I have to follow the position laid down by law: CJI on rethinking Collegium system

New Delhi: Chief Justice of India (CJI) D.Y. Chandrachud on Friday said that he has to follow the position laid down by law in relation to the appointment of judges in the Supreme Court and High Courts by the Collegium system.

“You have the freedom to pursue your heart’s desire. I am a servant of the law and the Constitution. I have to follow the position laid down by law,” CJI Chandrachud told an advocate in open court who suggested that the Supreme Court must think of reforming the Collegium system and process of ‘senior designation’ of advocates.

Presently, the committee comprising the Chief Justice of India (CJI) and four senior-most judges of the Supreme Court, commonly called the Collegium, sends the recommendation for the appointment of a judge to the apex court as per the 1993 Second Judges Case.

The Collegium basically decides who will be appointed as a judge to the Supreme Court or a High Court. As per convention, the government is obliged to accept the Collegium’s recommendation if the decision has been reiterated. Commonly called “judges selecting judges”, in this system, judges are appointed and transferred only by judges.

In 2015, a five-judge Constitution Bench struck down the Centre’s idea of the National Judicial Appointments Commission (NJAC) to replace the Collegium system.

Article 124(2) of the Constitution provides that “Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose.”

The Supreme Court in October this year dismissed a plea filed by a Mumbai-based lawyer challenging designation of senior advocates under the Advocates Act, 1961
IANS

‘My work is over here’: Justice Gangopadhyay ends judicial career with recommendation for action against district judge

Kolkata: Calcutta High Court's Justice Abhijit Gangopadhyay on Monday ended his career on the bench with a recommendation for proceedings against a district judge in West Bengal's East Midnapore. He...

Cash-for-query row: Delhi HC rejects interim injunction against ‘defamatory’ posts on Mahua Moitra

New Delhi: The Delhi High Court on Monday refused to grant interim relief to Trinamool Congress leader Mahua Moitra in a defamation suit against BJP MP Nishikant Dubey and lawyer...

Delhi HC exempts custom duties on medicines for rare diseases

New Delhi: The Delhi High Court has said that custom duties and charges will not be applied to medicines, drugs, and therapies used for treating rare diseases. This decision comes...

Delhi court acquits 3 men in false rape case, orders action against accuser

New Delhi: A Delhi court has acquitted three men accused of gang rape and kidnapping, citing the misuse of law by the accuser. Additional Sessions Judge Jagmohan Singh of Rohini...

MPs/MLAs cannot claim immunity from prosecution for engaging in bribery: SC

New Delhi: A 7-judge Constitution Bench of the Supreme Court on Monday overruled a 1998 judgment granting immunity to legislators from criminal prosecution for accepting bribes to make a speech...

Delhi court extends Siodia, Sanjay Singh’s judicial custody in excise policy case till March 7

New Delhi: A Delhi court on Saturday extended the judicial custody of former Delhi Deputy Chief Minister, Manish Sisodia, and AAP MP, Sanjay Singh, in the excise policy case by...

Delhi HC overturns CIC directive to reveal Ram Temple Trust’s tax info

New Delhi: The Delhi High Court has overturned an order by the Central Information Commission (CIC), which had mandated the Central Board of Direct Taxes (CBDT) to disclose information about...

SC refuses to entertain Asaram Bapu’s plea seeking suspension of sentence in rape case

New Delhi: The Supreme Court on Friday refused to entertain a plea filed by self-styled godman, Asaram Bapu, seeking suspension of sentence on medical grounds. Asaram has been serving life...

Men can be victims of sexual assault too, observes Kerala HC

Kochi: The Kerala High Court on Wednesday observed that men too can be victims of sexual assault, not just women. "Sexual assault is not confined to girls, it happens to...

Calcutta HC allows central fact-finding team, LoP to visit Sandeshkhali

Kolkata: The Calcutta High Court on Wednesday, while acting on two separate petitions, permitted the central fact-finding team and Leader of Opposition (LoP) in West Bengal Assembly, Suvendu Adhikari, to...

Land-for-job case: Delhi court grants regular bail to ex-Bihar CM Rabri Devi, daughters

New Delhi: A Delhi court on Wednesday granted regular bail to former Bihar Chief Minister and RJD chief LaluPrasad's wife Rabri Devi and her daughters -- Misa Bharti and Hema...

Hindu petition seeks to restrict entry on terrace of Gyanvapi cellar

Varanasi (UP): The Hindu side in the Gyanvapi case filed a new petition on Wednesday at the Varanasi district court, seeking to stop the entry into the terrace of the...

Read Previous

Stop fighting, let’s focus on climate justice, children plead to COP28 dignitaries

Read Next

Kerala HC seeks CM Vijayan, others’ response in misuse of power case

Leave a Reply

Your email address will not be published.

WP2Social Auto Publish Powered By : XYZScripts.com