The court can't make law but only interpret it and it is for Parliament to change the Special Marriage Act, Chief Justice of India (CJI) D Y Chandrachud said on Tuesday while pronouncing his verdict on 21 pleas seeking legal validation for same-sex marriages. At the outset, Justice Chandrachud said there are four judgments -- by himself, Justices Sanjay Kishan Kaul, S Ravindra Bhat and P S Narasimha -- in the matter. Justice Hima Kohli is also a part of the five-judge bench. Directing the Centre, states and Union Territories (UTs) to ensure that the queer community is not discriminated against, the CJI, who is heading the constitution bench, said queer is a natural phenomenon known for ages and is neither urban nor elitist. Justice Kaul said he agrees with the CJI on grant of certain rights to queer couples. "Non-heterosexual and heterosexual unions must be seen as both sides of same coin," he said, adding that legal recognition of non-heterosexual unions is step towards marriage .
The apex court had commenced hearing arguments in the matter on April 18
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The Court said the cost of all medical procedure in he case would be borne by the State and the petitioner would have the choice to keep the child or give it up for adoption
There may be a thousand issues meriting attention but everything cannot be entertained to make the Supreme Court dysfunctional, Chief Justice of India DY Chandrachud said on Tuesday while declining to hear an interim plea on the deaths of captive elephants in Kerala. "These are local issues which may be dealt with by the high courts. If they make an egregious error then we are here to correct those errors. But you know how can we run the country," a bench comprising Chief Justice Chandrachud, Justice JB Pardiwala and Justice Manoj Misra said. "What is the role of the Supreme Court in the nation ... we are not to deal with these, you know, micromanagement of issues which arise all over the country. If the high court commits an egregious error we are here and will correct the error," it said. Senior advocate CU Singh, appearing for an intervenor, at the outset raised the issue of deaths of captive elephants in Kerala, violation of rules and sought an urgent hearing. "More than 135 .
Chief Justice of India (CJI) D Y Chandrachud on Friday referred to the significant increase in the number of women judicial officers and said it was a countrywide trend. At the outset of the proceedings, the CJI said, "We wish to share some happy news. Here in the back row (in the courtroom), we have 75 judges from the civil judge junior division from Maharashtra. Out of a batch of 75 judges, 42 are women and 33 men." "This is a trend happening across the country. There are more women judges in numbers," the CJI, who was sitting on a bench with Justices J B Pardiwala and Manoj Misra, said. Justice Chandrachud said he would meet the judicial officers, including the women judges, during the lunch hour. Some lawyers, including senior advocate Dushyant Dave, asked the CJI to take steps to raise the number of women judges in the apex court. "The appointments made today are a reflection of the bar 15 years ago," the CJI said. Recently, former Supreme Court Bar Association (SCBA) presid
Chief Justice of India (CJI) D Y Chandrachud on Friday announced the appointment of a sign-language interpreter by the Supreme Court to help hearing-impaired lawyers and litigants to comprehend judicial proceedings. "Today, we have an interpreter whom the Supreme Court has appointed," the CJI said at the outset of the proceedings. "This is a historic moment," a lawyer said. The CJI said he wanted to have a sign-language interpreter for the Constitution bench hearings. On September 22, a bench headed by the CJI heard hearing-impaired lawyer Sarah Sunny through sign-language interpreter Saurav Roy Chowdhury in a case related to the rights of persons with disability (PwD). Lawyers and bar bodies had lauded the fact that the Supreme Court allowed a hearing-impaired lawyer to argue a case through a sign-language interpreter. CJI Chandrachud, who is sensitive towards providing accessibility to justice delivery systems to the differently-abled, also constituted a Supreme Court committee
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The Supreme Court on Wednesday ordered a common compilation of submissions be filed by both the parties in a petition by Delhi government challenging the central government's law establishing pre-eminence of the lieutenant governor over the elected AAP dispensation in controlling services in the national capital. A bench comprising Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra was urged by senior advocate Abhishek Singhvi, appearing for the Delhi government, that the matter be listed before a five-judge Constitution bench for urgent hearing. I can't express the agony of the (Delhi) administration, the senior lawyer said. There are older Constitution bench matters. We are listing and there are two seven-judge bench matters also coming up. All these are also important and are pending for years, the CJI said, adding it may be listed after some time. The bench, however, asked Singhvi and Additional Solicitor General Sanjay Jain to sit together and decide the
Chief Justice of India D Y Chandrachud on Saturday said the role of lawyers has evolved to address myriad global legal challenges in an era characterised by ever-increasing globalisation. He said rapid technological advancement has created "complex legal issues", with lawyers leading the way in navigating this landscape. While the judiciary definitely bears the responsibility of administering justice and upholding the rule of law, lawyers play an equally vital role, he stressed. "In an era characterised by ever-increasing globalisation, the role of lawyers has evolved to address myriad global legal challenges," the CJI said while speaking at the inaugural ceremony of the Bar Council of India's (BCI) 'International Lawyers Conference 2023' here. He said lawyers ensure that clients and governments adapt to technological changes while upholding legal rights and regulations, covering areas like cybersecurity, data privacy and intellectual property. "Lawyers also bear significant ...
