The Supreme Court of India is the country’s apex court and the final place for an appeal. Its judgments are binding on all other courts, and it serves as the final interpreter of the Constitution.
The Supreme Court came into existence on 26 January 1950, the day the Constitution came into force. The first Chief Justice of the Supreme court was Justice H.J. Kania. Consisting of the Chief Justice of India and 30 other judges, it has extensive powers in the form of original, appellate and advisory jurisdictions. As the final court of appeal, the Supreme Court takes up appeals primarily against verdicts of the high courts of various states of the Union and other courts and tribunals. It safeguards fundamental rights of citizens and settles disputes between various governments in the country.
CJI Gogoi was also a member of the Gang of Four who defied the propriety of the Apex court with political motive. Also He sat jn judgement in his case and made the complainant the Acused!His sermons of chastity is of Whore!The Collegium itself is nothing short of the Hammer to finished opponents only.
When the lawyers ask a judge to recuse himself, they are effectively doing forum hunting. This is simply impermissible. Litigant cannot chose before whom he has to argue his case. But, recent recusal of five judges in Gautham Navlakha’s case is alarming. Can the judges refuse to decide the matter assigned to them? Can an IAS Babu refuse to do work assigned to him? When a string of five judges recuse themselves from hearing an alleged Naxal supporter’s case, we are alarmed. We wonder in what way these judges were directly or indirectly associated with the accused?
When the Supreme Court becomes like this, a country has little hope.
When a lawyer asks to recuse and he gives cogent reasons, such as the Arun Mishra having overturned several years of precedent in the land case, it is justified to asked them to recuse, as the Hindu says. If another bench agrees with mishra, then there is no judicial issue of error or propriety else the constitutional bench is clouded with such problems.