The Supreme Court on Monday refused to consider listing of a plea seeking abolition of the collegium system of judges appointing judges in the higher judiciary. A bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra took note of the plea of lawyer Mathews Nedumpara that his writ petition seeking abolition of the collegium system has to be listed for hearing. I have mentioned it several times. The registry has rejected it and is not listing my petition, the lawyer said. The Registrar (Listing) has said that once the Constitution bench has ruled on something, an Article 32 petition (under the Article a plea can directly be filed in the Supreme Court on grounds of infringement of fundamental rights) is not maintainable. There are other remedies against the registrar's order, the CJI said. The review petition against the NJAC judgement was dismissed in the chambers, the lawyers said, adding, This is about the credibility of the institution. The ...
Former Supreme Court and high court judges expressed concerns over attempts by certain factions 'to undermine the judiciary through calculated pressure, misinformation, and public disparagement'
Chief Justice of India (CJI) D Y Chandrachud on Monday said there is a need to have a "delicate balance" between the search and seizure powers vested with investigative agencies like the CBI and an individual's right to privacy. The CJI was delivering his keynote address at the 20th D P Kohli memorial lecture in the memory of the first director of the federal probe agency. In the realm of criminal justice, the delicate balance between search and seizure powers and individual privacy rights stands and this is at the cornerstone of a fair and just society, Justice Chandrachud said. He added that at the heart of this balance lies the need to uphold due process. The CJI also flagged "unwarranted" confiscation of personal devices, saying there was a pressing need to strike a balance between investigative imperatives and individual privacy rights. He also asked the investigative agencies to "pick their battles", saying instead of spreading out too thinly in various cases, they should ..
The CJI said that the new laws encompass "substantive crime, procedure and evidence" and keeping a digital record of every stage of criminal investigation ensures a seamless flow of information
The Centre on Wednesday defended in the Supreme Court the appointment of two new election commissioners (ECs) under a 2023 law that excludes the Chief Justice of India from the selection committee, saying the independence of the Election Commission does not arise from the presence of a judicial member on the committee. In an affidavit filed in the apex court, the Union Law Ministry rejected the petitioner's claim that the two election commissioners were hastily appointed on March 14 to "pre-empt" the orders of the top court the next day, when the matters challenging the 2023 law were listed for hearing on interim relief. The affidavit has been filed in response to a batch of pleas, including those by Congress leader Jaya Thakur and the Association for Democratic Reforms, challenging the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Terms of Office) Act, 2023. "It is submitted that the case of the petitioners is premised on one .
Chief Justice of India D Y Chandrachud on Saturday said mutual fraternity is necessary to maintain equality in the country. Addressing a state-level 'Hamara Samvidhan Hamara Samman' campaign in Bikaner, the CJI asked how will the country progress if people fight with each other. "We should have respect for each other in accordance with the spirit of the Constitution," he said. Justice Chandrachud said that "human dignity was of supreme importance in the minds of the makers of our Constitution". "Dr Baba Saheb Ambedkar, as Chairman of the Drafting Committee, ensured that the Constitution promoted the values of justice, liberty and equality as well as the spirit of fraternity and dignity of the individual," he added. Justice Chandrachud said what it means to say is that "mutual brotherhood is necessary to maintain equality in the country. "How will the country progress if people fight each other? Therefore, when we say 'Our Constitution, Our Honour', we also have to emphasize that
Chief Justice of India D Y Chandrachud on Saturday said both India and Bangladesh share the tradition of constitutional and judicial systems largely aiming to ensure stability and both nations recognised their constitutions as "living documents." "Our shared tradition aims to ensure stability, but when stability is desired, the stability must never be confused with stagnation," Chandrachud said as he spoke at the valedictory function of a two-day conference here in the presence of Bangladesh Prime Minister Sheikh Hasina, who was the chief guest. We recognise our constitutions are living documents. The constitutions of Bangladesh and India proclaim that they are 'given to the people by the people themselves' as citizens of sovereign nations, Chandrachud said. Bangladesh's Chief Justice Obaidul Hassan chaired the event. Bangladesh's apex court judges took part in the conference, which drew many jurists, senior lawyers, and government leaders including Law Minister Anisul Huq. Earlier
The bench led by Chief Justice of India DY Chandrachud, however, refused to pass any interim orders protecting the startups from being removed from Google's Play Store
Former president and head of the high-level committee on one nation, one election Ram Nath Kovind has held consultations with former chief justice of India U U Lalit and the Bar Council of India on the issue of simultaneous polls. Continuing his deliberations with retired judges, Kovind also met former chief justice of the Meghalaya High Court Justice Sanjib Banerjee and Manan Kumar Mishra, chairman of the Bar Council of India, who gave their considered opinion on the subject, an official statement said on Saturday. It also said the committee held its fresh meeting on Saturday in which a presentation was made based on the research paper Macroeconomic Impact of Harmonising Electoral Cycles, Evidences from India' co-authored by panel member and former Finance Commission head N K Singh and Prachi Mishra. The paper indicated that simultaneous elections would precipitate higher economic growth, and result in more government investment in expenditure on capital and revenue. Saturday's ..
