Judiciary
Gowri’s elevation has been the centre of controversy ever since her name was recommended by the Supreme Court collegium on January 17. Lawyers highlighted disparaging comments she had made about Christians and Muslims to argue that she is unfit to be made a judge. However, with the swearing-in ceremony concluded and the court refusing to interfere, Justice Gowri’s appointment is secure, for now.
Gowri, a lawyer from Tamil Nadu, was recommended for a Madras High Court judgeship by the Supreme Court collegium, comprising the chief justice of India and two senior-most Supreme Court judges. After that, it was pointed out on social media that Gowri was the National General Secretary of the Bharatiya Janata Party women’s wing. Then on January 30, Article 14 reported about Gowri’s interviews and writings where she had made derogatory comments about Christians and Muslims.
by Umang Poddar
07/02/2023
Not Parliament, but Constitution is supreme: Chidambaram reacts to Jagdeep Dhankhar's remarks on judiciary Dhankhar's virtual censure of the judiciary had come following the apex court's remarks on the issue of the collegium system
Vice President Dhankhar on Wednesday had said "one-upmanship and public posturing" from judicial platforms is not good and these institutions must know how to conduct themselves. Dhankhar's virtual censure of the judiciary had come following the apex court's remarks on the issue of the collegium system.
Addressing the 83rd All India Presiding Officers Conference in Jaipur, Dhankar had again criticised the scrapping of NJAC Act in 2015 and questioned the landmark 1973 Kesavananda Bharati case verdict, saying it set a wrong precedent and that he disagrees with the Supreme Court ruling that Parliament can amend the Constitution but not its basic structure. https://www.deccanherald.com/national/national-politics/dhankhar-slams-one-upmanship-from-judicial-platforms-says-cannot-have-ostrich-like-stance-1180062.html
The "basic structure" doctrine was evolved in order to prevent a majoritarian-driven assault on the foundational principles of the Constitution, the former Union minister said. "Suppose Parliament, by a majority, voted to convert the parliamentary system into a Presidential system. Or repeal the State List in Schedule VII and take away the exclusive legislative powers of the States. Would such amendments be valid?" Chidambaram said in a series of tweets.
After the NJAC Act was struck down, nothing prevented the government from introducing a new Bill, the senior Congress leader said.
In cases involving Central agencies, courts seem to be especially cautious.
https://scroll.in/article/1040465/why-is-the-bombay-high-court-staying-its-own-bail-orders
In three instances in the past three months, the Bombay High Court has suspended the operation of its own bail order, despite giving bail to an accused on merits. All of these were matters involving central agencies, which asked for a stay since they want to challenge the order before the Supreme Court.
While these stays are legally valid, several legal experts say that such orders are unfair, given that they curtail a person’s liberty.
by Umang Poddar
03/01/2023
Bail might seem like a minor procedural issue for a constitutional court to weigh in on, but the reality of the Indian criminal legal system is such that bail is often the beginning, middle, and end of any case. The latest available prison statistics, from 2020, released by the government, indicate that 76.1% of all the prison inmates in India are undertrials. These are people who have never been found guilty of any crime. They have, in fact, never even had their day in court. The vast majority are likely to be eligible for bail.
Bail isn’t a matter of undue solicitousness to a criminal class. A foundational plank of civilised society is that we do not punish people without due process of law. Unless we seriously think that every person who is charged with a crime is guilty of that crime – and if we do, why have criminal trials at all – we should be concerned that lakhs of people who may be innocent are being held in prison for years.
Bail petitions are not frivolous or extraneous or a waste of time. As Chief Justice of India DY Chandrachud said, seemingly in response to Rijiju: “No case is small for the Supreme Court as it has the duty to interfere in matters of personal liberty”.
by Sunishth Goyal & Ananda Burra
19/12/2022
क्यों सुप्रीम कोर्ट में बार-बार डांट खाती है सरकार ? https://www.youtube.com/watch?v=ONOqt63p6EY Nov 28, 2022
क्या सरकार सुप्रीम कोर्ट का पूर्ण सम्मान नहीं करती है? 2018 में केरल सरकार सुप्रीम कोर्ट के आदेश को लागू कर रही थी। अमित शाह ने कहा था कि सुप्रीम कोर्ट ऐसे आदेश नहीं दे सकता, जिसे लागू नहीं किया जा सकता। यह पहली बार नहीं है जब सरकार ने कोर्ट को चुनौती दी है। इन मामलों में कोर्ट की चुप्पी टूटती भी रही है लेकिन अभी तक संतुलन क़ायम नहीं हो सका। चुनाव आयुक्त की नियुक्ति का मामला हो या आज जजों की नियुक्ति को लेकर सुप्रीम कोर्ट की फटकार का मामला हो, साफ़ है सरकार सुप्रीम कोर्ट के सामने पारदर्शी नहीं है। इसी पर आज की टिप्पणी है।