News Muncher - category njac

7 months, 4 weeks ago

SC declines plea against Collegium system to protect public’s best interest

The Supreme Court Registry has refused to accept a petition to end the Collegium system of judicial appointments and revive the National Judicial Appointments Commission, seeking to “prevent needless waste of judicial time and energy”. In a six-page order, Supreme Court Registrar Puneet Sehgal explained that the Collegium system had already been upheld, while the NJAC — which gave an …

Supreme Court Registrar Collegium System Order Petition Judicial Appointments Njac

11 months, 4 weeks 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 …

Judges Court Collegium Judge System Judicial Appointments Njac

1 year, 3 months ago

One Nation, One Election: Do States get a say in constitutional amendments? | Explained

The Hindu

The story so far: The Union government on September 2 set up a committee under the leadership of former President of India Ram Nath Kovind to look into the feasibility of simultaneous polls to State Assemblies and the Lok Sabha. For instance, the Constitution Act, which established the National Judicial Appointments Commission for the appointment of Supreme Court judges, was …

India Court States Congress Election Union Lok Sabha

1 year, 6 months ago

Regret NJAC Decision, 2018 Press Conference A Story Of 'Lost Expectations': Ex-SC Judge Justice Kurian Joseph

Live Law

Former Supreme Court Judge Justice Kurian Joseph, speaking at the India Today Conclave South on 'Judicial Overreach versus Executive Interference: How to Strike a Balance', stated that he regretted his decision in the National Judicial Appointments Commission case. Justice Joseph was a member of the Constitution Bench of the Supreme Court which struck down the 99th Constitutional Amendment which introduced …

Justice Supreme Court Judges Court Judge Judicial Press

1 year, 7 months ago

1973 April 26- The Saddest Day In The History Of Our Free Institution

Live Law

This was the title to a Joint Statement issued by eminent members of the Bar and former members of the Bench. And that prompted the Joint Statement: “t cannot be denied that the three Judges were passed over only because of their rulings displeased the Government.” Defending this affront to the cherished principle of independence of the judiciary, Minister Kumaramangalam …

Justice Independence Constitution Judges Court Bar Power

1 year, 8 months ago

Kesavananda Bharati case | SC creates webpage to host petitions, judgments of the historic 1973 Fundamental Rights case

The Hindu

Chief Justice of India D.Y. Chandrachud on April 24 announced that the Supreme Court has created a special webpage for the Kesavananda Bharati case in which a 13-judge Bench, the largest constituted in the court’s history, through a wafer-thin majority of 7:6, held that the Parliament cannot amend the ‘Basic Structure’ of Constitution. Amid criticism against collegium system The webpage …

Justice Judgment Structure Constitution Parliament Basic Kesavananda Bharati

1 year, 8 months ago

Supreme Court to announce date of hearing on plea to ‘abolish’ collegium system, revive NJAC

The Hindu

The Supreme Court on Monday, April 24, 2023, said it will give a date for the hearing of a petition seeking the “abolition” of the collegium system of judicial appointments to the Supreme Court and the High Courts. Explained | The workings of the Supreme Court collegium Justice Kaul is part of the Constitution Bench hearing petition seeking the legal …

Justice Supreme Court Court Constitution Bench Collegium Supreme System

1 year, 9 months ago

As a Citizen, I Disagree with Supreme Court’s Verdict on Election Commission: Here’s Why - News18

News 18

Article 324 of the Constitution of India says that “The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that …

India Judiciary Supreme Court Constitution Prime Judges Election

1 year, 10 months ago

How Much Sunlight? Debating Collegium Transparency | Column By Sr Adv Sanjoy Ghose

Live Law

Recently, the statements issued by India’s Supreme Court disclosed extracts of Intelligence Reports forwarded by the Government to the Collegium to substantiate its veto on certain candidates recommended for judicial appointment. The episode culminating in the dramatic court proceedings which had commenced in the Top Court five minutes prior to the swearing in of Justice Victoria Gowri has also flagged …

Transparency Court Bar Collegium Judicial Public Judicial Appointments

1 year, 10 months ago

Collegium chaos: How Israel’s judicial reforms find a parallel in what India needs

Firstpost

The Collegium should be abolished forthwith, the NJAC created, and the primacy of the elected Parliament over an unelected judiciary should be asserted, and that too, unambiguously Israel’s brand new government headed by Benjamin Netanyahu has embarked on a series of judicial reforms. So far as I can tell from reading several news reports, and listening to an Economist podcast …

India Judiciary Structure Constitution Court Indian Collegium

1 year, 10 months ago

Manish Tewari | Who should appoint judges?

