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Indian Judiciary
The Supreme Court on Wednesday asked the Centre and the Supreme Court Bar Association to suggest measures to prevent recurrence of incidents like the shoe-hurl attempt targeting former CJI B R Gavai in the courtroom. The court also asked for a standard operating procedure for the media to report on such incidents. A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi asked Solicitor General Tushar Mehta, appearing for the Centre, and senior advocate and SCBA President Vikas Singh, to submit suggestions to it for issuing the guidelines to deal with the issue. "The solicitor general, Tushar Mehta, and senior advocate and SCBA president jointly state that they will put up joint suggestions recommending preventive measures for these kinds of occurrences, and the protocol to be observed for reporting and publicising such incidents in future," the CJI said. The top court waived off the procedural formality of issuing a notice to the Centre and said that the issue was ..
Observing that half-baked truth and ill-informed running commentary on sub-judice cases affects public perception, the Supreme Court on Friday asserted that it is "completely immune" from reporting of cases for the sake of publicity or narrative building. The observations were made when the top court was hearing a case concerning the repatriation of certain individuals deported to Bangladesh on the alleged ground that due process was not followed. During the proceedings, the court was informed that Sunali Khatun, a pregnant woman, and her eight-year old son have come back to India and presently, she is getting medical attention at her father's residence in Birbhum in West Bengal. A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi fixed January 6 to hear the Centre's appeal against a Calcutta High Court judgment that directed the repatriation of certain individuals deported to Bangladesh on the alleged ground that the due process was not ...
Don't bring down the judiciary by filing such cases, the Supreme Court on Friday remarked while expressing strong displeasure over a plea challenging its earlier decision granting exemption to minority schools from the provisions of the Right to Education Act. Imposing a cost of Rs 1 lakh on the petitioner, a bench of Justices BV Nagarathna and R Mahadevan said let this be a message to others. "You cannot do this to Supreme Court. We are enraged. This is against the entire system of judiciary in this country if you start filing such cases. You don't know the seriousness of your case. We are restraining ourself to 1 lakh cost," the court said. Rapping the advocate for filing the plea, the court said, "Don't bring down the judiciary in this country by filing such cases. What is happening here? Advocates are giving such kind of advice? We will have to penalise the advocates. " "You are law knowing citizens, professionals, and you file a writ petition challenging the judgement of this
Sending a "strong message" that the Supreme Court is meant for the common man, Chief Justice of India Surya Kant on Saturday said a predictable timeline and a unified national judicial policy-based early decision of pending cases would be his priority. Speaking at the Hindustan Times Leadership Summit here, the CJI referred to access to justice, and said his priority is to ensure how to reduce the cost of litigation, and how to prescribe a reasonable timeline within which matters are decided. Asked about the independence of judiciary, Justice Kant referred to the constitutional philosophy of separation of powers, and said the Constitution has beautifully defined the respective roles of the judiciary, the legislature, and the executive, while ensuring that there is no overlapping. "My first priority will be a predictable timeline and a unified national judicial policy-based early decision of the pending cases. I am not saying elimination of all the arrears. That will never happen. Th
Chief Justice of India (CJI) Surya Kant on Saturday said judges need recreational activities to recharge themselves as they have long working hours and the nature of their work is very stressful. Speaking to the media at the opening ceremony of the All India Judges Badminton Championship, the CJI said judges should participate in recreational activities that suit their age. "The working hours of judges are long and the nature of (their) work is very stressful. Sitting hours are long. All judges should participate in a recreational activity and make it a habit. Recreation is needed to recharge them. "High Court judges are participating in this event in large numbers. It shows that they are conscious about their health and well-being," CJI Kant said. Law Minister Arjun Ram Meghwal, Union minister Kiren Rijiju, and apex court judges were present at the ceremony. The two-day championship is being held at the Thyagraj Sports Complex here. The closing ceremony and prize distribution wi
All the three wings of democracy - executive, judiciary and legislature - exist for the welfare of citizens and none can work in isolation, Chief Justice of India (CJI) Bhushan Gavai said on Wednesday. Speaking at the project initiation function of the Maharashtra National Law University's (MNLU) campus in Mumbai, he said the principles of liberty, justice and equality are embodied in the Constitution. The judiciary has neither the power of the sword nor the power of words. Unless the executive is on board, it is difficult for the judiciary to provide adequate infrastructure to judiciary as well as legal education, the CJI said. He noted law education is now developing with more practical-oriented training and hence infrastructure plays a very important role. The CJI refuted criticism that the Maharashtra government was found lacking when it comes to providing judiciary infrastructure and insisted the notion was based on incorrect views. He lauded the state government and Chief .
