SC Dismisses the PIL against post retirement assignments of Judges
10 years, 5 months ago

SC Dismisses the PIL against post retirement assignments of Judges

Live Law  

The propriety of judges of higher judiciary taking up post –retirement jobs has been widely debated and acquired momentum after the appointment of former Chief Justice P.Sathasivam as the Governor of Kerala. The discussions have been brought to a legal conclusion with the dismissal of a PIL which sought restriction on post assignment of members of higher judiciary, including. The discussions have been brought to a legal conclusion with the dismissal of a PIL which sought restriction on post assignment of members of higher judiciary, including the Judges of the Supreme Court. Lodha had at the time of his retirement advocated two years’ cooling-off period after retirement before the judges of the higher judiciary could pick up any assignment with the government, but such observations have not made any impact on the Court hearing the PIL.

Justice Judges Court Pil Post Higher Judiciary Retirement Assignments  higher  judiciary  sc  justice  chief  jobs  pil  retirement  assignments  post  judges  dismisses  legal

History of this topic

Madras HC upholds compulsory retirement of district judge
1 month, 1 week ago

Madras HC upholds compulsory retirement of district judge

New Indian Express  

CHENNAI: The Madras High Court has refused to revoke an order of the state government and the subsequent notification of the court for compulsorily retiring a district judge who was charged with carrying out murky financial transactions and acquisition of wealth by his family members. A division bench of Justices R Subramanian and G Arul Murugan dismissed the petition filed …

Post-retirement jobs need more discretion
1 year, 6 months ago

Post-retirement jobs need more discretion

Hindustan Times  

The question of people who held influential positions in their formal careers accepting plum post-retirement jobs is one mired in questions of personal values and public ethics, especially if it involves judges. The Supreme Court weighed in on this question this week, turning down a public interest litigation pressing for a mandatory cooling-off period of two years for judges of …

Retired Employees Can't Claim Benefit Of Subsequent Govt Decision To Increase Retirement Age : Supreme Court
1 year, 7 months ago

Retired Employees Can't Claim Benefit Of Subsequent Govt Decision To Increase Retirement Age : Supreme Court

Live Law  

The Supreme Court has dismissed a petition filed by a group of teachers in Homeopathic Medical Colleges in Kerala seeking increase of their retirement age from 55 years to 60 years at par with the teachers of other Medical Colleges.The appellants approached the Supreme Court in 2010 challenging the refusal of the Kerala High Court to grant them relief. The …

Lawyers' Body Moves Supreme Court Seeking 2 Years Cooling Off Period For Retired Judges To Accept Post-Retirement Appointments
1 year, 10 months ago

Lawyers' Body Moves Supreme Court Seeking 2 Years Cooling Off Period For Retired Judges To Accept Post-Retirement Appointments

Live Law  

Amid mounting criticism over retired judges accepting post-retirement sinecures, a public interest litigation petition has been filed seeking a ‘cooling off’ period of two years before any retired judge of the Supreme Court or high courts can accept a political appointment. The petition states: “Under Articles 32 and 226, the Supreme Court and the high courts enforce fundamental rights of …

‘How Is This A PIL?’: HC on Petition Seeking Order to Restrain Maharashtra Guv Koshyari 'From Speaking'
2 years, 3 months ago

‘How Is This A PIL?’: HC on Petition Seeking Order to Restrain Maharashtra Guv Koshyari 'From Speaking'

News 18  

How is this a PIL, asked a division bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja on Thursday, questioning the petitioner as to how can the court restrain the Governor of Maharashtra Bhagat Singh Koshyari “from speaking”. WHAT IT STATES The petition stated that Koshyari on February 2 had said that Samarth Ramdas was the ‘Guru’ of Chhatrapati …

Supreme Court Dismisses Plea To Enhance Retirement Age Of College Faculty As 65 Yrs
2 years, 7 months ago

Supreme Court Dismisses Plea To Enhance Retirement Age Of College Faculty As 65 Yrs

Live Law  

The Supreme Court on Tuesday dismissed an appeal which sought a direction to enhance the retirement age of college teachers as 65 years in State of Kerala as per a recommendation made by the University Grants Commission in 2010.A bench comprising Justices Indira Banerjee and Justice JK Maheshwari affirmed the view taken by the Kerala. A bench comprising Justices Indira …

Supreme Court Pulls Up State Of Kerala For Challenging Seniority Of Upper Division Clerk
2 years, 10 months ago

Supreme Court Pulls Up State Of Kerala For Challenging Seniority Of Upper Division Clerk

