Page 8 - D Y Chandrachud

SC collegium recommends five names to Centre for judgeship in four HCs

The Supreme Court collegium headed by Chief Justice D Y Chandrachud has recommended five names to the Centre for appointment as additional judges in four high courts. The collegiums, also comprising justices Sanjiv Khanna and B R Gavai, also recommended the names of additional judges -- justices Rahul Bharti and Moksha Khajuria Kazmi, both from the Jammu and Kashmir and Ladakh High Court, for appointment as permanent judges. One of the recommendations said additional judge Justice Abhay Ahuja be also considered for appointment as permanent judge in the Bombay High Court. Several collegiums resolutions, uploaded Thursday night on apex court website, provided details of the deliberations leading to recommendations of names of judicial officers and advocates for judgeship in high courts. The Supreme Court Collegium has recommended the name of Smt. Chaitali Chatterjee (Das), Judicial Officer, for appointment as Judge of the High Court at Calcutta in the following terms..., one of the .

SC to pronounce verdict on Adani-Hindenburg case today: The story so far

Adani Hindenburg verdict time: A bench comprising CJI DY Chandrachud and justices JB Pardiwala and Manoj Misra will deliver the judgement at 10:30 am

Not appropriate to respond to criticism on my judgement: CJI on Article 370

Chief Justice of India DY Chandrachud on Monday refused to respond to criticism of the unanimous five-judge bench verdict of the Supreme Court upholding scrapping of Article 370 of the Constitution, saying the judges decide a case "according to the Constitution and the law". In an exclusive interview to PTI, the CJI said the judges speak their mind through their judgement which becomes public property after the pronouncement and people in a free society can always make their opinion about it. "So far as we are concerned we decide according to the Constitution and the law. I don't think it will be appropriate for me either to respond to the criticism or mount a defence to my judgement. What we have said in my judgement is reflected in the reason present in the signed judgement and I must leave it at that," Justice Chandrachud said. The response came to a query seeking his views on recent criticism by some jurists, including a former judge, on the Article 370 verdict, which upheld the

Let's not forget forget about sacrifice of armed forces, says Chandrachud

Let's not forget about the sacrifices of our armed forces personnel who are at the borders laying down their lives to protect the nation as we celebrate Christmas, Chief Justice DY Chandrachud said on Monday. He said the message of Jesus Christ's life was to sacrifice for the betterment of others. "We will give up everything, even if it comes to our lives as so many people in our armed forces do in the service of the nation. We lost four of our members of the armed forces two days ago. "So, as just we celebrate Christmas, let's not forget about those who are at borders...who are giving up their lives to protect our nation. When we sing, we also sing for them in celebration," Chandrachud said, referring to the recent incident in which four soldiers were killed in Jammu and Kashmir's Poonch district. He was speaking at a Christmas function organised by the Supreme Court Bar Association. The CJI said a new set of chambers will be constructed for the members of the Bar. Chandrachud,

Private lives at households not constitutional vacuums for injustice: CJI

Chief Justice of India D Y Chandrachud on Sunday said though households provide a private sanctuary to the inhabitants, it may not be simply an equitable space. Dwelling on the topic Constitutional imperativeness of the state, navigating discrimination in public and private spaces' the Chief Justice underlined that the gain of improving private lives will reflect on public life as well, for these private structures are not constitutional vacuums'. Justice Chandrachud was delivering the Justice E S Venkataramaiah Centennial Memorial Lecture organised by the National Law School of India University, Bengaluru here. According to the CJI, courts in India have in the past privileged the institution of marriage over the individual. The courts inherited the thought that the need to preserve the institutions is greater than the need to protect individual's rights. The sensitive sphere of privacy of homes was considered to be an intimate sanctuary, immune from the applications of the core ..

'No will to live': UP judge alleges sexual harassment, CJI seeks report

'I have no will to live anymore. I have been rendered to a walking corpse in the last year and a half,' said the woman judge in her letter to the CJI

CJI refuses to defer hearing on bail plea of AAP leader Satyendar Jain

Chief Justice of India D Y Chandrachud on Thursday refused to adjourn the hearing on the bail plea of AAP leader Satyendar Kumar Jain in a money laundering case listed before another bench headed by Justice Bela M Trivedi, saying the judge concerned will take the decision. A bench comprising CJI and justices J B Pardiwala and Manoj Misra was urged by senior advocate Abhishek Singhvi, appearing for Jain who is out on interim bail, that the proposed hearing on his plea by the Justice Trivedi-led bench during the day be deferred. Singhvi said a bench comprising Justice A S Bopanna and Justice Trivedi had heard substantial arguments in the case and now the matter is listed before the bench on which Justice Bopanna is not a part. We wish to seek a deferment. If you (the CJI) can kindly see the case papers once, the senior lawyer said. I will not control what the judge concerned is doing in the matter listed before her. The judge who has the case will decide. I cannot. I cannot take a ca

