Page 8 - Cji

Legislature can enact fresh law to cure deficiency, can't overrule it: CJI

Chief Justice D Y Chandrachud on Saturday said the legislature can enact a fresh law to cure a deficiency in a judgment but it cannot directly overrule it. Speaking at the Hindustan Times Leadership Summit here, Chandrachud said judges don't think about how the society would respond when they decide cases and that is the difference between the elected arm of the government and the judiciary. "There is a dividing line between what the legislature can do, and what the legislature can't do when there is a judgment of the court. If a judgment decides a particular issue and it points out a deficiency in law, it is always open for the legislature to enact a fresh law to cure the deficiency," the CJI said. "What the legislature cannot do is to say that we think the judgment is wrong and therefore we overrule the judgment. The judgment of a court cannot be directly overruled by the legislature," the CJI said. He also said judges are guided by constitutional morality and not public morality

Electoral bonds scheme wholly arbitrary, has to be struck down: Sibal to SC

Senior advocate Kapil Sibal said the Electoral Bonds scheme is wholly arbitrary and has to be struck down

Sometimes it's vote of conscience: CJI on judgement on queer couples

CJI Chandrachud was speaking at the 3rd Comparative Constitutional Law discussion on the topic 'Perspectives from the Supreme Courts of India and the United States'

Legal system often played key role in perpetuating historical wrongs: CJI

Chief Justice of India D Y Chandrachud has said that unfortunately the legal system has often played a "pivotal role" in perpetuating "historical wrongs" against marginalised social groups and the harm caused by this can persist for generations. Chandrachud delivered the keynote address at the Sixth International Conference on the Unfinished Legacy of Dr. B.R. Ambedkar' at the Brandeis University, Waltham, Massachusetts, on Sunday. In his address titled Reformation Beyond Representation: The Social Life of the Constitution in Remedying Historical Wrongs', Chandrachud said that throughout history, marginalised social groups have been subjected to horrendous, egregious wrongs, often stemming from prejudice, discrimination and unequal power dynamics. From the brutal transatlantic slave trade that forcibly uprooted millions of Africans, the Native American displacement, caste inequalities in India affecting millions of backward castes to the oppression of indigenous Adivasi communities

Unmarried couples, including queer couples, can jointly adopt child: CJI

Unmarried couples, including queer couples, can jointly adopt a child, the Supreme Court said on Tuesday while striking down a Central Adoption Resource Authority (CARA) regulation that allows only married couples to adopt children. A five-judge Constitution bench of the top court on Tuesday unanimously refused to accord legal recognition to same-sex marriages under the Special Marriage Act, ruling that it is within the Parliament's ambit to change the law for validating such a union. Writing a 247-page separate judgement, Chief Justice of India (CJI) D Y Chandrachud struck down Regulation 5(3) of the CARA, saying it is violative of the rights of the queer community and that the CARA has exceeded its authority in barring unmarried couples from adopting children. The five-judge bench, however, passed a 3:2 verdict against adoption rights for the LGBTQIA++ community. While the CJI and Justice Sanjay Kishan Kaul opined that queer couples should be given adoption rights, Justices Ravin

CJI on same-sex marriage: Parl can change law, we can only interpret

The court can't make law but only interpret it and it is for Parliament to change the Special Marriage Act, Chief Justice of India (CJI) D Y Chandrachud said on Tuesday while pronouncing his verdict on 21 pleas seeking legal validation for same-sex marriages. At the outset, Justice Chandrachud said there are four judgments -- by himself, Justices Sanjay Kishan Kaul, S Ravindra Bhat and P S Narasimha -- in the matter. Justice Hima Kohli is also a part of the five-judge bench. Directing the Centre, states and Union Territories (UTs) to ensure that the queer community is not discriminated against, the CJI, who is heading the constitution bench, said queer is a natural phenomenon known for ages and is neither urban nor elitist. Justice Kaul said he agrees with the CJI on grant of certain rights to queer couples. "Non-heterosexual and heterosexual unions must be seen as both sides of same coin," he said, adding that legal recognition of non-heterosexual unions is step towards marriage .

