Periodic Audit Of Performance Of Individual Judges & Judiciary Needed To Maintain Standards : Justice Chelameswar
4 years ago

Periodic Audit Of Performance Of Individual Judges & Judiciary Needed To Maintain Standards : Justice Chelameswar

Live Law  

It is both an honour and pleasure to participate in this programme in memory of a departed friend, Mr. Kannabiran. Prior to the Supreme Court Advocates Association case, when governments had considerable say in the matter, many suggestions/recommendations made by the government turned out to be good. Government sat on the recommendations made by the CJs, government delayed the appointment process because the suggestions made by the CJs of a High Court or the Supreme Court was not to their liking. Post the Second Judges case, when the collegium had much greater say in the appointment process of the members of the constitutional courts, there are instances when the collegium did not exercise the authority strictly in accordance with the demands of the Constitution – letter and spirit of the constitution, as explained by the judgment of Supreme Court in the Second Judges case. India experimented with the regime that existed prior to the Second Judges case – that is when the government had a considerable say in the selection process, and eventually the Supreme Court said that this process is not very wholesome, looking at it from the point of independence of judiciary, which in turn is a condition precedent to the development of a healthy democracy.

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Judges, Politics, and Bias: Is the Indian Judiciary Truly Independent?
4 weeks ago

Judges, Politics, and Bias: Is the Indian Judiciary Truly Independent?

The Quint  

The Indian judiciary, often regarded as the backbone of democracy, is under the spotlight like never before. From controversial statements by sitting judges to retired judges joining political parties, the blurred lines between justice and politics have sparked intense debate. One such instance is Justice Shekhar Kumar Yadav, a sitting judge of the Allahabad High Court, who participated in a …

Supreme Court Weekly Round-up: November 11, 2024 To November 17, 2024
1 month, 3 weeks ago

Supreme Court Weekly Round-up: November 11, 2024 To November 17, 2024

Live Law  

Nominal Index Citations M/S Crystal Transport Private Limited & Anr. Case Details: XYZ v. State of Gujarat Citation: 2024 LiveLaw 887 The Supreme Court advised High Courts to exercise caution before quashing non-compoundable cases based on settlement between the victim and the accused. Case Details: Som Nath Bharti v. State of Uttar Pradesh The Supreme Court dismissed a petition filed …

Supreme Court gets 2 new judges, its first from Manipur
5 months, 3 weeks ago

Supreme Court gets 2 new judges, its first from Manipur

Hindustan Times  

NEW DELHI: The central government on Tuesday notified the appointments of justices N Kotiswar Singh and R Mahadevan to the Supreme Court, following the recommendations by the collegium. The Supreme Court collegium, led by CJI Dhananjaya Y Chandrachud, recommended their names on July 11, considering factors such as seniority, merit and judicial integrity Justice Singh’s elevation marks a historic moment …

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]
8 months ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]

Live Law  

SUPREME COURT WEEKLY DIGEST APRIL 2024 PART 1 Citations 2024 LiveLaw 269 to 2024 LiveLaw 290 Abuse of Process of Law Abuse of process of law – Collusion between parties in tender process – Held, respondent no. Pankaj Singh v. State of Haryana, 2024 LiveLaw 274 Criminal procedure Code 1973; Section 439 and National Investigation Agency Act, 2008; Section 21 …

Time to prohibit judges from joining politics
9 months, 4 weeks ago

Time to prohibit judges from joining politics

The Hindu  

Justice Abhijit Gangopadhyay recently resigned as a judge of the Calcutta High Court and joined the Bharatiya Janata Party. The Code also says, “A judge shall conduct himself or herself in a way that is consistent with the dignity of the judicial office”. The Supreme Court in C. Ravichandran Iyer v. Justice A.M. Bhattacharjee said, “To keep the stream of …

Remembering Fali S Nariman: A Noble and Brilliant Jurist
10 months, 3 weeks ago

Remembering Fali S Nariman: A Noble and Brilliant Jurist

Live Law  

I remain deeply saddened to learn about the demise of Fali S Nariman, a towering figure in the legal fraternity and a champion of constitutional and human values. Fali S Nariman was a jurist par excellence, a senior advocate of the Supreme Court since 1971, and a former President of the Bar Association of India from 1991 to 2010. Fali …

Need Of A Case Management System In The Supreme Court
10 months, 3 weeks ago

Need Of A Case Management System In The Supreme Court

Live Law  

Recently, the Supreme Court had stopped the practice of letter circulation by lawyers and today, the Court has come out with a new standard procedure of permitting the circulation, subject to certain conditions. Yours faithfully, Copy to: XXX Advocate “ Once the letter is filed in the registry of the court, after serving a copy to the opposite side AOR …

