoria Gowri Case Prime Example Of What Can Happen When Process Collapses’: Justice AP Shah On Need For Transparent & Accountable Collegium

Live Law

On Saturday, speaking at the Seminar on Judicial Appointments and Reforms, organised by the Campaign for Judicial Accountability and Reforms, Justice Ajit Prakash Shah, former Chief Justice of the Delhi High Court expressed his opinion about the controversial appointment of Justice Victoria Gowri as Additional Judge of the Madras High Court. Addressing the participants on the issue of building a …

2 years, 1 month ago

Centre not planning a bill on appointment of judges, Kiren Rijiju tells Rajya Sabha

The Hindu

The appointment of judges to the higher judiciary is a collaborative process, and if differences crop up between the executive and the judiciary, they are mutually reconciled to ensure that only an appropriate person is appointed, Law Minister Kiren Rijiju told the Rajya Sabha on Thursday. When asked if the government was planning to bring in a Bill with regard …

2 years, 1 month ago

[Judges Appointment] Govt Sent Back 18 SC Collegium Recommendations, 6 Have Been Reiterated: Law Minister Kiren Rijiju

Live Law

The Union Law Minister Kiren Rijiju on Thursday informed Rajya Sabha that a total of 18 proposals recommended by the Supreme Court Collegium for appointment of judges has been sent back by the government to the collegium for reconsideration. While answering to the question on total number of collegium proposals returned by Government on its own to Supreme Court Collegium …

2 years, 2 months ago

Whether right or wrong, SC order gave birth to process: Retired judge bats for Collegium system

India Today

Retired Supreme Court judge Rohinton Nariman made strong assertions about the ongoing tussle between the Legislature and Executive over the appointment of judges. Nariman said any authority was bound by the Supreme Court's judgments, which gave birth to the Collegium system. "Whether it is right or wrong, the Centre is bound by the 1993 judgment on the Collegium system," the …

2 years, 2 months ago

In Indian Constitution vs Collegium Debate, Can the Govt & Judiciary Reconcile?

The Quint

The Vice President of India Jagdeep Dhanker who is also the Chairman of the Rajya Sabha and Om Birla—the Speaker of the Lok Sabha have differently voiced their disagreement with the prevailing interpretation of the 24 April 1973 ‘basic doctrine’ verdict of the Supreme Court in the landmark Kesavananda Bharati case aka Fundamental Rights case. It may be recalled that …

2 years, 2 months ago

Why Collegium needs urgent reform: Judiciary should be independent as well as accountable

Firstpost

Judicial accountability and judicial independence have been consistent subjects of debate over several decades of the development of Indian constitutional law. In India, the Supreme Court and the High Court judges are appointed by the collegium of five senior-most judges of the Supreme Court of India. We do not know on what basis judges from a particular high court were …

2 years, 2 months ago

Law Minister Questions Collegium System Again, Backs Ex-Judge Who Said SC 'Hijacked' Constitution

Live Law

Amid the ongoing friction between the judiciary and the executive over the process for judges appointments, Union Law Minister Kiren Rijiju endorsed the view of a former High Court judge who commented that the Supreme Court 'hijacked' the Constitution by formulating the collegium system to select judges.Rijiju shared in Twitter a video clip of the interview of former Delhi High …

2 years, 2 months ago

'No public scrutiny of judges', says Law Minister Kiren Rijiju amid Collegium row

India Today

Amid the debate revolving around the need for judicial reform and the reliability of the current Collegium system, Union Law Minister Kiren Rijiiju on Monday said there is no “public scrutiny” of judges. Delivering a virtual speech at a Republic Day event organised by Delhi Bar Association, the law minister said, “There is no public scrutiny of judges. Once they …

2 years, 2 months ago

'How Can Govt Nominee Be Part Of Collegium? People Making Comments Without Knowing Facts' : Law Minister Kiren Rijiju

Live Law

Amidst confusion created by reports that the Centre has written to the CJI asking for its representatives to be placed in the collegium for selecting judges, Union Law Minister Kiren Rijiju has made a clarification.The Minister denied that the Centre has sought for its representatives to be included in the collegium of the Supreme Court and the High Courts. Amidst …

2 years, 2 months ago

Law Minister Kiren Rijiju seeks government nominees in court collegiums, writes to CJI

The Hindu

In a clear indication that the Narendra Modi government is determined to restructure the collegium system of appointments to the higher judiciary, Law Minister Kiren Rijiju has written to Chief Justice of India D.Y. Explained | The workings of the Supreme Court collegium The letter is a fresh salvo by the Law Minister after recent statements by the Vice-President and …

2 years, 3 months ago

NV Ramana, UU Lalit, DY Chandrachud, 2022 Saw 3 CJIs: So, How Was It?

