‘Victoria Gowri Case Prime Example Of What Can Happen When Process Collapses’: Justice AP Shah On Need For Transparent & Accountable Collegium
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 transparent and accountable collegium, the former Judge reckoned that Justice Gowri’s appointment is reflective of the collapse in processes of the Collegium system. There is no real effort to explore how to holistically bring diversity in the system.” Talking about Government’s interference in the appointment process, Justice Shah stated - “This Govt. He added - “On one hand, the Govt is interfering by obstructing appointments, sitting on files, manipulating the system and on the other, in public forums, the Law Minister and the Vice President attack the collegium system.” Justice Shah concluded by providing suggestions to improve the existing collegium system.

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History of this topic

Could have been avoided: Justice Roy on PM Modi's visit to DY Chandrachud's home
1 month, 2 weeks ago

Could have been avoided: Justice Roy on PM Modi's visit to DY Chandrachud's home

India Today  

Justice Hrishikesh Roy, who retired from the Supreme Court on Saturday, spoke on the controversy that erupted after Prime Minister Narendra Modi attended Ganpati Puja celebrations at the residence of the then Chief Justice DY Chandrachud. Of course, the optics appeared somewhat disturbing, but in hindsight, I believe it could have been avoided," Justice Roy said in an interview with …

‘Collegium not the best system to pick judges... transparent dialogue needed’: Justice SK Kaul
1 year, 2 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 …

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

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

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 …

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

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

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 …

Why Collegium needs urgent reform: Judiciary should be independent as well as accountable
2 years, 1 month 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 …

Law Minister Questions Collegium System Again, Backs Ex-Judge Who Said SC 'Hijacked' Constitution
2 years, 1 month 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 …

Received representations on lack of transparency in Collegium system: Law Minister Kiren Rijiju
2 years, 2 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 …

The attack on the last bastion — the judiciary
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 …

Why is there friction between the government and the judiciary?
2 years, 3 months ago

Why is there friction between the government and the judiciary?

The Hindu  

The story so far: A major confrontation is on between the Union government and the Supreme Court over the former’s resentment towards the Collegium system of appointments and its push to have a dominant say in judicial appointments and transfers. On October 17, Law Minister Kiren Rijiju shot a salvo at the Supreme Court Collegium, saying they were “preoccupied” with …

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

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

Unseemly conflict: The Hindu Editorial on Supreme Court-government tussle over the Collegium system
2 years, 3 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 …

In govt-judiciary clash, no one is the winner
2 years, 3 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 …

Malady and remedy: The Hindu Editorial on the collegium system of judicial appointments
2 years, 4 months ago

Malady and remedy: The Hindu Editorial on the collegium system of judicial appointments

The Hindu  

The collegium system of making appointments to the higher judiciary has come under focus, largely due to critical remarks made by Union Law Minister Kiren Rijiju. A lawyer has now formally approached the Supreme Court for reconsideration of its 2015 judgment striking down the Constitution amendment and the law creating a National Judicial Appointments Commission. While the petition will be …

Collegium system is perfect, says ex-CJI Lalit
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 …

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

Can't Leave Judicial Appointments to Govt, But Make Collegium System Transparent
2 years, 4 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 …

'Not transparent, internal politics in Judiciary...' Law Minister Rijiju on judicial appointments
2 years, 5 months ago

'Not transparent, internal politics in Judiciary...' Law Minister Rijiju on judicial appointments

Firstpost  

Rijiju said India has a vibrant democracy and sometimes appeasement politics can also be observed Ahmedabad: Emphasizing the need for reforms in judicial appointments, Union Law Minister Kiren Rijiju has said the procedure of the Collegium system is very opaque and there exists “internal politics” in the Judiciary. But the issue is that when the judiciary goes astray, there is …

Explained | Why does the SC Collegium hold primacy over appointments and transfers?
2 years, 5 months ago

Explained | Why does the SC Collegium hold primacy over appointments and transfers?

The Hindu  

Appointments and transfers of judges in the constitutional courts is a participatory consultative process between the Supreme Court and the government. While the need of the hour is to fill up judicial vacancies for effective justice administration, the primacy of the Collegium to recommend names for elevation to the Supreme Court and appointments and transfers in high courts, is affected …

Need to rethink collegium system of appointment, suggests Law Minister Kiren Rijiju
2 years, 6 months ago

Need to rethink collegium system of appointment, suggests Law Minister Kiren Rijiju

The Hindu  

Union Law and Justice Minister Kiren Rijiju on Saturday suggested there is a need to rethink the collegium system to expedite the process of appointment in higher judiciary as there are concerns about the existing process. He said appointments in higher judiciary are “pending”, but “not due to the law minister but due to the system”. “There is a need …

With SC reforms stuck in time warp, it would bode well for collegium to finalise 'Memorandum of Procedure' soon
4 years ago

With SC reforms stuck in time warp, it would bode well for collegium to finalise 'Memorandum of Procedure' soon

