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 National Judicial Commission Bill, 2022, was introduced after the majority of voice votes were in its favour.
I would say, unhappiness of the Government of the fact that NJAC does not pass the muster, Justice Kaul observed.
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 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.
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.
The Supreme Court has got four new judges with President Pranab Mukherjee signing their warrants of appointment on Wednesday.
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 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".
Vice President Dhankar's and Law Minister Rijuju's recent interventions have the danger of destabilising the Constitutional equilibrium, cautions N Sathiya Moorthy.
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.
He said he considers this duration as enough and would like to return to his practice.
'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.
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.
Expressing "surprise" over the Supreme Court verdict striking down the National Judicial Appointments Commission Act, Union Law Minister D V Sadananda Gowda said.
'Coupled with e-filing procedures it would really enhance the ability of the judiciary to provide speedier justice.'
Attorney General Mukul Rohatgi said the collegium system, which became re-operational with Friday's Supreme Court verdict, is not found in the Constitution.
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.
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.
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.
The government has returned twice to the Supreme Court collegium a recommendation made by it.
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.
"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 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.
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.
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.
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 Supreme Court will hear on Monday a batch of petitions challenging the 121st constitutional amendment by which collegium system for appointment of judges in higher judiciary was scrapped and a new mechanism under National Judicial Appointment Commission was proposed to be put in place.
The current session of Parliament may be extended to enable the passage of bills, Parliamentary Affairs Minister Venkaiah Naidu told Bharatiya Janata Party MPs in New Delhi on Tuesday.
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".
Justices A M Khanwilkar, D Y Chandrachud, Ashok Bhushan and L Nageshwar Rao were on Friday sworn in as Supreme Court judges, taking the apex court's strength to 29, including Chief Justice T S Thakur.
Justice Khehar, 64, will be the first Chief Justice from the Sikh community and he will succeed CJI Thakur who will be demitting office on January 3, 2017.
Former AAP leaders Yogendra Yadav and Prashant Bhushan said the Bill was completely different from the one envisaged originally.
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