The Quint

And yet, Ramana, Lalit and Chandrachud, in their respective tenures, along with some of their fellow judges at the Supreme Court, should be credited for standing up to an increasingly querulous executive. Especially, in recent months, when from the law minister to the vice president, government figures have grown increasingly unsparing with their 'take' on the functioning of our constitutional …

2 years, 3 months ago

Received representations on lack of transparency in Collegium system: Law Minister Kiren Rijiju

The Hindu

The government has received various ‘representations’ on the lack of transparency, objectivity and social diversity in the Collegium system of appointment of Supreme Court and High Court judges, Law Minister Kiren Rijiju told the Rajya Sabha on Thursday. In a written reply, Mr. Rijiju said the government had sent suggestions for supplementing the Memorandum of Procedure for appointment of judges …

2 years, 3 months ago

In Centre vs collegium, Law Minister Kiren Rijiju says 'Issue of vacancies will linger till...'

India TV News

Law Minister vs Supreme Court: Law Minister Kiren Rijiju told the Rajya Sabha on Thursday that the issue of vacancies and appointments in the higher judiciary would continue to linger till such time a new system is created for the same. Replying to questions in the Upper House of Parliament, the law minister said the Centre has limited powers over …

2 years, 3 months ago

The attack on the last bastion — the judiciary

The Hindu

Recent comments by the Vice-President, Jagdeep Dhankar, and the Law Minister, Kiren Rijiju, can be read as a concerted attack on the collegium system, the Supreme Court of India, and even the basic structure doctrine. And a resurgent judiciary Since the Supreme Court’s decision in 2015 on the National Judicial Appointments Commission Act, arguably, from the Court under the Chief …

2 years, 3 months ago

Until government brings new law on judicial appointments, Collegium system is the law: Supreme Court

The Hindu

The Supreme Court on Thursday said nobody is stopping the government from bringing a new law on judicial appointments, but till then Collegium system and its Memorandum of Procedure is the “final word”. The court said the law on judicial appointments to the High Courts, as it stands now, is the Collegium system evolved by the Supreme Court in the …

2 years, 3 months ago

Counterview: Collegium System Needs Upgrade But It Provides Judges A Fair Chance

The Quint

Does the decades-old Collegium system have any relevance in modern-day judiciary? This has been the most asked question from several quarters after Union Law Minister Kiren Rijiju took on the Supreme Court's process of appointment of judges in India. Weighing in on the issue, Vikram Hegde—an Advocate on Record to the Supreme Court discusses the problems and solutions of the …

2 years, 3 months ago

Collegium system for appointment of judges most transparent, says Supreme Court

India Today

The system of appointment of judges is the most transparent one and should not be derailed, said the Supreme Court on Friday while hearing an appeal against a Delhi High Court judgment which denied information on a collegium meeting of 2018 under the Right to Information Act. The apex court was hearing a case filed by activist Anjali Bhardwaj, who …

2 years, 4 months ago

Unseemly conflict: The Hindu Editorial on Supreme Court-government tussle over the Collegium system

The Hindu

The Union government appears determined to turn its conflict with the judiciary over judicial appointments into something unseemly. One is the daily diatribe by Union Law Minister Kiren Rijiju, who appears to have been given an assignment to target the Collegium system with trenchant criticism of its known, but uncorrected flaws, and top it with unwarranted remarks such as asking …

2 years, 4 months ago

In govt-judiciary clash, no one is the winner

Hindustan Times

India’s system of judicial appointments has run into rough weather. In recent weeks, the collegium system came in for sharp criticism from the executive, led by Union law minister Kiren Rijiju, even as the judiciary, led by Chief Justice of India Dhananjaya Y Chandrachud, defended the process. Tensions simmering over a slew of stalled judicial appointments appear to have boiled …

2 years, 4 months ago

'Should not have happened', SC on Law Minister Kiren Rijiju's remarks on collegium

India TV News

The Supreme Court on Monday took strong exception to Law Minister Kiren Rijiju's recent comment on the collegium system of appointing judges, saying it should not have happened. A bench comprising justices Sanjay Kishan Kaul and A.S. Oka said, "When someone in a high position says that.it should not have happened.". Senior advocate Vikas Singh brought to the notice of …

2 years, 4 months ago

No Institution In Constitutional Democracy Including Collegium Is Perfect: CJI Chandrachud