The Supreme Court on Friday directed the Bar Council of India to notify elections for Punjab and Haryana bar councils in ten days and hold the polls by December 31, 2025. A bench of Justices Surya Kant and Joymalya Bagchi also directed apex bar body Bar Council of India (BCI) to hold elections for the Uttar Pradesh Bar Council by January 31, 2026 and address the genuine and bonafide grievances of electors. The top court passed the directions after it was pointed out that elections for Punjab and Haryana bar councils have not been notified and in Uttar Pradesh the voter list is not being uploaded on the website. Senior advocate Manan Kumar Mishra, who is also chairman of Bar Council of India, submitted that as per rules 180 days need to be there between the holding of election and its notification and they may face some difficulties in case of Punjab and Harayan. Justice Kant asked Mishra to form a committee headed by retired high court judge to hold the bar council elections for ..
Huge pendency of matters is a "major problem," Chief Justice of India B R Gavai has said, noting that disputes involving an amount of Rs 6.85 lakh crore are still pending consideration before the Income Tax Appellate Tribunal (ITAT). The CJI was speaking at a symposium titled 'Income Tax Appellate Tribunal -- Role, Challenges and Way Forward' and a felicitation ceremony held here on Wednesday. Justice Gavai, however, praised ITAT for bringing down the pendency of cases from 85,000 to 24,000 in the last five years. "A major problem as is with the courts as well as the other tribunals is with regard to huge pendency. I am happy to note that as Shri Bhadang (ITAT head) said that in last five years they have brought down the pendency from 85,000 to 24,000. "I must congratulate all the members of the ITAT as well as the members of the Bar because without the cooperation of the Bar this could not have been possible for achieving such great achievement. However, still the matters involvi
Chief Justice of India B R Gavai on Friday said the Indian legal system is governed by rule of law and not by "rule of the bulldozer". Delivering the inaugural Sir Maurice Rault Memorial Lecture 2025 in Mauritius on 'Rule of Law in the Largest Democracy', he referred to his own verdict deprecating 'bulldozer justice'. Sir Maurice Rault, a noted jurist, was the Chief Justice of Mauritius from 1978 to 1982. Highlighting the principle of rule of law and its expansive interpretation by the Supreme Court of India, Justice Gavai, who is on a three-day official visit to the island nation, said, "The judgment sent a clear message that the Indian legal system is governed by the rule of law, not by the rule of the bulldozer." In the judgement in the 'bulldozer justice' case, the apex court held that demolition of houses of accused in response to alleged offenses bypasses legal processes, violates the rule of law and infringes upon the fundamental right to shelter under Article 21. "It was .
A plea has been filed in the Supreme Court challenging an order of the Madhya Pradesh High Court that quashed an amendment to the Madhya Pradesh Higher Judicial Service (Recruitment and conditions of Service) Rules, 1994, for appointments to the post of district judge. The amendment introduced in 2015 allowed the high court to fill the posts of district judge (entry point) by judges from the district court if appropriate candidates were not found from the Bar quota (advocate quota) in two consecutive exams. The plea filed by the Madhya Pradesh High Court through its registrar general seeks direction to stay the impugned order dated April 4, 2025. According to the petition filed through advocate Ashwani Dubey, the amendment was introduced to address the challenging situation of extremely low number of selections of district judges from the quota designated for practising lawyers having experience of more than seven years. The petition stated that from 2011 to 2015, 304 vacancies wer
The Supreme Court on Tuesday commenced hearing on a significant legal question on whether judicial officers, who had completed seven years of practice as advocates prior to joining the bench, can be appointed as district judges under vacancies earmarked for the Bar. A five-judge Constitution bench comprising Chief Justice BR Gavai and Justices MM Sundresh, Aravind Kumar, SC Sharma and K Vinod Chandran started hearing 30 petitions, having wide ramifications for judicial recruitment across the country. The bench is examining questions pertaining to interpretation of Article 233 of the Constitution that governs appointment of district judges. Appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State, Article 233 says. It also says: A person not already in the service of the Union or of the State shall only be eligible to b
The Supreme Court on Friday said it will commence hearing from September 23 on a key question whether a judicial officer, who has already completed seven years in the bar prior to joining a bench, is entitled to become an additional district judge (ADJ) in view of a vacancy. A bench comprising Chief Justice B R Gavai and Justices MM Sundresh, Aravind Kumar, SC Sharma and K Vinod Chandran will commence the hearing on September 23 and hear arguments over three days, till September 25. The key question for adjudication is whether a judicial officer, who had completed seven years of practice at the Bar before joining judicial service, can be considered for appointment as a district judge against vacancies earmarked for advocates under Bar quota. Article 233 of the Constitution deals with the appointment of district judges and reads: Appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the governor of the State in consultation wit
