Why India needs urgent reform in higher judiciary
2 years ago

Why India needs urgent reform in higher judiciary

Firstpost  

Recent statements by the Union Law Minister and the Chief Justice of India have attracted a lot of attention. The distinction between what is the basic structure of the Constitution and what is not is debatable, and perhaps an outcome of judicial innovation much like how Public Interest Litigation is also a judicial intervention. It was this basic structure argument that was used to strike down the amendments to the procedure for appointment of judges which were brought in during the first term of the Narendra Modi government. A recent paper by Madhav S Aney, Subhankar Dam and Giovanni Ko titled “Jobs for Justice: Corruption in the Supreme Court of India” provides interesting evidence on this by constructing a data set of Supreme Court of India cases involving the government for 1999-2014: “We find that incentives to pander have a causal effect on judicial decision-making, and they are jointly determined by the importance of the case and whether the judge retires with enough time left in a government’s term to be rewarded with a prestigious job. Given our poor rankings on enforcement of contracts, high litigation costs and lack of clarity on judicial outcomes due to inconsistency on part of judges — our judicial structure is certainly a constraint even on our growth process.

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History of this topic

Transformative yet unfulfilled: Senior lawyers on Chief Justice Chandrachud's tenure
1 month, 2 weeks ago

Transformative yet unfulfilled: Senior lawyers on Chief Justice Chandrachud's tenure

India Today  

As Chief Justice of India DY Chandrachud prepares to retire on Sunday, members of the Bar Council have shared insights on his tenure, recognising both his transformative contributions and areas where their expectations remained unmet. Senior Advocate Vikas Pahwa echoed these sentiments, describing CJI Chandrachud's tenure as "nothing short of transformative" and praising his "hands-on approach" to addressing the Bar's …

Judiciary an integral institution, complacency not an option: CJI
3 months, 3 weeks ago

Judiciary an integral institution, complacency not an option: CJI

Hindustan Times  

Chief Justice of India Dhananjaya Y Chandrachud on Sunday underscored that complacency is a luxury the judiciary cannot afford even as he acknowledged the ongoing challenge of case pendency and emphasised that the judiciary’s effectiveness and independence are closely tied to ensuring proper working conditions and financial security for judges. In an institution as integral to the life of a …

CJI DY Chandrachud Stresses Need For Open Communication Between Judicial Officers & High Court Judges
3 months, 3 weeks ago

CJI DY Chandrachud Stresses Need For Open Communication Between Judicial Officers & High Court Judges

Live Law  

The Chief Justice of India DY Chandrachud while speaking at the valedictory ceremony of the 2 day long National Conference of the District Judiciary, addressed the issue of bridging communication gaps between the district judiciary and the High Courts. An environment of open, frank and wholistic communication between judicial officers and High Court judges is vital in achieving fair transfer …

Time To Think Of National-Level Judicial Recruitment Instead Of State-Based Selections : CJI DY Chandrachud
3 months, 3 weeks ago

Time To Think Of National-Level Judicial Recruitment Instead Of State-Based Selections : CJI DY Chandrachud

Live Law  

Chief Justice of India DY Chandrachud on Sunday endorsed the idea of a national-level recruitment process for the judicial services of all States. He said that the time has now come to think of national integration by having recruitment to judicial service which crosses "narrow domestic walls of regionalism and state-centred selections". Time has really come now to truly think …

Time to remind citizens that we exist for them: CJI Chandrachud
3 months, 3 weeks ago

Time to remind citizens that we exist for them: CJI Chandrachud

Hindustan Times  

Chief Justice of India Dhananjaya Y Chandrachud on Saturday said that judiciary cannot be indifferent to the suffering and injustice of litigants approaching courts as he exhorted members of the district judiciary – the first point of contact for citizens seeking justice – to give back to the society by reminding citizens that “we exist for them”. Speaking at the …

Lawyers, judges rise above differences in quest for justice: CJI DY Chandrachud
8 months, 3 weeks ago

Lawyers, judges rise above differences in quest for justice: CJI DY Chandrachud

India TV News  

Chief Justice of India DY Chandrachud on Wednesday said that he feels social media exacerbates differences between people but lawyers and judges rise above the differences in the common quest for justice. In his address after laying the foundation stone for the new Telangana High Court complex, to come up adjacent to the Professor Jayashankar Telangana State Agriculture University at …

