Page 7 - Indian Judiciary

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District judiciary our backbone, calling it subordinate must stop, says CJI

Chief Justice of India (CJI) D Y Chandrachud on Saturday said district judiciary is the "backbone of the judiciary" and thus a crucial component of the rule of law and calling it subordinate must be stopped. Referring to the increasing number of women joining the district judiciary in the past few years, he highlighted that judges, despite being professionals, are affected by their own "brush with reality" and their mental health may suffer as a consequence. Speaking at the 'National Conference of the District Judiciary', which was inaugurated by Prime Minister Narendra Modi here, Justice Chandrachud said district judiciary is the first point of contact for a citizen in search of justice. "The district judiciary is a crucial component of the rule of law," he said, adding, "Data on the NJDG (National Judicial Data Grid) reveals a basic truth - the district judiciary is not just the first but is also the final point of contact for citizens". The CJI said the reasons may be numerous -

SCBA head Kapil Sibal highlights abysmal work conditions in district courts

Rajya Sabha MP and senior advocate Kapil Sibal Saturday highlighted the abysmal conditions in which district court judges work and said unless their salary and infrastructure are improved, the quantity and quality of justice delivery system will continue to suffer. Sibal, also the President of Supreme Court Bar Association, said the fact that trial court and district and session courts are loath to grant bail in certain significant matters itself is "symptomatic of the malaise" that has set in. Speaking at the 'National Conference of the District Judiciary' here, which was inaugurated by Prime Minister Narendra Modi, Sibal said liberty is the foundational substratum of a thriving democracy and any attempt to throttle it impacts the quality of democracy. He referred to the Chief Justice of India DY Chandrachud often saying that court at the highest level is burdened with bail matters because bail seems to be an exception at the level of trial courts. He spoke about some recent court

Kapil Sibal expresses concern over extremely low judge population ratio

Sibal was addressing the inaugural event of the 2-day National Conference of District Judiciary

District judiciary crucial component of rule of law: CJI Chandrachud

Chief Justice of India (CJI) D Y Chandrachud on Saturday termed the district judiciary the "backbone of the judiciary" and said it is a crucial component of the rule of law. Speaking at the 'National Conference of the District Judiciary', which was inaugurated by Prime Minister Narendra Modi here, the CJI said it was necessary to stop calling district judiciary subordinate. "The district judiciary is the first point of contact for a citizen in search of justice. The district judiciary is a crucial component of the rule of law," Justice Chandrachud said. He said the quality of work and the conditions in which the judiciary provides justice to citizens determine whether they have confidence in the judicial system. "The district judiciary is therefore called upon to shoulder tremendous responsibility and is aptly described as the 'backbone of the judiciary'. The spine is the core of the nervous system," the CJI said. "To sustain the spine of the legal system, we must stop calling the

Sibal urges CJI Chandrachud to appoint more women in higher judiciary

Highlighting the dearth of women judges, Supreme Court Bar Association president and senior advocate Kapil Sibal on Friday urged Chief Justice of India D Y Chandrachud to appoint more women lawyers and judges in higher judiciary. Paying tributes to Justice Hima Kohli, the ninth in seniority among the apex court judges, who is due to retire on September 1, Sibal said she carved her career and chartered her own course in life. With the retirement of Justice Kohli, the number of apex court judges will come down to 33 against the sanctioned strength of 34. Now, the top court will be left with only two women judges -- Justice B V Nagarathna and Justice Bela M Trivedi. "I request the Chief Justice of India to look at law firms and women who are aware of the complexities of the business community. If Indians, Indian women, can become CEOs of Pepsi and run banks in India and lead commercial organisations in India, why should not women lawyers working in law firms dealing with complex legal

Telangana CM apologises to Supreme Court for comment over Kavitha's bail

Telangana Chief Minister Revanth Reddy tendered an apology to the Supreme Court on Friday after the apex court expressed strong displeasure over the Telangana Chief Minister's statement that he gave on the top court granting bail to BRS leader K Kavitha.In a post on X, CM Reddy said, "I have the highest regard and full faith in the Indian Judiciary. I understand that certain press reports dated 29th August, 2024 containing comments attributed to me have given the impression that I am questioning the judicial wisdom of the Hon'ble Court."He further stated that he was a firm believer in the Constitution and its ethos and hold the Judiciary in high esteem."I reiterate that I am a firm believer of the judicial process. I unconditionally express my regret for the statements reflected in the press reports. The remarks attributed to me in such reports have been taken out of context. I have unconditional respect & highest regard for the Judiciary & its independence. As a firm ...

Legal system reform: Kerala HC's '24x7 ON Court' an important early step

We may hope for deeper process transformation over many years through the journey of political economy, consultation, and scientific research

Porsche case accused played with judiciary, tampered evidence: Prosecution

The case pertains to the May 19 incident in which a Porsche car, allegedly driven by a minor in an inebriated condition, hit two IT professionals, killing them in the Kalyani Nagar area of Pune

Retiring judges must take time before joining politics: CJI DY Chandrachud

In an interview with a Hindi daily, Chief Justice of India DY Chandrachud also addressed the criticism of long court holidays and poor infrastructure of district courts in the country

Best of BS Opinion: Judicial delays: An economic burden, Hasina's hubris

Here is the best of Business Standard's opinion pieces for today

Judicial delays: An economic burden

Inefficiencies in the judicial process are stifling growth and investment in India

Courts have bolstered country's reputation for arbitration: Justice Kohli

The courts in the country have bolstered India's reputation as a favourable destination for arbitration by upholding the sanctity of arbitral awards, Supreme Court judge Justice Hima Kohli has said. She was speaking at a seminar -- 'Recent Developments in Arbitration to Promote Business' -- organised by law firms Gibson Dunn Secretariat and UNUM Law, along with the International Arbitration and Mediation Centre (IAMC) and General Counsels' Association of India on Friday. Justice Kohli said the growth of international trade made dispute resolution more complex and to address the challenges, Alternative Dispute Resolution (ADR), especially arbitration, had emerged as a powerful tool for businesses. "In recent years, India has made significant strides in establishing itself as a reliable partner in arbitration and mediation services. India's transformation into a commercial arbitration hub has been driven by the judiciary's unstinting commitment to fast-tracking matters under the ...

