Crisis in the higher judiciary has exploded with 4 Supreme Court judges going public with differences in the top court. Judiciary can’t ignore this storm any longer.
Former CJI A.S. Anand passed away on Saturday. He featured prominently in this ‘National Interest’ on the health of the judiciary, and a tough lesson in an editor’s life.
Justice Chelameswar didn’t have authority to constitute a bench; CJI didn’t have to hurriedly nullify the bench and constitute a new one, eminent jurist says.
Countering insurgency needs the Pakistan Army to demonstrate a political will that ties leaders at the centre with those in the borderlands. But it may not have the imagination.
Centre for Science and Environment in new report makes case for rationalising GST on waste material, saying most informal operators can’t afford high tax & it also hinders recycling.
21st edition of annual joint military exercise will be held from 1 to 16 September, aimed at sharing military tech, operational best practices & disaster relief coordination methods.
Standing up to America is usually not a personal risk for a leader in India. Any suggestions of foreign pressure unites India behind who they see as leading them in that fight.
Shekhar, this is the first article of yours I have read where I did not end up any wiser at all ! You have to take a stand on whether the press conference, which has damaged the top court the most, was the only resort available for course correction. The First Estate (I consider Judicial Review over and above the Legislature) going to the Fourth Estate ! For a ‘turf war’ ? what precedent are they setting ? Why did they not resign rather than going to press? Even if the CJI is wrong as they allege, the ‘due process’ must have been followed by these judges.
There is an Arab saying: ‘a camel is a horse made by a committee’. Our justice system is a camel anyway – and must be so because the ‘check and balance’ is the founding principle of a just democracy. Whatever little horse-ship is left with CJI, must not be taken away. If the judges do not like the heat, they should have gotten out of the kitchen rather than argue on the minor issues of pepper and salt.
1.I am a reader of National Interest since you started writing the column in the Indian Express;sometime in 1995.I even remember, vaguely the note on the first page of the Indian Express,highlighting the start of a new column.An Editor writing about National Interest? It was,(the title) a touch bordering on hubris for me then.
2.Today, the one column I refuse to miss reading for anything is this one.That also tells you as to how credible you are today,in the midst of unbearable partisan cacophony.
3.Yes,the CJI and his brother/sister Judges can rise up to the occasion,and use this crisis to take,sagely, defining,transformative decisions,making our democracy,and faith in our judiciary stronger.
3.Recently,we had reports of of our former Chief Election Commissioner moving into an old age home.That reminded me of the chaos he created for the political class when he was the CEC,the legal battles that ensued,and the credibility and strength of the multi member Election Commission today.(Despite the recent mishandling of the Gujarat dates)
4.For me,the Election Commission analogy is more pertinent.
5.The bigger challenge is that that the media machines,the what’sup warriors have already let loose their venom.
Stand up with the CJI hashtags have sprung up;blatantly false messages floated already. One egregious example is that Justice Chelameswar was against NJAC!
6.I am optimistic that the CJI and his fellow judges will keep aside personal egos,partisan politics,and do what is right for the country.
“… they aren’t dealing with a case involving the government or its dominant leader.” What about Justice Loya’s death? such “omissions of convenience” do not befit a senior journalist like you.. have some shame, the nation is in crisis. Surely you can see that.
This is same secrecy or silence which had been saving corrupt or pliable judges. Collegium is also a “save ourselves club” who wants to do everything hush-hush and do not want to face any scrutiny in the name of freedom. Constitution makers didn’t make Collegium but they themselves institutionalise it and called it basis structure.It is Good for judiciary that this division is in public, it will help them reform.That is what we hope.
Modi should refrain from copying IndiraGandhi.Hedoes not have that calibre.Whatever has happened Modi/BJP havesown the seeds for such outcome.Whole country is watching their DEMOLITION game one after another.Demontisation has already demolished BANKING and it the turn of JUDICIARYnow.
I think the four senior judges have been very fair, patient, understated. Two others have come forward in solidarity. Doubtless, among those who have not indicated their minds, it could be an almost even split. The most hopeful portent is the promise that it will be business as usual on Monday morning. Had the four judges said they could not possibly work in such a stultifying atmosphere, we would have had a full blown crisis on our hands, one the government could not have ducked. 2. The CJI retires in October. Each judge has his own temperament. What is being agitated at the moment is the administrative prerogative of constituting benches and assigning cases to them. The good judges are simply requesting that it be done in an impartial manner, along well set conventions and precedents. No forum shopping, to put it very candidly. That is not a difficult proposition for any CJI to concede. That should be the agenda for the weekend. 3. What if the weekend is not productive ? That press conference was also a call to arms. Great wisdom if those possibities are not explored. There are some compelling takeaways for the government as well. It would be gracious to drop the MoP obstruction. Let the collegium improve upon its existing procedures, as seems to be happening.