Govt vs Court – the problem is structural
1 year ago

Govt vs Court – the problem is structural

Hindustan Times  

A Bench of the Supreme Court consisting of justices Sanjay Kishan Kaul and Sudhanshu Dhulia has criticised the Centre’s “selective approach” in appointing and transferring judges of the higher judiciary. In the United Kingdom, it is a Judicial Appointment Commission that chooses judges for higher courts; neither the judiciary nor the executive has predominance. India does not have a “clearly …

President Murmu suggests all-India judicial service to select, nurture young talents in judiciary
1 year ago

President Murmu suggests all-India judicial service to select, nurture young talents in judiciary

India TV News  

Constitution Day event: President Droupadi Murmu on Sunday unveiled a statue of Dr BR Ambedkar in the Supreme Court premises on the occasion of Constitution Day and suggested the creation of an all-India judicial service to select youngsters and nurture their talents from lower to higher levels in judiciary. The President, while addressing the Constitution Day celebrations organised by the …

Collegium system is vibrant, committed to its task: CJI Chandrachud
1 year, 5 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 …

Maharashtra political crisis verdict today: Supreme Court to decide on questions of law
1 year, 7 months ago

Maharashtra political crisis verdict today: Supreme Court to decide on questions of law

India Today  

A Constitution bench headed by the Chief Justice of India, DY Chandrachud, will deliver its crucial verdict today in the pleas pertaining to the Maharashtra political crisis. The judgement will decide the fate of the Eknath Shinde government in Maharashtra and also of the ousted Shiv Sena leader Udhhav Thackrey while answering some important questions of law. Whether a notice …

Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court | Shiv Sena Case Hearing [February 22]
1 year, 10 months ago

Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court | Shiv Sena Case Hearing [February 22]

Live Law  

A Constitution Bench of the Supreme Court will continue hearing today the cases related to Shiv Sena rift.Yesterday, Senior Advocate Kapil Sibal made arguments on behalf of Uddhav Thackeray side. Reports about yesterday's hearing can be read here and here.A bench comprising Chief Justice of India DY Chandrachud, Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha is hearing …

Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court | Shiv Sena Case Hearing [February 22]
1 year, 10 months ago

Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court | Shiv Sena Case Hearing [February 22]

Live Law  

A Constitution Bench of the Supreme Court will continue hearing today the cases related to Shiv Sena rift.Yesterday, Senior Advocate Kapil Sibal made arguments on behalf of Uddhav Thackeray side. Reports about yesterday's hearing can be read here and here.A bench comprising Chief Justice of India DY Chandrachud, Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha is hearing …

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 …

India Survives Much Beyond Delhi, We Need To Focus On District Judiciary: CJI DY Chandrachud
2 years ago

India Survives Much Beyond Delhi, We Need To Focus On District Judiciary: CJI DY Chandrachud

Live Law  

Speaking at the inauguration of Delhi High Court's S Block building, Chief Justice Of India D.Y. Recalling his childhood, CJI Chandrachud said when the Delhi High Court building was inaugurated and when the transition happened from the small circuit court to the established building for the Delhi High Court, his mother said "what we saw today is not a High …

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

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

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 …

CJI Chandrachud on ‘old boys club’ and challenges to judiciary | HTLS 2022
2 years, 1 month ago

CJI Chandrachud on ‘old boys club’ and challenges to judiciary | HTLS 2022

Hindustan Times  

CJI Chandrachud on ‘old boys club’ and challenges to judiciary | HTLS 2022 Speaking at the 20th edition of the Hindustan Times Leadership Summit, 2022, Chief Justice of India DY Chandrachud said that the law should not be used as an instrument of oppression by those who handle it. “Entering chambers of senior counsel -- it's an old boys club. …

CJI Chandrachud on ‘old boys club’ and challenges to judiciary | HTLS 2022
2 years, 1 month ago

CJI Chandrachud on ‘old boys club’ and challenges to judiciary | HTLS 2022

Hindustan Times  

CJI Chandrachud on ‘old boys club’ and challenges to judiciary | HTLS 2022 Speaking at the 20th edition of the Hindustan Times Leadership Summit, 2022, Chief Justice of India DY Chandrachud said that the law should not be used as an instrument of oppression by those who handle it. “Entering chambers of senior counsel -- it's an old boys club. …

Justice Chandrachud Becomes CJI: 'Liberal' But Not Boxed to an 'Ideology', What Era Will He Bring?
2 years, 1 month ago

Justice Chandrachud Becomes CJI: 'Liberal' But Not Boxed to an 'Ideology', What Era Will He Bring?