Live Law  

The Supreme Court on Friday pulled up the State of Kerala for filing a Special Leave Petition assailing Kerala High Court's order of affirming the seniority of an upper division clerk. "In the case of an upper division clerk who has been given seniority, is there for SC to interfere? When the matter was called for hearing, Justice DY Chandrachud …

Supreme Court Directs Compulsory Retirement Of Judicial Officer; Says Solitary Remark About Lack Of Integrity Sufficient
3 years, 7 months ago

Supreme Court Directs Compulsory Retirement Of Judicial Officer; Says Solitary Remark About Lack Of Integrity Sufficient

Live Law  

The Supreme Court observed that solitary remark regarding lack of integrity is sufficient to order compulsory retirement of a Judicial Officer.The bench of Justices AM Khanwilkar and Sanjiv Khanna set aside a Rajasthan High Court judgment which directed reinstatement of a judicial officer who was compulsorily retired.A judicial officer was compulsorily retired from Rajasthan Higher. The Supreme Court observed that …

PIL Filed By An Unregistered Body Is Not Maintainable: Kerala HC [Read Judgment]
4 years, 9 months ago

PIL Filed By An Unregistered Body Is Not Maintainable: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has held that a Public Interest Litigation filed by an unregistered body is not maintainable.The bench of the Chief Justice S. Manikumar and Justice Shaji P. Chaly dismissed a PIL filed by "Prathyasa Mental Health Counselling forum". The bench of the Chief Justice S. Manikumar and Justice Shaji P. Chaly dismissed a PIL filed by "Prathyasa …

Kerala HC Dismisses Challenge Against Compulsory Retirement Of Judicial Officer [Read Judgment]
5 years, 1 month ago

Kerala HC Dismisses Challenge Against Compulsory Retirement Of Judicial Officer [Read Judgment]

Live Law  

The High Court of Kerala observed that there is no scope of interference in disciplinary action against officer in judicial service if there is sufficient evidence for showing unsatisfactory conduct. In the instant case the petitioner, one Mr. V. Jayakumar, former Judicial First Class Magistrate, Pathanamthitta, was compulsorily retired under Rule 13A of the Kerala Judicial Service Rule 1991. The …

Post-retirement prospects for constitutional court judges tear the fabric of judicial independence
5 years, 6 months ago

Post-retirement prospects for constitutional court judges tear the fabric of judicial independence

Firstpost  

The government’s appointment of Justice Sunil Gaur as the chairperson of the Prevention of Money Laundering Appellate Tribunal has once again brought back into the spotlight questions of constitutional significance facing the independence and credibility of India’s higher judiciary. One public interest justification put forward in favor of post-retirement jobs is that judges of high courts and the Supreme Court, …

A Candidate In PSC Rank List Does Not Get An Indefeasible Right To Be Appointed: Kerala HC (FB) [Read Judgment]
6 years, 1 month ago

A Candidate In PSC Rank List Does Not Get An Indefeasible Right To Be Appointed: Kerala HC (FB) [Read Judgment]

Live Law  

A full bench of Kerala High Court has observed that no candidate can claim a legally enforceable right to be appointed to a particular post merely on the strength of his/her inclusion in the rank list published by the Public Service Commission. The bench comprising Justice PR Ramachandra Menon, Justice Devan Ramachandran and Justice N. Anil Kumar, was answering a …

Why Supreme Court collegium elevated Justice Sanjiv Khanna
6 years, 2 months ago

Why Supreme Court collegium elevated Justice Sanjiv Khanna

Hindustan Times  

The collegium’s controversial decision to elevate justice Sanjiv Khanna from the Delhi high court to the Supreme Court may have been driven by a desire to ensure continuity in the top court’s leadership after November 2024, a person familiar with the matter said on condition of anonymity. “Besides suitability, one of the things considered by the collegium while elevating justice …

[Debate]Immediate Post-Retirement Appointment of Judges : Mutual Bonhomie between Executive And Judiciary?
6 years, 8 months ago

[Debate]Immediate Post-Retirement Appointment of Judges : Mutual Bonhomie between Executive And Judiciary?

Live Law  

"The Tribunals should not be heaven for retired persons and appointment process should not result in decisions being influenced if the Government itself is a litigant and appointment authority at the same time. Justice R.K Agrawal was appointed as the Chairman of the National Consumer Redressal Commission during last week of May, within a few weeks after his retirement from …

[Debate]Immediate Post-Retirement Appointment of Judges : Mutual Bonhomie between Executive And Judiciary?
6 years, 8 months ago

[Debate]Immediate Post-Retirement Appointment of Judges : Mutual Bonhomie between Executive And Judiciary?