Deccan Chronicle

An independent judiciary, credible media, autonomous election commission, unshackled Parliament and enlightened executive committed to protecting and preserving civil liberties and fundamental freedoms are the hallmarks of a vibrant democracy. While the former has repeatedly called into question the basic structure doctrine, a judge-made constitutional fiat that puts some features of the Constitution of India beyond the amending powers of …

India Justice Opinion Judiciary Constitution Judges Court

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 …

India Justice Judiciary Supreme Court High Court Constitution Judges

1 year, 11 months ago

Law Minister’s ire contrasts with the Centre’s push for transparency in judicial appointments

The Hindu

Law Minister Kiren Rijiju’s criticism of the Supreme Court Collegium for publishing excerpts of “secret” Research & Analysis Wing and Intelligence Bureau inputs on candidates under consideration sharply contrasts with the Centre’s push for transparency in the judicial appointments process during the National Judicial Appointments Commission case eight years ago. The NJAC judgment records how the government lampooned the Collegium …

Justice Supreme Court Judges High Courts Appointments Court Appointment

1 year, 11 months ago

Explained | The basic structure of the Constitution

The Hindu

The Chief Justice of India, D. Y. Chandrachud compared the ‘basic structure’ of the Constitution to the North Star, an unfailing guide which shows the way when the path appears convoluted. His observation marks the response of the Supreme Court to a recent statement made by Vice President Jagdeep Dhankar that the basic structure doctrine introduced by a 13-judge Bench …

India Justice Structure Constitution Court Constitutional Fundamental Rights

1 year, 11 months ago

'SC Hijacked Constitution': Rijiju Cites Judge With 'Sane Views' on Collegium System for Appointment

News 18

Union Minister for Law and Justice Kiren Rijiju on Sunday cited the views of a retired high court judge, who said the Supreme Court “hijacked” the Constitution by deciding to appoint judges itself amid ongoing debate over the collegium system of appointing judges. While Rijiju has described the collegium system to appoint judges as something “alien” to the Indian Constitution, …

India Justice Constitution Judges Court Collegium Collegium System

1 year, 11 months ago

Law Minister Kiren Rijiju seeks government nominees in court collegiums, writes to CJI

The Hindu

In a clear indication that the Narendra Modi government is determined to restructure the collegium system of appointments to the higher judiciary, Law Minister Kiren Rijiju has written to Chief Justice of India D.Y. Explained | The workings of the Supreme Court collegium The letter is a fresh salvo by the Law Minister after recent statements by the Vice-President and …

Law Judiciary Supreme Court Court Collegium Judicial Supreme

1 year, 11 months ago

'Govt Wants Its Representatives In Collegium': Law Minister Writes To CJI

The Quint

Is Rijiju the only one? Important to note here are the critical statements made by Vice President Jagdeep Dhankar last week on the Supreme Court's decision to overturn the National Judicial Appointments Commission. The NJAC was a proposed judicial appointment body that would include the law minister and other representatives chosen by the executive. In November last year Justice Sanjay …

Law Supreme Court Pti Law Minister Njac

1 year, 11 months ago

Under Constitution, law declared by the Supreme Court is binding on all

The Hindu

Vice-President of India Jagdeep Dhankhar’s public criticism of the National Judicial Appointments Commission judgment may be seen as comments by a high constitutional authority against “the law of the land”. Kaul and A.S. Oka has told the Attorney General to advise the government and constitutional authorities that “it is necessary that all follow the law as laid down by this …

Law Judgment Constitution Court Constitutional Judicial Review Supreme

1 year, 11 months ago

Extraordinary Attack On Judiciary: Cong On Dhankar Questioning 1973 Kesavananda Bharati Verdict

ABP News

New Delhi: The Congress on Thursday hit out at Rajya Sabha Chairman Jagdeep Dhankhar's remarks questioning the landmark 1973 Kesavananda Bharati case verdict and said it was an "extraordinary attack on the judiciary." Vice President Dhankhar had on Wednesday criticised the scrapping of the NJAC Act in 2015 and also questioned the landmark 1973 Kesavananda Bharati case verdict, saying it …

Supreme Court Constitution Rajya Sabha Supreme Act Parliament Chidambaram

1 year, 11 months ago

Constitution, not Parliament, supreme: Chidambaram on Dhankhar's remarks on judiciary

