The Supreme Court collegium had recommended Punjab & Haryana High Court judge Ramendra Jain be made permanent, but Modi govt only extended his term by six months.
Justice A.P. Shah also says 4 judges who have questioned Chief Justice of India didn’t breach any code of conduct and had instead upheld constitutional values.
Despite growing passenger volume, 11 out of 14 carriers reported losses in 2023-24. IndiGo recorded profit of Rs 8,167 crore, which reduced to Rs 7.253 crore in 2024-25.
Of the total package, $649 million will be utilised for additional hardware, software, and support services, and the remaining for Major Defence Equipment (MDE).
None of Pakistan’s PMs has lasted 5 years. That the current PM has given Asim Munir 5 years shows that of all military dictatorships history has seen, Pakistan’s is most creative.
Was justice K M Joseph’s father was judge of supreme Court? Is this is his biggest qualification due to which he has been recommended by collegium superceding more than 40 senior judges and 12 chief justice of various high courts. If it is true Modi Govt is right as dynasty rule has to end in all institutions.
Government should never be allowed to sit in judgement of any court higher or lower.otherwise, one day government will take over all the functions of pillars of democracy.Probably CJI is too occupied with his personal problems
AS EXPECTED GOI is delaying judicial appointments and only extending the term at its whims and fancies. This is putting Judiciary at its worst freedom.
Better appoint Rahul gandi, Kapil Cbl, AKAntony as members to safeguard independence of the judiciary. And invitees may be Lallu, Mamta, Mayavati and Chandra duos from South. Democracy n independence will be very safe in the hands of these patriots
Whatever the defects or drawbacks in the conduct of the judiciary, this act of the Government is a blatant violation of the law. Dipak Misra is the Bhiveeshna of the Golden Lanka, called judiciary. He has been used by the politicians, because of his past dubious conduct as a lawyer to undermine the judicary and the democracy.
So the judiciary has it. The latest happening of justice Jain’s extension instead of confirmation and not clearing the case of justice Joseph for appointment at Supreme court by the executive and keeping low profile by CJ on the issues is an indication of his being hand in gloves with the executive and the sell off has been returned as an undeclared bargain in the form of a great gift to CJ of out rightly turning down of impeachment motion against him.. Clearly the country’s judiciary is on sell out mode and the days ahead are very dim for citizens aspiring to avail justice when in difficulties. Where the country is going ,only god knows. We can pray for the democratic rights of citizens of country to be safeguarded.
Here become such an ibroligo as a conflicting situation leading to win the game that who is powerful. It is unprecedented fight between the judiciary and the executive.
I think the executive’s inroads into the so called ‘independence ‘ is directly proportional to the loss of trust of the institution among the people . The days of justice Mahajan /Gajendra gadkar/Koka Subbarao are gone.
Like other professions judges are also pron to corruption and laziness. They set on a simple cases for years without any accountability. As we know “late justice is like justice denied” for common people. Recommendations of collossium is send to president via home ministry to check the background of the concerned judges through the information collected by IB and other intelligence agencies. When there is any serious case against the judges then recommendation of the concerned judges is returned to Supreme court collossium with IB report for reconsideration. Same things is happened in some cases.
Like other professionals judges are also pron to corruption and laziness. They set on a simple cases for several years without any accountability. As we know “late justice is like justice denied” for common people. Recommendations of collossium is send to president via home ministry to check the background of the concerned judges through the information collected by IB and other intelligence agencies. When there is any serious case against the judges then recommendation of the concerned judges is returned to Supreme court collossium with report for reconsideration. Same things is happened in some cases.
What ever is posted is the general feeling of the masses-a kind of perceptions in the public at large.As we all know that no system can be ineffective in totality nor any system maybe flawless.Therefore possiblity of betterment is always there.Let us try to search for that without any prejudice.
The very idea of formation of NJAC was discaded by the Apex Court in the pretext of indipendence of judiciary and Motesque s dooctrin of separation of power.Who so ever keeps a watch on recommendation of names made by the Colagium for the post of High Court Judges comes to a conclusion that the persons included in the list more often than not are blue bloods having ancestral or family Nexus with Uncle judges or brother judges. Even they are from specific social group of state particular.Some times Politicians in connivance with beurocrats also see
the names of their favorites included in the list of probables.Push pull ,hook or crook every thing is tried.The judges who are promoted from HJS are product of a transparent process.The comment never precludes that the whole process of judges selection is faulty but it needs be more transparent and linked with internal check and balances.While looking for course correction sense of supremacy,omnipotence, utter honesty should not come to obstruct the passage for nuances.However, Constitutional limits along with need of the hour -transparent system for the appointment of Judges,is also to be given top priority.All wisdom available is to be harnessed and honed to find the much expected solution of the problem.Jai Hind,Jai Bhart,Long Live Democracy.