Live Law  

"The Tribunals should not be heaven for retired persons and appointment process should not result in decisions being influenced if the Government itself is a litigant and appointment authority at the same time. Justice R.K Agrawal was appointed as the Chairman of the National Consumer Redressal Commission during last week of May, within a few weeks after his retirement from …

Will ‘Governor Sathasivam’ Appoint A Person Convicted By ‘Justice Sathasivam’ As Chairman Of Kerala Forward Community Commission?
7 years, 10 months ago

Will ‘Governor Sathasivam’ Appoint A Person Convicted By ‘Justice Sathasivam’ As Chairman Of Kerala Forward Community Commission?

Live Law  

The decision to appoint of Balakrishna Pillai as the chairman of the State Forward Communities Welfare Corporation is, in itself, an embarrassment to the constitutional and democratic will of people of this country, but the fact that Justice Sathasivam as Governor of the state shall have to sign the order appointing him is a bigger embarrassment.Justice P Sathasivam served the …

PIL Against President Of India: SC Bars Petitioners From Filing Any PIL in Any Court [Read Order]
8 years, 2 months ago

PIL Against President Of India: SC Bars Petitioners From Filing Any PIL in Any Court [Read Order]

Live Law  

The Supreme Court on Monday debarred two PIL petitioners from filing any public interest litigations in any constitutional courts in India.A bench comprising Justices Dipak Misra and R Banumati dismissed the PIL in which President Pranab Mukherjee was arraigned as first respondent.“The Constitution Bench of this Court in Rameshwar Prasad & Ors. Despite the said pronouncement, the petitioners being emboldened …

Unique PIL in SC - ‘Apex court Judges be allowed to hold office as long as they can’ [Read Petition]
9 years, 2 months ago

Unique PIL in SC - ‘Apex court Judges be allowed to hold office as long as they can’ [Read Petition]

Live Law  

Amidst the raging debate over post-retirement jobs for judges of higher judiciary, a unique kind of PIL has been filed in the Supreme Court to permit apex court judges to remain in office as long as they can.According to the PIL filed by Vibhor Anand, a final year law student, this will not only enable the judiciary to tap the …

Unique PIL in SC - ‘Apex court Judges be allowed to hold office as long as they can’ [Read Petition]
9 years, 2 months ago

Unique PIL in SC - ‘Apex court Judges be allowed to hold office as long as they can’ [Read Petition]

Live Law  

Amidst the raging debate over post-retirement jobs for judges of higher judiciary, a unique kind of PIL has been filed in the Supreme Court to permit apex court judges to remain in office as long as they can.According to the PIL filed by Vibhor Anand, a final year law student, this will not only enable the judiciary to tap the …

Post retirement jobs for Judges: Judicial and Political divide calls for Appropriate Amendments
9 years, 3 months ago

Post retirement jobs for Judges: Judicial and Political divide calls for Appropriate Amendments

Live Law  

Displaying sharp contrast with his predecessor, CJI Dattu has indicated his willingness to accept the Government’s proposal to be appointed as the Chairperson of the National Human Rights Commission. He had requested the then Prime Minister, Manmohan Singh, to bring in a system under which three months before they actually retired, Supreme Court and high court judges would be given …

Scope of Automatic Disqualification & Rule of Bias in post retirement practice
9 years, 9 months ago

Scope of Automatic Disqualification & Rule of Bias in post retirement practice

Live Law  

A judge, who had previously been associated with crown, as its Minister, is precluded from hearing the validity dispute of the Crown Statute, to avoid the causes of prejudice and it is taken as one of the rule against bias. Hostility or even special relations are treated as causes of prejudice in judicial adjudications, and thus the Bar Council of …

Sathasivam disgraced Judiciary by accepting Governorship, now he is disgracing Governor post as well; Dushyant Dave
10 years ago

Sathasivam disgraced Judiciary by accepting Governorship, now he is disgracing Governor post as well; Dushyant Dave

Live Law  

In an article published in Manorma Online, President of the Supreme Court Bar Association, Senior Advocate Mr. Dushyant Dave has criticised the intervention by Kerala Governor, former Chief Justice of India P. Sathasivam in light of recent incidents in the Kerala assembly.In a very strong worded article, Mr. Dave has written, “Sathasivam disgraced judiciary by accepting the Governor’s. In an …

Can't fix cooling off period for judges to take government jobs: Supreme Court
10 years, 5 months ago