Tech-friendly systems must be complemented by judges' mindset change: CJI

Chief Justice of India D Y Chandrachud on Saturday said technology-friendly legal systems must be complemented by a change in mindset of each judge, member of the bar, registry official and administrative staff. Technology is a source of inclusion and any resistance to it often stems from "inner inertia to disturb the status quo and fear of the unknown", he said. CJI Chandrachud was speaking at an event here to celebrate the platinum jubilee of the Rajasthan High Court. He also inaugurated the paperless court and Telegram channel of the High Court. "Our move towards a technology-friendly legal system must be complemented by a change in the mindset of every judge, every member of the bar, registry official and administrative staff," the chief justice said. Citing conditions set by some high courts for litigants to get access to a digital link for video conferencing, he said, "Technology is only for the old and not for the young... these mindsets have to change. In our revolution to

Rise in number of women judges nation-wide trend: CJI Chandrachud

Chief Justice of India (CJI) D Y Chandrachud on Friday referred to the significant increase in the number of women judicial officers and said it was a countrywide trend. At the outset of the proceedings, the CJI said, "We wish to share some happy news. Here in the back row (in the courtroom), we have 75 judges from the civil judge junior division from Maharashtra. Out of a batch of 75 judges, 42 are women and 33 men." "This is a trend happening across the country. There are more women judges in numbers," the CJI, who was sitting on a bench with Justices J B Pardiwala and Manoj Misra, said. Justice Chandrachud said he would meet the judicial officers, including the women judges, during the lunch hour. Some lawyers, including senior advocate Dushyant Dave, asked the CJI to take steps to raise the number of women judges in the apex court. "The appointments made today are a reflection of the bar 15 years ago," the CJI said. Recently, former Supreme Court Bar Association (SCBA) presid

SC appoints sign-language interpreter to help hearing-impaired persons

Chief Justice of India (CJI) D Y Chandrachud on Friday announced the appointment of a sign-language interpreter by the Supreme Court to help hearing-impaired lawyers and litigants to comprehend judicial proceedings. "Today, we have an interpreter whom the Supreme Court has appointed," the CJI said at the outset of the proceedings. "This is a historic moment," a lawyer said. The CJI said he wanted to have a sign-language interpreter for the Constitution bench hearings. On September 22, a bench headed by the CJI heard hearing-impaired lawyer Sarah Sunny through sign-language interpreter Saurav Roy Chowdhury in a case related to the rights of persons with disability (PwD). Lawyers and bar bodies had lauded the fact that the Supreme Court allowed a hearing-impaired lawyer to argue a case through a sign-language interpreter. CJI Chandrachud, who is sensitive towards providing accessibility to justice delivery systems to the differently-abled, also constituted a Supreme Court committee

16 media bodies write to CJI on 'repressive use' of investigating agencies

The associations said that as journalists and news professionals, we are always ready and willing to cooperate with any bona fide investigation

Legal profession will thrive depending on how we maintain integrity: CJI

Our profession will continue to thrive or it will self-destruct based on whether we do or do not maintain our integrity, Chief Justice of India Dhananjay Chandrachud said here on Sunday. Integrity is the core of the legal profession, the CJI asserted. Integrity is not eroded by one thunderstorm, it gets eroded by small, little concessions and compromises made by lawyers and judges, the CJI said while speaking at the an event on the theme 'Enhancing collaboration between Advocates & Judges: Towards strengthening legal system'. "Our profession will continue to thrive or it will self-destruct based on whether we do or do not maintain our integrity. Integrity is eroded not by one thunderstorm, it erodes by small little concessions and compromises which are made by lawyers and judges," he said. "We all sleep with our conscience. You can fool the whole world but can't fool your conscience. It keeps on asking questions every night. Integrity is the core of the legal profession. With ...

