The lesson from a court appointment drama
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 Court make recommendations for appointments to High Courts; while the government may provide inputs, and ask for reconsideration, if a recommendation is reiterated, then formally, the government is bound to accept it. After the collegium recommended her name for judgeship, a petition was filed in the Supreme Court challenging this appointment, on the basis that she had, allegedly, engaged in “hate speech” against Muslims and Christians. Furthermore, the judges insisted that the only question they could consider in judicial review was L. Victoria Gowri’s eligibility and not suitability. The root of the problem The judicial order dismissing the challenge to Ms. Victoria Gowri’s appointment was the chronicle of a failure foretold: once the collegium’s recommendation was in, it was obvious that, for the reasons explained above, there would be no going back, regardless of the desires and motivations of the individual actors involved.

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History of this topic

Victoria's chief prosecutor Kerri Judd resigns to become Supreme Court judge
6 months, 1 week ago

Victoria's chief prosecutor Kerri Judd resigns to become Supreme Court judge

ABC  

Victoria's Director of Public Prosecutions Kerri Judd has resigned after being appointed as a justice of the Supreme Court. Ms Judd also courted controversy after launching two official complaints to the Judicial Commission of Victoria – one against Supreme Court judge Lex Lasry and the other against County Court judge Geoff Chettle. "Victoria's Office of Public Prosecutions has weathered a …

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

Judges' Appointments | Supreme Court To Hear On Sept 26 Contempt Petition Against Centre Over Delay In Notifying Appointments
1 year, 6 months ago

Judges' Appointments | Supreme Court To Hear On Sept 26 Contempt Petition Against Centre Over Delay In Notifying Appointments

Live Law  

The Supreme Court has directed to list a plea against the central government sitting over names reiterated by the court's collegium for appointment to constitutional courts on September 26. This was orally mentioned for an early hearing before a bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia today by Advocate Amit Pai.The plea has been filed by Advocates Association …

Resolve the judges appointment logjam
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 …

Victoria Gowri appointment as judge a lost opportunity for judicial reforms
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 …

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

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

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

Centre wanted vetting process in picking judges
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 …

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

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

Justice Victoria Gowri’s appointment: Thirumavalavan writes to President
2 years, 1 month ago

Justice Victoria Gowri’s appointment: Thirumavalavan writes to President

The Hindu  

Viduthalai Chiruthaigal Katchi founder and Chidambaram MP Thol. Thirumavalavan on Tuesday urged President Droupadi Murmu to “return the dossier proposing Ms. Victoria Gowri as Judge of the Madras High Court” and requested explanation on how someone who has incited “hate speech against minorities” in our nation was recommended for a high constitutional office of a judge. In a statement, Mr. …

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

Greatest responsibility: Justice Victoria Gowri on becoming Madras HC judge
2 years, 1 month ago

Greatest responsibility: Justice Victoria Gowri on becoming Madras HC judge

Hindustan Times  

Advocate Lekshmana Chandra Victoria Gowri took oath on Tuesday as an additional judge of the Madras high court while the Supreme Court was also hearing a case against her elevation citing her alleged hate speeches against minorities. Gowri was the first to take oath among four others as additional judges administered by the acting chief justice, T Raja. READ | …

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

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

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

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

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

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

Advocate Victoria Gowri assumes office as judge of Madras High 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 …

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

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

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

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

Drama over appointment of LC Victoria Gowri in Madras HC: A fifth judges case in making?
2 years, 1 month ago

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

India Today  

It is popularly known that the current system of appointing judges is not laid down in the Constitution, rather something that has developed through a series of judgments over the course of the years. The past few months have seen rising tension between the Centre and the Supreme Court over the issue of appointments, but this story has now taken …

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

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

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

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

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

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

Centre Notifies Appointment Of Advocate L Victoria Gowri As Additional Judge Of Madras High Court
2 years, 1 month ago

Centre Notifies Appointment Of Advocate L Victoria Gowri As Additional Judge Of Madras High Court

Live Law  

The Central Government has notified the appointment of Advocate L Victoria Gowri as an Additional Judge of the Madras High Court. The development comes amid widespread backlash over reports about her affiliation to BJP and certain statements made about Muslims and Christians surfaced.“We write, with a sense of foreboding, in these troubled times, when the judiciary is facing unprecedented. The …

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

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

Over 50 advocates come out in support of Victoria Gowri
2 years, 1 month ago

Over 50 advocates come out in support of Victoria Gowri

The Hindu  

After a group of advocates wrote to President Droupadi Murmu urging her to return the Supreme Court Collegium’s recommendation to elevate advocate L. Victoria Gowri as a judge of the Madras High Court, over 50 advocates of the Madras High Court Bench in Madurai on Friday made a representation to the Supreme Court Collegium in support of Ms. Gowri. In …

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

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

Delay-'Courts Are Doctors Of Bleeding Rights': Madras High Court Cautions Bar & Litigants To Honor Court Appointments
4 years, 3 months ago

Delay-'Courts Are Doctors Of Bleeding Rights': Madras High Court Cautions Bar & Litigants To Honor Court Appointments

Live Law  

The Madras High Court recently cautioned the members of the Bar and other litigants to responsibly follow the dates set by the Courts for hearing in any case. A single bench of Justice N. Seshasayee observed that every time the Bar or the litigants are given a posting for their hearings, the Court is giving them appointments. The Court stated, …

SC Collegium Fails Again: Faith In CJI Ranjan Gogoi Fading Fast
6 years, 2 months ago

SC Collegium Fails Again: Faith In CJI Ranjan Gogoi Fading Fast

The Quint  

To be quite clear, the real controversy is not over the qualifications or over the abilities of either Justice Maheshwari or Justice Khanna to be judges of the Supreme Court. That they are lower down on the seniority list is a red herring – there’s no vested right for the senior-most High Court judges to be made judges of the …

'A Couple Of Appointments Have Been Effected', SC Adjourns Hearing On Madras Bar Associations' Plea On Judicial Appointments
6 years, 8 months ago

'A Couple Of Appointments Have Been Effected', SC Adjourns Hearing On Madras Bar Associations' Plea On Judicial Appointments

Live Law  

On the first day after the apex court opened post the summer vacation, the bench headed by Chief Justice Dipak Misra heard a writ petition by the Madras Bar Association praying for the fixing of timelines for each stage of the Memorandum of Procedure for judicial appointments.Adjourning the matter to August, the bench, also comprising Justices D. Y. Chandrachud and …

Revamp the System of Judicial Appointments - A Demand Long Overdue
10 years, 8 months ago

Revamp the System of Judicial Appointments - A Demand Long Overdue

Live Law  

When our house is totally in disorder it is our duty to clean up the mess and make it livable.When there is a clear incident pointed out by a retired Supreme Court Judge, Justice Markandey Katju who is known as an outspoken and honest Judge and his claims are supported by another Judge of great repute, Justice Ruma Pal, it …

Revamp the System of Judicial Appointments - A Demand Long Overdue
10 years, 8 months ago

Revamp the System of Judicial Appointments - A Demand Long Overdue

Live Law  

When our house is totally in disorder it is our duty to clean up the mess and make it livable.When there is a clear incident pointed out by a retired Supreme Court Judge, Justice Markandey Katju who is known as an outspoken and honest Judge and his claims are supported by another Judge of great repute, Justice Ruma Pal, it …

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