"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.
The Supreme Court on Monday stayed an interim order passed by Madras high court controversial judge Justice C S Karnan
There is no woman judge among the five new judges appointed in the Supreme Court who were sworn-in on Friday.
Malhotra was administered the oath of office and secrecy in a ceremony held at court number 1 in the apex court.
"Day in day out there exists a misconception in the minds of people that judges stay in big bungalows, work only 10 AM to 4 PM and enjoy their holidays. Such a narrative is untrue," Chief Justice N V Ramana said on Thursday while paying glowing tributes to Justice Rohinton Fali Nariman on his superannuation after over seven years at the Supreme Court bench.
"We will work out the parameters then we will see as to how mentioning will be done," he said.
The remarks by the CJI came against the backdrop of the recent remarks by Vice President Jagdeep Dhankhar who questioned the landmark 1973 Kesavananda Bharati case verdict that gave the basic structure doctrine.
The National Judicial Commission Bill, 2022, was introduced after the majority of voice votes were in its favour.
The Supreme Court on Monday witnessed sharp exchanges when it took exception to Attorney General Mukul Rohatgi using the phrase "judges appointing judges" to attack the collegium system and observing that B R Ambedkar would have turned in his grave at the way the power was taken away from the executive.
'I wonder how people who come to power through democratic means turn out this way.' 'But people of India are strong, and those who think they can hoodwink people, are mistaken.' 'You can fool some people for some time, but not all people, all the time.'
The order will be passed by a five-judge Constitution bench of Chief Justice Ranjan Gogoi, Justices NV Ramana, DY Chandrachud, Deepak Gupta and Sanjiv Khanna on a petition filed by a Supreme Court Secretary-General challenging the January 2010 judgment of the Delhi high court.
As judges are not elected, they do not face public scrutiny but people watch them and make assessment about them from the way they deliver justice, Law Minister Kiren Rijiju said on Monday.
Differences of opinion are a part of democracy and there are ways to find solutions to that, Law Minister Kiren Rijiju said on Thursday in Rajya Sabha on whether there exists differences between the judiciary and the executive on the issue of appointment of judges.
Unless there is a solution that improves the present system of appointment of judges, it's best to not tinker with it, says Jayant Tripathi.
Justice Bobde has decided several key cases and was part of the recent historic verdict that cleared the way for the construction of a Ram Temple at the disputed site in Ayodhya.
"Kharge dissents regularly," the minister said.
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.
'The appointment of judges must not be under the control of the government,' says Prashant Bhushan.
Inaugurating the 39th chief justices' conference in New Delhi, which is being held after a gap of six years, the CJI outlined the agenda of the meeting and said the 'aim and object of today's conference is to discuss and identify the problems that are affecting the administration of justice'.
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.
A five-judge Constitution bench headed by Justice KM Joseph said the concepts of liberty, equality and fraternity must not be "strange bedfellows" to the ruling class.
The bench said it was necessary that question of 'judicial independence is accounted for in the balancing exercise' with RTI.
Justice Kurian Joseph, who will turn 65 on November 30, was part of the five- judge bench which by a majority of 3:2 had ruled the practice of divorce through triple talaq among Muslims as "void", "illegal" and "unconstitutional".
Eminent jurist Ram Jethmalani on Sunday asserted that Indian Parliament "is not sovereign" for its decisions can be challenged in court, as he hit out at Finance Minister Arun Jaitley for criticising the Supreme Court verdict to scrap NJAC Act on appointment of higher judiciary.
Following objection from petitioners who claimed conflict of interest.
BJP CMs promote a lawless culture, one where groups backed by the State are encouraged to attack fellow citizens, where being trigger-happy is the official police policy, notes Jyoti Punwani.
Should the Karnataka high court deliver a verdict in the Jayalalithaa case on Thursday, the Supreme Court bench on Friday could pass orders in her bail extension plea that may end up staying the former ruling, reports N Sathiya Moorthy.
The momentum created by the landslide victory of the ruling party should be utilised to carry forward reforms in the legal field, says M J Antony.
JUstice Kurian Joseph favoured setting up of an administrative committee to assist the office of Chief Justice of India in effectively handling the affairs of the top court.
'Coupled with e-filing procedures it would really enhance the ability of the judiciary to provide speedier justice.'
The bench was perturbed that the Madras high court was working with half the sanctioned strength of 49 judges, though a collegium, consisting of five senior judges of the apex court, had cleared 17 names for the posts.\n\n
Expressing "surprise" over the Supreme Court verdict striking down the National Judicial Appointments Commission Act, Union Law Minister D V Sadananda Gowda said.
Shethna was particularly unhappy over the fact that the collegium of the Supreme Court did not get his version of the altercation with Justice P B Majumdar on January 11 before deciding to transfer him.
The Supreme Court on Wednesday said the inclusion of the Chief Justice of India in the consultative process for the appointment of chief election commissioner would ensure independence of the poll panel.
By raising a banner of revolt against the CJI, the 4 judges have dealt a body blow to the faith of many Indians in the Supreme Court, argues Sudhir Bisht.
'N Ram and I met on the lawns of Mani Shankar Aiyar's bungalow.' 'I pulled out a rolled printout from my jacket and handed it to him.' 'In the cut-throat world of journalism, this was like high treason.' 'But letting a story be killed because you can't publish it is a bigger crime than passing it to the competition,' recalls Shekhar Gupta.
Having declared democracy in danger at a famous press conference in January, the newly sworn-in chief justice's stint of 1 year and 44 days will be keenly watched for what he does to defend this ideal
The hearing came nearly a month after the apex court had sent a stern message to the Centre over non-execution of collegium's decision to transfer and appointment of Chief Justices and judges in high courts.
Criticising the decision, the party also said it was a fight between forces 'rejecting democracy' and voices 'rescuing democracy'.
Justice Chelameswar said the reasons were too obvious and he would not like to deal with the matter.