Why is the number of pending cases rising in Indian courts? Details here

As Supreme Court case backlog jumps 35 per cent in five years, Law Minister Arjun Ram Meghwal cited lack of infrastructure and coordination as key reasons for the mounting delays

Shortage of 18 judges in ten courts across Goa: Minister tells Assembly

Goa Law Minister Aleixo Sequeira has told the legislative assembly that there is a shortage of 18 judges in 10 different courts, including district courts, across the state. In a written reply tabled in the House on Friday, the minister shared the details about the vacancies in the courts. As per the data, there is a shortage of as many as four judges in the civil and criminal courts in South Goa's Margao, while there is a shortage of three judges at the district and sessions court in this town. There is a shortage of two judges each at the district and sessions court in North Goa's Panaji, civil and criminal court there and civil and criminal court in Mapusa. It shows that there is a shortage of one judge each in the civil and criminal courts in Ponda (South Goa), Bicholim (North Goa), Gram Nyayalaya, Sattari at Valpoi (North Goa), Vasco (South Goa) and Gram Nyayalaya, Sanguem (South Goa). The strength of additional judges has been calculated for the state based on the 'Unit ...

'No work-no pay' not for employees reinstated after full exoneration: HC

The Allahabad High Court has held that the 'no work-no pay' formula is not applicable on those Uttar Pradesh government employees who have been reinstated after full exoneration. Allowing a writ petition filed by one Dinesh Prasad, Justice Salil Kumar Rai held that the rule 54 of the Financial Hand Book Volume-II (Part II to IV) provides that a dismissed employee who has been fully exonerated from all charges in enquiry is entitled to full pay for the period of dismissal once he is reinstated. It further provides that such period of dismissal shall be treated as period on duty in service. "It is apparent that on his reinstatement after the order of dismissal or removal is set aside, a government servant cannot be denied his entire pay and allowances for the period he was out of service," the court said on Tuesday, allowing the petition. The court held that the quantum of amount which is payable to such employee will depend upon the nature of exoneration from the charges. It was he

SC to regain full strength as Centre notifies appointments of two judges

The Supreme Court will function with its sanctioned strength of 34, including the Chief Justice of India, after the swearing-in of Justice N Kotiswar Singh and Justice R Mahadevan

Pocso Act misused in cases involving romantic relations between teens: HC

Granting bail to a man who allegedly eloped with and married a minor girl, the Allahabad High Court has expressed concern over the POCSO Act being "misused" in cases involving consensual romantic relationships between teenagers. Justice Krishan Pahal said the challenge lies in distinguishing between genuine cases of exploitation and those involving consensual relationships. "While the POCSO Act's primary objective is to protect children under the age of majority (18) from sexual exploitation, there are cases where it has been misused, particularly in consensual romantic relationships between teenage persons " the court said in its order dated July 3. "The challenge lies in distinguishing between genuine cases of exploitation and those involving consensual relationships. This requires a nuanced approach and careful judicial consideration to ensure justice is served appropriately," it said. Granting bail to the accused, Satish alias Chand, Justice Pahal said, "Admittedly, the age of

Judiciary must be absolutely pure, free of political bias, says CM Mamata

West Bengal Chief Minister Mamata Banerjee on Saturday called for a judiciary free of any political bias, maintaining that it should be absolutely pure and honest. Banerjee also said the judiciary is the big pillar of India's foundation to save democracy, the Constitution and people's interests. "Please see to it that (there is) no political bias in the judiciary. The judiciary must be absolutely pure, honest and sacred. Let people worship it," the CM said at the inauguration of the East Zone II regional conference of the National Judicial Academy here. Chief Justice of India D Y Chandrachud and Chief Justice of Calcutta High Court T S Sivagnanam were among those present at the programme. The judiciary is an important temple for people and the supreme authority for delivering justice, Banerjee said. It is like a mandir, masjid, gurudwara and girja (church). The judiciary is of the people, by the people and for the people... and the last frontier for getting justice and upholding .

'Constitutional Morality' essential to India's diversity: CJI Chandrachud

Espousing the importance of implementing Constitutional Morality' in Indian jurisprudence, Chief Justice of India D Y Chandrachud on Saturday insisted on the commitment of courts to ensure diversity, inclusion and tolerance. Speaking at the inaugural session of the two-day East Zone II Regional Conference of the National Judicial Academy, the CJI also focused on the importance of technological advancements in the justice delivery system. CJI Chandrachud elaborated on the notion of Constitutional Morality' as a restraining factor on the state that should derive from the Preambluar values of the Constitution. Underlining the country's federal structure that's marked by a great deal of diversity, the CJI focused on the role of judges in preserving the diversity of India. I am reticent when people call courts a temple of justice. Because that would mean the judges are deities which they are not. They are instead servers of the people, who deliver justice with compassion and empathy, CJ