Why don’t these four judges complaints to the President of India before coming to Public. Have they lost confidence in the Constitutional authorities. If yes, then India democrace have all the right to lost faith on these four milord
कोंग्रेसी पूवॅ मुख्यमंत्री वीरभद्र सिंह कि बेटी हाईकोर्ट कि जज, हामिद अंसारी का बेटा फिरोज अंसारी जज, पूर्व मुख्यमंत्री गागोई का बेटा सुप्रींम कोर्ट का जज, पूर्व सुप्रींम कोर्ट का मुख्य न्याय़ाधिश ठाकुर भी कोंग्रेश के नेता का बेटा है
अब एक जज है जस्टिस गोगोई – ये असम का है और असम के पूर्व मुख्यमंत्री केशब चंद्र गोगोई का पुत्र है, केशब चंद्र गोगोई कांग्रेस के मुख्यमंत्री हुआ करते थे, और ये जज साहेब कोंग्रेसी मुख्यमंत्री के पुत्र है और इन लोगों के साथ घूम रहा है शेखर गुप्ता जैसा अफ़ज़ल प्रेमी, अवार्ड वापसी गैंग का कुख्यात पत्रकार, और ये लोग कह रहे है की देश का लोकतंत्र खतरे में है, भैया 2018 का साल है 2019 में चुनाव है, अब ऐसे सभी लोग सामने आते रहेंगे, क्यूंकि 2019 में कांग्रेस को चाहिए सत्ता इसल
Why should CJI spend time on a issue which has ‘ulterior’ and ‘Anti-India’ motives. Timing of these press-conference is very crucial. These four judges have made the press-coneference just after CJI has re-opened the 1984 sikh riots case. These four persons want to protect congress
In case of Justice Jasti Chelameswar, one of the prime movers in the revolt against CJI Dipak Misra on Friday, it was non-adherence to seniority in elevation to the SC as a judge that robbed him of the chance of becoming the CJI.
Justice Chelameswar was appointed as an HC judge on June 23, 1997, which was after the appointment of CJI Misra and his immediate predecessor Justice J S Khehar. Justice Misra was appointed as an HC judge on January 17, 1996 while Justice Khehar was appointed on February 8, 1999. But Justice Chelameswar became chief justice of Gauhati HC on May 3, 2007, much before Justice Khehar (November 29, 2009) and Justice Misra (December 23, 2009).
However, Justice Chelameswar’s seniority advantage of more than two years over Justices Khehar and Misra was nullified by the then collegium, which appointed Justice Khehar as an SC judge on September 13, 2011, nearly a month before Justices Misra and Chelameswar took oath on October 10, 2011.
Fate again played a trick with Justice Chelameswar as he took oath after Justice Misra, the latter, thus, becoming senior to him.
If seniority had taken its course, Justice Chelameswar would have taken over CJI on January 4, 2017 after the retirement of then CJI T S Thakur; ie, before even Justice Khehar, who was succeeded by Justice Misra on August 28, 2017.
With the collegium, along with destiny, deciding otherwise, Justice Chelameswar has never refrained from articulating his gripe about the games played in the collegium as it selects people as judges of the SC and HCs.
He had put this angst on record in his dissenting judgment as part of the five-judge bench, which by majority had quashed the NJAC which was meant to end collegium’s monopoly in the appointment of judges of HCs and SC.
So coming to the main point….If CJI Dipak Misra resigns or gets removed today Chelameswar will succeed him.
THE FOUNDATION OF JUDICIARY WAS ALREADY DAMAGED BY INDIRA GANDHI-CONGRESS-WAY BACK 1975 AND THERE WAS NO PRESSER- FEAR WAS THE KEY. IN FACT ALL INSTITUTIONS HAVE BEEN THOROUGHLY DAMAGED BY CONGRESS- PRESIDENT SELECTION- VP-CAG-PRESS – NAME THE INSTITUTION IT IS THERE.
HOW CAN BJP DO IT IN 3 YEARS AND THAT TOO WITH HYPERACTIVE SOCIAL MEDIA.\
FACT OF THE MATTER IS THERE 7-9 STATES GOING FOR ELECTION. Congress is loosing one by One- They tried the JIGNESH CIRCUS- NOW JUDICIARY- ALREADY SOWED THE SEED-NEXT WILL BE DEFENCE ( British ruled Indi with just 20000 officers- and with the help of 2000000 police&Military- Congress Will try new trick and again fail- CORRUPT MEDIA IS BEHIND THIS ALSO
Whether you like it or not it has become political. Your article has a lot of loaded messages. You all may be trying to trip Modi Govt. But people are seeing through your game plan. Many still remember how Shekhar Gupta was ripped apart by Shazia Ilmi on a panel discussion in NDTV calling him a power broker. Less said the better.
