Whatever be the political system of governance, people across nations aspire for an independent judicial system to serve them, said Gogoi at a Shanghai Cooperation Organisation conference.
Justice Kurian Joseph has expressed ‘regret’ for his view on the National Judicial Appointments Commission, which he and three other judges struck down in 2015 as unconstitutional.
The judiciary has become cocooned while being the supreme force for transparency elsewhere. The complainant against CJI Gogoi has laid bare this hypocrisy.
Open to public feedback until 26 November, the revised guidelines, among other changes, give CA firms more flexibility to advertise & promote their services.
Bihar is blessed with a land more fertile for revolutions than any in India. Why has it fallen so far behind then? Constant obsession with politics is at the root of its destruction.
The author is not aware of the fact that before independence there were no separation of Judiciary from Executive amd the then Code of criminal Procedure permitted the appointment of ICS Officers as Magistrates. Back then there were no separate judicial service and judges were appointed from either existing ICS or directly from Bar. After the enactment of Constitution, the State is required to observe separation of Judiciary from Executive. Moreover Unlike IAS, IPS, the Judiciary is quite specific and Only people having knowledge of Law can be appointed as Judges. The Author is not aware of the fact that the HJS Exam is almost similar to lateral entry through which Candidates from Bar can be appointed as judges. The author even though being an Additional Chief Secretary is completely ignorant of some basics notion of our constitution and Judiciary.
The HJS examination which allows advocates of 35 years of age with 7 years practice to appear in the exam and the same time, depriving the judicial officers of the same duration of service from it.. is alike the system of lateral entry in IAS! If anything needs to be improved further, then this exam should be made open to all law grads of 35 years old and 7 years or practice or service experience to avail a chance to jump into HJS!
Why not agree with you but then his direct quota should also become 100% other than 25 % present system
Why not agree with you but then this direct quota should also become 100% other than 25 % present system
Despite nearly unanimous negative opinion of other commentators on the idea proposed by the writer here, I see merit in it.
First of all I want to thank Sanjay for educating us about Justice B N Rau. Many among us aren’t aware that he was behind drafting GoI act 1935 and consequently our constitution.
I believe that in our effort to isolate judiciary to achieve fairness we have created this silo in this important branch of our government. Now this silo has acquired life. It’s not just an isolated branch of the government, it’s a now trying to encroach in the space of other two branches. We have ended up with incompetent, unethical, political and mediocre judiciary.
There is another relevant aspect I want to address here,. In selecting judges, CBI chiefs or the chiefs of other national institutions through selection committees, our practice of assigning equal vote to parties other than the government which represents will of the people, is plain wrong. Vetting a candidate by all cannot be mixed with selecting the candidate. Our current (and even proposed) selection process gives rise to the conflict what Indira Gandhi called “committed Judiciary”.
Committed or not, judiciary has to be in sync with changing times. We don’t want commissars in judiciary but we also don’t want “ideologically committed” judiciary.
Andher Nagri, Chaupat Raja. The entire system is rotten. Lying, distortion and other forms of intellectual dishonesty are endemic among IAS officers, advocates and Judges (including HC and SC Judges) honourable exceptions apart. What we have, unfortunately, may be described as “win-at-any-cost-culture”. The root cause of the problem is “rat-race” at all levels of the machinery. This is the crux of my experience of more than 30 years. Despite two favourable Judgments of SC dated 30.8.1988 and 29.1.2014, I am on the road for the last more than 30 years. Black robes, white lies. Small men, big egos. Justice is the means by which established injustices are sanctioned. For details: Moral Re-Armament Centre (Honesty-Purity-Unselfishness-Love). Vijay Kumar Agarwal, Ex-IAS. Mobile: 9560172716. Phone: 011-22485508
Before 1947 there were any number of Indian ICS officers who were judges of various High Courts. I remember Justices Bhandari, Khosla and Dulat of the Punjab High Court.
They joined the judiciary as Sessions Judges.
The bureaucracy and the judiciary are as compatible as oil and water. Not a great idea. The precedent of the ICS is outdated; those were simpler times. Nowadays even judges of the apex court sometimes struggle with the complexity of the issues that come before them. Take the tangle of telecom for example. The “ lateral entry “ the judiciary perhaps needs a little more of is inducting people of the caliber of Justice Fali Nariman and Justice Indu Malhotra into the apex court directly from the Bar.
Justice Rohinton Nariman, I am sure he would not mind his worthy father being elevated …
Separation of judiciary is the key factor under article 50 which needs to be understood properly. This instant thought should be replaced by exceeding the retirement age of Indian judges.
Original thought. Will be good to move honest career IAS officers into judiciary for their last 5 to 10 years and induct more laterally through UGC (not Niti Aayog). Would be a good balance on both sides.
