Judiciary

April 24 marks 50 years since the Supreme Court delivered its verdict in the landmark Kesavananda Bharati case, ruling that Parliament cannot amend the basic structure of the Constitution. The judgement was delivered on April 24, 1973, by a 13-judge bench of the Supreme Court after a hearing that lasted 66 days.

https://scroll.in/article/1046693/50-years-ago-the-sc-ruled-on-the-constitutions-basic-structure-what-went-on-behind-the-scenes 

The verdict that provided a firewall to the constitutional edifice continues to be debated till date. Since late last year, the judiciary and the government have been engaged in a war of words over the basic structure doctrine. The debate has seen remarks by Chief Justice of India DY Chandrachud, Vice President Jagdeep Dhankar and Law Minister Kiren Rijiju.

by Faisal CK

24/04/2023

One of these 11 former judges had once confined his 30-year-old daughter at home to stop her from marrying her boyfriend from a different caste. Another was referred to as an “uncle judge” by the Bar Council because a relative of his worked as an advocate in the same court. Yet another called a Supreme Court justice from the minority community “communal” purely on the basis of his religion. All 11 have worked for the government in various capacities after their retirement.

https://thewire.in/law/at-least-11-of-21-former-judges-opposing-same-sex-marriage-are-not-as-sanskari-as-they-seem 

The open letter by the 21 retired judges raises several pertinent questions. First, do judges have any business quoting Bharatiya traditions while passing judgment, or is their allegiance bound by the Constitution alone? Next, are the former judges only frightened by threats to Bharatiya culture or are they beholden to the government because many of them have or had post-retirement jobs?

by Vrinda Gopinath

12/04/2023

इस शख़्स ने भेजी थी CJI Ranjan Gogoi को Ayodhya Verdict की सुनवाई के बीच में चिट्ठी। Kitabi Baatein https://www.youtube.com/watch?v=TPJCIyWXC-s The Lallantop  Apr 5, 2023 In today’s 16th episode of Kitabi Baatein, we have picked Former Chief Justice of India, Ranjan Gogoi's autobiography, "Justice for the Judge" published by Rupa. This autobioraphy gives us an inside detail account of various important events of India's legal history, including Ayodhya Judgement, the press conference by 4 judges of the supreme court against the institution and Gogoi's regret of dealing a sexual harrasment case while he was the CJI.

 'Sealed Cover Procedure Fundamentally Against Judicial Process, Want To End It' : Supreme Court To Centre In OROP Case LIVELAW  20 Mar 2023 https://www.livelaw.in/top-stories/sealed-cover-procedure-fundamentally-against-judicial-process-want-to-end-it-supreme-court-to-centre-in-orop-case-224203

Attorney General for India R Venkatramani presented a sealed cover note before the bench led by Chief Justice of India DY Chandrachud. However, the bench flatly refused to accept the sealed cover note and stated that it has to be shared with the other side.

When CJI asked the AG to share the note with Senior Advocate Huzefa Ahmadi (who is representing the ex-servicemen), AG said, "It is confidential". However, CJI wondered what can be the secrecy here as the issue relates to the implementation of the Court orders.

"I am personally averse to sealed covers. What happens is, we see something, he does not see. And we decide the case without showing it to him. This is fundamentally contrary to the judicial process. There cannot be secrecy in the Court. The Court has to be transparent. Secrecy it is understandable in a case diary...the accused in not entitled to it, or something which affects the source of information or affects somebody's life. But this is payment of pension in pursuance of directions in our judgment. What can be the great secrecy in this? ", CJI told the AG.

AG however said that there are some "issues of sensitivity".  "When you claim privilege, we have to decide that claim",CJI stated.

"We need to put an end to this sealed cover procedure which is being followed in the Supreme Court because then the High Courts will also start following. And this is fundamentally contrary to basic process of fair justice", CJI reiterated.

केंद्र सरकार के सीलबंद लिफ़ाफ़े पर भड़के D.Y. Chandrachud, दे दिया बड़ा आदेश https://www.youtube.com/watch?v=JmR-o0vd2iI