Page 6 - Cji

Advocate K V Viswanathan's name recommended by Collegium to become 58th CJI

Justice MR Shah and Justice Dinesh Maheshwari demitted office within a span of last two days, bringing the strength of the top court to 32 judges

Vacation benches to conduct hearing through hybrid mode: CJI Chandrachud

Chief Justice of India (CJI) D Y Chandrachud Tuesday said the vacation benches will conduct hearing through hybrid mode to enable lawyers to appear from various destinations. The benches will be taking up fresh matters as well, he said. The Supreme Court is closing for summer break from May 22 to July 2 and only vacation benches will conduct hearing to deal with urgent matters. At the outset of Tuesday's proceedings, the CJI said the vacation benches will be taking up fresh admission matters and the hearing will be conducted through hybrid mode where lawyers can appear physically and through video-conference from their respective destinations. "In case, someone wants to go and argue from somewhere more convenient, you are most welcome... there is only one precondition that the lawyers should be properly dressed, the bench, also comprising justices P S Narasimha and J B Pardiwala, said. The CJI said more than 300 fresh matters, which could not have been taken up, would be listed be

CJI launches 'E-filing 2.0', says service will be available round the clock

Chief Justice of India (CJI) D Y Chandrachud on Friday launched 'E-filing 2.0' and told lawyers that the facility for filing cases electronically will be now available round the clock. The chief justice, who has been advocating for e-courts and e-filing of cases across the country, also inaugurated an 'e-Sewa Kendra' on the apex court's premises. "We have now unveiled this morning the 'E-filing 2.0'. The facilities will be available to all lawyers 24X7," he said, adding that two facilitation centres have been started to help lawyers "who do not have these facilities and are not acquainted with the technology". "I request all lawyers to use 'E-filing 2.0'," the CJI said at the outset of Friday's proceedings. Solicitor General Tushar Mehta, who was present in the courtroom, and other lawyers hailed the move. "Only because of my Lords, we were able to get rid of that mental block," the law officer said. On the 'e-sewa kendra', CJI Chandrachud said, "One can walk in the 'e-sewa kendr

SC rejects plea seeking recusal of CJI from petitions on same-sex marriage

The Supreme Court on Wednesday dismissed an application seeking the recusal of Chief Justice of India D Y Chandrachud from hearing the pleas relating to legal validation for same-sex marriages. A five-judge Constitution bench headed by the CJI was hearing the arguments for the ninth day on these pleas. One Anson Thomas, who appeared virtually, referred to his letters sent to the CJI on March 13 and April 17 and said Justice Chandrachud should recuse himself in this particular matter. "Thank you Mr. Thomas, application rejected," said the CJI, who was heading the bench which also comprised justices S K Kaul, S R Bhat, Hima Kohli and P S Narasimha. Solicitor General Tushar Mehta, who was present in the court during the hearing, objected to the submissions made seeking recusal of the CJI. "I have an objection to this (seeking recusal of CJI), leave it at that my lords...," Mehta said, adding, "I object, since he has made these submissions." The hearing in the matter is underway.

Marriage equality: No bar on adoption by same-sex couples, says CJI

The CJI asserted that even a single individual can adopt a child despite being in a same-sex relationship

SC agrees to examine a plea against 'The Kerala Story' on May 15

The plea challenged the May 5 order passed by the high court declining any relief, saying there was nothing offensive against Islam or Muslims in the film

Streaming of court proceedings has flipside, judges need to be trained: CJI

CJI DY Chandrachud on Saturday said live streaming of court proceedings has flipside and judges need to be trained as every word they say is in the public realm in the age of social media Addressing the National Conference on Digitisation, Paperless Courts and e-initiatives at the Odisha Judicial Academy here, CJI Chandrachud said courts across the country are likely to become paperless soon. "We have been using Artificial Intelligence (AI) for transcription of the proceedings of the Constitution Bench of the Supreme Court. The transcript is provided to lawyers to clean up any errors," he said. "AI is replete with possibilities. How do you expect a judge to digest the evidence in a statutory appeal in a record involving 15,000 pages? AI can prepare the entire record for you," he said, adding that many courts across the world were experimenting with AI. However, CJI Chandrachud said AI has a flip side as well. "For instance, it would be very difficult in allowing artificial ...