ABP News

New Delhi: No institution in a constitutional democracy, including the collegium, is perfect and the solution is to work out within the existing system, Chief Justice of India D Y Chandrachud said on Friday. He said getting good people in the judiciary and paying them high salaries would not reform the collegium system. However high you pay judges, it'll be …

2 years, 4 months ago

SC and govt cannot select good judges if we find fault with each other: CJI

The Hindu

Chief Justice of India D.Y. Chandrachud on Friday responded to strident criticism against the Collegium system of judicial appointments, saying the government and the Supreme Court cannot work together to select good judges if they find fault with each other. Law Minister Kiren Rijiju, who was sitting on the dais at the Law Day Eve function, had recently launched a …

2 years, 4 months ago

'No Institution Perfect In A Democracy, Judges Soldiers Of Constitution': CJI On Collegium

ABP News

Chief Justice of India DY Chandrachud on Friday said no institution in a democracy was "perfect" and the Collegium system, which is followed for appointing judges, cannot be singled out. Speaking at a Constitution Day event in Delhi, CJI Chandrachud said the court worked within the existing framework of the Constitution "as it is interpreted and given to us". However, …

2 years, 4 months ago

Collegium system 'alien' to Indian Constitution: Law Minister Kiren Rijiju

India TV News

Collegium system in India: Union Law Minister Kiren Rijiju today launched a fresh attack on the mechanism to appoint Supreme Court and high court judges, saying the collegium system is alien to the Constitution. Rijiju was responding to a question on the government "sitting" on various Supreme Court collegium recommendations at a time when cases are piling up in courts. …

2 years, 4 months ago

No institution in 'democracy' is perfect: CJI DY Chandrachud on collegium system

India TV News

Collegium system in India : Chief Justice of India DY Chandrachud today while talking about the collegium system of appointing judges, said that no institution in a democracy is perfect. We work within the existing framework of the Constitution and we are faithful soldiers who implement the Constitution," said the CJI while speaking at the Constitution Day celebrations organised by …

2 years, 4 months ago

Lawyer protests unite CJI, Law Minister on protecting sanctity of Collegium decisions

The Hindu

Lawyers’ protests over the reported transfer of two Gujarat and Telangana High Courts’ judges may have brought the judiciary and the government closer on the need to protect the sanctity of Supreme Court Collegium decisions. Saturday saw Law Minister Kiren Rijiju, an ardent critic of the Collegium system, worry about the outcome if such protests “recur” against future Collegium decisions …

2 years, 4 months ago

Collegium system is perfect, says ex-CJI Lalit

The Hindu

The collegium system of appointment of judges to the Supreme Court and High Courts is “perfect”, former Chief Justice of India U.U. Justice Lalit, who retired on November 8 as the 49th CJI, said the process of appointment should not go on indefinitely, adding that this has deprived the courts of much-needed talent. Justice Lalit, talking to the media, also …

2 years, 4 months ago

Collegium System Is The Best; Indispensable For Independence Of Judiciary, Rule Of Law: Former CJI UU Lalit

Live Law

Calling the collegium system "the best system", the former Chief Justice Of India U U Lalit on Sunday said the collegium system is indispensable for the independence of judiciary and the rule of law.However, Lalit also said that it would be the government's prerogative to bring back the National Judicial Appointments Commission if it decides to do so. Calling the …

2 years, 4 months ago

'Opaque system': Law Minister Kiren Rijiju on collegium system | Five points

India Today

Union minister for Law and Justice Kiren Rijiju on Thursday continued his relentless attack on the collegium system for the appointment of judges in the Supreme Court and high courts. Here's all that's happening at India Today Conclave Mumbai 2022 'OPAQUE SYSTEM' Speaking at the India Today Conclave Mumbai 2022, Rijiju said that the existing system was “opaque”. ‘JUDGES NOT …

2 years, 5 months ago

Office of CJI: Need of a fixed tenure as complicated issues warrant long-term approach

Firstpost

One of the most important offices in the country functions in an ad-hoc manner without any long-term vision or planning. While Justice Chandrachud in recent times will have one of the longest tenures as the CJI, the tenure of the sitting CJI Lalit is only 74 days. Notably, the CJI with the shortest tenure was CJI KN Singh in 1991 …

2 years, 5 months ago

Can't Leave Judicial Appointments to Govt, But Make Collegium System Transparent

The Quint

The objections to the collegium system require a deeper understanding of the rule of law and limited government. For example, the 3 October 2017 resolution regarding the appointment of three judicial officers as judges of the Kerala High Court goes into details of the candidature of each judicial officer and describes the collegium’s process. For instance, the government proposed that …

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