Tag: judges

No appointment of SC judges could be made during my tenure due to lack of consensus in Collegium: Ex CJI Bobde

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New Delhi: Former Chief Justice of India S A Bobde Saturday said no judges could be appointed in the Supreme Court during his 18-month tenure as the head of the judiciary since the collegium could not arrive at a consensus.
Bobde said there have been times when no elevation of judges could take place for two or more years and it can happen in a human institution.
Responding to a question that in his 18-month tenure as the CJI not a single appointment of judge took place, Justice Bobde said, “Yes, so? There have been periods when you haven’t had elevation for two years. You haven’t had elevation for longer. What is so extraordinary about this? We couldn’t arrive at a consensus. It can happen in the human institution.”
Justice Bobde was sworn in as the 47th CJI on November 18, 2019 and retired on April 23, 2021.
The former judge, who was speaking at India Today Conclave, said, “No, it is not because of the collegium system, it is because as a collegium we were unable to arrive at the consensus. It is not because of the system, it is because we failed as a collegium to arrive at the consensus about the names.”
He elaborated that a lack of consensus was because of a particular name (in the list) or, in some cases, the reason was the order in which the elevation should happen.
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( With inputs from www.siasat.com )

March 18, 2023
No appointment of SC judges could be made due to lack of consensus: Ex CJI

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New Delhi: Former Chief Justice of India S A Bobde Saturday said no judges could be appointed in the Supreme Court during his 18-month tenure as the head of the judiciary since the collegium could not arrive at a consensus.
Bobde said there have been times when no elevation of judges could take place for two or more years and it can happen in a human institution.
Responding to a question that in his 18-month tenure as the CJI not a single appointment of judge took place, Justice Bobde said, “Yes, so? There have been periods when you haven’t had elevation for two years. You haven’t had elevation for longer. What is so extraordinary about this? We couldn’t arrive at a consensus. It can happen in the human institution.”
Justice Bobde was sworn in as the 47th CJI on November 18, 2019 and retired on April 23, 2021.
The former judge, who was speaking at India Today Conclave, said, “No, it is not because of the collegium system, it is because as a collegium we were unable to arrive at the consensus. It is not because of the system, it is because we failed as a collegium to arrive at the consensus about the names.”
He elaborated that a lack of consensus was because of a particular name (in the list) or, in some cases, the reason was the order in which the elevation should happen.
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#appointment #judges #due #lack #consensusExCJI
( With inputs from www.siasat.com )

March 18, 2023
Four advocates elevated as additional judges of Madras, Allahabad high courts

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New Delhi: Four advocates were on Thursday appointed as additional judges in the high courts of Madras and Allahabad.
According to separate notifications issued by the Department of Justice in the Law Ministry, advocates Prashant Kumar, Manjive Shukla and Arun Kumar Singh Deshwal have been appointed additional judges of the Allahabad High Court in that order of seniority for a period of two years.
The Supreme Court Collegium recommended their names on January 17 along with six other advocates for appointment as additional judges. The other six were elevated recently.
In another notification, the ministry said advocate Venkatachari Lakshminarayanan is appointed as an additional judge of the Madras High Court for a period of two years.
The apex court Collegium recommended his name on January 17 along with Victoria Gowri and others, including advocates and judicial officers. She has since taken oath as an additional judge of the Madras High Court.
Additional judges are usually appointed for a period of two years before being elevated to permanent judges.
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( With inputs from www.siasat.com )

February 23, 2023
SC collegium recommends 19 additional judges of 3 HCs to be made permanent

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New Delhi: The Supreme Court collegium, headed by Chief Justice of India D.Y. Chandrachud, on Wednesday recommended appointment of five additional judges of the Madras High Court, four additional judges of the Bombay High Court, and 10 additional judges of the Allahabad High Court as permanent judges.
The collegium, in a statement, said: “The Collegium resolves to recommend that (1) Justice Sundaram Srimathy (2) Justice D. Bharatha Chakravarthy (3) Justice R. Vijayakumar (4) Justice Mohammed Shaffiq & (5) Justice J. Sathya Narayana Prasad, Additional Judges be appointed as Permanent Judges of the Madras High Court against the existing vacancies.”
“On 21 November 2022, the Collegium of the Madras High Court unanimously recommended the above-named five Additional Judges for appointment as Permanent Judges of that High Court. The Chief Minister and the Governor of Tamil Nadu have concurred with the recommendation.”
In another statement, it said: “The Collegium resolves to recommend that Justices (1) Rajesh Narayandas Laddha, (2) Sanjay Ganpatrao Mehare, (3) Govinda Ananda Sanap, and (4) Shivkumar Ganpatrao Dige, Additional Judges, be appointed as Permanent Judges of the High Court of Bombay against the existing vacancies.”
The collegium, also comprising Justices S.K. Kaul and K.M. Joseph, said it has scrutinised and evaluated the material placed on record including the observations made by the Department of Justice in the file.
“In order to ascertain the fitness and suitability of the above-named Additional Judges for being appointed as Permanent Judges, consultation was held in terms of the Memorandum of Procedure with Judges of the Supreme Court conversant with the affairs of the High Court of Bombay. The Committee constituted in terms of the Resolution dated 26 October 2017 of the Supreme Court Collegium to assess the judgments of the above-named Additional Judges, has submitted its report,” said the statement published on the apex court website.
In another statement, the collegium said: “The Collegium resolves to recommend that S/Shri Justices (1) Chandra Kumar Rai, (2) Krishan Pahal, (3) Sameer Jain, (4) Ashutosh Srivastava, (5) Subhash Vidyarthi, (6) Brij Raj Singh, (7) Shree Prakash Singh, (8) Vikas Budhwar, (9) Om Prakash Tripathi, and (10) Vikram D. Chauhan, Additional Judges, be appointed as Permanent Judges of the High Court of Judicature at Allahabad against the existing vacancies.”
In a separate statement, the collegium recommended that Justice Amit Sharma, Additional Judge, be appointed as a Permanent Judge of the High Court of Delhi against an existing vacancy.

