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
The Supreme Court has rechristened its traditional summer vacations as "partial court working days". The change assumes significance in the wake of the recent criticism from various quarters that the top court enjoys long breaks. The development was a part of an amendment in Supreme Court Rules, 2013, which have now become Supreme Court (Second Amendment) Rules, 2024, notified on November 5. "The length of the partial court working days and the number of holidays for the court and the offices of the court shall be such as may be fixed by the Chief Justice and notified in the official gazette so as not to exceed ninety-five days excluding Sundays," read the notification. It further stated that the Chief Justice may appoint one or more judges to hear during partial court working days or holidays, all admissions, after notice, regular matters of urgent nature or such other matters "as the Chief Justice may direct". The existing system had the Supreme Court taking the summer and winte
The government on Monday notified the constitution of the 23rd Law Commission for a period of three years, with serving Supreme Court and high court judges as its chairperson and members. The term of the 22nd law panel ended on August 31. According to a law ministry order issued late Monday through a gazette notification, the panel will have a full-time chairperson and four full-time members including member-secretary. The secretary of the Department of Legal Affairs and the secretary of the Legislative Department will be its ex-officio members. There cannot be more than five part-time members, according to the order. It said the chairperson/members of the Law Commission "who are serving judges of the Supreme Court/High Court shall perform their functions on a whole-time basis up to the date of retirement from the Supreme Court/High Court or expiry of the term of the Commission, whichever be earlier". The time spent by them in the performance of such functions as chairperson/ Memb
The government has forwarded recommendations of a parliamentary committee on staggered vacation for judges to the secretary general of the Supreme Court and registrars general of 25 high court for "appropriate consideration". In a written reply in Lok Sabha on Friday, Law Minister Arjun Ram Meghwal said the standing committee on law and personnel had referred to the suggestion of former chief justice of India R M Lodha that instead of all judges going on vacations, all at one time, individual judges should take their leave at different times of the year so that the courts are constantly open and they are always present to hear cases. The committee was of the opinion that Justice Lodha's suggestion on court vacations should be considered by the Judiciary. "Accordingly, the recommendation of the Rajya Sabha DRPSC (department-related standing committee) in respect of the aforementioned subject was forwarded by the government to the Secretary General, Supreme Court and all Registrars
Former Supreme Court and high court judges expressed concerns over attempts by certain factions 'to undermine the judiciary through calculated pressure, misinformation, and public disparagement'
Justice Varale, who is currently the Chief Justice of the Karnataka High Court, was appointed as a judge of the Supreme Court (SC) on Wednesday
There have been several instances where judges have acknowledged this practice as feudal and not discouraged anyone from using the term "Sir"
Kerala's Health Minister Veena George condoled her death by saying that the demise of Justice Beevi was extremely painful
The government is more opaque than the collegium and this opacity of the executive in appointment of judges to higher judiciary has to go, former Supreme Court judge Justice (retd) Madan B Lokur has said. Lokur, who was part of the collegium during his judgeship days, batted for the existing collegium system of judges appointing judges in constitutional courts but acknowledged that it needed some changes for which discussions were necessary. The appointment of judges through the collegium system has often become a flashpoint between the Supreme Court and the Centre, with the mechanism drawing criticism from different quarters. The former judge was responding to a query on non-elevation of worthy high court judges like Justice S Muralidhar, the former Chief Justice of the Orissa High Court, to judgeship in the Supreme Court. I have repeatedly been saying that the collegium system is the best available method of appointment of judges, but it needs some changes. This needs discussion.