Hello dear readers ,one line comment ,be it between govt of the day and the apex court ” jiski lathi uski bhais (might is right) tug of war amongst,elected v/s constitutional court of the land. May God save the nation.
While reading the Article the conditions of initial appointments in government jobs began to come to mind. Appointment on probation initially for one year – if services found satisfactory by the employer or the appointing authority during this period it is extended for one more year. Now, if the Government has to decide if a High Court Judge is to be made permanent on the post then what remains to ensure justice! Does it not become a relationship between the Master & the Servant? Is a Judge then servant of the Government?
The judiciary itself has been guilty of usurping powers and privileges not its own over the last few decades.
But the real culprit in this matter, and in a lot of issues related to deficiencies in our country’s governance, is the flawed constitutional structure and arrangement which was, at its very outset, unsuited for a vast, sub-continent sized country. The situation has been made worse by the various progressively power-centralizing constitutional amendments over the decades.
In a democracy, the judiciary has no business being allowed the authority to arbitrarily select, appoint and promote judges of the higher courts by itself!
The judiciary must, as far as feasible, reflect the diversity and pluralism of the society in its composition, and must be institutionally accountable to the people, both directly and indirectly.
Moreover, a country of the size of India has to have a decentralised judicial structure. The High Courts ought to be the final courts of jurisdiction and appeal in all matters except constitutional questions, and questions involving international and inter-state matters. A country with such a large proportion of poor and less educated has to have a maximum of a two-tier system of appeals to minimise the cost of justice.
Our judiciary and judicial system fulfils neither needs.
Ok this is the classic example of how an institution crumbles indirectly when a compromised chief justice is appointed its head.
People saying that judges can not appoint themselves and above scrutiny take a different opinion for the chief justice abusing master of the roaster position.
Sheer opportunistic approach of such kind of judges which are after retirement govt postings(Kerala governer) to not resist the govt misdeeds resulted in this dangerous situation.
Unless collegium system becomes objective and transparent totally, this govt headed by criminals will corrode this institution resulting in a committed higher judiciary as is the case in Nepal today.
Poor article.he did not mentioned name of judge who has questioned the decision. Only by saying that one chief justice said or one retired judge said, clearly shows that the writer has given his own thoughts in the name of other.
Could someone please bring to light the countries in which the collegium system is operative. The British legal system is what is being followed in India. Could this someone also tell us if the system of appointments being followed currently in Britain is the same as in India.
The crux of the impeachment motion against the CJI is that he is a silent spectator or to add is a partner to all government moves. May be he is the next NHRC chairman. The Modi government is directly making the SC it’s wing as it did in the case of EC. I was listening to the comments of BJP spokesperson soon after the impeachment motion is moved that the congressional trying to intimidate SC. The actions and inactions of the government does says who is intimidating. The CJI is slowly removing the word Honourable from their names.
The ongoing tussle between the executives and the higher judiciary speaks volumes about the real inside story which is fast assuming some dangerous proportions. In fact, all this could be centred around “who’s the real boss?”
There is a need to have a check and balance mechanism in any system. Otherwise, the system will soon go out of control. Both sides need to discuss and resolve this mechanism with the premise that judiciary’s independence will not be compromised. This kind of confrontation is certainly avoidable.
Democracy should prevail in a free country.People must have a say in the functioning of the country.who else can represent the country except the elected representatives.It is always good to understand the truth and reason and arrive at conclusion.What is wrong of people are consulted.Justice should prevail.
The Government should assert its supremacy in the matter of appointment, transfer of Judges to the higher Judiciary. In the present case only giving a six month extension to Justice Jain of Punjab and Haryana High Court and not making Justice Jain a Permanent Judge as recommended by the Collegium. This is a most welcome step of the Government. It is high time Courts and Justices are shown their limits . The common ordinary citizens of this Country have hugely suffered under this system of Judges appointing Judges – it is the prerogative of the people of this Country to choose a system which suits them best. There is hardly any transparency in the present system – hearing of cases are held up for years’ without any reason or on flimsy pretext and there is no accountability. Parliament is the supreme decision making body in a Democracy and the NJAC Act passed by the Parliament should govern the Appointment and tranfer of Judges to higher Judiciary. Independence of Judiciary does not mean that absolute powers are vested in the Judiciary – which is exactly the case now .. Judges should themselves not seen as above the law
Since 2014 government intended to snatch appointment procedure and it is highly unlikely in interest of public at large. Judiciary independents is necessary looking to currant situation.
