I would say, unhappiness of the Government of the fact that NJAC does not pass the muster, Justice Kaul observed.
The collegium system of appointment of judges is likely to stay for the time being as Parliament could not pass a constitutional amendment bill in the last session of the Lok Sabha to put in place a new mechanism giving the Executive a say in the matter.
The appointments to the Supreme Court and the high courts cannot be speeded up unless both the Judiciary and the Executive agree to a new mechanism which affords both near-parity in decision-making, argues Virendra Kapoor.
He said the legislature, the executive and the judiciary are bound to work within their respective domains as defined in the Constitution. Addressing the 80th All India Presiding Officers' Conference on 'Harmonious Coordination between Legislature, Executive and Judiciary -- Key to Vibrant Democracy', Naidu said harmony lies in each organ doing its job without interfering with that of the others.
The Supreme Court will on Monday resume hearing arguments on the constitutional validity of the National Judicial Appointment Commission Act, notwithstanding the ongoing summer vacation.
Government on Monday brought into force a controversial law to appoint members to the higher judiciary, two days before a Constitution Bench of the Supreme Court hears a clutch of petitions challenging the National Judicial Appointments Commission Act.
The Collegium system of appointing judges has not worked out as per expectations and the government must have a say in such appointments, Law Minister Kapil Sibal has said. He said he would "very soon" move a proposal in the Cabinet to replace the Collegium system with the Judicial Appointment Commission, which will give a say to the Executive in the appointments of judges to the Supreme Court and high courts.
Vice President Dhankar's and Law Minister Rijuju's recent interventions have the danger of destabilising the Constitutional equilibrium, cautions N Sathiya Moorthy.
One of the two eminent persons to be included in the National Judicial Appointments Commission will have to hail from communities belonging to SC, ST, OBC, minorities or be a woman under a provision in the bill being prepared in this regard.
Displaying earnest, government will seek the views of jurists and former judges on the proposed Judicial Appointments Commission bill it plans to bring in Parliament to replace the present collegium system where judges appoint judges.
There is an acute imbalance of power between the various organs of the State, including the executive, the legislature, the judiciary, and the ultimate sovereign -- the people, argues R Jagannathan.
Attorney General K K Venugopal told a bench headed by Justice Bobde that the Constitution (103 amendment) Act, 2019 granting 10 per cent reservation to EWS is intended to uplift around 200 million people who are still below the poverty line.
The Supreme Court has got four new judges with President Pranab Mukherjee signing their warrants of appointment on Wednesday.
The Supreme Court on Friday issued a show cause notice to advocate M L Sharma for making "irresponsible" and "scandalous" allegations in his PIL challenging the new law on appointment of judges for higher judiciary, saying "this is not a political platform".
He said he considers this duration as enough and would like to return to his practice.
'Coupled with e-filing procedures it would really enhance the ability of the judiciary to provide speedier justice.'
'It is a very vital issue and we cannot keep it pending. We intend to pass an order as to who will hear the matter.'
Noted jurist Fali S Nariman on Thursday slammed the two legislations that seek to overturn the present collegium system of appointment of judges, saying they hit at the root of judicial independence and may be struck down by the Supreme Court.
At a time when there is no mechanism in place to appoint or elevate judges to the higher judiciary, 8 high court judges have retired in a month, raising the vacancies from 384 in August to 392 this month.
Expressing "surprise" over the Supreme Court verdict striking down the National Judicial Appointments Commission Act, Union Law Minister D V Sadananda Gowda said.
The government on Tuesday asserted that a bill to set up a commission on appointment of judges is aimed at having a "fair procedure" for appointing judges to higher courts and it has no intention to have any confrontation with the judiciary on the issue.
Attorney General Mukul Rohatgi said the collegium system, which became re-operational with Friday's Supreme Court verdict, is not found in the Constitution.
During the hearing, the 92-year-old senior lawyer had told the apex court that it must do 'full and complete justice' in all matters before it and that his last wish before he died was to finish the case.
President Pranab Mukherjee administered the oath of office and secrecy to Justice Kehar at the Darbar Hall of Rashtrapati Bhawan.
The Supreme Court on Friday termed as "virtually infructuous" a petition filed by a group of lawyers opposing the elevation of Justice J S Khehar as next the Chief Justice of India, observing that the President of India has already issued a notification in this regard.
Venugopal, who is the recipient of Padma Vibhushan and Padma Bhushan, is likely to represent as the top law officer for the second time, as he was one of the Additional Solicitors General during Morarji Desai's government.
The Cabinet Committee on Parliamentary Affairs took the decision to extend the session till September 6 at a meeting held in Parliament House.
The government has returned twice to the Supreme Court collegium a recommendation made by it.
"We have a stake (in judges' appointments) and we will continue to pursue that stake in consultation with the Supreme Court and the high courts to expedite the appointments," Law Minister Ravi Shankar Prasad said on his first day in office.
Notwithstanding reservations of judiciary, Parliament on Thursday took cleared two bills providing for a new mechanism for appointment of judges to higher judiciary by scrapping the collegium system that had come under attack from political parties and others.
Justice J S Khehar will be sworn in on January 4 and will hold the tenure for over seven months till August 27, 2017.
The Centre expressed its inability before the SC in formulating the draft Memorandum of Procedure for appointment of judges.
The Supreme Court on Tuesday refused to accept Centre's preliminary plea that petitions challenging the new law on appointment of judges in higher judiciary.
The Supreme Court is likely to pronounce on Wednesday the verdict on bringing transparency in the collegium system of appointing judges in higher judiciary.
The Supreme Court on Tuesday tersely told the Centre that appointment of judges in higher judiciary is a "serious" business and cannot be left either to the "hit-and-trial" method or to the mercy of God.
Senior judges have developed a cushy arrangement among themselves: you back the appointment of so-and-so advocate's junior, and I will back so-and-so judge's nephew, says Subir Roy
The government and opposition were on Thursday united in criticising the functioning of the judiciary while seeking to scrap the collegium system of appointing judges to higher courts, saying it is essential to restore the delicate balance of power which has been disturbed.
Senior advocate K K Venugopal's name has been cleared for appointment as the Attorney General for India, following the decision of Mukul Rohatgi to step down as the top law officer.
The Budget session of Parliament, the first of the Narendra Modi government, ended on Thursday reflecting the changed political reality with fewer disruptions and adjournments, and more debates and discussions unlike in the recent past.
According our source in New Delhi, it took Tamil Nadu Chief Minister and All India Dravida Munetra Kazhagam chief J Jayalalithaa's early-hour phone call to Prime Minister Narendra Modi eased the tension about the unanimous resolution on the Judicial Appointments Commission Bill in the Rajya Sabha.
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