The West Bengal government on Wednesday told the Supreme Court that the governor cannot examine the legislative competence of a bill passed by the assembly. A five-judge Constitution bench headed by Chief Justice BR Gavai was told by senior advocate Kapil Sibal, appearing for West Bengal, that since Independence there is hardly any example where the President has withheld a bill passed by Parliament because it is the will of the people. Advancing his argument before a bench also comprising Justices Surya Kant, Vikram Nath, PS Narasimha and AS Chandurkar, on the seventh day of hearing on the Presidential reference on whether the court could impose timelines for governors and President to deal with bills passed by state assemblies, Sibal submitted that legislative competence of a bill has to be tested in courts. "A legislation can be challenged in a court of law by citizens or by somebody else. It's in the rarest and rare case that a Governor says I cannot give assent to the bills and
The Supreme Court has ordered an inquiry into the claims of a judicial member of the National Company Law Appellate Tribunal (NCLAT) of being "approached by one of the most revered members of the higher judiciary". Sources privy to the development said the inquiry will be conducted by the apex court's secretary general with the top court deciding the future course of action on the basis of the outcome. Justice Sharad Kumar Sharma, the judicial member of the Chennai-based NCLAT, alleged being approached by a member of higher judiciary for a favourable order in a case which was pending before him. He recused himself from hearing the matter and even recorded the incident in a two-paragraph order passed on August 13. "We are anguished to observe, that one of us, Member (Judicial), has been approached by one of the most revered members of the higher judiciary of this country for seeking an order in favour of a particular party. Hence, I recuse to hear the matter (sic)," the NCLAT order
India and Singapore can set global benchmarks in fair, transparent and efficient dispute resolution, Minister of State for Law and Justice Arjun Ram Meghwal said here on Wednesday. Addressing an Indian Council of Arbitration (ICA) Symposium cum Roundtable, Meghwal said, The significant reforms in India's arbitration laws and the establishment of the India International Arbitration Centre mark a decisive step towards creating a world-class dispute resolution framework. These initiatives ensure that arbitration in India is faster, more efficient, and more trustworthy, he told some 150 delegates at the symposium on Bridging Markets, Resolving Disputes via ADR in the India-Singapore Corridor. By working together, India and Singapore, two dynamic democracies with rapidly growing economies, can set global benchmarks in fair, transparent, and efficient dispute resolution, reinforcing our shared commitment to prosperity, stability and sustainable development, he said. This progress ...
Chief Justice of India B R Gavai has said he was glad that the Supreme Court's ruling against the demolition of houses of accused persons without following due procedure of law upheld the rights of citizens. He was part of the SC bench that last year slammed instant bulldozer justice' and laid down pan-India guidelines on demolition of properties, saying the executive could become a judge and declare an accused as guilty and demolish his house. Speaking at a felicitation function organised by the Goa High Court Bar Association in Panaji on Saturday, the CJI also explained the reasoning behind his landmark judgment on the creamy layer in the reserved category. Pointing out to the speeches by earlier speakers during the felicitation, which referred to his historic judgments, CJI Gavai said, I am really happy that we could do something as a custodian of the Constitution for protecting the rights of citizens whose houses were demolished without following the procedures of law. He said
State Bar Councils or the Bar Council of India cannot collect any "optional" fee other than the statutory charge from law graduates enrolling as lawyers, the Supreme Court has said while asking the Karnataka State Bar Council to stop collecting any such amount. A bench of Justices J B Pardiwala and R Mahadevan passed the direction on a contempt plea filed by K L J A Kiran Babu, alleging that directions issued by this court in July last year on not charging exorbitant fees from enrolling law graduates by state bar councils, especially the Karnataka State Bar Council are not being complied with in letter and spirit. The Bar Council of India, in its affidavit, said all state bar councils are complying with the directions of the court and the Rs 6,800 charged by the Karnataka State Bar Council for ID cards, certificates, welfare fund, and training, among others, and Rs 25,000 over and above the statutory fees are optional and not mandatory. "We make it clear that there is nothing like