Since 2014 government intended to snatch appointment procedere and it is highly unlikely in interest of public at large. Judiciary independents is necessary looking to currant situation.
Latest news of extending tenure of Justice Rajendra Jain directly without the knowledge of CJI is violating the settled constitutional provision as the same comes under SCs power . This is the threat to the independence of judiciary & destroying the democratic value of the country .
Chairman of RajyaSabha is a trustee of upper house of Parliament & impeachment motion rejection straight way by giving illogical reason of having no substance in the case medical college case.
Ashok Goel
Adv
Pb & Hy High Court
Chandigarh
Clear breach of convention by Govt. At the same time, the collegium system is also suspect. Best to constitute a standing committee of the CJI and two senior SC Judges, the Attorney General. two retired CJIS who had held the position for the longest periods and two of the senior-most advocates of the SC. They make decide on appointments by minimum 75% concurrence
Constitution is not amended to give rights to SC collegium to have absolute right in the appointment of judges. Constitution still says president will appoint judge in consultation with Chief justice of India. Government did amend the constitution to bring in a good system. NJAC amendment was a good move to bring transparency in the judicial system.
Now government should go for confrontation and take supremacy given to the parliament by the constitution. People of the country know courts are not working and no one is getting justice (unless you are ready to give up an arm).
I like the government pushing back judiciary which is already on thin ice. As an optimist I am looking for a good outcome in the future.
BJP government is right. The collegium has been found to promote Bhai bhatiyaawaad in so many cases recommended by them. It even recommended a judge against whom enquiries for sexual assault of a woman judge was going on. Why had the collegium not yet finalized on the MOP for judges recommendation. No where your writer mentions that.
What is bhai bhatijavad? What people outside know about judges? Judges know better about their own colleagues and so their recommendations ought not to be questioned. Govt.’s way of appointments can be seen in appointments made thru Public Enterprises Selection Board, Banking board and various other boards where criteria of final appointments are total opaque and would not like to deliberate on public forum. Perhaps times are coming when same system is being thought of in judicial appointments. And, that day would be a Black day for Indian Democracy.
Was justice K M Joseph’s father was judge of supreme Court? Is this is his biggest qualification due to which he has been recommended by collegium superceding more than 40 senior judges and 12 chief justice of various high courts. If it is true Modi Govt is right as dynasty rule has to end in all institutions.
Government should never be allowed to sit in judgement of any court higher or lower.otherwise, one day government will take over all the functions of pillars of democracy.Probably CJI is too occupied with his personal problems
AS EXPECTED GOI is delaying judicial appointments and only extending the term at its whims and fancies. This is putting Judiciary at its worst freedom.
Better appoint Rahul gandi, Kapil Cbl, AKAntony as members to safeguard independence of the judiciary. And invitees may be Lallu, Mamta, Mayavati and Chandra duos from South. Democracy n independence will be very safe in the hands of these patriots
Whatever the defects or drawbacks in the conduct of the judiciary, this act of the Government is a blatant violation of the law. Dipak Misra is the Bhiveeshna of the Golden Lanka, called judiciary. He has been used by the politicians, because of his past dubious conduct as a lawyer to undermine the judicary and the democracy.
So the judiciary has it. The latest happening of justice Jain’s extension instead of confirmation and not clearing the case of justice Joseph for appointment at Supreme court by the executive and keeping low profile by CJ on the issues is an indication of his being hand in gloves with the executive and the sell off has been returned as an undeclared bargain in the form of a great gift to CJ of out rightly turning down of impeachment motion against him.. Clearly the country’s judiciary is on sell out mode and the days ahead are very dim for citizens aspiring to avail justice when in difficulties. Where the country is going ,only god knows. We can pray for the democratic rights of citizens of country to be safeguarded.
Chaiwala & Motu Shah want to control everything, they will destroy the country if not thrown out of power!
Here become such an ibroligo as a conflicting situation leading to win the game that who is powerful. It is unprecedented fight between the judiciary and the executive.
I think the executive’s inroads into the so called ‘independence ‘ is directly proportional to the loss of trust of the institution among the people . The days of justice Mahajan /Gajendra gadkar/Koka Subbarao are gone.