After go through this article again burEcatic anarchy is easily accessible….Without any doubt author and other members who recognize india is a democratic system but civil servants are still feel themselves king without crowns..Or simply still they want to work in dictatorship manner…Lateral entry gives hope for the system which is collapsing because of redtapism
Australia’s mid level managers are more efficient than indian Babu’s …..And judiciary is all about lateral entry mr author whether it’s HJS OR HIGH COURT JUDGE OR DIRECT SUPREME COURT JUDGE…WHY are you paining for lateral entry in indian bureaucracy?????
The author is not aware of the fact that before independence there were no separation of Judiciary from Executive amd the then Code of criminal Procedure permitted the appointment of ICS Officers as Magistrates. Back then there were no separate judicial service and judges were appointed from either existing ICS or directly from Bar. After the enactment of Constitution, the State is required to observe separation of Judiciary from Executive. Moreover Unlike IAS, IPS, the Judiciary is quite specific and Only people having knowledge of Law can be appointed as Judges. The Author is not aware of the fact that the HJS Exam is almost similar to lateral entry through which Candidates from Bar can be appointed as judges. The author even though being an Additional Chief Secretary is completely ignorant of some basics notion of our constitution and Judiciary.
The HJS examination which allows advocates of 35 years of age with 7 years practice to appear in the exam and the same time, depriving the judicial officers of the same duration of service from it.. is alike the system of lateral entry in IAS! If anything needs to be improved further, then this exam should be made open to all law grads of 35 years old and 7 years or practice or service experience to avail a chance to jump into HJS!
Why not agree with you but then his direct quota should also become 100% other than 25 % present system
Why not agree with you but then this direct quota should also become 100% other than 25 % present system
Despite nearly unanimous negative opinion of other commentators on the idea proposed by the writer here, I see merit in it.
First of all I want to thank Sanjay for educating us about Justice B N Rau. Many among us aren’t aware that he was behind drafting GoI act 1935 and consequently our constitution.
I believe that in our effort to isolate judiciary to achieve fairness we have created this silo in this important branch of our government. Now this silo has acquired life. It’s not just an isolated branch of the government, it’s a now trying to encroach in the space of other two branches. We have ended up with incompetent, unethical, political and mediocre judiciary.
There is another relevant aspect I want to address here,. In selecting judges, CBI chiefs or the chiefs of other national institutions through selection committees, our practice of assigning equal vote to parties other than the government which represents will of the people, is plain wrong. Vetting a candidate by all cannot be mixed with selecting the candidate. Our current (and even proposed) selection process gives rise to the conflict what Indira Gandhi called “committed Judiciary”.
Committed or not, judiciary has to be in sync with changing times. We don’t want commissars in judiciary but we also don’t want “ideologically committed” judiciary.
Vijay Rajvaidya
India Currents, Inc.
Andher Nagri, Chaupat Raja. The entire system is rotten. Lying, distortion and other forms of intellectual dishonesty are endemic among IAS officers, advocates and Judges (including HC and SC Judges) honourable exceptions apart. What we have, unfortunately, may be described as “win-at-any-cost-culture”. The root cause of the problem is “rat-race” at all levels of the machinery. This is the crux of my experience of more than 30 years. Despite two favourable Judgments of SC dated 30.8.1988 and 29.1.2014, I am on the road for the last more than 30 years. Black robes, white lies. Small men, big egos. Justice is the means by which established injustices are sanctioned. For details: Moral Re-Armament Centre (Honesty-Purity-Unselfishness-Love). Vijay Kumar Agarwal, Ex-IAS. Mobile: 9560172716. Phone: 011-22485508
Before 1947 there were any number of Indian ICS officers who were judges of various High Courts. I remember Justices Bhandari, Khosla and Dulat of the Punjab High Court.
They joined the judiciary as Sessions Judges.
The bureaucracy and the judiciary are as compatible as oil and water. Not a great idea. The precedent of the ICS is outdated; those were simpler times. Nowadays even judges of the apex court sometimes struggle with the complexity of the issues that come before them. Take the tangle of telecom for example. The “ lateral entry “ the judiciary perhaps needs a little more of is inducting people of the caliber of Justice Fali Nariman and Justice Indu Malhotra into the apex court directly from the Bar.
Justice Rohinton Nariman, I am sure he would not mind his worthy father being elevated …
Separation of judiciary is the key factor under article 50 which needs to be understood properly. This instant thought should be replaced by exceeding the retirement age of Indian judges.
Original thought. Will be good to move honest career IAS officers into judiciary for their last 5 to 10 years and induct more laterally through UGC (not Niti Aayog). Would be a good balance on both sides.
I want efficient private courts
After go through this article again burEcatic anarchy is easily accessible….Without any doubt author and other members who recognize india is a democratic system but civil servants are still feel themselves king without crowns..Or simply still they want to work in dictatorship manner…Lateral entry gives hope for the system which is collapsing because of redtapism
Australia’s mid level managers are more efficient than indian Babu’s …..And judiciary is all about lateral entry mr author whether it’s HJS OR HIGH COURT JUDGE OR DIRECT SUPREME COURT JUDGE…WHY are you paining for lateral entry in indian bureaucracy?????