Firstpost  

Reforms to judicial appointments in India seem to be stuck in a time warp. The judges who invalidated the NJAC were not wholly unaware of that fact, considering how they directed the Central Government to revise the Memorandum Showing the Procedure for Appointment of the Chief Justice of India and Judges of the Supreme Court of India so as to …

A people’s court must be open to public accountability
4 years, 7 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 …

Credibility deficit: On Collegium's recommendation on Justice Kureshi
5 years, 5 months ago

Credibility deficit: On Collegium's recommendation on Justice Kureshi

The Hindu  

In modifying its recommendation concerning Justice A.A. Kureshi, the Supreme Court Collegium appears to have succumbed to pressure from the Union government. Modifying its resolution of May 10 that the senior judge be appointed Chief Justice of the Madhya Pradesh High Court, the Collegium has now decided to send him to the Tripura High Court. It was quite apparent that …

Only criteria for appointment of judges in Collegium system are casteism and nepotism: Allahabad HC judge writes to PM Modi
5 years, 8 months ago

Only criteria for appointment of judges in Collegium system are casteism and nepotism: Allahabad HC judge writes to PM Modi

Op India  

In a letter addressed to Prime Minister Narendra Modi, Justice Rang Nath Pandey of Allahabad High Court’s Lucknow Bench has made some shocking allegations regarding the Collegium system for appointment of judges, as reported by Bar and Bench. Referring to his personal experience of 34 years in the judiciary, Justice Pandey alleged that the only criteria for the appointment of …

The collegium system isn’t foolproof
6 years, 2 months ago

The collegium system isn’t foolproof

Hindustan Times  

The recent decision of the Collegium of the Supreme Court on January 10, 2019, in recommending the names of Justices Dinesh Maheshwari and Sanjiv Khanna to the Court has evoked strong reaction inasmuch as Justice Khanna’s appointment will entail the supersession of Justices Pradeep Nandrajog, Gita Mittal and S Ravindra Bhat of the Delhi High Court. On January 10, 2019, …

Centre Alters Collegium's Recommendation & Extends Additional Judge's Tenure Instead Of Making Him Permanent
6 years, 10 months ago

Centre Alters Collegium's Recommendation & Extends Additional Judge's Tenure Instead Of Making Him Permanent

Live Law  

For what might be another first in the ongoing tussle between the Centre and the Supreme Court collegium, the former has unilaterally altered a recommendation to extend an Additional Judge's term instead of making him permanent as first reported by The Print.Vide a notification issued on 19 April, the Centre extended Justice Ramendra Jain's term as an Additional Judge of …

Are We Nearing Collapse In The Dispensation Of Justice In India?
7 years, 1 month ago

Are We Nearing Collapse In The Dispensation Of Justice In India?

Live Law  

India perceives its justice system as one of the pillars of its democracy. However, Sengupta suggests that India’s justice system is erratic, slow and under-staffed thereby implying that cases have taken so long to be heard and justice has long been denied to many people. The three tiers of the Indian judicial system include the lower, state High Courts and …

The crisis in the judiciary was long in the making
7 years, 2 months ago

The crisis in the judiciary was long in the making

Live Mint  

Friday was an extraordinary day in the history of Indian judiciary. The four senior-most puisne judges of the Supreme Court called a press conference and aired their grievances against the Chief Justice of India. The aggrieved judges—Jasti Chelameswar, Ranjan Gogoi, Madan B. Lokur, Kurian Joseph—feel that CJI Dipak Misra has been ignoring the senior judges of the court while allocating …

Chief Justice Thakur lashes out at PM Modi's silence on Judicial Appointments
8 years, 7 months ago

Chief Justice Thakur lashes out at PM Modi's silence on Judicial Appointments

Live Law  

Chief Justice of India TS Thakur today used the Independence Day function at the Supreme Court premises to lash out at Prime Minister Narendra Modi and Law Minister Ravi Shankar Prasad for not mentioning anything about the justice delivery system or judges appointment in their speeches.“You make roads, schools, hospitals but please also do say something about justice delivery to …

Chief Justice Thakur lashes out at PM Modi's silence on Judicial Appointments
8 years, 7 months ago

Chief Justice Thakur lashes out at PM Modi's silence on Judicial Appointments

Live Law  

Chief Justice of India TS Thakur today used the Independence Day function at the Supreme Court premises to lash out at Prime Minister Narendra Modi and Law Minister Ravi Shankar Prasad for not mentioning anything about the justice delivery system or judges appointment in their speeches.“You make roads, schools, hospitals but please also do say something about justice delivery to …

Collegium - Government rift widening, says report
8 years, 9 months ago

Collegium - Government rift widening, says report

Live Law  

A news report published in The Times of India today says that the Supreme Court collegium has rejected all major proposals of the Government in drafting a new Memorandum of Procedure to appoint Judges to the higher judiciary.The foremost of these proposals is that the criterion for selection of a Judge should be merit-cum-seniority. The collegium, it appears, believes that …

CJAR condemns Government apathy towards judicial reforms [Read Statement]
8 years, 10 months ago

