This judicial selection needs more than a tweak
3 years, 3 months ago

This judicial selection needs more than a tweak

The Hindu  

In recent weeks, the Supreme Court of India’s collegium has been busy. Judges to the High Courts are to be appointed by the President in consultation with the CJI, the Governor of the State and the Chief Justice of that court. The collegium for appointments to the Supreme Court and for transfers between High Courts now comprises the CJI and his four senior-most colleagues, and for appointments to the High Courts comprises the CJI and his two senior-most colleagues. When appointing judges to the High Courts, the collegium must also consult other senior judges on the Supreme Court who had previously served as judges of the High Court under consideration. But when transfers are made routine, when the process of appointing Chief Justices to High Courts is shrouded in secrecy, a de facto system of oversight is put in place.

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History of this topic

High courts should not feel that we are behaving like a headmaster: SC
3 weeks ago

High courts should not feel that we are behaving like a headmaster: SC

Hindustan Times  

The Supreme Court on Monday cautioned against imposing strict deadlines on high courts, remarking that such directions could create a perception that the apex court is acting as a “headmaster”. The Supreme Court on Monday set aside the bail order, observing that the high court had delved into the evidence and conducted a “mini trial” at the bail stage. The …

219 proposals for High Court judge appointment under process: Union Government
4 months, 3 weeks ago

219 proposals for High Court judge appointment under process: Union Government

The Hindu  

The Union government said 219 proposals for the appointment of High Court judges across the country are in various stages of processing. Chief Justices of the High Courts are required to initiate the proposal to fill up a vacancy of a High Court judge six months prior to the occurrence of vacancy. “Appointment of Judges in the High Courts is …

State Bar Council Requests Madras High Court Collegium To Give Adequate Representation To All Sections Of Advocates For Elevation To Bench
8 months, 2 weeks ago

State Bar Council Requests Madras High Court Collegium To Give Adequate Representation To All Sections Of Advocates For Elevation To Bench

Live Law  

The Bar Council of Tamil Nadu and Puducherry has written to the Chief Justice of Madras High Court- Justice SV Gangapurwala requesting the CJ and the Collegium judges to consider the names of candidates hailing from different sections of the society including minorities while recommending names for elevation to the bench and to give adequate representation to ensure socio economic …

Supreme Court vs Government: Not advisable to “hold up” judicial process
1 year, 2 months ago

Supreme Court vs Government: Not advisable to “hold up” judicial process

The Hindu  

The Supreme Court on Monday said it may not be “advisable” to hold up the entire judicial appointment process and insist that the government first clear names earlier recommended or reiterated by the Supreme Court Collegium. Justice Kaul however made a passing remark that Mr. Sathyan “may be” one of the names recently cleared by the government. Justice Kaul announced …

Supreme Court collegium recommends transfer of 24 high court judges
1 year, 4 months ago

Supreme Court collegium recommends transfer of 24 high court judges

Hindustan Times  

In a massive shake-up in the higher judiciary, the Supreme Court collegium has recommended transfers of at least 24 high court judges for “better administration of justice”. Supreme Court At a meeting on Thursday, the collegium, headed by Chief Justice of India Dhananjaya Y Chandrachud and comprising four senior-most judges, proposed the transfer of judges from various high courts, including …

Maintain Practice Of Having One-Third High Court Judges From District Judiciary : Supreme Court
1 year, 9 months ago

Maintain Practice Of Having One-Third High Court Judges From District Judiciary : Supreme Court

Live Law  

The Supreme Court, on Tuesday, expressed its prima facie view that the the present ratio of 1:3 between the judges who are elevated from District Judiciary to the High Courts from the service cadre and those who are elevated from the Bar needs to be maintained. After recording the order, Justice Gavai told the Counsel - “Madam, please advise your …

Judicial Appointments: Unhealthy Debate On Misplaced Concern
1 year, 10 months ago

Judicial Appointments: Unhealthy Debate On Misplaced Concern

Live Law  

The Union Law Minister’s public comments about appointment of judges and the judicial pendency, though, raise genuine concerns about the system of administration of justice in India but probably though inappropriate forum and for sure a misplaced concern. Looking at the statistics, on an average, we have a sanctioned strength of 21 Judges per million people that is roughly one …

