Page 14 - Indian Judiciary

Delhi HC recuses from hearing review plea challenging CJI's appointment

The bench was dealing with Sanjeev Kumar Tiwari's plea, which has now been referred before another bench

Dhankhar vs SC: Congress cites Naidu's remark that Constitution is supreme

Dhankhar's virtual censure of the judiciary had come following the apex court's remarks on the issue of the collegium system

Delays, even with no jurisdiction

Judicial overreach and appropriation of power are slowing the insolvency process

Judiciary expected to follow principle of separation of powers: Om Birla

Lok Sabha Speaker Om Birla on Wednesday said judiciary is expected to follow the principle of separation of powers as defined in the Constitution

SC recommends Malegaon blast accused's advocate as Bombay HC judge

The Bombay High Court at present has a strength of 65 judges against a sanctioned strength of 94

More SC, ST, OBC judges in district, subordinate courts than higher courts

Lower judiciary not well-represented in proportion to the population in some states like Odisha and West Bengal

Calcutta HC Bar Association divided over attending Justice Mantha's bench

Legal brains from the Calcutta High Court feel that if the stalemate on this count continues then the fate of a number of 400 cases pending at the bench of Justice Mantha will become uncertain

Rule of law fundamental to advancement of democracy: SC judge Maheshwari

The rule of law plays a fundamental role in advancing democracy and curbing abuse of power by any branch of government, Justice Dinesh Maheshwari of the Supreme Court said here on Saturday. He was speaking on "Democracy and Judicial Legal System at an event here. Both (democracy and legal system) are extremely significant and complementary to each other. The respect for the rule of law and a well-developed justice system are the underpinnings of a democratic society and of course a modern economy also," he said. Democracy is not only a form of government but a system and process which organizes societal lives of individuals, he added. If considered not solely as the instrument of government, but as a rule to which the entire society , including the government is bound, (then) the rule of law is fundamental in advancing democracy, Justice Maheshwari said. The rule of law resolves conflicts, fosters social interest, advances predictability, equitable treatment and respect for basic

Judges should be committed to nation, not the govt: Law Minister Rijiju

The Law Minister also emphasised that people will not vote on the work of judges but their work is open for scrutiny in public opinion

Modi govt giving full support to judiciary to resolve pending cases: Rijiju

Union Law Minister Kiren Rijiju on Monday said the Centre is giving full support to the judiciary in resolving the cases pending before courts. The minister pointed out that more than five crore cases are pending before various courts across the country. Rijiju was addressing the three-day 16th national conference of the "Bharatiya Adhivakta Parishad" at the Kurukshetra University campus here in Haryana. He said the government took steps to "equip" the courts well even during the COVID-19 pandemic so that the courts could function during the period. Rijiju said several politicians and mediapersons continue to spread that there is some sort of tension between the Centre and the judiciary and many a times, newspapers claim that the government is trying to "capture the authority of the judiciary". He said since Narendra Modi took over as the prime minister, the Constitution is considered a "pious book" when it comes to running the country. "The people of the country have to judge wh

Judiciary vs Executive: Can a referee become a player?

It may be inadvertent, but the VP seemed to have joined the ongoing face-off between the judiciary and the government

Court orders and govt decisions: A look back at criminal justice in 2022

Sedition, bail law, and criminal law reforms--we look at some of the major announcements for criminal justice in India

Raising judges' retirement age can benefit non-performers: Justice dept

Increasing the retirement age of Supreme Court and High Court judges could extend the years of service of non-performing judges and might have a cascading effect with government employees raising similar demands, the Department of Justice told a parliamentary panel. It also said increasing the retirement age of judges would be considered along with measures to ensure transparency and accountability in appointments to the higher judiciary. In July, Law Minister Kiren Rijiju had informed Parliament that there is no proposal to increase the retirement age of Supreme Court and High Court judges. The Department of Justice made a presentation before the parliamentary panel on Personnel, Law, and Justice that is chaired by BJP MP and former Bihar deputy chief minister Sushil Modi. The department in the Ministry of Law and Justice made the presentation that comprised details of judicial processes and reforms, including on the possibility of increasing the retirement age of High Court and .