Expulsion from LS: CJI to take call on listing of Mahua's plea, says SC

The Supreme Court on Wednesday said Chief Justice of India D Y Chandrachud will take a call on the listing of Trinamool Congress (TMC) leader Mahua Moitra's plea challenging her expulsion from the Lok Sabha. Moitra's plea was mentioned for urgent listing before a bench of Justice Sanjay Kishan Kaul and Sudhanshu Dhulia. "The CJI will take the call," Justice Kaul told senior advocate Abhishek Singhvi, who mentioned the plea. CJI Chandrachud is heading a five-judge Constitution bench that assembled on Wednesday to hear a matter. The TMC leader has approached the top court, challenging her expulsion from the Lok Sabha, after the House adopted the report of its ethics committee that held her guilty of accepting gifts and illegal gratification from a businessman to further his interests. On December 8, after a heated debate in the Lok Sabha over the panel report during which Moitra was not allowed to speak, Parliamentary Affairs Minister Pralhad Joshi moved a motion to expel the TMC MP

All that you need to know about Article 370 before SC's verdict today

A constitution bench has reviewed the challenge to the abrogation of Article 370, exploring the constitutionality of the process and its impact on Jammu and Kashmir's special privileges

Problem with our society is we are not listening to others, says CJI

Chief Justice of India D Y Chandrachud on Saturday urged citizens to have the audacity to listen to others and break their own echo chambers. The CJI was speaking at the 20th convocation ceremony of the Symbiosis International (Deemed) University in Pune. The power of listening to others is important in every sphere of life. It is enormously liberating to yield that space to others. The problem with our society is that we are not listening to otherswe are listening only to ourselves, he said. By having the audacity to listen one concedes that the individual may not have all the right answers but is willing to explore and find them, the CJI said, adding it also gives a chance to break our own echo chambers and give us a newer understanding of the world around us. Life has a peculiar way of teaching us. Let humility, courage and integrity be your companions in this journey, he said. CJI Chandrachud added that contrary to the common misconception, strength is not shown by anger or ..

Polarisation across world marked by social media growth, intolerance: CJI

The polarisation across the world, with India not being an exception, is marked by the growth of social media and growing intolerance among communities, Chief Justice of India D Y Chandrachud has said here. Speaking at the Jamnalal Bajaj Awards function on Friday, he also said that India's pluralistic culture and "ability to engage in dialogue" set it apart from many other countries which got independence during the same period but could not sustain democracy. "Much of the polarisation which we see across the globalised world....the polarisation between right and left and the centre...the polarisation which we experience across the world and India is no exception, is also marked by the growth of social media, the sense of intolerance among communities, the short attention span which the younger generation has," Chandrachud said. This was not an isolated phenomenon, and free markets and technology produced it, he added. The CJI also spoke about how India's post-independence journey

I myself am servant of law: CJI on reforming SC's Collegium system

He said though CJI has brought many reforms, the reforms relating to Collegium and senior designation were much needed to take the judiciary to new heights

As a judge, I am servant of law and Constitution: CJI D Y Chandrachud

Chief Justice of India D Y Chandrachud on Friday said that as a judge, he is a "servant" of the law and the Constitution and has to follow the position that has been laid down. As soon as a bench headed by the CJI assembled for the day's proceedings, advocate Mathews J Nedumpara mentioned a matter before the court. The lawyer then told the bench, also comprising Justices J B Pardiwala and Manoj Misra, about the need for reforms in the collegium system as well as abolition of the senior advocate designation. "You have the freedom to pursue your heart's desire. As the Chief Justice of India, but more importantly, as a judge first, I am a servant of the law and the Constitution," Justice Chandrachud said. "I have to follow a position which has been laid down," he said, adding, "I cannot say this is what I like and I will do it." In October this year, the apex court had dismissed a plea challenging the designation of lawyers as senior advocates, saying the petition was a "misadventure

SC rejects plea seeking direction to fix expenses' limit by parties

The Supreme Court on Friday dismissed a petition seeking a direction to fix the limit of expenses by political parties and candidates in elections, saying these are matters of legislative policy. "Either these are legislative changes or policy matters. How can we entertain a petition like this," a bench headed by Chief Justice D Y Chandrachud observed. The bench was hearing a plea filed by a Haryana-based man seeking several directions, including to calculate and fix the limit of expenses by political parties and candidates, restrict the expenditure on articles printed and posted prior to nominations and calculate expenses of rallies performed during filing of nomination. "These are all matters of legislative policy," said the bench, also comprising Justices J B Pardiwala and Manoj Misra. The plea had also sought a direction to all the high courts to decide election petitions within six months. "These are not matters on which we can merely give directions. There is already a law..