Can't fix cooling off period for judges to take government jobs: Supreme Court

India TV News  

New Delhi: The Supreme Court today refused to fix any cooling off period for judges to take up government assignments after retirement, an issue which has been widely debated after former CJI P Sathasivam took governorship soon after his tenure ended. A bench headed Chief Justice H L Dattu dismissed a PIL seeking its direction for stipulating cooling off period …

Can’t fix cooling off period for judges: SC
10 years, 5 months ago

Can’t fix cooling off period for judges: SC

The Hindu  

The Supreme Court on Wednesday refused to fix any cooling off period for judges to take up government assignments after retirement, an issue which has been widely debated after former CJI P Sathasivam took governorship soon after his tenure ended. A bench headed Chief Justice H L Dattu dismissed a PIL seeking its direction for stipulating cooling off period for …

Despite oppositions, Justice Sathasivam appointed as Kerala Governor
10 years, 6 months ago

Despite oppositions, Justice Sathasivam appointed as Kerala Governor

Live Law  

It has only been days since Sheila Dikshit resigned as the Governor of Kerala, and the Government of India despite all the opposition from other political parties and the judiciary itself appointed former Chief Justice of India as Governor of Kerala on Wednesday.Before the present instance, a former Chief Justice of India had never been appointed as a Governor, however, …

Despite oppositions, Justice Sathasivam appointed as Kerala Governor
10 years, 6 months ago

Despite oppositions, Justice Sathasivam appointed as Kerala Governor

Live Law  

It has only been days since Sheila Dikshit resigned as the Governor of Kerala, and the Government of India despite all the opposition from other political parties and the judiciary itself appointed former Chief Justice of India as Governor of Kerala on Wednesday.Before the present instance, a former Chief Justice of India had never been appointed as a Governor, however, …

Nothing wrong in appointment of Sathasivam as Kerala Guv: Kalyan Singh
10 years, 6 months ago

Nothing wrong in appointment of Sathasivam as Kerala Guv: Kalyan Singh

Firstpost  

There is nothing wrong in the appointment of former Chief Justice of India P Sathasivam as the Governor of Kerala, Rajasthan Governor Kalyan Singh said. Jaipur: There is nothing wrong in the appointment of former Chief Justice of India P Sathasivam as the Governor of Kerala, newly-appointed Rajasthan Governor Kalyan Singh said o Thursday. Hailing Rajasthan Chief Minister Vasundhara Raje, …

Appointment as Kerala governor is constitutional, not political: Sathasivam
10 years, 6 months ago

Appointment as Kerala governor is constitutional, not political: Sathasivam

Firstpost  

Former chief justice of India P Sathasivam on Thursday said there was “no controversy in my appointment” as the new Kerala governor. Thiruvananthapuram: Former chief justice of India P Sathasivam on Thursday said there was “no controversy in my appointment” as the new Kerala governor as he had retired from the apex court four months ago. Sathasivam was appointed Kerala …

AAP slams Sathasivam's appointment as Kerala governor
10 years, 6 months ago

AAP slams Sathasivam's appointment as Kerala governor

India TV News  

New Delhi: The AAP Wednesday slammed the appointment of former chief justice of India P. Sathasivam as the new governor of Kerala, saying the central government's decision "will set a wrong precedent". "Appointment of Justice Sathasivam as governor would give governments an instrument to subvert the independence of judiciary, which would dent the credibility of the institutions," the Aam Aadmi …

Jurists opposes Sathasivam as Governor; Kerala HC Advocates Association passes Resolution
10 years, 6 months ago

Jurists opposes Sathasivam as Governor; Kerala HC Advocates Association passes Resolution

Live Law  

Jurists including former Chief Justices of India objected the move to appoint Justice Sathasivam as Governor. It will be seen as an inducement by the political executive and will set an unwholesome precedent,” Meanwhile Kerala High Court Advocates Association passed a resolution against the appointment of Justice Sathasivam as Kerala Governor. It is true that there is no express provision …

The real problem with former CJI Sathasivam’s appointment as Kerala governor
10 years, 6 months ago

The real problem with former CJI Sathasivam’s appointment as Kerala governor

Firstpost  

The controversy over the reported appointment of former Chief Justice of India P Sathasivam continues to brew in Kerala with political leaders from the Congress and the CPM as well as constitutional experts expressing serious reservations. While chief minister Oomen Chandy maintained that he has not been consulted, the president of the Kerala Pradesh Congress Committee, VM Sudheeran said constitutional …

Appointment of a former CJI as Governor. Does it improve the status of the Governor or lower the status of judiciary?
10 years, 6 months ago

Appointment of a former CJI as Governor. Does it improve the status of the Governor or lower the status of judiciary?