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( With inputs from www.siasat.com )

February 16, 2023
No timeline prescribed in Memorandum of Procedure for transfer of HC judges: Govt in LS

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New Delhi: There is “no timeline” prescribed in the Memorandum of Procedure for transfer of high court judges, Law Minister Kiren Rijiju informed the Lok Sabha on Friday.
The Memorandum of Procedure guides the appointment, elevation and transfer of judges of the Supreme Court and 25 high courts.
In a written reply to a question in the Lok Sabha, he said that all transfers are to be made in “public interest” and for promoting better administration of justice throughout the country.
Rijiju’s statement came days after the Supreme Court expressed displeasure over the Centre’s delay in clearing recommendations for transfer of some high court judges, saying it was a very serious issue.
The minister said proposals for transfer of 10 high court judges are under various stages of processing.
“No timeline has been prescribed in the Memorandum of Procedure (MoP) for transfer of judges from one high court to another…. As on February 6, 2023, proposals for transfer of 10 high court judges from one high court to other high courts are under various stages of processing,” Rijiju said.
He said judges of high courts are transferred according to the procedure laid down in the MoP prepared in 1998.
According to the existing MoP, the proposal for transfer of high court judges is initiated by the Chief Justice of India in consultation with four senior-most judges of the Supreme Court, he pointed out.

The MoP further provides that the CJI is also expected to take into account the views of the chief justice of the high court from which the judge is to be transferred, as also the chief justice of the high court to which the transfer is to be effected, he said.
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( With inputs from www.siasat.com )

February 10, 2023
Centre notifies appointment of two new SC judges, will have full working strength now

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New Delhi: The Centre has notified the appointment of justices Rajesh Bindal and Aravind Kumar as judges of the Supreme Court.
With their appointments, the Supreme Court will have a full working strength of 34 judges. Justice Bindal is the Chief Justice of Allahabad High Court and Justice Kumar is the Chief Justice Gujarat High Court.
This morning, Law Minister Kiren Rijiju, in a tweet, said: “As per the provisions under the Constitution of India, Hon’ble President of India has appointed the following Chief Justices of High Courts as Judges of the Supreme Court. My best to them. 1.Rajesh Bindal, Chief Justice, Allahabad HC. 2.Aravind Kumar, Chief Justice, Gujarat HC”.
The collegium’s resolution published on the apex court website, on January 31, said: “After carefully evaluating the merit, integrity and competence of eligible Chief Justices and senior puisne Judges of the High Courts and also accommodating a plurality of considerations, the Collegium finds the following persons to be more deserving and suitable in all respects for being appointed as Judges of the Supreme Court of India: Justice Rajesh Bindal, Chief Justice, High Court of Judicature at Allahabad, (PHC: Punjab & Haryana), and Justice Aravind Kumar, Chief Justice, High Court of Gujarat, (PHC: Karnataka)”.
The collegium is headed by Chief Justice D.Y. Chandrachud and comprises justices Sanjay Kishan Kaul, K.M. Joseph, M.R. Shah, Ajay Rastogi, and Sanjiv Khanna.
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( With inputs from www.siasat.com )

February 10, 2023
11 advocates, 2 judicial officers elevated as additional judges of 3 HCs

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New Delhi: A total of 11 advocates and two judicial officers were on Monday appointed as additional judges in the high courts of Allahabad, Karnataka and Madras.
Law Minister Kiren Rijiju announced the fresh appointments on Twitter and extended his best wishes to them.
Those appointed include six for the Allahabad High Court, five for the Madras High Court and two for the Karnataka High Court.
Two of the additional judges appointed to the Madras HC are judicial officers.
The names of some of them were recommended by the Supreme Court Collegium last month.
One of those appointed to the Madras High Court is advocate Lekshmana Chandra Victoria Gowri whose reported affiliation to the BJP had triggered a controversy.
Some lawyers had recently asked the Collegium to recall its recommendation for Gowri alleging her affiliation. Some other lawyers had supported her elevation, citing hard work and her commitment to the profession.
Additional judges are usually appointed for a period of two years before being elevated as permanent judges.