Govt must be given latitude to make adjustments crucial to save nation: SC

Observing that several northeastern states are affected by insurgency and violence, the Supreme Court Wednesday said the government must be given "latitude and leeway" to make adjustments necessary to save the nation. Referring to section 6A of the Citizenship Act applicable exclusively to Assam, a five-judge constitution bench headed by Chief Justice DY Chandrachud said governments have to make compromises for the overall well-being of the nation. "We must also give the government that latitude. Even today there are parts of North East, we may not name them, but there are states affected by insurgency, affected by violence. We have to give the government that leeway to make adjustments necessary to save the nation," Chandrachud said. He made the observation after senior advocate Shyam Divan, appearing for the petitioners, submitted that section 6A operates in a "blanket manner" and rewards illegal immigrants who continue to stay in Assam in violation of the citizenship law. "Assam

State must side with weaker population in democracy: CJI Chandrachud

Chief Justice of India (CJI) D Y Chandrachud on Saturday said the state must side with the weaker population, which may be a numerical or a social minority so that all citizens feel free in a democracy. Speaking at Justice Keshav Chandra Dhulia Memorial Essay Competition here, the CJI said the majority will have its way in a democracy, but the minority must have its say. He said democracy must engage with all its stakeholders in order to be more than a mere approximation of majoritarian preferences. This engagement may or may not lead to an outcome right away but will definitely remain etched as a historical fact capable of being resurrected in the future, the CJI said. "For all citizens to feel free in a democracy, the state must side with the weaker population which may be a numerical or a social minority. This may at first appear to be at odds with the democratic principle of majority rule. However, a mere rule by the majority can be established by many forms of government," he

Retd judges keeping country's arbitral system in tight-fist grip: Dhankhar

Vice President Jagdeep Dhankhar lamented on Saturday that retired judges have kept the country's arbitral system in a "tight-fist grip", denying a chance to other qualified minds, and echoed the remarks of Chief Justice of India D Y Chandrachud that it resembles an "old boys' club". Dhankhar suggested that the time has come when people need to introspect and move forward by bringing about necessary changes, including, if required, by legislation. "Nowhere on the planet, in no other country, in no other system there is such a tight-fist grip on the arbitral system by retired judges. In our country, this is at large," he said. The vice president lauded the "bold" remarks of Justice Chandrachud -- a person, he said, is changing the landscape of the judiciary in the country -- on the arbitral system in India. Dhankhar said the CJI reflected on the lack of diversity in appointing arbitrators. Justice Chandrachud had said retired judges dominate the field, he pointed out. "He goes on to

Top judges across nations agree 'right to legal aid' must begin early: CJI

Chief Justice of India D Y Chandrachud Tuesday said top judges of several countries agree that the right to legal aid has to begin "at the earliest," even before arrest of an accused. He said judges need to educate not just students but the masses also about it. The CJI was speaking at the valedictory session of the two-day 'Regional Conference on Access to Legal Aid: Strengthening Access to Justice in the Global South' organised by the National Legal Services Authority (NALSA) here. The conference was attended by President Droupadi Murmu, Vice President Jagdeep Dhankhar, and Law Minister Arjun Ram Meghwal. Besides them, more than 200 delegates including Chief Justices of Bangladesh, Cameroon, Equatorial Guinea, Eswatini, the Maldives, Mauritius, Mongolia, Nepal, Zimbabwe and the ministers of justice from Kazakhstan, Nepal, Palau, Seychelles, South Sudan, Sri Lanka, Tanzania, and Zambia took part in the meeting. "The right to legal aid, all Chief Justices have concluded, has to be

Imperative to amplify justice needs of under-represented: CJI Chandrachud

Access to justice cannot be secured only by crafting pro-people jurisprudence in judgments, but requires active progress on the administrative side of a court, such as improving infrastructure and enhancing legal-aid services, Chief Justice of India D Y Chandrachud said on Monday. Speaking at the first "Regional Conference on Access to Legal Aid: Strengthening Access to Justice in the Global South" organised by the National Legal Services Authority (NALSA) here, Justice Chandrachud said the challenge before judges is not to do justice in the facts of an individual case, but to institutionalise the processes and look beyond the immediate as well. The CJI said the judiciary has the potential to play an extraordinary role in strengthening access to justice, as has been uniquely displayed by several countries in the "Global South". He said the complexities of law and process, the inequality between ordinary citizens and powerful adversaries, judicial delays and the belief that the syste

Imperative to amplify justice needs of under-represented, says CJI

Access to justice cannot be secured only by crafting pro-people jurisprudence in judgements but requires active progress on the administrative side of the court such as improving infrastructure and enhancing legal aid services, Chief Justice of India DY Chandrachud said on Monday. Speaking at the first Regional Conference on Access to Legal Aid organised by National Legal Services Authority (NALSA) here, Chandrachud said the challenge for judges is not to do justice in the facts of the individual case but to institutionalise the processes and look beyond the immediate as well. "Access to justice is not a right that can be secured only by crafting pro-people jurisprudence in our judgements rather it requires active progress on the administrative side of the court as well," Chandrachud said. The CJI said the discourse about human rights and access to justice has historically been monopolised by voices from the Global North (industrialised nations) which makes such dialogues ...