Supreme Court joins National Judicial Data Grid: Here's how it works

National Judicial Data Grid is a national portal that holds real-time information and data on all cases, pending and disposed, by courts across the country

SC's real-time data now available on National Judicial Data Grid: CJI

The CJI said the step was taken to bring in transparency and accountability and the platform will aid in tracking of pendency of cases

Indian institutions made culture of resolving issues via dialogue: CJI

Chief Justice of India D Y Chanrachud on Saturday said Indian institutions have developed a culture of resolving problems through dialogue, tolerance and shared values, unlike many other nations where resolution takes place through arms and weapons. After inaugurating the new building of the Aizawl bench of Gauhati High Court here, the CJI said that the rule of law sustains the nation and judges, lawyers and litigants. "There are so many countries in the world where the resolution of problems takes place through arms and weapons. But the importance of our institution is that we have replaced a culture of violence with a culture of dialogue, a culture of tolerance, a culture of understanding and the realisation that we share the shared values for bringing about human happiness," he said. The CJI said that the important message that the court of justice sends across society is that "We stand for the rule of law, we stand for the peaceful resolution of disputes." CJI Chandrachud said

By enacting Article 35(A), you virtually took away fundamental rights: CJI

Chief Justice of India D Y Chandrachud on Monday observed that by enacting Article 35A, fundamental rights of equality, liberty to practice profession in any part of the country and others were virtually taken away. He made the remarks after Solicitor General Tushar Mehta, appearing for the Centre, referred to the contentious provision in the Indian Constitution, saying it gave special rights to only permanent residents of the erstwhile state and was discriminatory. Without naming the two mainstream political parties of the erstwhile state, the Centre told a five-judge bench headed by CJI Chandrachud that citizens have been misguided that the special provisions for Jammu and Kashmir were "not discrimination but a privilege". "Even today two political parties are before this court defending Article 370 and 35A," the solicitor general told the top court on the 11th day of hearing the litany of pleas challenging the abrogation of the constitutional provision which bestowed special stat

CJI Chandrachud declares Sep 8 as holiday in SC in view of G20 Summit

The Supreme Court will remain closed on September 8 with Chief Justice of India D Y Chandrachud on Friday declaring it as a holiday in view of the G20 Summit in the national capital, a notification issued by the apex court said. The G20 Summit will be held in Delhi on September 9 and 10. A notification issued on the apex court website said the CJI has declared September 8 as a holiday for the top court considering the office memorandum of August 24 issued by the Ministry of Personnel, Public Grievances & Pensions. According to an order issued by the Personnel Ministry on Thursday, all central government offices in the national capital will be closed from September 8 to 10 in view of the G20 summit. "Invoking the provision of sub-rule (3) of Rule 4 of Order II of the Supreme Court Rules, 2013, the Chief Justice of India has declared September 8, 2023 as holiday for the Supreme Court of India and its registry and September 9, 2023 as holiday for the registry of the Supreme Court ...

Govt moves Bill dropping CJI from EC selection process; Opposition protests

Proposes Cabinet minister in the panel

Centre moves bill to drop CJI from poll officers' selection process

The Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill, 2023, has been listed for introduction in the Rajya Sabha

Bill proposes cabinet minister, not CJI in selection panel to appoint CEC

Future chief election commissioners and election commissioners will be selected by a three-member panel headed by the prime minister and comprising the leader of the opposition in the Lok Sabha and a Cabinet minister, according to a bill listed for introduction in the Rajya Sabha on Thursday. This is in contrast to a Supreme Court judgment of March which said the panel should comprise of the prime minister, the leader of opposition in Lok Sabha and the Chief Justice of India. Opposition leaders, including from the Congress, immediately seized the opportunity and accused the government of diluting a Constitution bench order. A vacancy will arise in the Election Commission (EC) early next year when Election Commissioner Anup Chandra Pandey demits office on February 14 on attaining the age of 65 years. His retirement will come just days before the likely announcement of the 2024 Lok Sabha polls' schedule by the EC. On the past two occasions, the commission had announced parliamentary

Plea on free sanitary pads for class 6-12 girls to be heard by SC on Monday

The Supreme Court is scheduled to hear on Monday a plea seeking directions to states and the Centre to provide free sanitary pads to class 6-12 girls and ensure separate female toilet facility in all government-aided and residential schools. The plea by social worker Jaya Thakur is scheduled to be heard by a bench of Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra. The top court had earlier asked the Centre to prepare a Standard Operating Procedure and a national model to be adopted by all states and Union Territories for managing menstrual hygiene for girls studying in schools. On April 10, the top court had said the issue was of "immense importance" and that the Centre should engage with all the stakeholders for implementation of a uniform national policy on management of menstrual hygiene in schools, including government and aided schools. It had appointed the secretary of the Ministry of Health and Family Welfare (MOHFW) as the nodal officer to coordinat