No special remission for those convicted in heinous crimes: Centre

Any person convicted with life imprisonment and those for heinous crimes, including offences against women and children, are not eligible for special remission announced as part of the 'Azadi ka Amrit Mahotsav' celebrations, Rajya Sabha was informed on Wednesday. Union Minister of State for Home Ajay Kumar Mishra said as part of the 'Azadi ka Amrit Mahotsav', the government had approved a scheme to grant special remission to specific categories of prisoners and release them in three phases on August 15, January 26, 2023 and on August 15, 2023. "In terms of the guidelines provided on the subject, persons convicted with sentence of life imprisonment and those convicted of heinous offences, including offences against women and children, are not eligible for special remission under this scheme," he said in a written reply to a question.

TMS Ep328: GST Council meeting, vacation trends, IT performance, GM crops

What changed at last week's GST Council meeting? Are Indians more holiday-prone? Does Accenture's Q1 result spell more pain for IT firms? What are GM crops? All answers here

Are Indians more holiday-prone?

The law minister of India recently said that the vacation period of Indian courts is an inconvenience to the people. The remark has opened up a debate if Indians, in general, take plenty of leaves

Can't monitor citizens to see if they are urinating in public: Delhi HC

It is not the duty of a constitutional court to regulate and monitor the movement of every citizen to see whether one indulges in public urination, spitting and littering, the Delhi High Court said on Monday while dismissing a plea seeking to prohibit the practice of putting up images of deities on walls to prevent people from urinating in public places. The high court, which said the concern raised by the petitioner would be better addressed by civic bodies, held the petition was nothing but sheer abuse of the process of law and a fit case to be crushed at the threshold itself. The present case is not a fit case for this court to exercise its extraordinary jurisdiction under Article 226 and the prayers sought for by the petitioner cannot be granted by this court. It is certainly not the duty of a constitutional court to regulate and monitor the movement of each citizen to see whether one indulges in public urination, spitting and littering. The concern raised by the petitioner woul

Subordinate judiciary in MP to be called district judiciary: HC circular

Subordinate judiciary in Madhya Pradesh will now be referred to as the district judiciary and lower courts as trial courts, as per a High Court circular. This was resolved at a full court meeting of the Madhya Pradesh High Court in which Chief Justice Ravi Malimath and other judges took part on Friday, it said. "All courts other than the High Court shall hereinafter be referred to as the district judiciary and not as subordinate judiciary and that all courts other than the High Court shall be referred to as the trial courts and not as subordinate courts," it reads. The circular is issued by the order of the MP chief justice and signed by its Registrar General Ramkumar Choubey. "The resolution junking the use of subordinate judiciary and subordinate courts is aimed to drive home the point that every court is independent within its jurisdiction," a top registry officer of the HC told PTI. He said when MP high court chief justice Malimath was acting chief justice of Himachal Pradesh

Trust us to be guardians of liberties of our citizens: CJI Chandrachud

Chief Justice of India D Y Chandrachud on Saturday said the confidence of citizens in the due process of law and the protection of liberty rests in the judiciary which is "guardians of liberties". Delivering a lecture here, the CJI emphasized through the lives of the members of the bar, who fearlessly espouse those causes, the flame of liberty burns bright even today. Delivering the Ashok H Desai memorial lecture at the Y B Chavan Center here, he referred to a theft case where a man would have spent 18 years in jail had the SC not intervened to say "trust us to be guardians of the liberties of our citizens". The event was organised by the Bombay Bar Association. Yesterday in a seemingly innocuous case, where an accused was sentenced to two years of imprisonment in sessions trial for theft of electricity, the trial judge forgot to say that the sentences will run concurrently. "So then the consequence was that this person who had stolen electricity equipment like poles would have to

Courts must work for a min 300 days a year to curb pending cases: Cong MP

Senior advocate and Congress Rajya Sabha member from Madhya Pradesh Vivek Tankha on Friday said courts should remain functional for at least 300 days a year to reduce the pendency of cases. Judges can go on leave but not courts, and only then can five crore pending cases be disposed of, he said. "Judges can go on leave but not courts. They should remain functional for at least 300 days in a year and then only the five crore cases pending in the courts will be disposed of. It should not happen that the entire court goes on vacation," he told reporters. "This was the practice during the British period when the judges went back home, so they declared a two-month holiday for courts like schools. If the court remains open then pending cases will be disposed of in a speedy manner. Currently, courts remain open for 200 days (per year). If a reform takes place then they will remain functional for at least 300 days," he added. Asked about the controversy over the Shah Rukh Khan-starrer film