CJAR condemns Government apathy towards judicial reforms [Read Statement]

Live Law  

Campaign for Judicial Accountability and Reforms has issued a statement condemning Government apathy towards judicial reforms. The Full Text of Statement issued by its Convener Prashant Bhushan is as follows; Statement condemning Government apathy towards judicial reforms The recent joint conference of Chief Ministers and Chief Justices of High Courts and the Supreme Court of India, concluded with an anguished …

CJAR condemns Government apathy towards judicial reforms [Read Statement]
8 years, 10 months ago

CJAR condemns Government apathy towards judicial reforms [Read Statement]

Live Law  

Campaign for Judicial Accountability and Reforms has issued a statement condemning Government apathy towards judicial reforms. The Full Text of Statement issued by its Convener Prashant Bhushan is as follows; Statement condemning Government apathy towards judicial reforms The recent joint conference of Chief Ministers and Chief Justices of High Courts and the Supreme Court of India, concluded with an anguished …

CJI Thakur breaks down at CMs and CJs Conference; PM proposes a Closed Door Session [Update-3]
8 years, 10 months ago

CJI Thakur breaks down at CMs and CJs Conference; PM proposes a Closed Door Session [Update-3]

Live Law  

“Judges’ strength has been put in cold storage for past three decades. I request your Government to address the issue”, said an emotional Chief Justice of India today at CJ-CM Conference in presence of PM Narendra Modi.Blaming. 2/3rd jail inmates are under trials, how long will u take to clear files?” WATCH: Chief Justice of India TS Thakur breaks down …

Law can't justify a situation where CJI appoints judges, says Govt
9 years, 3 months ago

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

India TV News  

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 …

Transparency is hallmark of collegium's procedure, says Supreme Court, but rules out major changes
9 years, 4 months ago

Transparency is hallmark of collegium's procedure, says Supreme Court, but rules out major changes

Firstpost  

As Solicitor General Ranjit Kumar said that the “transparency is the hallmark of the procedure to be followed by the collegium”, Justice Lokur wanted to know the “extent of transparency”. New Delhi: The Supreme Court on Tuesday ruled out making “wholesale changes” in the collegium system of appointment of judges for higher judiciary but expressed its willingness to evolve a …

Open to new norms for collegium, says CJI
9 years, 5 months ago

Open to new norms for collegium, says CJI

The Hindu  

Faced with the historic admission from his own court that the collegium system of judicial appointments was flawed, Chief Justice of India H.L. Dattu on Tuesday broke his silence on the issue and told The Hindu that the judiciary was open to “consider” guidelines that may be framed by a Constitution Bench to improve the system. We will see what …

Collegium: Not the fault inherent; but corrective
9 years, 5 months ago

Collegium: Not the fault inherent; but corrective

Live Law  

There are as many criticisms against the method of Judge’s appointment and critics are mainly on attacking the foundation of so called ‘judge made system” of judge’s appointment. But the present system of collegium is not mooted by the Judges, but the Law Commission as per its 80th report submitted on 10-08-1979, suggested the system to improve the then selection …

Revamp the System of Judicial Appointments - A Demand Long Overdue
10 years, 7 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, 7 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 …

Govt. to seek views of jurists on collegium on Monday
10 years, 7 months ago

Govt. to seek views of jurists on collegium on Monday

India TV News  

New Delhi: Government will seek the views on of jurists and former judges on the proposed Judicial Appointments Commission bill it plans to bring in Parliament to replace the present collegium system. Sources said Law Minister Ravi Shankar Prasad and senior Law Ministry officials will interact with top jurists and former judges on Monday to elicit their views on the …

‘Collegium system: solution worse than the disease’
10 years, 8 months ago

‘Collegium system: solution worse than the disease’

The Hindu  

Law Commission of India chairman Justice A.P. Referring to the recent controversy over the recommendation of Gopal Subramaiam, Justice Shah said “I personally feel this was a significant step by the CJI. It should not happen that this episode will become a setback … lawyers may not consent because of this controversy.” In an exclusive interview to The Hindu, he …

Can overcome drawbacks in collegium system, says new CJI Sathasivam
11 years, 8 months ago

Can overcome drawbacks in collegium system, says new CJI Sathasivam

Firstpost  

CJI-designate Justice P Sathasivam on Thursday admitted that there are drawbacks in the collegium system for appointment of judges to higher judiciary and efforts can be made to overcome the shortcomings to ensure transparency. Justice Sathasivam said he would work towards reducing the backlog of cases by “fixing time limit for arguments, submitting written notes,” etc. “In 100 percent of …

Collegium system of judges' appointment 'opaque', says Sibal
11 years, 10 months ago

Collegium system of judges' appointment 'opaque', says Sibal

India TV News  

New Delhi, May 13: Union Law Minister Kapil Sibal Monday said that the present collegium system of appointment of judges was "opaque" and "non-transparent", but nothing could be done to change it overnight. "Present system of appointment of judges is opaque and non-transparent," Sibal said in his informal interaction with media persons soon after assuming the charge of the law …

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