Govt vs Court – the problem is structural
1 year, 1 month 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 …

Supreme Court has prepared a ‘platform’ to assess ‘top’ 50 judges before appointment in the apex court: CJI
1 year, 3 months ago

Supreme Court has prepared a ‘platform’ to assess ‘top’ 50 judges before appointment in the apex court: CJI

The Hindu  

Chief Justice of India D.Y. Chandrachud on Friday said the apex court with a young team of distinguished scholars, interns and law researchers had prepared a “broad platform” to assess every one of the “top 50 judges” in the country who would be considered for appointment as judges of the Supreme Court. “One of the criticisms about the collegium system …

Age Of Livestreaming And Social Media Places New Demands On Judges: Chief Justice Chandrachud
1 year, 8 months ago

Age Of Livestreaming And Social Media Places New Demands On Judges: Chief Justice Chandrachud

Live Law  

The Chief Justice of India D Y Chandrachud speaking at the National Conference on Digitization, Paperless Courts and e-Initiatives organised by the High Court of Orissa, remarked that in the age of livestreaming and social media every word said by judges in court is up in public realm, which places new challenges and demands on judges. Sometimes it may, sometimes …

Politics and ideology within the portals of the judiciary
1 year, 10 months ago

Politics and ideology within the portals of the judiciary

The Hindu  

March 02, 2023 12:16 am | Updated 01:08 pm IST That justice is blind is part of the myth system. In India, the episode of the collegium’s recommendation of Justice L. Victoria Gowri’s name and her appointment to the Madras High Court within weeks, has revived the debate on judicial appointments. Editorial |Check, do not cross: On the government’s attack …

Top court under intense scrutiny on a daily basis, says Justice Kaul
1 year, 11 months ago

Top court under intense scrutiny on a daily basis, says Justice Kaul

Hindustan Times  

The Supreme Court is under intense scrutiny on a daily basis, apex court judge justice Sanjay Kishan Kaul said on Saturday, while emphasizing that functioning of the top court has always been influenced by the dynamics of contemporary political forces, dominant economic realities and landmark social events. Justice Sanjay Kishan Kaul “The Supreme Court – as it must – faces …

Supreme Court Collegium’s Landmark Reiterations Show It Is No Longer Pusillanimous
1 year, 11 months ago

Supreme Court Collegium’s Landmark Reiterations Show It Is No Longer Pusillanimous

Live Law  

On Thursday, the Supreme Court’s three-member Collegium - comprising the Chief Justice of India, D.Y.Chandrachud and Justices Sanjay Kishan Kaul and K.M.Joseph - responsible for recommending suitable names for elevation as the High Court Judges, reiterated certain names recommended by it earlier, for elevation to various High Courts. The reiteration of recommendation to elevate senior advocate Saurabh Kirpal as a …

Government to adhere to timelines fixed by Supreme Court for judicial postings
2 years ago

Government to adhere to timelines fixed by Supreme Court for judicial postings

The Hindu  

Attorney-General of India R. Venkataramani told the Supreme Court on Friday that the Union government will adhere to the timelines fixed by the court to process recommendations for judicial appointments. He said the government would be likely processing 44 names for High Court judgeships and forwarding them to the Supreme Court Collegium over the weekend. Mr. Venkataramani, however, sought more …

Counterview: Collegium System Needs Upgrade But It Provides Judges A Fair Chance
2 years, 1 month 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 …

Supreme Court Weekly Round Up [September 18 to September 24]
2 years, 3 months ago

Supreme Court Weekly Round Up [September 18 to September 24]

Live Law  

JUDGMENTS THIS WEEK Not Necessary To Give Opportunity Of Hearing To Would-Be Accused Before Court Makes Complaint U/Sec 195/340 CrPC : Supreme Court Case Title: State of Punjab vs Jasbir Singh CrA 335/2020 The Supreme Court observed that it is not necessary to give an opportunity of hearing to a would- be accused before a complaint is made under Section …

A good start by CJI Lalit
2 years, 4 months ago

A good start by CJI Lalit

Hindustan Times  

The first week of the new Chief Justice of India, Uday Umesh Lalit, has seen a flurry of activity in the Supreme Court. The apex court, which was dogged by rising pendency of cases and irregular listing of some petitions, has disposed of 1,800 cases in the first four days of his tenure, this newspaper reported last week. In addition, …

Pendency of court cases 'huge challenge': Chief Justice N. V. Ramana
2 years, 4 months ago

Pendency of court cases 'huge challenge': Chief Justice N. V. Ramana

The Hindu  

Terming pendency of cases a "huge challenge", Chief Justice of India N. V. Ramana on August 26 expressed regret for not being able to pay much attention to issues of listing and posting of matters for hearing in the Supreme Court. Attorney General K. K. Venugopal said 224 vacancies in the High Court were filed up and over 100 members …