Chief Justice of India D Y Chandrachud on Saturday said institutional collaboration is the precursor to solution finding while adjudicating judicial questions and it also plays a significant role in increasing access to justice. Addressing the inaugural ceremony of the Bar Council of India's (BCI) two-day 'International Lawyers Conference 2023' here, he said it is utopian to think that there will be a day when "we find perfect solutions with no challenges to the justice delivery". "However, it is definitively not utopian to aspire for a world where nations, institutions and most importantly individuals are open to engage with and learn from one another without feeling threatened or belittled," the Chief Justice of India (CJI) said. He said that while the Constitution provides for separation of power among the legislature, the executive and the judiciary, it also creates a space for institutions to learn from each other and deliver justice. "Institutional collaboration is a precurso
The Supreme Court agreed to hear on Monday a plea challenging a Madras High Court order staying the sale and manufacture of Ganesha idols made of plaster of Paris. A bench of Chief Justice DY Chandrachud and justices J B Pardiwala and Manoj Misra agreed to hear the matter at the end of the board of listed cases after senior advocate Shyam Divan cited urgency in the matter owing to the Ganesh Chaturthi festival on Tuesday. "This is a matter which requires urgent hearing. The division bench of the high court has passed the order on Sunday evening by which it had stayed the single judge's order permitting the sale of Ganesha idols made of plaster of Paris," Divan said. The bench had initially asked Divan to follow the standard operating procedure for listing of urgent matters by sending an e-mail to the apex court. However, it agreed to hear the matter after the advocate mentioned the upcoming festival. Divan said that the effect of the order issued during a special sitting on Sunday
Our profession will continue to thrive or it will self-destruct based on whether we do or do not maintain our integrity, Chief Justice of India Dhananjay Chandrachud said here on Sunday. Integrity is the core of the legal profession, the CJI asserted. Integrity is not eroded by one thunderstorm, it gets eroded by small, little concessions and compromises made by lawyers and judges, the CJI said while speaking at the an event on the theme 'Enhancing collaboration between Advocates & Judges: Towards strengthening legal system'. "Our profession will continue to thrive or it will self-destruct based on whether we do or do not maintain our integrity. Integrity is eroded not by one thunderstorm, it erodes by small little concessions and compromises which are made by lawyers and judges," he said. "We all sleep with our conscience. You can fool the whole world but can't fool your conscience. It keeps on asking questions every night. Integrity is the core of the legal profession. With ...