Shekhar, this is the first article of yours I have read where I did not end up any wiser at all ! You have to take a stand on whether the press conference, which has damaged the top court the most, was the only resort available for course correction. The First Estate (I consider Judicial Review over and above the Legislature) going to the Fourth Estate ! For a ‘turf war’ ? what precedent are they setting ? Why did they not resign rather than going to press? Even if the CJI is wrong as they allege, the ‘due process’ must have been followed by these judges.
There is an Arab saying: ‘a camel is a horse made by a committee’. Our justice system is a camel anyway – and must be so because the ‘check and balance’ is the founding principle of a just democracy. Whatever little horse-ship is left with CJI, must not be taken away. If the judges do not like the heat, they should have gotten out of the kitchen rather than argue on the minor issues of pepper and salt.
Dear Sir,
1.I am a reader of National Interest since you started writing the column in the Indian Express;sometime in 1995.I even remember, vaguely the note on the first page of the Indian Express,highlighting the start of a new column.An Editor writing about National Interest? It was,(the title) a touch bordering on hubris for me then.
2.Today, the one column I refuse to miss reading for anything is this one.That also tells you as to how credible you are today,in the midst of unbearable partisan cacophony.
3.Yes,the CJI and his brother/sister Judges can rise up to the occasion,and use this crisis to take,sagely, defining,transformative decisions,making our democracy,and faith in our judiciary stronger.
3.Recently,we had reports of of our former Chief Election Commissioner moving into an old age home.That reminded me of the chaos he created for the political class when he was the CEC,the legal battles that ensued,and the credibility and strength of the multi member Election Commission today.(Despite the recent mishandling of the Gujarat dates)
4.For me,the Election Commission analogy is more pertinent.
5.The bigger challenge is that that the media machines,the what’sup warriors have already let loose their venom.
Stand up with the CJI hashtags have sprung up;blatantly false messages floated already. One egregious example is that Justice Chelameswar was against NJAC!
6.I am optimistic that the CJI and his fellow judges will keep aside personal egos,partisan politics,and do what is right for the country.
Yours as ever,
Colonel Sekhar
“… they aren’t dealing with a case involving the government or its dominant leader.” What about Justice Loya’s death? such “omissions of convenience” do not befit a senior journalist like you.. have some shame, the nation is in crisis. Surely you can see that.
This is same secrecy or silence which had been saving corrupt or pliable judges. Collegium is also a “save ourselves club” who wants to do everything hush-hush and do not want to face any scrutiny in the name of freedom. Constitution makers didn’t make Collegium but they themselves institutionalise it and called it basis structure.It is Good for judiciary that this division is in public, it will help them reform.That is what we hope.
Modi should refrain from copying IndiraGandhi.Hedoes not have that calibre.Whatever has happened Modi/BJP havesown the seeds for such outcome.Whole country is watching their DEMOLITION game one after another.Demontisation has already demolished BANKING and it the turn of JUDICIARYnow.
I think the four senior judges have been very fair, patient, understated. Two others have come forward in solidarity. Doubtless, among those who have not indicated their minds, it could be an almost even split. The most hopeful portent is the promise that it will be business as usual on Monday morning. Had the four judges said they could not possibly work in such a stultifying atmosphere, we would have had a full blown crisis on our hands, one the government could not have ducked. 2. The CJI retires in October. Each judge has his own temperament. What is being agitated at the moment is the administrative prerogative of constituting benches and assigning cases to them. The good judges are simply requesting that it be done in an impartial manner, along well set conventions and precedents. No forum shopping, to put it very candidly. That is not a difficult proposition for any CJI to concede. That should be the agenda for the weekend. 3. What if the weekend is not productive ? That press conference was also a call to arms. Great wisdom if those possibities are not explored. There are some compelling takeaways for the government as well. It would be gracious to drop the MoP obstruction. Let the collegium improve upon its existing procedures, as seems to be happening.