Accused cannot claim default bail on ground that charge sheet filed : SC

Obtaining sanction for prosecution from competent authorities is not part of the investigation and an accused cannot claim an indefeasible right of being released on default bail due to lack of such approval if the charge sheet has been filed within the allowed period, the Supreme Court ruled on Monday. A bench of Chief Justice DY Chandrachud and Justice JB Pardiwala said whether the sanction is required or not under a statute is a question that has to be considered at the time of taking cognisance of the offence and not during inquiry or investigation. In case the sanctioning authority takes some time to accord sanction, that does not vitiate the final report filed by the investigating agency before the court, it said. The apex court said it cannot be said that obtaining sanction from the competent authorities is part of the investigation. "We find no merit in the principal argument canvassed on behalf of the appellants that a charge sheet filed without sanction is an incomplete .

CJI inaugurates digital courts for contested traffic challans in Delhi

Chief Justice of India (CJI) D Y Chandrachud inaugurated "Digital Courts for Contested Traffic Challans" for Delhi on Friday and said the "significant" step would allow people to seamlessly participate in such proceedings virtually. At a virtual event organised by the Delhi High Court, Justice Chandrachud also flagged off a "Bail Orders Sharing Module" on the e-Prison platform and asked the high court to ensure that its judgments are made available for people in Hindi. The "Bail Order Sharing Module" impacts personal liberty and would ensure that judicial orders on prisoners' release are communicated and implemented, the CJI said, adding that it would be beneficial for poor people and the marginalised sections of the society. The two projects were inaugurated by the CJI in the presence of Delhi High Court Chief Justice Satish Chandra Sharma and other judges of the court, including Justice Rajiv Shakdher who is the chairperson of the high court's Information Technology Committee. Tw

Live-streaming of court proceedings important for people: CJI Chandrachud

Chief Justice of India (CJI) Justice D Y Chandrachud Friday underscored the importance of live-streaming of court proceedings in reaching out to the citizens and said it was incumbent on the high courts to ensure that the funds released by the "extremely receptive" Centre in this regard are productively used. Advocating for making live-streaming of court proceedings a "permanent part" of the judicial system, CJI Chandrachud said the first tranche of nearly Rs 2,000 crore allocation is expected to be released by the Centre in June. "I think it is important that we reach out to citizens by ensuring live-streaming of our proceedings and I have no manner of doubt that this is now a mission which is not confined to the personal preferences of your present CJI who is fond of technology but something which we will incorporate as a permanent part of our judicial system," CJI Chandrachud said. "The Union government has been extremely receptive in providing us funds. The challenge now is befo

Group of 400 parents of LGBTQIA++ writes to CJI, seeks marriage equality

A group of over 400 parents has written to Chief Justice of India (CJI) D Y Chandrachud, heading a bench hearing the pleas seeking legal sanction for same-sex marriage, urging that their LGBTQIA++ wards be granted the right to marriage equality. The letter by Sweekar-The Rainbow Parents' assumes significance it comes when a five-judge constitution bench headed by the CJI is hearing a batch of petitions seeking legal validation for same-sex marriage for the fourth day. We desire to see our children and children-in-law find final legal acceptance for their relationship under the Special Marriage Act in our country. We are certain that a nation as big as ours which respects its diversity and stands for the value of exclusion, will open its legal gate of marriage equality to our children too. We are growing old. Some of us will touch 80 soon, we hope that we will get to see the legal stamp on the rainbow marriage of our children in our lifetime, the group said in its letter. Sweekar-Th

SC begins hearing of pleas to recognise same-sex marriages; details here

A five-judge Constitution bench comprising chief justice of India (CJI) DY Chandrachud and justices SK Kaul, Ravindra Bhat, Hima Kohli and PS Narasimha is hearing the pleas

Without preparing judgment, judge can't pronounce concluding portion: SC

A judicial officer cannot pronounce the concluding portion of a judgment in the open court without the entire text of the judgment being prepared or dictated, the Supreme Court has said. The top court also directed the sacking of a trail court judge in Karnataka found guilty of pronouncing the outcome of a case without preparing the judgment. The SC direction came on a plea filed by the Registrar General of the High Court of Karnataka who had challenged the HC's division bench order on the judge's reinstatement by quashing the termination order passed by its full court. Coming down heavily on the Karnataka High Court for "white-washing" serious charges, a SC bench of justices V Ramasubramanian and Pankaj Mithal said the conduct of the judge is unacceptable. "It is true that some of the charges revolve around judicial pronouncements and the judicial decision-making processes and that they cannot per se, without anything more, form the foundation for departmental ...