Chief Justice of India (CJI) D Y Chandrachud has lamented that less than 10 per cent of all Indian arbitrators on various international panels are women, terming the situation as a diversity paradox. The CJI was speaking at the inaugural session of the United Nations Commission on International Trade Law (UNCITRAL) South Asia Conference, 2023 on Thursday. Justice Chandrachud hailed the fact that now various international arbitral institutions have curated regionally diverse panels of arbitrators. However, the gendered compositions of these panels are hard to miss. We face what is called a diversity paradox i.e. a mismatch between our stated objectives and actual appointments. Less than 10 per cent of all Indian arbitrators on various international institutional panels are women, he said. He referred to a report on Gender Diversity and said it identified unconscious bias' was contributing to this gender mismatch. It suggests using gender-neutral pronouns in our legislation and rule
National Judicial Data Grid is a national portal that holds real-time information and data on all cases, pending and disposed, by courts across the country
Chief Justice of India DY Chandrachud on Thursday announced that the Supreme Court will soon be linked to the National Judicial Data Grid (NJDG), a repository of data relating to pendency of cases and disposal rate of courts right from the taluka level to the national level. At present the portal shows data only up to the high court level. As the CJI started the day's proceedings in the apex court, he said data of the top court will be uploaded on the NJDG on real time basis. "A small announcement. It is a historic day. It is a unique and informative platform which is developed by the NIC and in house team of Supreme Court. Now at the click of a button you can see real time information on pendency and disposal of cases, year-wise, total pendency of registered and unregistered cases, number of cases decided quorum- wise," the CJI said. The CJI stated that uploading of data on the NJDG will ensure transparency and accountability in the judicial domain. The NJDG is a database of orde
The Centre told the Supreme Court on Wednesday that the consultative process on the proposed amendment in the Arbitration and Conciliation Act, 1996 is going on, prompting the apex court to defer the hearing on the issue involving the appointment of arbitrators. Attorney General R Venkataramani, appearing for the Centre, told the top court that the term of the expert committee set up by the Centre to go into the functioning of the arbitration law in the country has been extended and that their report is now expected by early November. Taking note of the submission, a five-judge constitution bench headed by Chief Justice D Y Chandrachud adjourned the hearing on the legal question whether a person who is ineligible to be an arbitrator can nominate another person as an arbitrator till mid-November. "The Attorney General states that a consultative process on the proposed amendment in the Arbitration and Conciliation Act, 1996 is being carried out. Hence, it is submitted that reference t
Over 260 eminent citizens, including former judges and bureaucrats, have written to Chief Justice of India D Y Chandrachud urging him to take cognisance of DMK leader Udhayanidhi Stalin's eradicate "Sanatan Dharma" remark. In a letter to the CJI, the signatories, including former Delhi HC judge S N Dhingra, said not only did Stalin make a hate speech but he refused to apologise for his remarks. The letter by 262 people said the undersigned are deeply concerned over the remarks made by Stalin and that these remarks undeniably amount to "hate speech" against a large population of India and strikes at the very core of the Constitution of India which envisages Bharat as a secular nation. The letter said action is needed in order to preserve the secular character of the country. Any delay on the part of the administration in taking action on very serious issues will invite the court's contempt, it said. The letter said the state government has refused to take action and allegedly acted
Chief Justice of India D Y Chanrachud on Saturday said Indian institutions have developed a culture of resolving problems through dialogue, tolerance and shared values, unlike many other nations where resolution takes place through arms and weapons. After inaugurating the new building of the Aizawl bench of Gauhati High Court here, the CJI said that the rule of law sustains the nation and judges, lawyers and litigants. "There are so many countries in the world where the resolution of problems takes place through arms and weapons. But the importance of our institution is that we have replaced a culture of violence with a culture of dialogue, a culture of tolerance, a culture of understanding and the realisation that we share the shared values for bringing about human happiness," he said. The CJI said that the important message that the court of justice sends across society is that "We stand for the rule of law, we stand for the peaceful resolution of disputes." CJI Chandrachud said
Chief Justice of India D Y Chandrachud on Thursday warned lawyers and litigants about a fake website of the Supreme Court created for phishing attacks and asked them to be careful with monetary transactions. The top court has also issued a public notice and asked the public to neither click nor share any website links they receive without verifying their authenticity. "Please be careful. Don't click on that link. Don't use it for monetary transactions," said Chandrachud, who was sitting in a constitution bench hearing pleas challenging the abrogation of Article 370. The notice said, "The Registry, Supreme Court of India, has been made aware of a phishing attack. A fake website, impersonating the official website has been created and hosted on the URL." "The attackers through the URL are soliciting personal details and confidential information. Any visitor on the above URLs is strongly advised not to share and divulge any personal and confidential information, as the same shall enab