The Supreme Court on Thursday said it will pass a common order in several nine-judge and seven-judge bench matters, including those relating to money bills and the speaker's power to disqualify MLAs, to get them ready for hearing. A seven-judge bench headed by Chief Justice D Y Chandrachud took up six seven-judge and four nine-judges matters for consideration. One of the seven-judge bench matters pertains to the correctness of the 2016 Nabam Rebia verdict relating to the speaker's power on disqualification of MLAs. It was pronounced by a five-judge Constitution bench. "... The idea is to get these matters ready for hearing. We will pass a common order in all these matters in terms of the circular of August 22, 2023 that the compilation of pleadings, documents and precedents that must be all filed within say... we will give three weeks to everyone," the CJI said. "We will appoint nodal counsel in every matter who will then prepare a common compilation," said the bench, also compris
With 70 collegium recommendations still stuck with the government, the Supreme Court on Tuesday expressed its dismay over the "delay" in the appointment of judges and asked the attorney general to use his office to resolve the issue. After a bench of justices Sanjay Kishan Kaul and Sudhanshu Dhulia raised the matter, Attorney General R Venkataramani sought a week's time to come back with instructions on the pending recommendations for judges' appointment to the high court. "Today, I am quiet because the attorney general has sought a very short time, next time I will not be quiet. Use your good office to see these issues are resolved," Justice Kaul told Venkataramani during the hearing. The bench said, "There were 80 recommendations pending until last week when 10 names were cleared. Now, the figure is 70, of which 26 recommendations are of transfer of judges, seven are reiterations, nine are pending without being returned to the collegium and one case is of appointment of the Chief
The Collegium in its resolution said that it resolves to recommend the appointments of Justice Ujjal Bhuyan, and Justice S Venkatanarayana Bhatti by following the order of seniority
It is imperative to establish a robust mechanism to address gender-based misconduct as the creation of an inclusive environment sends the message that women in sports deserve respect and protection from discrimination and harassment, Supreme Court judge Hima Kohli said. Justice Kohli spoke at a national seminar on 'Women Empowerment through Sports' on Friday. She called for policy reforms to promote women's empowerment through sports and said such policies should establish mechanisms to address gender-based violence, discrimination and harassment in the field of sports. "While judicial pronouncements serve as guiding lights, effective policy reforms are equally essential in promoting women's empowerment through sports," she said in her inaugural speech at the event organised by the Campus Law Centre, University of Delhi. "These policies should examine various facets, including ensuring equal opportunities, providing financial backup and establishing mechanisms for reporting and ...
A Supreme Court bench headed by Justice KM Joseph on Monday recused from hearing a plea challenging appointment of Arun Goel as Election Commissioner. A bench of Justices Joseph and BV Nagarathna said, "List the matter before another bench". Before the bench recused from hearing, the top court questioned NGO 'Association for Democratic Reforms' for challenging Goel's appointment and asked it to show which rules were violated. It said after the appointment of a person to a constitutional post, presumptions cannot be made that he will act unfairly, arbitrarily or will be "yes man". The bench said the petition has relied on a March 2 verdict of the apex court which had ruled that the appointment of the Chief Election Commissioner and ECs will be done by the President on the recommendation of a committee, comprising the prime minister, Leader of the Opposition in Lok Sabha and the CJI, to maintain the "purity of election". In the lengthy verdict, the five-judge bench had said it was .
The govt may now come back with a modified version of the NJAC bill whereby the practice of judges appointing themselves is stopped
Responding to a grievance against its registry for allegedly not following the rules on listing of cases, the Supreme Court said on Wednesday it is easy to be irresponsible in making such allegations. It said judges of the top follow discipline in such matters. A bench headed by Chief Justice DY Chandarchud was hearing lawyers mentioning issues with regard to cases arising from a cash-for-job scam in Tamil Nadu being listed before different judges. Senior advocate Dushyant Dave said while the registry of the apex court is working hard and there are rules it is bound to follow on listing of cases arising from the same issue, the cases in the present instance were being placed before two different judges. Mr Dave, it is always easy to be irresponsible in your allegations against the registry. You have the liberty to criticise everybody under the sun. We as judges of this court have to follow some discipline and I will follow it by looking at the matter in the evening and assign it to
Stressing the importance of continuous learning, Justice B R Gavai of the Supreme Court said on Sunday that law is not static but dynamic and changes should be taken into account by legal practitioners. Justice Gavai was speaking at the closing ceremony of the 19th K K Luthra Memorial Moot Court at the Campus Law Centre of Delhi University. He said law students today are "lucky" as they get both legal and practical education and added that in his time, "law school was considered a last resort". According to a statement, "He stated that the practice of law is an eternal process of learning and that one must continue to learn until the end of one's career.... Law by its nature is not static but dynamic, and changes should be taken into account because the law and the Constitution are for the people." The Campus Law Centre hosted the moot court in the memory of noted jurist K K Luthra. The international moot court saw participation from 96 institutions from India and countries such a
Virtual court hearings have increased efficiency and it is necessary to utilise this system for which a vast infrastructure has been created and even large amount of money sanctioned by the government, Supreme Court Judge Justice Sanjay Kishan Kaul said on Sunday. Speaking at the concluding session of the four-day long Delhi Arbitration Weekend', Justice Kaul said when the world was hit by the COVID-19 pandemic, the international arbitration community shifted to the virtual system and gradually virtual or hybrid hearings will become a norm and physical hearings will become an exception. To keep the wheels of justice moving as much as possible, we introduced virtual hearing in courts and India being a developing country, faced infrastructural and connectivity issues but it did not take long for the stakeholders to find a way of operating efficiently, he said. Justice Kaul was speaking on the topic Arbitration Vision 2030: What the Future Beholds?' I would say the virtual system has
The appointment of former judges to other constitutional posts has long been a matter of debate in India
President Droupadi Murmu has signed the warrants of appointment of Justices Rajesh Bindal and Justice Aravind Kumar to the Supreme Court