Page 3 - Indian Judiciary

Centre to collect signatures of MPs for motion to remove Justice Varma

Prominent opposition parties have given their in-principle approval to support the motion to remove Allahabad High Court judge Yashwant Varma and the process of collecting signatures could begin soon, Union minister Kiren Rijiju said on Thursday. He said the government is yet to decide whether the motion would be brought in the Lok Sabha or Rajya Sabha. For Lok Sabha, signatures of a minimum 100 MPs is required. For the Rajya Sabha, the requirement is the support of at least 50 MPs. He said the signatures will be collected after the government decides on the House where the motion will be brought. The Monsoon session will commence from July 21 and end on August 21. According to the Judges (Inquiry) Act of 1968, once a motion to remove a judge is admitted in any of the houses, the speaker or the chairman, as the case may be, will constitute a three-member committee to investigate the grounds on which the removal (or, in popular term, impeachment) has been sought. The committee con

Constitution defines roles of legislature, executive, judiciary: CJI Gavai

Addressing the issue of "judicial activism," the CJI asserted that it is necessary for "upholding" the constitution and rights of the citizens

CJI Gavai backs supremacy of Constitution over three wings of democracy

Chief Justice B R Gavai said the legislature, executive, and judiciary all work under the Constitution-not above it-as debate brews over Parliament's powers and the judiciary's role in lawmaking

Justice Varma failed to account for cash found at residence: SC panel

The in-house committee said Justice Varma failed to explain the origin of recovered cash, rejected conspiracy claims, and accepted transfer without protest

Cash discovery row: Govt wants to control judges' appointments, says Sibal

Rajya Sabha MP Kapil Sibal on Tuesday alleged that the real motive of the government in moving towards bringing an impeachment motion against Justice Yashwant Varma for alleged corruption is to take control of appointment of judges by doing away with the Collegium system and bringing in the National Judicial Appointments Commission (NJAC). Sibal, who is also a senior advocate, also accused the government of having a selective approach in handling the cases of Justice Varma and Justice Shekhar Yadav, against whom Opposition MPs have submitted a notice in the Rajya Sabha for moving an impeachment motion for making allegedly "communal" remarks last year. Law Minister Kiren Rijiju has underlined the government's resolve to take all political parties on board in moving the impeachment motion against Justice Varma. A fire incident at Varma's residence in the national capital in March, when he was a judge at the Delhi High Court, had led to the discovery of several burnt sacks of cash at th

Judicial activism must not become 'judicial terrorism', says CJI Gavai

Chief Justice of India BR Gavai emphasised that judicial review should be used sparingly, reserved only for the most exceptional cases

Technology must aid, not replace, human mind in judicial decision: CJI

Technology must complement, not replace, the human mind in judicial decision-making, Chief Justice of India B R Gavai has said while emphasising that the value of discretion, empathy and judicial interpretation is irreplaceable. In his keynote address on "Role of Technology in the Indian Legal System" at the School of Oriental and African Studies (SOAS) of the University of London, the CJI said while the judiciary welcomes innovations like automated cause lists, digital kiosks and virtual assistants, it must ensure that human oversight, ethical guidelines and robust training are integral to their implementation. "The value of discretion, empathy and judicial interpretation is irreplaceable," Justice Gavai said and pointed out that the Indian judiciary is well-positioned to develop homegrown ethical frameworks tailored to the country's constitutional and societal realities. "We possess the technological expertise, the judicial foresight and the democratic mandate to build systems tha

SC cancels bail of former Karnataka minister in BJP worker murder case

Citing attempts to influence witnesses, the Supreme Court has cancelled bail of ex-Karnataka minister Vinay Kulkarni in BJP worker Yogesh Gowda's 2016 murder case