The Hindu

Senior Congress leader P. Chidambaram on January 12 said Rajya Sabha Chairman Jagdeep Dhankhar is “wrong” in stating that Parliament is supreme and his views should warn every Constitution-loving citizen to be alert to the dangers ahead. Reacting to the remarks, Mr. Chidambaram said on Twitter, “The Hon’ble Chairman of the Rajya Sabha is wrong when he says that Parliament …

Constitution Supreme Act Parliament Dhankhar Njac Mr Chidambaram

1 year, 11 months ago

As the NJAC debate is revived by the government in 2022, political fault lines have deepened

The Hindu

A record appointment of 165 judges to High Courts in a single calendar year is one the key highlights of a year-ender prepared by the Law Ministry. While the top court pointed that the Collegium system is the ‘law of the land,’ Law Minister Kiren Rijiju informed the Parliament there was a need for a new system of appointments but …

Supreme Court Judges High Courts Appointments Court Parliament System

2 years ago

Collegium System Necessary For An Independent Judiciary : Arvind Datar | Full Transcript Of Interview

Live Law

This is the full transcript of the interview of eminent constitutional lawyer Arvind P Datar, Senior Advocate, taken by Manu Sebastian, Managing Editor of LiveLaw, on the topic of judges appointments and collegium system. Collegium system the best available option for appointment of judges Mr. Manu Sebastian : There is an ongoing friction between the judiciary and the central government …

India Judiciary Supreme Court High Court Constitution Judges Court

$Private member bill on judges\' appointment panel introduced in Rajya Sabha$

2 years ago

Private member bill on judges\' appointment panel introduced in Rajya Sabha

Deccan Chronicle

NEW DELHI: A private member bill to regulate the appointment of judges through the National Judicial Commission was introduced in the Rajya Sabha on Friday. CPI's Bikash Ranjan Bhattacharyya introduced the National Judicial Commission Bill 2022 after the majority of voice votes were in its favour in the Upper House. The CPI lawmaker moved the bill that aims to regulate …

Court Judges Appointment Bill Njac

2 years ago

Explained | Why is the NJAC verdict at the centre of the impasse over appointment of judges?

The Hindu

The story so far: Vice-President Jagdeep Dhankhar last week entered the heated debate between the Central government and the Supreme Court over the matter of judicial appointments. The seven-year-old verdict has been invoked by both sides- while the Court asked if the government’s “unhappiness” over the failure of the NJAC was why it was sitting on the names recommended by …

India Judiciary Supreme Court Constitution Judges High Courts Appointments

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Articles for Njac

SC declines plea against Collegium system to protect public’s best interest

‘Collegium not the best system to pick judges... transparent dialogue needed’: Justice SK Kaul

One Nation, One Election: Do States get a say in constitutional amendments? | Explained

Regret NJAC Decision, 2018 Press Conference A Story Of 'Lost Expectations': Ex-SC Judge Justice Kurian Joseph

1973 April 26- The Saddest Day In The History Of Our Free Institution

Kesavananda Bharati case | SC creates webpage to host petitions, judgments of the historic 1973 Fundamental Rights case

Supreme Court to announce date of hearing on plea to ‘abolish’ collegium system, revive NJAC

As a Citizen, I Disagree with Supreme Court’s Verdict on Election Commission: Here’s Why - News18

How Much Sunlight? Debating Collegium Transparency | Column By Sr Adv Sanjoy Ghose

Collegium chaos: How Israel’s judicial reforms find a parallel in what India needs

Manish Tewari | Who should appoint judges?

Ad-hocism in appointing judges of higher courts must stop

Law Minister’s ire contrasts with the Centre’s push for transparency in judicial appointments

Explained | The basic structure of the Constitution

'SC Hijacked Constitution': Rijiju Cites Judge With 'Sane Views' on Collegium System for Appointment

Law Minister Kiren Rijiju seeks government nominees in court collegiums, writes to CJI

'Govt Wants Its Representatives In Collegium': Law Minister Writes To CJI

Under Constitution, law declared by the Supreme Court is binding on all

Extraordinary Attack On Judiciary: Cong On Dhankar Questioning 1973 Kesavananda Bharati Verdict

Constitution, not Parliament, supreme: Chidambaram on Dhankhar's remarks on judiciary

As the NJAC debate is revived by the government in 2022, political fault lines have deepened

Collegium System Necessary For An Independent Judiciary : Arvind Datar | Full Transcript Of Interview

Private member bill on judges\' appointment panel introduced in Rajya Sabha

Explained | Why is the NJAC verdict at the centre of the impasse over appointment of judges?