Law should take into consideration realities of communities: Chandrachud

Chief Justice of India DY Chandrachud said that law must have the touch of humanity to serve the interests of all people and should always be used with a sensibility to address the roots of problems. Addressing the platinum jubilee celebration of Gauhati High Court on Friday, CJI Chandrachud said the law should take into consideration the realities of the communities where it is sought to be implemented. When the law is wisely interpreted and applied, people have faith in the social structure and it is a step forward towards the realisation of justice, he said. "The legitimacy of the judiciary lies in the faith and confidence it commands from the people, who in turn depend on judicial independence. People's faith in the judiciary is determined by the single most important factor that judiciary is the first and last access for citizens in distress and need," he said. "Law must be imbued with a touch of humanity ... A human touch is essential to ensure that law serves the interests o

Law must have touch of humanity and should be used with sensibility: CJI

Chief Justice of India D Y Chandrachud Friday said that law must have the touch of humanity to serve the interests of all people and should always be used with sensibility to address the roots of problems. The law should take into consideration the realities of the communities where it is sought to be implemented, Justice Chandrachud said at the platinum jubilee celebration of Gauhati High Court here. When the law is wisely interpreted and applied, people have faith in the social structure and it is a step forward towards the realisation of justice. The legitimacy of the judiciary lies in the faith and confidence it commands from the people, who in turn depend on judicial independence. People's faith in judiciary is determined by the single most important factor that judiciary is the first and last access for citizens in distress and need, he said. "Law must be imbued with a touch of humanity ... A human touch is essential to ensure that law serves the interests of all. There ..

CJI approves fresh guidelines on engaging services of law clerks in SC

Chief Justice of India (CJI) D Y Chandrachud has approved fresh guidelines for engaging the services of law interns for assisting Supreme Court judges in legal research after which they will be paid a consolidated remuneration of Rs 80,000 per month. The top court has come up with a fresh Scheme for Engaging Law Clerk-cum-Research Associates on Short-Term Contractual Assignment in the Supreme Court of India. A Law Clerk will be paid a consolidated remuneration of Rs. 80,000/- per month for the assignment term and there will be no other allowances/perquisites, the apex court notification said, adding if such persons are given an extension after 12 months of the initial assignment, then a consolidated remuneration of Rs. 90,000/- per month will be paid for the extended assignment term without any other allowances or perquisites. The CIJI and other SC judges will be entitled to the services of four Law Clerks out of which the first two shall be selected mandatorily through the selectio

No appointment of SC judges in my tenure due to lack of consensus: Bobde

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

Collegium system not perfect but best available, says CJI Chandrachud

Not every system is perfect but this is the best system developed by the judiciary, Chief Justice of India D Y Chandrachud said on Saturday while defending the Collegium system of judges appointing judges, a major bone of contention between the government and judiciary. Speaking at the India Today Conclave, 2023, the CJI said the object of the Collegium system was to maintain independence and that can be done by insulating it from outside influences. "As the Chief Justice, I have to take the system as it is given to us... I am not saying every system is perfect but this is the best system we have developed. The object of this system was to maintain independence which is a cardinal value. We have to insulate the judiciary from outside influences if the judiciary has to be independent. That is the underlying feature of Collegium," Chandrachud said. Amid the tussle between the government and the judiciary, the CJI also responded to Law Minister Kiren Rijiju voicing displeasure over the

Collegium system ideal for judges appointment, says ex-CJI U U Lalit

Former Chief Justice of India (CJI) Uday Umesh Lalit Saturday said the collegium was the "ideal system" for appointment of judges to the top court and high courts in the country. His comments come in the backdrop of Union Law Minister Kiren Rijiju raising questions over the collegium system. Justice Lalit, who demitted office as the 49th CJI on November 8, 2022, also said judiciary was completely independent of the executive and while the Supreme Court was "fantastic", there is "tremendous area for improvement". Speaking at the India Today Conclave, Justice Lalit emphasised that the collegium system enables selection of judges by a body which is reviewing performances at the "grass-root" and the process of recommendation by the apex court body is through a consultative route. While recommending a judge, not only is performance but the opinion of other judges as well as IB report is also considered in the process and a new regime of appointment can only be "put in place in a manner

SC starts hearing on 2017 verdict on guidelines for sr advocate designation

The Supreme Court on Wednesday commenced hearing arguments on whether its 2017 verdict laying down guidelines for itself and high courts governing the exercise of designating lawyers as senior advocates require any tweaking. As soon as the hearing commenced before a bench headed by Justice S K Kaul, a lawyer told the court that a separate petition has been filed against the designation of lawyers as senior advocates and that plea should also be heard simultaneously. Advocate Mathews J Nedumpara told the bench that Chief Justice D Y Chandrachud had on Tuesday said the petition will be listed for March 20. "As and when the matter will come up, if it is listed before us, we will hear it," the bench, also comprising Justices A Amanullah and Aravind Kumar, said, adding the plea was not listed for hearing before it on Wednesday. Nedumpara said the petition has sought abolition of the practice of designating lawyers a 'Senior Advocates'. He alleged that majority of the senior advocates a