Justice Varma case: Can't lodge FIR due to judicial order, says Dhankhar

Vice-President Jagdeep Dhankhar on Friday said the government of the day is handicapped, as it can't register an FIR because there is a judicial order. Dhankhar's made the remarks in connection with the Justice Yashwant Varma episode. A fire broke out at Varma's residence in the national capital in March when he was a judge in the Delhi High Court, leading to the discovery of several burnt sacks of cash from the outhouse. Dhankhar was interacting with a delegation of the Punjab and Haryana High Court Bar Association here. The four members of the Bar association led by its president Sartej Singh Narula called on the vice-president at the Punjab Raj Bhavan, where Dhankhar arrived on Thursday evening before travelling to Shimla on Friday. Narula later said the matter pertaining to Justice Varma came up during general discussions. According to an official statement issued on Friday evening, the vice-president said, "The government of the day is handicapped. It can't register an FIR .

BCI missteps on new rules for opening the market to foreign lawyers

BCI's new rules take immediate effect, with no prior notice, consultation, or transition-raising urgent concerns amid India-US trade talks

At least 3 years' practice must to apply for judicial service exams: SC

SC says fresh law graduates can no longer apply directly for civil judge posts; 3-year practice rule restored for future judicial service recruitments from May 20

SC to urgently hear plea for FIR against Justice Yashwant Varma in cash row

The Supreme Court on Monday agreed to list for urgent hearing a plea seeking registration of an FIR against Allahabad High Court's Justice Yashwant Varma in connection with the cash discovery row. A bench comprising Chief Justice B R Gavai and Justice Augustine George Masih took note of the submission of lawyer and petitioner Mathews Nedumpara, and said that if defects are cured then it can be listed for hearing Tuesday. It can be listed tomorrow if defects (in the petition) are cured, the CJI said. Nedumpara said he would remove defects, if any, from the petition and urged the bench that it be listed on Wednesday as he is unavailable on Tuesday. The bench agreed to list it on Wednesday provided defects are cured. After an in-house inquiry panel indicted the judge, the then CJI Sanjiv Khanna had nudged Justice Varma to resign. The then CJI wrote to President Droupadi Murmu and Prime Minister Narendra Modi after Justice Varma refused to resign. The petition, filed by Nedumpara and

Judges and civil servants: A post-retirement job remains a grey area

For government posts, there is no cooling-off period. Yet, the Union government under different political regimes has either waived or altered the rules to suit the occasion

Courting reform: Newly appointed CJI B R Gavai must address case pendency

Justice Gavai has been part of several seminal apex court judgments - among them, upholding the revocation of Jammu & Kashmir's special status, the one on demonetisation

If women fly Rafale in IAF, why fewer in Army legal wing: SC asks Centre

If a woman can fly Rafale fighter jet in the Indian Air Force, then why are fewer women officers in gender neutral posts of Judge Advocate General (legal) branch of the Army, the Supreme Court wondered recently and questioned the Centre's rationale on a 50-50 selection criterion. A bench of Justices Dipankar Datta and Manmohan on May 8 reserved its verdict on the plea of two officers Arshnoor Kaur and Astha Tyagi, who despite securing 4th and 5th ranks respectively -- higher in merit than their male counterparts -- weren't selected for the JAG department due to fewer vacancies earmarked for women. The officers challenged the disproportionate vacancies for men and women and said they could not be selected as there were only three vacancies for women out of the total six posts. "Prima facie, we are satisfied with the case set up by the petitioner 1 Arshnoor Kaur," the bench noted while reserving its verdict. The top court went on, "Accordingly, we direct the respondents to initiate .