Like other professions judges are also pron to corruption and laziness. They set on a simple cases for years without any accountability. As we know “late justice is like justice denied” for common people. Recommendations of collossium is send to president via home ministry to check the background of the concerned judges through the information collected by IB and other intelligence agencies. When there is any serious case against the judges then recommendation of the concerned judges is returned to Supreme court collossium with IB report for reconsideration. Same things is happened in some cases.
Like other professionals judges are also pron to corruption and laziness. They set on a simple cases for several years without any accountability. As we know “late justice is like justice denied” for common people. Recommendations of collossium is send to president via home ministry to check the background of the concerned judges through the information collected by IB and other intelligence agencies. When there is any serious case against the judges then recommendation of the concerned judges is returned to Supreme court collossium with report for reconsideration. Same things is happened in some cases.
Has any one ever tried to know how many names recommended by the collegium in the past are directly related to any sitting Judge or a retired Judge.
What ever is posted is the general feeling of the masses-a kind of perceptions in the public at large.As we all know that no system can be ineffective in totality nor any system maybe flawless.Therefore possiblity of betterment is always there.Let us try to search for that without any prejudice.
The very idea of formation of NJAC was discaded by the Apex Court in the pretext of indipendence of judiciary and Motesque s dooctrin of separation of power.Who so ever keeps a watch on recommendation of names made by the Colagium for the post of High Court Judges comes to a conclusion that the persons included in the list more often than not are blue bloods having ancestral or family Nexus with Uncle judges or brother judges. Even they are from specific social group of state particular.Some times Politicians in connivance with beurocrats also see
the names of their favorites included in the list of probables.Push pull ,hook or crook every thing is tried.The judges who are promoted from HJS are product of a transparent process.The comment never precludes that the whole process of judges selection is faulty but it needs be more transparent and linked with internal check and balances.While looking for course correction sense of supremacy,omnipotence, utter honesty should not come to obstruct the passage for nuances.However, Constitutional limits along with need of the hour -transparent system for the appointment of Judges,is also to be given top priority.All wisdom available is to be harnessed and honed to find the much expected solution of the problem.Jai Hind,Jai Bhart,Long Live Democracy.
Hello dear readers ,one line comment ,be it between govt of the day and the apex court ” jiski lathi uski bhais (might is right) tug of war amongst,elected v/s constitutional court of the land. May God save the nation.
While reading the Article the conditions of initial appointments in government jobs began to come to mind. Appointment on probation initially for one year – if services found satisfactory by the employer or the appointing authority during this period it is extended for one more year. Now, if the Government has to decide if a High Court Judge is to be made permanent on the post then what remains to ensure justice! Does it not become a relationship between the Master & the Servant? Is a Judge then servant of the Government?
The judiciary itself has been guilty of usurping powers and privileges not its own over the last few decades.
But the real culprit in this matter, and in a lot of issues related to deficiencies in our country’s governance, is the flawed constitutional structure and arrangement which was, at its very outset, unsuited for a vast, sub-continent sized country. The situation has been made worse by the various progressively power-centralizing constitutional amendments over the decades.
In a democracy, the judiciary has no business being allowed the authority to arbitrarily select, appoint and promote judges of the higher courts by itself!
The judiciary must, as far as feasible, reflect the diversity and pluralism of the society in its composition, and must be institutionally accountable to the people, both directly and indirectly.
Moreover, a country of the size of India has to have a decentralised judicial structure. The High Courts ought to be the final courts of jurisdiction and appeal in all matters except constitutional questions, and questions involving international and inter-state matters. A country with such a large proportion of poor and less educated has to have a maximum of a two-tier system of appeals to minimise the cost of justice.
Our judiciary and judicial system fulfils neither needs.
Ok this is the classic example of how an institution crumbles indirectly when a compromised chief justice is appointed its head.
People saying that judges can not appoint themselves and above scrutiny take a different opinion for the chief justice abusing master of the roaster position.
Sheer opportunistic approach of such kind of judges which are after retirement govt postings(Kerala governer) to not resist the govt misdeeds resulted in this dangerous situation.
Unless collegium system becomes objective and transparent totally, this govt headed by criminals will corrode this institution resulting in a committed higher judiciary as is the case in Nepal today.
Poor article.he did not mentioned name of judge who has questioned the decision. Only by saying that one chief justice said or one retired judge said, clearly shows that the writer has given his own thoughts in the name of other.
Could someone please bring to light the countries in which the collegium system is operative. The British legal system is what is being followed in India. Could this someone also tell us if the system of appointments being followed currently in Britain is the same as in India.