Centre clears 5 judges after prod from Supreme Court
1 year, 10 months ago

Centre clears 5 judges after prod from Supreme Court

Hindustan Times  

The Union government cleared five new judges for the Supreme Court, hours after it assured a top court bench that the appointments will happen “very soon”, according to people aware of the matter who said a formal notification was likely to be issued late on Friday night or over the weekend. While hearing a contempt plea complaining against inordinate delay …

Ad-hocism in appointing judges of higher courts must stop
1 year, 10 months ago

Ad-hocism in appointing judges of higher courts must stop

The Hindu  

Published : Jan 26, 2023 10:35 IST Law Minister Kiren Rijiju fired another salvo recently by writing a letter to the Chief Justice of India “suggesting the inclusion of a government nominee in the decision-making process for shortlisting of judges” and asserting the “need for representation on a search-cum-evaluation committee for appointments of judges to the Supreme Court”. Law Minister …

Why Collegium needs urgent reform: Judiciary should be independent as well as accountable
1 year, 10 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 …

Think out of box to solve problem of vacancies in High Courts, says House panel
2 years ago

Think out of box to solve problem of vacancies in High Courts, says House panel

The Hindu  

Amid a standoff between the government and the Supreme Court Collegium over the appointment of judges, a Parliamentary panel has asked the Executive and the Judiciary to come up with "out of box thinking" to deal with the "perennial problem" of vacancies in High Courts. The committee also said that it is "surprised" to note that the Supreme Court and …

DC Edit | Judges’ pick: Make it transparent
2 years, 1 month ago

DC Edit | Judges’ pick: Make it transparent

Deccan Chronicle  

The Supreme Court expressing its displeasure to the Union government over the delay in appointing people in the higher judiciary despite reiteration by its collegium and issuing notice to bureaucrats in the ministry of law and justice must trigger a serious discussion in the way in which the whole exercise is being conducted. However, with the passage of time, the …

Centre’s silence on judicial postings condemnable: Supreme Court
2 years, 1 month ago

Centre’s silence on judicial postings condemnable: Supreme Court

The Hindu  

The Supreme Court on Friday lambasted the Centre for withholding names recommended or reiterated by the collegium for judicial appointments, even saying that the government is using silence and inaction as “some sort of a device” to force worthy candidates and prominent lawyers to withdraw their consent. “In the elaborate procedure from taking inputs from the government post recommendation from …

Supreme Court Seeks Status Report From Union On Appointment Of Ad-Hoc Judges In High Courts
2 years, 3 months ago

Supreme Court Seeks Status Report From Union On Appointment Of Ad-Hoc Judges In High Courts

Live Law  

The Supreme Court has sought a status report from the Union Government regarding the appointment of ad-hoc judges in High Courts under Article 224A of the Constitution.Article 224A enables a Chief Justice of a High Court, with the previous consent of the President, to request a former High Court judge to "sit and act as a judge" of the High …

Government approves 37 names recommended by SC collegium for appointment as judges in high courts
2 years, 4 months ago

Government approves 37 names recommended by SC collegium for appointment as judges in high courts

India Today  

The government has approved 37 names that came from the recommendation of the Supreme Court Collegium for appointment of judges in various high courts. So far this year, the government has appointed as many as 138 judges to the high courts on the recommendation of the collegium. Between 2014 and 2022, the government has appointed 769 judges and 619 additional …

Explained | The workings of the Supreme Court collegium
2 years, 4 months ago

Explained | The workings of the Supreme Court collegium

The Hindu  

The story so far: The Chief Justice of India N.V. Ramana’s tenure is drawing to an end in a few days. The collegium, as a united front, was able to recommend numerous judicial appointments and scripted history by getting nine Supreme Court judges appointed in one go. It ruled that the CJI would have to consult a collegium of his …

Recommend names for vacancies, CJI urges Chief Justices of High Courts
2 years, 7 months ago

Recommend names for vacancies, CJI urges Chief Justices of High Courts

The Hindu  

Chief Justice of India N.V. Ramana urged the Chief Justices of High Courts to extend their “whole-hearted cooperation” and speed up the process of recommending names to fill up judicial vacancies in their High Courts. “I request the Chief Justices of High Courts, which are still having number of vacancies, to forward the names for elevation at the earliest,” he …

