Independence of judiciary

Judiciary

Lessons from Kavanaugh hearing

Why is it so important for you to know your judges before they are appointed? The IB has no mandate to check for predatory behaviour of the Supreme Court nominee towards women and such behaviour can pass through the net very easily. This would be the contribution of the #MeToo movement to accountability in the judiciary.

October 9,2018

Judiciary

A liberal court

The September judgments of the Supreme Court of India under the judicial stewardship of the 45th Chief Justice Dipak Misra have made the popular media to say that the Supreme Court has emerged as a ‘liberal court’. The tag isn’t incorrect.

October 3,2018

Judiciary

CJI who reserved the best for the last

Despite several serious pitfalls in the 45th CJI’s tenure, CJI Misra’s contribution to gender justice cannot be overstated. His sincerity in granting urgent hearings in cases of torture, violence against women and lynch-mob incidences has been par excellence. He was a humane judge, with great tolerance who never resorted to contempt jurisdiction despite all kinds of insinuations, allegations, and barrage of criticism traded against him. He has an eminently unforgettable term on which history will shine a kind light with the healing distance of time.

October 3,2018

Lead Opinion

That bitter-sweet feeling: CJI Misra’s mixed legacy

CJI Dipak Misra is perhaps the first Chief Justice of India in recorded history who has had to face a proposed motion for removal under Article 124 of the Constitution of India. That said, his legacy is a bag of highs and lows, with many failures on the administrative side that led to allegations of Executive interference into the Judiciary, while being a judge whose sensitivity towards gender justice remains unparalleled in the history of the Supreme Court.

October 2,2018

Transparency and Accountability

Sunlight is the best disinfectant: SC on live-streaming of court proceedings

In a more than welcomed judgment pertaining to Indira Jaising v. Registrar General of Supreme Court commonly known as the “live streaming” case, Chief Justice Dipak Misra, and Justices AM Khanwilkar and DY Chandrachud conceded to the demand of the petitioner-in-person, Senior Advocate Indira Jaising to allow the live-streaming of court proceedings. Justices Khanwilkar and D Y Chandrachud authored two separate judgments with Chief Justice Misra siding with Justice Khanwilkar.

September 27,2018

Judiciary

Great expectations from Justice Gogoi

Justice Gogoi’s participation in the January 12, 2018 press conference in the company of brother judges set his stock soaring in the legal fraternity. He expanded on the ‘vision of justice’ when he delivered this year’s Ramnath Goenka Memorial Lecture and said that India at present needs “not only independent judges and noisy journalists, but even independent journalists and sometimes noisy judges”, in order to be a truly democratic and just society.

September 2,2018

Judiciary

Ranjan Gogoi to be next CJI

Ever since the press conference by four senior-most judges of the Supreme Court on January 12, 2018 questioning the administrative functioning of the CJI DipakMisra, speculations were doing rounds whether Justice Ranjan Gogoi would be superseded. But, now it’s clear that the CJI has followed convention of seniority keeping aside all the differences.

September 1,2018

Independence of judiciary

SC issues guidelines to designate ‘senior advocates’

The notification comes days before the anniversary of Jaising’s ‘Gown Wapsi’ movement. On August 15 of last year, she shed her senior counsel gown to symbolise the discrimination inherent in the senior advocate designation process. The eligibility criterion for designation is a minimum of 10 years combined standing as an advocate or a District Judge, or as a Judicial Member of any Tribunal whose qualification for eligibility isn't less than that prescribed for a District judge.

August 6,2018

Independence of judiciary

Blame it on Collegium

According to their warrants of appointments signed off by the President of India on August 3, 2018, Justice K M Joseph has been put below the other two justices in the seniority order despite the fact that Justice Joseph’s name was initially recommended by the Supreme Court Collegium much before the name of Justices Banerjee and Saran. The Collegium erred knowing fully that reiteration of his name along with the names of other Chief Justices could compromise his seniority further.

August 5,2018

Independence of judiciary

Government skirts question on Justice Shukla

The MoS Law and Justice P P Chaudhary skirted the reply to the question which specially sought to know steps taken by the government to facilitate removal of Justice Shukla, therefore, making it appear that the government has not taken any initiative to remove the tainted judge.

August 1,2018

Independence of judiciary

Don’t pick Justice Rajendra Menon as Chief Justice of Delhi High Court

Justice Rajendra Menon has been subject to incriminating comments from a Joint Inquiry Committee led by Justice Banumathi, as per he he has been found guilty of wrongfully and punitively transferring a former woman ADJ who had accused Justice S K Gangele of Madhya Pradesh of sexually harassing her. Does Delhi High Court deserve Justice Menon as the next Chief Justice in place of Justice Aniruddha Bose of Calcutta High Court, the Collegium’s initial, and unblemished, choice?

July 26,2018

Independence of judiciary

[FULL TEXT] Third RNG Lecture by Justice Gogoi

‘Justice is not something that is a standalone precept but an amalgam of other ideals like “socialism”; “democracy”; “liberty”; “equality”; “fraternity”, to name a few. They are not isolated silos because their undying endeavour is to establish one discipline - of overall justice, of an inclusive society.’

July 13,2018

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