The crux of the impeachment motion against the CJI is that he is a silent spectator or to add is a partner to all government moves. May be he is the next NHRC chairman. The Modi government is directly making the SC it’s wing as it did in the case of EC. I was listening to the comments of BJP spokesperson soon after the impeachment motion is moved that the congressional trying to intimidate SC. The actions and inactions of the government does says who is intimidating. The CJI is slowly removing the word Honourable from their names.
The ongoing tussle between the executives and the higher judiciary speaks volumes about the real inside story which is fast assuming some dangerous proportions. In fact, all this could be centred around “who’s the real boss?”
There is a need to have a check and balance mechanism in any system. Otherwise, the system will soon go out of control. Both sides need to discuss and resolve this mechanism with the premise that judiciary’s independence will not be compromised. This kind of confrontation is certainly avoidable.
Democracy should prevail in a free country.People must have a say in the functioning of the country.who else can represent the country except the elected representatives.It is always good to understand the truth and reason and arrive at conclusion.What is wrong of people are consulted.Justice should prevail.
The Government should assert its supremacy in the matter of appointment, transfer of Judges to the higher Judiciary. In the present case only giving a six month extension to Justice Jain of Punjab and Haryana High Court and not making Justice Jain a Permanent Judge as recommended by the Collegium. This is a most welcome step of the Government. It is high time Courts and Justices are shown their limits . The common ordinary citizens of this Country have hugely suffered under this system of Judges appointing Judges – it is the prerogative of the people of this Country to choose a system which suits them best. There is hardly any transparency in the present system – hearing of cases are held up for years’ without any reason or on flimsy pretext and there is no accountability. Parliament is the supreme decision making body in a Democracy and the NJAC Act passed by the Parliament should govern the Appointment and tranfer of Judges to higher Judiciary. Independence of Judiciary does not mean that absolute powers are vested in the Judiciary – which is exactly the case now .. Judges should themselves not seen as above the law
I back the govt move.
It is most unfortunate development blurring the difference between BJP and upa. will the Pm wake up to restore constitutional ethos?
Modi’fied bjp is the most corrupt regime on earth & far worse than idi amin and the same fate awaits this criminal too.
Since 2014 government intended to snatch appointment procedure and it is highly unlikely in interest of public at large. Judiciary independents is necessary looking to currant situation.
Since 2014 government intended to snatch appointment procedere and it is highly unlikely in interest of public at large. Judiciary independents is necessary looking to currant situation.
Judiciary can not be a law unto themselves. In India they enjoy too much of freedom
Independence of the judiciary is being challenged.Possibly the end.
Latest news of extending tenure of Justice Rajendra Jain directly without the knowledge of CJI is violating the settled constitutional provision as the same comes under SCs power . This is the threat to the independence of judiciary & destroying the democratic value of the country .
Chairman of RajyaSabha is a trustee of upper house of Parliament & impeachment motion rejection straight way by giving illogical reason of having no substance in the case medical college case.
Ashok Goel
Adv
Pb & Hy High Court
Chandigarh
Clear breach of convention by Govt. At the same time, the collegium system is also suspect. Best to constitute a standing committee of the CJI and two senior SC Judges, the Attorney General. two retired CJIS who had held the position for the longest periods and two of the senior-most advocates of the SC. They make decide on appointments by minimum 75% concurrence
Constitution is not amended to give rights to SC collegium to have absolute right in the appointment of judges. Constitution still says president will appoint judge in consultation with Chief justice of India. Government did amend the constitution to bring in a good system. NJAC amendment was a good move to bring transparency in the judicial system.
Now government should go for confrontation and take supremacy given to the parliament by the constitution. People of the country know courts are not working and no one is getting justice (unless you are ready to give up an arm).
I like the government pushing back judiciary which is already on thin ice. As an optimist I am looking for a good outcome in the future.
BJP government is right. The collegium has been found to promote Bhai bhatiyaawaad in so many cases recommended by them. It even recommended a judge against whom enquiries for sexual assault of a woman judge was going on. Why had the collegium not yet finalized on the MOP for judges recommendation. No where your writer mentions that.
What is bhai bhatijavad? What people outside know about judges? Judges know better about their own colleagues and so their recommendations ought not to be questioned. Govt.’s way of appointments can be seen in appointments made thru Public Enterprises Selection Board, Banking board and various other boards where criteria of final appointments are total opaque and would not like to deliberate on public forum. Perhaps times are coming when same system is being thought of in judicial appointments. And, that day would be a Black day for Indian Democracy.