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( With inputs from www.siasat.com )

February 6, 2023
Five newly appointed Supreme Court judges

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Five newly appointed Supreme Court judges
New Delhi: Justice Manoj Misra being sworn in as a Supreme Court judge by Chief Justice of India Justice D.Y. Chandrachud, in New Delhi, Monday, Feb. 6, 2023. (PTI Photo)
New Delhi: Justice Ahsanuddin Amanullah being sworn-in as a Supreme Court judge by Chief Justice of India Justice D.Y. Chandrachud, in New Delhi, Monday, Feb. 6, 2023. (PTI Photo)
New Delhi: Justice P.V. Sanjay Kumar being sworn-in as a Supreme Court judge by Chief Justice of India Justice D.Y. Chandrachud, in New Delhi, Monday, Feb. 6, 2023. (PTI Photo)
New Delhi: Justice Sanjay Karol being sworn-in as a Supreme Court judge by Chief Justice of India Justice D.Y. Chandrachud, in New Delhi, Monday, Feb. 6, 2023. (PTI Photo)
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( With inputs from www.siasat.com )

February 6, 2023

Supreme Court gets five new judges

Supreme Court gets five new judges

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New Delhi: The Supreme Court on Monday got five new judges. Chief Justice of India D.Y. Chandrachud administered the oath of office to Justices Pankaj Mithal, Sanjay Karol, P.V. Sanjay Kumar, Ahsanuddin Amanullah and Manoj Misra as judges of the Supreme Court.

With this, the number of the apex court judges rose to 32 as against the sanctioned strength of 34 judges. The oath-taking ceremony was attended by Supreme Court judges, lawyers, and family members of the new judges.

Amid the long-drawn tussle between the Centre and the judiciary over the appointment of judges, the Centre on Saturday cleared the names of five judges for appointment to the Supreme Court.

Recently, constitutional functionaries, including Law Minister Kiren Rijiju , have questioned the collegium system for the appointment of judges, which was seen as the government’s bid to have a larger say in the appointment of judges.

On Friday, the Attorney General R. Venkataramani had informed a bench comprising Justices Sanjay Kishan Kaul and Abhay S. Oka that the names of the five judges will be cleared very soon.

During the hearing, the Supreme Court had warned the Centre on the delay in clearing the transfer of high court judges recommended by the apex court collegium, saying it may result in both administrative and judicial actions which may not be palatable. The bench said, “Don’t make us take a stand which will be very uncomfortable…” and further added that if transfer of judges is kept pending then it is a serious issue.

On December 13, 2022, the six-member collegium had recommended Justice Mithal, Chief Justice, Rajasthan High Court (parent high court: Allahabad); Justice Karol, Chief Justice, Patna High Court (PHC: Himachal Pradesh); Justice Kumar, Chief Justice, Manipur High Court (PHC: Telangana); Justice Amanullah, judge, Patna High Court; and, Justice Misra, judge, Allahabad High Court.

On January 31, the collegium also recommended for the elevation of Justice Rajesh Bindal, Chief Justice of Allahabad High Court and Justice Aravind Kumar, Chief Justice of the Gujarat High Court as judges of the top court. These recommendations are still pending with the central government.

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( With inputs from www.siasat.com )

February 6, 2023

Rijiju supports view that advocates with political affiliation can become judges

Rijiju supports view that advocates with political affiliation can become judges

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New Delhi: Law Minister Kiren Rijiju on Sunday appeared to support the view that lawyers with political affiliation can become judges.

This comes amid a debate on the issue following a recent recommendation by the Supreme Court Collegium.

Rijiju retweeted a post by Supreme Court advocate and former governor Swaraj Kaushal who said that in the past too, sitting members of Parliament representing political parties had been elevated as high court judges.

“Justices K S Hegde and Baharul Islam were both sitting Congress MPs when they were appointed as HC judges. Justice V R Krishna Iyer was a Cabinet Minister in Kerala. Once you take the oath of office, you have to live by the oath,” Kaushal had tweeted a couple of days ago.

Kaushal tagged a news report which said that Madras High Court advocates had urged the SC Collegium to recall its proposal to elevate Victoria Gowri, who had been associated with the BJP, as a high court judge citing her alleged remarks against minorities and political affiliation.

According to reports, another group of lawyers supported judgeship for her citing her hard work and commitment to the profession.

Her name was recommended by the SC Collegium last month for elevation as a judge of the Madras High Court.

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( With inputs from www.siasat.com )

February 5, 2023