News 18  

Supreme Court judge Justice DY Chandrachud, who took oath as the 50th Chief Justice of India on Wednesday, said on Monday that he has “very big-sized shoes to fill” as Justice UU Lalit’s successor and hoped to continue the “good work” initiated by him. Elevated as a judge of the Supreme Court on May 13, 2016, Justice Chandrachud will have …

What does the judiciary in India need as reforms?
2 years, 3 months ago

What does the judiciary in India need as reforms?

The Hindu  

Published : Aug 27, 2022 12:30 IST This is a simple and straightforward list of reforms for the judiciary. The High Courts Appointments: The appointment of judges to the High Court is done by the collegium system of the Supreme Court consisting of the Chief Justice and the four most senior judges. Do away with the oft-criticised collegium system of …

'Strengthening The District Judiciary Is The Need Of The Hour': CJI N.V. Ramana
2 years, 4 months ago

'Strengthening The District Judiciary Is The Need Of The Hour': CJI N.V. Ramana

Live Law  

While delivering his speech at the First Meeting of the All India District Legal Services Authority, organised by NALSA, Chief Justice of India, N.V. Ramana emphasized on the urgent need to strengthen the subordinate judiciary. District Courts being people's first point of contact with the judiciary plays a pivotal role in the dispensation of justice. He reckoned that being the …

How All-India Judicial Services can go a long way in fixing talent deficit and vacancy in district courts
2 years, 7 months ago

How All-India Judicial Services can go a long way in fixing talent deficit and vacancy in district courts

Firstpost  

Recently, Chief Justice of India NV Ramana stressed the need to fill up vacancies, at all levels of the judiciary, on a war footing. Not long ago in 2017, the situation came to an all-time high with almost 6,000 judges’ posts in the district and subordinate courts remaining vacant. Implement centralised countrywide judicial recruitments Articles 233 and 234 of the …

All India Judicial Service - 2 High Courts In Favour, 13 HCs Against : Law Minister Tells Lok Sabha
3 years ago

All India Judicial Service - 2 High Courts In Favour, 13 HCs Against : Law Minister Tells Lok Sabha

Live Law  

In the Lok Sabha's Zero Hour today, in response to a question regarding the government's stance on the creation of All India Judicial Service Union Minister of Law and Justice Mr.Kiren Rijiju in his written response submitted that the government is "engaged in a consultative process with the stakeholders to arrive on a common ground. In the Lok Sabha's Zero …

President bats for BJP's all-India judicial service to pick judges
3 years ago

President bats for BJP's all-India judicial service to pick judges

Deccan Chronicle  

New Delhi: Referring to the issue of judicial appointments, the President Ram Nath Kovind on Saturday favoured creating an All-India Judicial Service for the recruitment and appointment of judges at all levels of judiciary, saying that the idea is in voyage for the last five decades but has not been tested. For instance, there can be an All-India Judicial Service …

About 3.5 Crore Cases Pending In Indian District Courts: Plea In Supreme Court For Appointment Of More Judges In Subordinate Judiciary
3 years, 11 months ago

About 3.5 Crore Cases Pending In Indian District Courts: Plea In Supreme Court For Appointment Of More Judges In Subordinate Judiciary

Live Law  

A public interest litigation has been filed in the Supreme Court, underscoring the issue of long pendency of cases in Subordinates Courts in India, inter alia seeking formal guidelines and rule of procedures for the appointment of judges within the time-bound duration. The Petitioner pointed out that about 3.5 crore cases are pending in Indian District Courts, out of which …

A people’s court must be open to public accountability
4 years, 4 months ago

A people’s court must be open to public accountability

Live Mint  

The Supreme Court’s recent contempt judgement against Prashant Bhushan has again raised the question of what is considered legitimate criticism of India’s higher judiciary. The Supreme Court has evolved the judicial appointment system and enlarged its public interest litigation jurisprudence well beyond its original constitutional mandate, effectively converting itself into a people’s court. But after Indira Gandhi’s authoritarian rule during …

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