Indian Judiciary

The Supreme Court on Thursday recommended the appointment of Calcutta High Court judge Justice Joymalya Bagchi as a judge of the Supreme Court. The five-member Collegium, headed by Chief Justice Sanjiv Khanna, noted that no Calcutta High Court judge rose to become the Chief Justice of India since the retirement of Justice Altamas Kabir on July 18, 2013. The Collegium also took into consideration the fact that the Calcutta High Court has only one representation in the Supreme Court bench at present. If the Collegium's recommendation is cleared by the Centre, Justice Bagchi would have a tenure of more than six years in the top court, during which he will also serve as the Chief Justice of India. The Collegium, also comprising justices B R Gavai, Surya Kant, Abhay S Oka and Vikram Nath, noted that Justice Bagchi stands at serial number 11 in the combined all-India seniority of high court judges, including chief justices. "The Collegium has, therefore, unanimously resolved to recommen

The government has spent more than Rs 400 crore to contest court cases during the past 10 years, official data showed. The central government's Rs 66 crore expenditure on litigations in the 2023-24 financial year was over Rs 9 crore higher than the previous fiscal. The amount incurred on litigations has gone up since 2014-15, barring two fiscals when the Covid pandemic was at its peak, according to data shared by the government with the Lok Sabha in response to a question in the ongoing Budget session. In 2014-15, the cost incurred on litigations stood at Rs 26.64 crore while the expenditure for 2015-16 was Rs 37.43 crore. Between the 2014-15 and the 2023-24 financial years, the government spent more than Rs 409 crore on litigations. The government is working on a national litigation policy that seeks to expedite the resolution of pending cases. A draft of the proposed policy will go before the Union Cabinet for a final call. The policy has been drafted and redrafted for several

How can in a country like ours or in any democracy, by statutory prescription, Chief Justice of India participate in the selection of the CBI director, VP Jagdeep Dhankhar questioned

In an interview, Justice (Retd) DY Chandrachud addressed criticism of the court's decision to uphold the Centre's move to abrogate Jammu and Kashmir's special status

Practice of sealing premises without serving sealing order and depriving the affected person of their statutory rights is an arbitrary exercise of power and is both unlawful and unconstitutional

The Supreme Court on Monday dismissed a plea challenging certain provisions of the Dowry Prohibition Act and alleging misuse of women-centric laws. "You can go and raise all these grounds in Parliament," a bench of Justices B R Gavai and K Vinod Chandran told the counsel appearing for the petitioner. The petitioner's counsel said they were seeking to challenge certain provisions of the Dowry Prohibition Act, 1961, including sections 2 and 3. While section 2 of the Act deals with definition of dowry, section 3 pertains to penalty for giving or taking dowry. The counsel said the petitioner was concerned about these laws which adversely impacts men. The public interest litigation (PIL) names laws like the Dowry Prohibition Act, the Protection of Women from Domestic Violence Act, and the provision on cruelty to women in the erstwhile Indian Penal Code to question their validity. The plea filed by petitioner Rupshi Singh highlighted the alleged malice in law, the unreasonableness cont

Six other lawyers, and submissions of two court-appointed experts in the OpenAI lawsuit, Arul George Scaria and Adarsh Ramanujan, said Indian judges can hear the matter

Vice President Jagdeep Dhankhar on Wednesday said access to judiciary has been "weaponised" and it poses a great challenge to India's governance and democratic values. He also said institutions are not working within their domain. In an apparent attack on the judiciary, he said every day one finds advisories being issued and executive functions being performed by bodies that have no jurisdiction or jurisprudential authority or competence to perform those actions. "To put it in a layman's language, a tehsildar can never record an FIR. How so very strongly he may feel because our Constitution ordains institutions have to work within their own domain. Are they working? I'll answer for you, no," he said. He said "day in and day out you will find advisories emanating (and) executive functions being performed by bodies that have no jurisdictional or jurisprudential authority or competence to perform those actions". The vice president made these remarks while addressing students of the ..

A magistrate's inquiry has held five policemen responsible for the custodial death of Akshay Shinde, accused in the Badlapur school sexual assault case. The magistrate on Monday tendered its inquiry report to the Bombay High Court, which was hearing a plea filed by Shinde's father, Anna Shinde, claiming his son was killed by the police in a fake encounter. Akshay Shinde (24) was arrested in August 2024 for allegedly sexually assaulting two minor girls inside the toilet of a school in Badlapur. He was an attendant at the school. In September, Shinde was killed in an alleged police shootout while being taken from the Taloja prison for questioning. The police claimed he snatched the gun of one of the police personnel in the police van, opened fire, and was killed in retaliatory firing. Under the law, a magistrate inquiry is initiated in cases where an accused dies in police custody. A division bench of Justices Revati Mohite Dere and Neela Gokhale perused the report. The bench said

Petition was heard by the bench led by Acting Chief Justice Vibhu Bakhru, who observed that it did not find it appropriate to intervene in the matter

The Supreme Court will hear pleas challenging a Calcutta High Court order invalidating the appointment of 25,753 teachers and non-teaching staff in government and aided schools in West Bengal on January 15. A bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan said at the outset on Tuesday that there are two options before it -- either a three-judge bench re-hears the case all over again or it be listed it before a two-judge bench that began hearing final arguments on December 19, the last date of hearing. Taking note of the submissions of lawyers, the CJI said the matter will be heard by a two-judge bench comprising him and Justice Kumar at 2 pm on January 15. There are 124 petitions, including the one filed by the state government, pending in the top court. The bench had earlier issued a slew of procedural directions and appointed four lawyers as nodal counsel while asking them to file a common compilation in electronic form after getting ..