Plea in SC seeks FIR against Justice Varma after in-house inquiry findings

A petition has been filed in the Supreme Court seeking registration of an FIR against Allahabad High Court judge Justice Yashwant Varma in connection with the cash-discovery row. After an in-house inquiry panel indicted the judge, Chief Justice of India Sanjiv Khanna nudged Justice Varma to resign and later wrote to President Droupadi Murmu and Prime Minister Narendra Modi when he refused. The petition, filed by advocate Mathews Nedumpara and three others, called for immediate initiation of criminal proceedings, saying the in-house committee found the allegations against Justice Varma to be prima facie true. The plea emphasised that while the internal inquiry might lead to judicial disciplinary action, it was no substitute for a criminal investigation under the applicable statutes. In March, the same petitioners had approached the apex court, challenging the in-house inquiry and demanding a formal police investigation. However, the top court had then dismissed the plea as prematur

'Overwhelmed, Justice Gavai will uphold SC values': CJI Sanjiv Khanna

Overwhelmed by the rich accolades on his last day at the Supreme Court, Chief Justice of India Sanjiv Khanna on Tuesday said he was certain his successor CJI-designate Justice B R Gavai would uphold values of the Supreme Court, fundamental rights and the basic constitutional doctrines. The ceremonial bench comprised the outgoing CJI, Justice Gavai, and Justice Sanjay Kumar, showcasing a rare moment of reflection, celebration, and reverence, not just for Justice Khanna's contributions, but the legacy of his uncle, former Supreme Court judge Justice H R Khanna, he took forward. The CJI called Justice Gavai his "biggest support" while expressing confidence in the latter's leadership and commitment to constitutional values. "What to say about justice and CJI designate B R Gavai, we got elevated the same year. Here we are in the collegium, and thereafter, we have interacted on several occasions. And I must say, he has been my biggest support. And I am sure that you have in Justice Gavai

Supreme Court seeks Centre's reply on special courts for swift trials

Saying it was imperative on the Centre and states to establish courts for the speedy trial of cases under special laws, the Supreme Court has sought their stand in two weeks. A bench of Justices Surya Kant and N Kotiswar Singh was acting on the bail plea of a Naxal sympathiser from Gadchiroli in Maharashtra. He was booked after 15 policemen of a quick response team were killed in a blast in the state. "Additional solicitor general of India has referred to the affidavit filed by respondent 2 - National Investigation Agency. We are, however, of the view that when trials are to take place under special laws, it is imperative on the Union or States to establish specialised courts with adequate infrastructure for ensuring speedy trial, for achieving the legislative object of the statute," the bench said in its order of May 9. ASG Rajkumar Bhaskar Thakre was, therefore, granted two weeks to obtain instructions on the matter as the bench posted the hearing on May 23. The top court asked t

SC puts assets, appointment process of judges in public for transparency

In a bid to enhance transparency, the Supreme Court on Monday said it has uploaded statements of assets of judges on its website, in accordance with a full-court decision to place the relevant details in the public domain. "The full court of the Supreme Court of India has on April 1, 2025 decided that the statements of assets of the judges of this court shall be placed in the public domain by uploading the same on the website of this court. Statements of assets of judges already received are being uploaded. Statements of assets of other judges will be uploaded as and when the current statement of assets is received," a release issued by the court said. The top court has also placed the complete process of appointments to the high courts and the Supreme Court, including the role assigned to the High Court Collegium, the role of and inputs received from the state governments, Union of India and consideration by the Supreme Court Collegium, on its website for the knowledge and awareness

Mediation more holistic than court trials in resolving disputes: CJI

Observing that mediation is not a "lesser form of justice" but it's "wiser form", Chief Justice of India Sanjiv Khanna on Saturday said mediation offers a more holistic solution to disputes as compared to courtroom adjudication. Speaking at the National Conference on Exploring the Efficacy and Reach of Mediation, Khanna said that in courtroom adjudication, one party emerges the winner and the other the loser leading to relations becoming strained. The CJI said mediation, on the other hand, can heal relations and the solutions offered by it are less traumatic and more humane. "Court litigation and adjudication are, in a way, grim and shallow. At times, the root cause remains unaddressed and the ailment and bane remain. The relationships are strained, if not broken. There is a winner, there is a loser," he said. "Mediation does the opposite. It seeks to identify and remedy the root cause. It goes deeper into the issue, the cause of the misunderstanding. It addresses the primordial an