Indian Judiciary

India must protect integrity of constitutional institutions, says SC Judge

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 ...

We welcome this bill: BJP MPs exude support for 'One Nation, One Election'

'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

SC to hear matter related to effect of stay orders on trials' pace on Dec 9

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 preventing quality judgments, timely justice: SC judge

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

CJI backs advance letters for case withdrawals to streamline proceedings

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

21% posts vacant in district courts, Govt needs to invest more: Ex-CJI

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

Some groups trying to use social media to affect cases: ex-CJI Chandrachud

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

CJI Khanna brings fresh roster on case allocation, first 3 benches for PILs

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 ...

'Wholly unconstitutional': SC rules on bulldozer justice by state govts

Issues guidelines such as giving a 15-day notice period to challenge demolition

SC slams 'bulldozer justice': Warns executive against acting as judge

The Supreme Court asserts that executive actions cannot override the judiciary, emphasising that arbitrary bulldozer demolitions without trial violate legal rights and constitutional principles

Govt floats Bill to set up dedicated commercial courts at district level

The Union law ministry has floated a draft Bill to amend the Commercial Courts Act which, among other things, proposes setting up of "dedicated" commercial courts at the district level. Seeking views of the public on the proposed amendments, the department of legal affairs in the law ministry has said that the aim is to provide further impetus to "quicker and specialised adjudication" of commercial disputes and "simplification of the applicable procedure" related to commercial dispute resolution in courts. According to the prevailing sub-section (1) of Section 3 of the Act, the state government after consulting the high court concerned constitutes such number of commercial courts at the district level as it may deem necessary. The proposed sub-section (1) of Section 3 of the draft 'The Commercial Courts (Amendment) Bill, 2024,' states that the state government, after consulting the high court concerned, can constitute such number of commercial courts at the district level, "includin

My shoulders broad enough to accept criticism: CJI D Y Chandrachud

At his farewell event, Justice Chandrachud says no greater feeling than serving the needy

Forensic probe all set to boost conviction rate in serious crime cases

With BNS making such investigation mandatory in serious crime cases that attract seven years' imprisonment or above, more and more criminals are likely to be brought to justice in the next five years

India may look to curb judges' arbitrary sentences for criminals

The pace of the trial and questions about the legal defence given to the accused fuelled concern among some rights advocates

Judiciary's independence doesn't mean delivering verdicts against govt: CJI

Chief Justice D Y Chandrachud on Monday said the independence of the judiciary does not mean always delivering verdicts against the government. Speaking at an event here organised by the Indian Express group, Chandrachud said there are pressure groups trying to get favourable verdicts by putting pressure on the courts by using electronic media. "Traditionally, judicial independence was defined as independence from the executive. Independence of the judiciary even now means independence from the government. But that is not the only thing in terms of judicial independence. "Our society has changed. Particularly with the advent of social media, you see interest groups, pressure groups and groups which are trying to use electronic media to put pressure on the courts to get favourable decisions," he said. Chandrachud, who demits office on November 10, said a lot of these pressure groups term the judiciary independent if judges decide in their favour. "'If you do not decide in my favour

No forward movement on 4 names reiterated by Collegium headed by CJI

There has been no forward movement on the names reiterated by the Supreme Court Collegium headed by Justice D Y Chandrachud for appointment as high court judges as he demits office as the chief justice of India on November 10. The collegium had in January 2023 reiterated the names of advocates Saurabh Kirpal for elevation as a judge of the Delhi High Court, R John Satyan as judge of the Madras HC, and Amitesh Banerjee and Sakya Sen as judges of the Calcutta High Court. The top court collegium had also reiterated the name of Somasekhar Sundaresan, also an advocate, as judge of the Bombay High Court in January 2023. In November that year, he was elevated as a judge of the Bombay HC. People aware of the procedure to appoint high court and Supreme Court judges said the files relating to Kirpal, Satyan, Banerjee and Sen are still pending with the government. In Januaary 2023, the Supreme Court collegium had for the second time reiterated the names of Banerjee and Sen for appointment as

FinMin can't treat DRT officers as subordinates, says Supreme Court

A bench of Justices Abhay S Oka and Augustine George Masih was hearing a matter related to lawyers' strikes at DRT Visakhapatnam

No place for derogatory language against women in courtrooms: CJI

Chief Justice of India D Y Chandrachud on Saturday said all forms of derogatory language, particularly against women, have no place in courts, noting that insensitive words can perpetuate stereotypes and may disproportionately affect women and marginalised communities. The CJI referred to complaints from women judicial officers about the use of derogatory language by some members of the administrative establishment towards women. Addressing a gathering at the inauguration of the North Goa District Courts Complex near Panaji, the CJI said, "We must actively work to dismantle all barriers to have truly democratic access to justice". "As we strive for inclusivity within our courtrooms, the language which we use must reflect our ethos. We must be vigilant in our choice of words ensuring that our language is not only precise but also respectful and intrusive," the CJI said. He said the insensitive or dismissive language can perpetuate stereotypes and may disproportionately affect women

Thriving constitutional order based on institutional trust in courts: CJI

Institutional trust in courts and their credibility is the very basis of a thriving constitutional order, Chief Justice of India (CJI) D Y Chandcrachud said on Wednesday. The CJI was speaking at the Bhutan Distinguished Speakers' Forum, a part of the Jigme Singye Wangchuck Lecture Series, on the subject of 'Judicial Legitimacy through accessibility, transparency and technology: the Indian experience'. Dealing with the issue of public trust, the CJI said that courts do not directly hold resources as trustees of people. But as public functionaries, the courts are vested with the responsibility to give effect to equity, and judicial bodies are not directly in charge of the manner in which resources are distributed, he said. "However, it does fall upon us to adjudicate the fairness of that distribution, should it be questioned," the CJI said. "Yet the courts of the country do require public trust and legitimacy. Institutional trust in the constitutional and other courts of the country

Will lay down law on HCs revoking orders dictated in open courts: SC

The Supreme Court on Friday said it will lay down the law on the issue of high courts revoking orders dictated in open courts after the top court came across a case in which the Madras HC quashed a money laundering case against a former IPS officer and later modified its direction and reheard the matter. A bench of Justices Abhay S Oka and Augustine George Masih stayed the proceedings in a money laundering case against former IPS officer M S Jaffer Sait registered in connection with an alleged illegal allotment of a Tamil Nadu Housing Board plot. The top court posted the matter for hearing on November 22. The apex court was hearing a plea filed by Sait, who contended that his case was reheard within days after allowing his plea for quashing of the proceedings in the matter. The SC bench had earlier sought report from from the Madras High Court's Registrar General on the issue. On September 30, after inspecting the report from the HC, the top court had called the decision of the h