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 appointment of judges must not be under the control of the government,' says Prashant Bhushan.
Vacancies in high courts continue to mount with the collegium which made a comeback three months ago yet to recommend fresh names for the posts, including that of chief justices to eight of them.
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.
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.
'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.'
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.
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.
"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.
Keen to scrap the collegium system, government on Monday introduced a Constitution Amendment Bill in Lok Sabha to establish a six-member body for appointment of judges to the Supreme Court and the high courts.
Landmark judgments follow new CJI's assumption of office.
In 1970, Bharati, the hereditary head of Edneer Hindu 'Matha' in Kasaragod district of Kerala, had moved the top court challenging the state government's two land reform Acts meant to restrict the management of religious properties. The case had a number of firsts to its credit.
He also made it clear that judiciary cannot depend on executive in choosing judges.
'If ever there was a decisive moment in the history of the Supreme Court where it has been under attack by the Executive, and the judges have boldly stood up for independence of the Judiciary, that time was now.' 'These four judges did a brilliant thing, they set an example.' 'They showed that they were fulfilling their duty to the Constitution and to God.' 'Don't allow fear to dictate your actions was their message.'
A landmark bill to replace the collegium system of judges choosing judges was on Thursday passed in the Lok Sabha after government dropped a controversial provision that required unanimity in recommendation if the President seeks reconsideration.
If the judiciary loses this fight, it will suffer irreparable damage and all of us citizens will be the losers.
Justice Chelameswar led three senior judges to an unprecedented press conference, mounting a virtual revolt against CJI Dipak Misra.
The Supreme Court on Tuesday ruled out making "wholesale changes" in the collegium system of appointment of judges for higher judciary.
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.
President Pranab Mukherjee administered the oath of office and secrecy to Justice Kehar at the Darbar Hall of Rashtrapati Bhawan.
'Coupled with e-filing procedures it would really enhance the ability of the judiciary to provide speedier justice.'
Justice J S Khehar will be sworn in on January 4 and will hold the tenure for over seven months till August 27, 2017.
Speculations surrounding Justice Gogoi's appointment as the next CJI emerged following the unprecedented press conference of 4 most-senior judges.
'The average annual rate of appointment of high courts judges has increased by 63 per cent.'
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.
Along with the triple talaq matter, the Supreme Court will also hear cases related to Aadhaar and WhatsApp during the nearly 50-day summer vacation.
The government had declined to appoint Justice Joseph's to the top court and asked it to reconsider his name.
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.
'The forces of good are on the run.' 'But dark times also challenge people to fight.' 'I believe Indians will rise against these dark times.'
PM says rendering free legal aid to the poor should be a criterion in selection of judges.
'To suggest that activists -- and that too 'five star activists' -- are driving the courts, is to betray an ignorance of the functioning of the legal system of the most gross kind,' says Senior Advocate and former Additional Solicitor General Indira Jaising.
The nullifying of the NJAC Act has put the spotlight on the Judiciary. Concepts like transparency, being open to change, leading from front, management of perceptions that were reserved for the Executive earlier are now relevant for the Judiciary as well, says Sanjeev Nayyar.
© 2026 Rediff.com - Investor Information - Advertise with us - Disclaimer - Privacy Policy - Sitemap - Feedback - About us - Terms of use - Grievances