Endless incarceration without trial in near future falls foul of Article 21 of the Constitution, the Delhi High Court said recently and granted bail to a man held in a cheating case in 2022. Justice Amit Mahajan said if an accused was suffering a prolonged incarceration without a timely trial in the case, courts would ordinarily be obligated to release them on bail. Article 21 of the Indian Constitution deals with the right of life and personal liberty. In the case at hand, the judge said charges were yet to be framed, the prosecution had sought repeated adjournments to file a supplementary chargesheet and it had been a year since the accused's last bail plea was dismissed. "The applicant has spent more than two years in custody. There is no likelihood of the trial being completed in near future. In such circumstances, incarceration of the applicant for an endless period on account of non-examination of witnesses falls foul of Article 21 of the Constitution of India," the court sai

India must protect the integrity of its constitutional institutions from outside interference, including those that are politically motivated, said Justice P S Narasimha, Judge, Supreme Court of India, on Sunday. Justice Narasimha was delivering the Justice E S Ventakaramiah Centennial Memorial Lecture, organised by the National Law School of India University (NLSIU) in Bengaluru. Justice Venkataramiah served as the 19th Chief Justice of India. He previously served as a judge of the Karnataka High Court, as well as the Advocate General of Mysore. According to the Supreme Court Observer, he was a part of benches that pronounced 720 judgments. Of these, he authored 256 judgments during his term at the Supreme Court. In his lecture, Justice Narasimha said integrity of the institutions can be maintained only by putting in place safeguards in the appointment, decision making and removal process of individuals who helm these institutions. He also added that the topic of the memorial ...

'One Nation, One Election' bill, which provides for simultaneous elections to Lok Sabha and state assemblies is slated to be introduced in Lok Sabha today

The Supreme Court is scheduled to hear on Monday a suo motu matter related to adverse effect of stay orders granted by the appellate courts on the pace of trials. As per the cause list of December 9 uploaded on the apex court website, a bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar is slated to hear a matter titled "In Re: Adverse effect of stay orders granted by appellate courts on the pace of trials, despite parameters for grant of such stays, laid down by this court". The apex court, while dealing with a petition filed by the Central Bureau of Investigation (CBI) in November 2021, had flagged the issue of stay orders granted by the appellate courts and the pace of trial getting adversely affected. "The second aspect with which we find ourselves concerned is the stay orders granted by the appellate courts and thus the pace of trial getting adversely affected, despite this Court having laid down parameters for grant of such stays," the top court had said in

Docket explosion is preventing the delivery of quality judgments as well as timely justice in the country, Supreme Court judge Justice Hrishikesh Roy said on Saturday. Justice Roy made the remarks after inaugurating a two-day zonal conference on 'Court Dockets: Explosion and Exclusion' organised by the Jammu and Kashmir Judicial Academy under the aegis of the National Judicial Academy, Bhopal, at the SKICC here. Several judges from the Supreme Court, Chief Justice of the High Court of J-K and Ladakh, Justice Tashi Rabstan, and ex-Supreme Court judge and Director of National Judicial Academy, Justice Anirudhha Bose, attended the conference, among other legal representatives from the region. Emphasising that docket explosion is preventing the delivery of quality judgments and timely justice, Justice Roy said in his inaugural address, "It is a significant concern in a developing country like India, which is the world's largest democracy, with millions of court cases pending at differen

Chief Justice of India Sanjiv Khanna on Wednesday emphasised the importance of preemptive communication in court processes and suggested that lawyers submit advance letters for case withdrawals rather than relying on oral submissions during hearings. The CJI has been taking several procedural steps to streamline the judicial process in the top court. On November 12, he said no oral submissions for urgent listing and hearing of cases would be permitted and urged lawyers to either send emails or written letters for it. On Wednesday, the CJI suggested lawyers file advance letters for case withdrawals rather than making oral submissions while hearing a transfer petition in a family dispute case. The counsel in the case informed the bench that the parties had resolved their differences and wished to withdraw the transfer petition. Granting the withdrawal, the CJI remarked that advance notice would enhance court efficiency. "If you have any such requests, you can always give a letter to

He also pointed out that this will require a constitutional amendment because, the recruitment and conditions of service of the judges to the district judiciary are, controlled by the governors

Former Chief Justice D Y Chandrachud on Sunday said social media is being used by special interest groups to influence outcome of cases and judges need to be wary of them. He also noted that people nowadays want to form an opinion on the basis of 20 seconds they see on YouTube or any other social media platform, saying it poses a great danger. "Today there are special interest groups, pressure groups who are trying to use social media to affect the minds of the courts and the outcomes of cases. Every citizen is entitled to understand what is the basis of a decision and to express their opinions on the decisions of the court. But when this goes beyond the decisions of the court and targets individual judges, then it sort of raises fundamental questions about - Is this truly freedom of speech and expression?" he said. "Everybody, therefore wants to form an opinion in 20 seconds of what they see on YouTube or any social media platform. This poses a grave danger because the process of

Chief Justice Sanjiv Khanna has come out with a fresh roster for allocation of new cases to 16 benches and it has been decided that the first three courts presided over by the CJI and the two senior-most judges respectively will hear letter petitions and PILs. The roster for the assignment of fresh cases was notified by the apex court registry under the order of the CJI and has come into effect from November 11. The fresh petitions arising out of letters written by the citizens to the apex court and the new public interest litigations (PILs) will be heard by the benches presided over by the CJI, Justice B R Gavai and Justice Surya Kant, the two senior-most judges, respectively. Besides the letter petitions and the PILs, subject wise, the CJI-led bench will be dealing with a maximum number of issues, including those related to social justice, disputes related to election of President, Vice President and other cases related to election of MPs and MLAS, habeas corpus matters and ...