Recommendations To 230 High Court Vacancies Yet To Be Received From HC Collegiums: Law Ministry
2 years, 8 months ago

Recommendations To 230 High Court Vacancies Yet To Be Received From HC Collegiums: Law Ministry

Live Law  

The Ministry of Law and Justice recently informed Lok Sabha that against 405 vacancies in High Courts, 175 proposals are at various stages of processing between the Government and the Supreme Court Collegium. It was also informed that recommendations from High Court Collegiums are yet to be received in respect of 230 vacancies in High Courts. Law Minister Kiren Rijiju …

Why appointing Supreme Court, high court judges through closed-door collegiums is flawed | OPINION
2 years, 10 months ago

Why appointing Supreme Court, high court judges through closed-door collegiums is flawed | OPINION

India Today  

Independence of judiciary is an essential feature not only for the Constitution of India, but for every country governed by the rule of law. According to constitutional provision, the President appoints judges of the Supreme Court and high courts “after consultation” with the members of judiciary. In the First Judges case of 1981, the Supreme Court held that the ‘consultation’ …

126 High Court Collegium Recommendations Remain Pending With the Central Government: Union Law Minister's Response on Judicial Vacancies
3 years ago

126 High Court Collegium Recommendations Remain Pending With the Central Government: Union Law Minister's Response on Judicial Vacancies

Live Law  

The Union Law Minister Kiren Rijiju told in the Rajya Sabha that out of 164 recommendations received from the High Court Collegium, 31 are pending with the Supreme Court collegium while seven were remitted to the High Courts. The submitted data reveals that a total of 126 of 164 recommendations are pending with the Central Government with different departments: Department …

Supreme Court Collegium Recommends Appointment, Transfer of Chief Justices for HCs
3 years, 3 months ago

Supreme Court Collegium Recommends Appointment, Transfer of Chief Justices for HCs

News 18  

The Supreme Court collegium on Friday has recommended names to the Centre for appointment and transfer of chief justices of different high courts across the country, sources told PTI. The three-member collegium headed by Chief Justice of India N V Ramana has recommended eight names for appointing them and transfer of four chief justices to different high courts. Besides the …

'We Cannot Demoralize High Courts':SC Rejects SG Tushar Mehta's Request To Direct All HCs To List Covid Cases Before Chief Justice-led Benches
3 years, 7 months ago

'We Cannot Demoralize High Courts':SC Rejects SG Tushar Mehta's Request To Direct All HCs To List Covid Cases Before Chief Justice-led Benches

Live Law  

Supreme Court on Friday declined the request of Solicitor-General Tushar Mehta seeking directions to all High Courts to only let Benches headed Chief Justices of the High Courts hear matters related to COVID-19. Submitting before a Bench of Justices Vineet Saran and BR Gavai that directions pertaining to vaccinations, essential drugs etc., had trans-state ramifications and required diplomatic routes to …

Recommendations Not Received From High Courts For 220 Vacancies : Attorney General Tells Supreme Court
3 years, 8 months ago

Recommendations Not Received From High Courts For 220 Vacancies : Attorney General Tells Supreme Court

Live Law  

The Union Ministry of Law and Justice is yet to receive recommendations from High Courts for 220 vacancies of judges, the Attorney General for India KK Venugopal has told the Supreme Court.In High Courts across the country, there are 416 vacancies out of the sanctioned strength of 1080. The Union Ministry of Law and Justice is yet to receive recommendations …

Unbridled Power Of Chief Justice As The Master Of Roster A Matter Of Concern: Mukul Rohatgi Agrees With Kapil Sibal
4 years ago

Unbridled Power Of Chief Justice As The Master Of Roster A Matter Of Concern: Mukul Rohatgi Agrees With Kapil Sibal

Live Law  

In so far as the unbridled power of the Chief Justices of the Supreme Court and the High Courts as the Master of the Roster is concerned, Senior Advocates Kapil SIbal and Mukul Rohatgi, on Tuesday, both concurred that it is a matter of concern. It is all left to the registry which operates at the directions from the Chief …

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