great article
Why don’t these four judges complaints to the President of India before coming to Public. Have they lost confidence in the Constitutional authorities. If yes, then India democrace have all the right to lost faith on these four milord
तीन साल पहले तक देश की न्याय व्यवस्था सर्वश्रेष्ठ थी। हर गरीब को न्याय मिल रहा था।
निर्दोष जेल से बाहर और अपराधी अंदर थे।
1984 के दंगा पीड़ित हो, या भोपाल गैस कांड के विक्टिम, जेसिका, आरुषि सबको न्याय मिल रहा था।
अभी अचानक देखो कैसे न्याय व्यवस्था चरमरा गई।
कुर्सी का खेल
कोंग्रेसी पूवॅ मुख्यमंत्री वीरभद्र सिंह कि बेटी हाईकोर्ट कि जज, हामिद अंसारी का बेटा फिरोज अंसारी जज, पूर्व मुख्यमंत्री गागोई का बेटा सुप्रींम कोर्ट का जज, पूर्व सुप्रींम कोर्ट का मुख्य न्याय़ाधिश ठाकुर भी कोंग्रेश के नेता का बेटा है
कोंग्रेस की औलादों से भरे पड़े है मिलार्ड
अब एक जज है जस्टिस गोगोई – ये असम का है और असम के पूर्व मुख्यमंत्री केशब चंद्र गोगोई का पुत्र है, केशब चंद्र गोगोई कांग्रेस के मुख्यमंत्री हुआ करते थे, और ये जज साहेब कोंग्रेसी मुख्यमंत्री के पुत्र है और इन लोगों के साथ घूम रहा है शेखर गुप्ता जैसा अफ़ज़ल प्रेमी, अवार्ड वापसी गैंग का कुख्यात पत्रकार, और ये लोग कह रहे है की देश का लोकतंत्र खतरे में है, भैया 2018 का साल है 2019 में चुनाव है, अब ऐसे सभी लोग सामने आते रहेंगे, क्यूंकि 2019 में कांग्रेस को चाहिए सत्ता इसल
Why should CJI spend time on a issue which has ‘ulterior’ and ‘Anti-India’ motives. Timing of these press-conference is very crucial. These four judges have made the press-coneference just after CJI has re-opened the 1984 sikh riots case. These four persons want to protect congress
In case of Justice Jasti Chelameswar, one of the prime movers in the revolt against CJI Dipak Misra on Friday, it was non-adherence to seniority in elevation to the SC as a judge that robbed him of the chance of becoming the CJI.
Justice Chelameswar was appointed as an HC judge on June 23, 1997, which was after the appointment of CJI Misra and his immediate predecessor Justice J S Khehar. Justice Misra was appointed as an HC judge on January 17, 1996 while Justice Khehar was appointed on February 8, 1999. But Justice Chelameswar became chief justice of Gauhati HC on May 3, 2007, much before Justice Khehar (November 29, 2009) and Justice Misra (December 23, 2009).
However, Justice Chelameswar’s seniority advantage of more than two years over Justices Khehar and Misra was nullified by the then collegium, which appointed Justice Khehar as an SC judge on September 13, 2011, nearly a month before Justices Misra and Chelameswar took oath on October 10, 2011.
Fate again played a trick with Justice Chelameswar as he took oath after Justice Misra, the latter, thus, becoming senior to him.
If seniority had taken its course, Justice Chelameswar would have taken over CJI on January 4, 2017 after the retirement of then CJI T S Thakur; ie, before even Justice Khehar, who was succeeded by Justice Misra on August 28, 2017.
With the collegium, along with destiny, deciding otherwise, Justice Chelameswar has never refrained from articulating his gripe about the games played in the collegium as it selects people as judges of the SC and HCs.
He had put this angst on record in his dissenting judgment as part of the five-judge bench, which by majority had quashed the NJAC which was meant to end collegium’s monopoly in the appointment of judges of HCs and SC.
So coming to the main point….If CJI Dipak Misra resigns or gets removed today Chelameswar will succeed him.
Point to be noted my lord.
THE FOUNDATION OF JUDICIARY WAS ALREADY DAMAGED BY INDIRA GANDHI-CONGRESS-WAY BACK 1975 AND THERE WAS NO PRESSER- FEAR WAS THE KEY. IN FACT ALL INSTITUTIONS HAVE BEEN THOROUGHLY DAMAGED BY CONGRESS- PRESIDENT SELECTION- VP-CAG-PRESS – NAME THE INSTITUTION IT IS THERE.
HOW CAN BJP DO IT IN 3 YEARS AND THAT TOO WITH HYPERACTIVE SOCIAL MEDIA.\
FACT OF THE MATTER IS THERE 7-9 STATES GOING FOR ELECTION. Congress is loosing one by One- They tried the JIGNESH CIRCUS- NOW JUDICIARY- ALREADY SOWED THE SEED-NEXT WILL BE DEFENCE ( British ruled Indi with just 20000 officers- and with the help of 2000000 police&Military- Congress Will try new trick and again fail- CORRUPT MEDIA IS BEHIND THIS ALSO
Whether you like it or not it has become political. Your article has a lot of loaded messages. You all may be trying to trip Modi Govt. But people are seeing through your game plan. Many still remember how Shekhar Gupta was ripped apart by Shazia Ilmi on a panel discussion in NDTV calling him a power broker. Less said the better.