Page 2 - Indian Judiciary

Despite SC push, several HCs yet to fall in line on tech implementation

The HCs in Andhra Pradesh, Gauhati (Arunachal Pradesh), Gauhati (Nagaland), and Tripura have yet to put in place the video conferencing rules

In a first, Kerala High court begins publishing judgements in vernacular

The judgements were passed by a division of Chief Justice S Manikumar and Justice Shaji P Chaly in January 2023, and the same were made available in Malayalam on the High Court's website recently

'It is a huge resource', SC begins live transcription of its hearing

The Supreme Court on Tuesday, on an experimental basis, began using artificial intelligence (AI) and natural language processing technology for live transcription of its hearings.

Former CJI UU Lalit backs Collegium system, says 'near-perfect model'

Former CJI Lalit said that they can be infirmities as some recommendations get dropped

Proposals for transfer of 10 HC judges under process: Kiren Rijiju

Proposals for transfer of 10 high court judges are under various stages of processing, Law Minister Kiren Rijiju told Lok Sabha on Friday. Rijiju's statement comes days after the Supreme Court expressed displeasure over Centre's delay in clearing recommendations for transfer of HC judges, saying it was a very serious issue. In his written reply, the minister asserted that "no timeline" has been prescribed in the Memorandum of Procedure (MoP) for transfer of judges from one high court to another. "As on February 06, 2023, proposals for transfer of 10 high court judges from one high court to other high courts are under various stages of processing," Rijiju said. He said judges of high courts are transferred according to the procedure laid down in the MoP prepared in 1998. As per the existing MoP, the proposal for transfer of high court judges is initiated by the Chief Justice of India in consultation with four senior-most judges of the Supreme Court, he pointed out. The MoP further

No provision for reservation in judiciary, says Kiren Rijiju in Parliament

The government informed Parliament on Thursday that the existing policy does not provide for reservation in the judiciary but judges, especially collegium members, have been told to keep in mind sections of people who are not represented adequately while making their recommendations for appointments of judges. During Question Hour in the Rajya Sabha, DMK leader Tiruchi Siva asked if the government would consider the possibility of introducing a reservation policy in the appointment of judges. Law and Justice Minister Kiren Rijiju said, "As per the existing policy and provision, there is no reservation in the Indian judiciary." "However, I have already reminded all the honourable judges, especially the collegium members, to keep in mind while recommending the names to include members from backward communities, women and other categories which are not represented adequately in the Indian judiciary," he added. Responding to a separate query on the pendency of cases in Gujarat, Ministe

SC to hear pleas, state laws related to religious conversions on March 17

The Supreme Court on Monday said that it will hear on March 17 pleas dealing with two separate issues of alleged fraudulent conversions and challenge to various state laws on religious conversions due to interfaith marriages respectively. A bench headed by Chief Justice DY Chandrachud was urged by lawyer Ashwini Upadhyay, who has filed a PIL in his personal capacity, that his plea against fraudulent religious conversions was distinct from the batch of petitions which are challenging the validity of various state laws on religious conversions. I am neither supporting the state laws nor opposing them. My petition deals with separate issue of fraudulent religious conversions, the lawyer told the bench which also comprised Justices PS Narasimha and JB Pardiwala. Upadhyay sought hearing on his PIL separately. All the petitions are before us on March 17, 2023, the CJI said and for the time being, ruled out the possibility of a separate hearing on the PIL. The PIL has sought direction to

There are no big or small cases for court, every matter is important: CJI

Maintaining that the Supreme Court has made a constant endeavour to ensure access to justice for everyone, Chief Justice D Y Chandrachud on Saturday said there are no big or small cases for the court and that every matter is important. Speaking at the 73rd anniversary of the establishment of the Supreme Court, he said every day, the Supreme Court has hundreds of cases on its docket and the judges and the staff of the Registry put up tremendous hard work to ensure their speedy disposal. CJI Chandrachud said the top court disposed of 12,471 cases in the last three months. "For the court, there are no big or small cases every matter is important. Because it is in the seemingly small and routine matters involving grievances of citizens that issues of constitutional and jurisprudential importance emerge. In attending to such grievances, the court performs a plain constitutional duty, obligation and function," he said. Between March 23, 2020, and October 30, 2022, the apex court heard 3