Live Law  

It is quite ironical or surprising that a former Chief Justice of India has accepted the post of Governor at a time when the status of the constitutional post has touched upon its nadir. The present day Governors are treated like ‘clerks’ in central secretariat, who continues at the pleasure of their new political masters. Among the post of Governors, …

Appointment of a former CJI as Governor. Does it improve the status of the Governor or lower the status of judiciary?
10 years, 6 months ago

Appointment of a former CJI as Governor. Does it improve the status of the Governor or lower the status of judiciary?

Live Law  

It is quite ironical or surprising that a former Chief Justice of India has accepted the post of Governor at a time when the status of the constitutional post has touched upon its nadir. The present day Governors are treated like ‘clerks’ in central secretariat, who continues at the pleasure of their new political masters. Among the post of Governors, …

Move to appoint ex-CJI Sathasivam as Kerala Governor sparks debate
10 years, 6 months ago

Move to appoint ex-CJI Sathasivam as Kerala Governor sparks debate

India TV News  

Thiruvananthapuram: The Congress in Kerala on Sunday expressed doubt over the aptness of a former Chief Justice of India taking over as the Governor of a state. The state's ruling party's response came following reports that former CJI P Sathasivam would replace Sheila Dikshit who last week announced that she is quitting. AIBA Chairman Adish Aggarwala has termed the government's …

By the Judges For the Judges
10 years, 10 months ago

By the Judges For the Judges

Live Law  

On 22nd April 2014, Supreme Court of India delivered a judgment in a Public Interest Litigation filed by an orthopedic Surgeon, who is concerned with the alarming number of road accidents in our country. In Namit Sharma v. Union of India Supreme Court held that ‘Chief Information Commissioners at the Centre or State level shall only be a person who …

Don’t rush through judges selection: Sathasivam
10 years, 11 months ago

Don’t rush through judges selection: Sathasivam

The Hindu  

The Supreme Court Bar Association and fellow judges on Friday bid a warm farewell to Chief Justice of India P. Sathasivam, who retires on Saturday after a successful tenure of about seven years as Supreme Court judge. Justice Sathasivam, who was appointed Supreme Court judge in August 2007, gave several landmark judgments, which included a valiant pronouncement in the matter …

Justice S.S. Satheesachandran, judge of the High Court of Kerala set to retire from service
11 years, 1 month ago

Justice S.S. Satheesachandran, judge of the High Court of Kerala set to retire from service

Live Law  

The curtains are set to come down on an eventful 22 year-long career as a judge, initially as a District and Sessions Judge, and later, as a judge of the High Court, as the Hon’ble Mr. Justice S.S. Satheesachandran, judge of the High Court of Kerala, is set to retire from service in the forenoon of 03.03.2014.There will be a …

Petition to increase retirement age of judges turned down by the Supreme Court
11 years, 2 months ago

Petition to increase retirement age of judges turned down by the Supreme Court

Live Law  

A Supreme Court bench headed by Chief Justice P Sathasivam declined to entertain a PIL filed by an advocate R K Kapoor pleading that the superannuation age of judges of trial courts be increased from 60 to 62 years and those in the high courts from 62 to 65 years. The contention of the petitioner that the retirement age of …

Petition to increase retirement age of judges turned down by the Supreme Court
11 years, 2 months ago

Petition to increase retirement age of judges turned down by the Supreme Court

Live Law  

A Supreme Court bench headed by Chief Justice P Sathasivam declined to entertain a PIL filed by an advocate R K Kapoor pleading that the superannuation age of judges of trial courts be increased from 60 to 62 years and those in the high courts from 62 to 65 years. The contention of the petitioner that the retirement age of …

Madras HC dismissed petition to enhance HC and SC judges' retirement age
11 years, 5 months ago

Madras HC dismissed petition to enhance HC and SC judges' retirement age

Firstpost  

The Madras High Court has dismissed a petition which sought a direction to the Centre to enhance the retirement age for judges in High Courts and the Supreme Court. Chennai: The Madras High Court has dismissed a petition which sought a direction to the Centre to enhance the retirement age for judges in High Courts and the Supreme Court. The …

PIL in Bombay High Court to ban former judges from practice
12 years, 9 months ago

PIL in Bombay High Court to ban former judges from practice

India TV News  

Mumbai, June 13: A public interest litigation has urged the Bombay High Court to restrain its five former judges from practising in the same court after resigning as judges. The PIL says five additional judges of the High Court, who had resigned from their post after 12 to 15 months of their appointment, should not be allowed to practice as …

Discover Related