President bats for BJP's all-India judicial service to pick judges
3 years, 1 month 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 …

Law Minister assured appointment of 9 HC chief justices to be cleared soon: CJI
3 years, 3 months ago

Law Minister assured appointment of 9 HC chief justices to be cleared soon: CJI

India TV News  

Chief Justice of India N.V. Ramana on Saturday said Law Minister Kiren Rijiju has assured that the recommendations made by the Supreme Court collegium for appointment of judges to high courts, which includes the appointment of 9 chief justices, will be cleared in a day or two. "Since May onwards we have recommended more than 106 judges to different high …

Criminal cases against MPs, MLAs can be withdrawn only after HC consent: SC
3 years, 5 months ago

Criminal cases against MPs, MLAs can be withdrawn only after HC consent: SC

The Hindu  

The Supreme Court on Tuesday questioned the Central government’s commitment towards the speedy trial and prosecution of criminal politicians and directed that a criminal case against an MP or MLA could be withdrawn only after getting the consent of the High Court concerned. A three-judge Bench led by Chief Justice of India N.V. Ramana mulled over forming a special bench …

Advocates With Ten Years Experience Can Be Appointed As Judicial Members Of Various Tribunals: Centre Amends Tribunal Rules
3 years, 6 months ago

Advocates With Ten Years Experience Can Be Appointed As Judicial Members Of Various Tribunals: Centre Amends Tribunal Rules

Live Law  

The Central Government has amended the Tribunal, Appellate Tribunal and other Authorities Rules, 2020 enabling appointment of Advocates with ten years experience as Judicial Members of various Tribunals.The Amendment was notified yesterday and has come into force. Income-tax Appellate Tribunal under the Income tax Act, 1961 A person shall not be qualified for appointment as a Judicial Member, unless,–– he …

Appointment To The Supreme Court: Identifying Trends And Patterns
4 years, 2 months ago

Appointment To The Supreme Court: Identifying Trends And Patterns

Live Law  

Earlier today, it was reported that the Law Ministry is currently awaiting the recommendations from the Supreme Court's Collegium to appoint Judges to the Supreme Court. A person may be appointed to the Court in three ways- If she/he has been a Judge of the High Court for at least five years ; If she/he has been an advocate of …

More than 700 Lawyers Write to Chief Justice, Raise Concern over Trend to 'Browbeat Judiciary'
4 years, 4 months ago

More than 700 Lawyers Write to Chief Justice, Raise Concern over Trend to 'Browbeat Judiciary'

News 18  

More than 700 lawyers from across India have written to Chief Justice of India SA Bobde criticising the "recent trend of browbeating and intimidating the judiciary". Referring to "institutional disruptors", the signatories said the foundation of the judiciary is the confidence of the people in its ability to deliver justice. "The actions of these institutional disruptors through name calling and …

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 …

Former SC Judge K S Radhakrishnan Appointed Member Of Commonwealth Secretariat Arbitral Tribunal, London
5 years, 8 months ago

Former SC Judge K S Radhakrishnan Appointed Member Of Commonwealth Secretariat Arbitral Tribunal, London

Live Law  

K S Radhakrishnan, former Supreme Court Judge, has been appointed as a member of the Commonwealth Secretariat Arbitral Tribunal, London. Justice K S Radhakrishnan served as the Chief Justice of the Gujarat and Jammu & Kashmir High Courts before his term. Justice K S Radhakrishnan served as the Chief Justice of the Gujarat and Jammu & Kashmir High Courts before …

Former employee writes to SC judges about sexual harassment by CJI; Ranjan Gogoi denies charge
5 years, 8 months ago

Former employee writes to SC judges about sexual harassment by CJI; Ranjan Gogoi denies charge

The Hindu  

In an "extraordinary and unusual hearing" presided over by him and called at a moment's notice on Saturday, Chief Justice of India Ranjan Gogoi took on the allegation of sexual harassment published against him by some online news portals, saying "things have gone too far" and "the judiciary cannot be made a scapegoat." Justice Arun Mishra, who along with Justice …

Independent Judiciary: A Crucial Cornerstone for a Thriving Democracy
6 years, 11 months ago

Independent Judiciary: A Crucial Cornerstone for a Thriving Democracy

Live Law  

The National Law University, Delhi, in collaboration with the Oxford University Press, hosted an event to celebrate the launch of the book 'Supreme Court of India- The Beginnings'. The book examines the working of the Supreme Court as it existed in the earliest days of its creation and the power of superintendence of the Supreme Court. Justice Chelameswar emphasized the …

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