The Digital Supreme Court Reports (SCR) will make Supreme Court judgements available to the citizens of the country free of charge and in electronic format
Chief Justice of India DY Chandrachud said on Saturday that optimising tech within the judiciary is not just about modernisation but also a strategic move towards democratising access to justice, and underlined the need to train lawyers to use technology. Leveraging these advancements will help bridge gaps, enhance efficiency, and ensure that justice delivery is not impeded by geographical and technological barriers, he said while addressing a gathering at the inauguration of a new district court building here. Highlighting the importance of district courts, Justice Chandrachud said they hold a crucial position for the realisation of the right to justice and are a cornerstone of the ideals of our Constitution in envisioning a society where every citizen is assured that right to justice. Talking about the new court building in Rajkot, he called the inclusion of a conference room and a training room, equipped with the latest audio-video devices and systems, a forward-looking ...
More than four years after the historic Ayodhya verdict of the Supreme Court, Chief Justice of India DY Chandrachud on Monday said the five-judges, who ruled in favour of construction of a Ram temple by a trust at the disputed site, had unanimously decided there will be no authorship ascribed to the judgement. On November 9, 2019, settling a fractious issue that went back more than a century, a five-judge bench headed by the then CJI Ranjan Gogoi had paved the way for construction of the temple and ruled that an alternative five-acre plot will be found for a mosque in the holy town in Uttar Pradesh. In an exclusive interview with PTI, CJI Chandrachud, who was part of the constitution bench, candidly spoke on the issue of anonymity and said, when the judges sat together, as they do before a pronouncement, it was unanimously decided that this will be a "judgement of the court". He was replying to the query as to why the name of the author judge was not made public. "When the five-jud
Chief Justice of India DY Chandrachud on Monday refused to respond to criticism of the unanimous five-judge bench verdict of the Supreme Court upholding scrapping of Article 370 of the Constitution, saying the judges decide a case "according to the Constitution and the law". In an exclusive interview to PTI, the CJI said the judges speak their mind through their judgement which becomes public property after the pronouncement and people in a free society can always make their opinion about it. "So far as we are concerned we decide according to the Constitution and the law. I don't think it will be appropriate for me either to respond to the criticism or mount a defence to my judgement. What we have said in my judgement is reflected in the reason present in the signed judgement and I must leave it at that," Justice Chandrachud said. The response came to a query seeking his views on recent criticism by some jurists, including a former judge, on the Article 370 verdict, which upheld the
Stamping means when a stamp duty is paid on the value of the agreement as per the Stamps Act
Security beefed up in Jammu & Kashmir
Chief Justice of India D Y Chandrachud on Saturday urged citizens to have the audacity to listen to others and break their own echo chambers. The CJI was speaking at the 20th convocation ceremony of the Symbiosis International (Deemed) University in Pune. The power of listening to others is important in every sphere of life. It is enormously liberating to yield that space to others. The problem with our society is that we are not listening to otherswe are listening only to ourselves, he said. By having the audacity to listen one concedes that the individual may not have all the right answers but is willing to explore and find them, the CJI said, adding it also gives a chance to break our own echo chambers and give us a newer understanding of the world around us. Life has a peculiar way of teaching us. Let humility, courage and integrity be your companions in this journey, he said. CJI Chandrachud added that contrary to the common misconception, strength is not shown by anger or ..
The polarisation across the world, with India not being an exception, is marked by the growth of social media and growing intolerance among communities, Chief Justice of India D Y Chandrachud has said here. Speaking at the Jamnalal Bajaj Awards function on Friday, he also said that India's pluralistic culture and "ability to engage in dialogue" set it apart from many other countries which got independence during the same period but could not sustain democracy. "Much of the polarisation which we see across the globalised world....the polarisation between right and left and the centre...the polarisation which we experience across the world and India is no exception, is also marked by the growth of social media, the sense of intolerance among communities, the short attention span which the younger generation has," Chandrachud said. This was not an isolated phenomenon, and free markets and technology produced it, he added. The CJI also spoke about how India's post-independence journey
He said though CJI has brought many reforms, the reforms relating to Collegium and senior designation were much needed to take the judiciary to new heights
Chief Justice of India D Y Chandrachud on Friday said that as a judge, he is a "servant" of the law and the Constitution and has to follow the position that has been laid down. As soon as a bench headed by the CJI assembled for the day's proceedings, advocate Mathews J Nedumpara mentioned a matter before the court. The lawyer then told the bench, also comprising Justices J B Pardiwala and Manoj Misra, about the need for reforms in the collegium system as well as abolition of the senior advocate designation. "You have the freedom to pursue your heart's desire. As the Chief Justice of India, but more importantly, as a judge first, I am a servant of the law and the Constitution," Justice Chandrachud said. "I have to follow a position which has been laid down," he said, adding, "I cannot say this is what I like and I will do it." In October this year, the apex court had dismissed a plea challenging the designation of lawyers as senior advocates, saying the petition was a "misadventure
Access to justice cannot be secured only by crafting pro-people jurisprudence in judgements but requires active progress on the administrative side of the court such as improving infrastructure and enhancing legal aid services, Chief Justice of India DY Chandrachud said on Monday. Speaking at the first Regional Conference on Access to Legal Aid organised by National Legal Services Authority (NALSA) here, Chandrachud said the challenge for judges is not to do justice in the facts of the individual case but to institutionalise the processes and look beyond the immediate as well. "Access to justice is not a right that can be secured only by crafting pro-people jurisprudence in our judgements rather it requires active progress on the administrative side of the court as well," Chandrachud said. The CJI said the discourse about human rights and access to justice has historically been monopolised by voices from the Global North (industrialised nations) which makes such dialogues ...