Nobody taking action against hate speeches despite our orders, laments SC

The Supreme Court on Thursday lamented that nobody was taking action against hate speeches despite its orders, and observed that the top court will be left "embarrassed again and again" if it is asked to give further directions to curb such statements. The court's strong observations were made by a bench comprising Justice K M Joseph, Justice Aniruddha Bose and Justice Hrishikesh Roy when a plea seeking to prohibit an event scheduled to be held on February 5 by the Hindu Jan Akrosh Morcha in Mumbai was mentioned for an urgent hearing. The bench agreed to hear the plea on Friday subject to instructions and approval from Chief Justice D Y Chandrachud on the administrative side. "We are with you on this, but understand that the Supreme Court cannot be triggered every time there is a rally notified. We have already passed an order which is clear enough. Just imagine rallies happening all across the country. Every time there will be an application before the Supreme Court. How can that b

SC to hear pleas against laws regulating religious conversions on Feb 3

The Supreme Court on Monday said it would hear on February 3 a batch of pleas challenging controversial state laws regulating religious conversions due to interfaith marriages. A bench comprising Chief Justice DY Chandrachud and justices PS Narasimha and JB Pardiwala noted that a transfer plea was mentioned in the morning. "We can list it, issue notice and hear it together. The transfer petition will also be numbered by then. The attorney general can also examine. We will hear all on Friday," the bench said. During the brief hearing, senior advocate CU Singh, appearing in the court on behalf of NGO "Citizens for Justice and Peace" of activist Teesta Setalwad, submitted that people cannot get married due to these state laws and the situation is very grave. Attorney General R Venkataramani submitted that these are state legislations that have been challenged before the apex court and the high courts concerned should hear the cases. The top court had earlier asked the parties challen

Put conversion matter before five-judge bench, says fresh application in SC

A fresh application has been moved before the Supreme Court urging that the matters related to alleged forcible religious conversions be taken up by a larger bench of five judges as they involve the interpretation of the Constitution. A three-judge bench headed by Chief Justice DY Chandrachud is scheduled to hear the batch of pleas on Monday against anti-conversion laws of several states regulating religious conversion due to interfaith marriages and on matters related to alleged forcible conversions. The fresh application is filed by advocate Ashwini Upadhyay, who is among the petitioners. He has asked the court to refer the petitions to a larger bench saying there are several questions of laws involved which require the interpretation of the Constitution. He raised questions like whether the previous judgments of this Court interpreting Article 25(1) of the Constitution are grossly erroneous in so far as they upheld the word propagate would include entitlement to convert. "Whethe

As vacancies pile up in high courts, gloves are off in Centre-SC showdown

The Central government is aggressively pursuing to have more say in judicial appointments claiming it will infuse transparency in the mechanism

Best of BS Opinion: Balance of powers, the growing divide, and more

Here is the best of Business Standard's opinion pieces for today

Balance of powers

The constitutional bedrock should stay untouched

Delhi HC recuses from hearing review plea challenging CJI's appointment

The bench was dealing with Sanjeev Kumar Tiwari's plea, which has now been referred before another bench

Dhankhar vs SC: Congress cites Naidu's remark that Constitution is supreme

Dhankhar's virtual censure of the judiciary had come following the apex court's remarks on the issue of the collegium system

Delays, even with no jurisdiction

Judicial overreach and appropriation of power are slowing the insolvency process

Judiciary expected to follow principle of separation of powers: Om Birla

Lok Sabha Speaker Om Birla on Wednesday said judiciary is expected to follow the principle of separation of powers as defined in the Constitution

SC recommends Malegaon blast accused's advocate as Bombay HC judge

The Bombay High Court at present has a strength of 65 judges against a sanctioned strength of 94

More SC, ST, OBC judges in district, subordinate courts than higher courts

Lower judiciary not well-represented in proportion to the population in some states like Odisha and West Bengal