News Analysis India

Tag: Chief Justice of India

  • Power Games: PMO denies extension to Gadkari’s key men in NHAI

    Express News Service

    Tension WithinPMO denies extension to Gadkari’s key men in NHAI

    Prime Minister Narendra Modi-headed Appointments Committee of the Cabinet has rejected a proposal sent by the National Highways Authority of India (NHAI) for extending the tenure of its two top officials – Member (Technical) Mahabir Singh and Member (Projects) Manoj Kumar. They look after the critical aspects of the NHAI, India’s largest road and bridge builder. Sources said Singh and Kumar are considered close to Union Minister for Road Transport and Highways Nitin Gadkari. The NHAI, which functions under Gadkari’s ministry, had sought a two-year extension for these officers. Mahabir Singh was appointed NHAI’s Member (Technical) in July 2020 for three years. His term expires this month-end. Manoj Kumar’s term has also come to an end. According to sources, the Prime Minister’s Office was not happy with the performance of the two officers.

    Pulling Apart BJP’s RS pick brings focus on division of Bengal

    The BJP leadership’s choice of Ananta Rai Maharaj as its candidate to represent West Bengal in the Rajya Sabha has reignited the debate on the division of West Bengal and the formation of a separate state comprising some districts of north Bengal and Assam. Ananta Rai is a leader of Koch-Rajbanshis and has been a votary of a separate state of ‘Greater Cooch Behar”. Rai heads the Greater Cooch Behar People’s Association, working to carve out a separate state from Bengal.

    The BJP-led Union government is also in talks with Jibon Singha, chief of the Kamtapur Liberation Organisation (KLO). KLO has been engaged in an armed struggle to create a separate state comprising north Bengal districts. Several BJP legislators from north Bengal have openly backed the demand for the division of Bengal. Union Minister of State for home affairs Nisith Pramanik, an MP from north Bengal, had earlier responded to a question about his government’s plan to divide Bengal by saying, “decision will be taken keeping in mind the people’s sentiments”. Pramanik accompanied Rai when the latter filed his nomination in the West Bengal assembly. The chatter for a new state is getting louder.

    Legislating for Lawmakers Cong may change stand on instant disqualification

    Chief Justice of India D Y Chandrachud’s comments last week that the courts cannot put a life ban on politicians who have been convicted and barred from contesting election has triggered discussion in the Congress on the disqualification issue. The CJI made the comment while hearing a petition on the period of disqualification filed in 2016. It was the Supreme Court’s decision in the Lily Thomas Vs Union of India case in 2013 that resulted in the instant disqualification of MPs, MLAs and MLCs, who are convicted in a criminal case for two years or more. The then Congress-led government had moved swiftly to overturn the Supreme Court’s decision by bringing in an ordinance. But it was thwarted by Rahul Gandhi who tore the ordinance in a press conference calling it “complete nonsense”. This forced the government not to pass a bill to turn the ordinance into law. The party’s opinion on the issue has, however, changed over time, primarily as it feels that “the ruling BJP was using flimsy grounds to get lawmakers disqualified”. Sources said Congress is now in sync with other opposition parties who plan to bring in laws to protect lawmakers from being targeted by the central government.

    Tension Within
    PMO denies extension to Gadkari’s key men in NHAI

    Prime Minister Narendra Modi-headed Appointments Committee of the Cabinet has rejected a proposal sent by the National Highways Authority of India (NHAI) for extending the tenure of its two top officials – Member (Technical) Mahabir Singh and Member (Projects) Manoj Kumar. They look after the critical aspects of the NHAI, India’s largest road and bridge builder. Sources said Singh and Kumar are considered close to Union Minister for Road Transport and Highways Nitin Gadkari. The NHAI, which functions under Gadkari’s ministry, had sought a two-year extension for these officers. Mahabir Singh was appointed NHAI’s Member (Technical) in July 2020 for three years. His term expires this month-end. Manoj Kumar’s term has also come to an end. According to sources, the Prime Minister’s Office was not happy with the performance of the two officers.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    Pulling Apart 
    BJP’s RS pick brings focus on division of Bengal

    The BJP leadership’s choice of Ananta Rai Maharaj as its candidate to represent West Bengal in the Rajya Sabha has reignited the debate on the division of West Bengal and the formation of a separate state comprising some districts of north Bengal and Assam. Ananta Rai is a leader of Koch-Rajbanshis and has been a votary of a separate state of ‘Greater Cooch Behar”. Rai heads the Greater Cooch Behar People’s Association, working to carve out a separate state from Bengal.

    The BJP-led Union government is also in talks with Jibon Singha, chief of the Kamtapur Liberation Organisation (KLO). KLO has been engaged in an armed struggle to create a separate state comprising north Bengal districts. Several BJP legislators from north Bengal have openly backed the demand for the division of Bengal. Union Minister of State for home affairs Nisith Pramanik, an MP from north Bengal, had earlier responded to a question about his government’s plan to divide Bengal by saying, “decision will be taken keeping in mind the people’s sentiments”. Pramanik accompanied Rai when the latter filed his nomination in the West Bengal assembly. The chatter for a new state is getting louder.

    Legislating for Lawmakers 
    Cong may change stand on instant disqualification

    Chief Justice of India D Y Chandrachud’s comments last week that the courts cannot put a life ban on politicians who have been convicted and barred from contesting election has triggered discussion in the Congress on the disqualification issue. The CJI made the comment while hearing a petition on the period of disqualification filed in 2016. It was the Supreme Court’s decision in the Lily Thomas Vs Union of India case in 2013 that resulted in the instant disqualification of MPs, MLAs and MLCs, who are convicted in a criminal case for two years or more. The then Congress-led government had moved swiftly to overturn the Supreme Court’s decision by bringing in an ordinance. But it was thwarted by Rahul Gandhi who tore the ordinance in a press conference calling it “complete nonsense”. This forced the government not to pass a bill to turn the ordinance into law. The party’s opinion on the issue has, however, changed over time, primarily as it feels that “the ruling BJP was using flimsy grounds to get lawmakers disqualified”. Sources said Congress is now in sync with other opposition parties who plan to bring in laws to protect lawmakers from being targeted by the central government.

  • 4 yrs on, 370 case hearing from July 21

    Express News Service

    NEW DELHI:  A five-judge Constitution bench headed by Chief Justice of India D Y Chandrachud will take up for hearing a batch of pleas challenging the abrogation of Article 370 on July 21, four years after the erstwhile state of Jammu and Kashmir was stripped of its special status and bifurcated into two Union Territories.

    According to a notice issued on the apex court website on Monday, the five-judge bench, also comprising justices Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai and Surya Kant, will take up the pleas for passing directions.

    The pleas were last listed on March 2, 2020 when the Constitution bench had held that there was no need to refer the matter to a larger bench. However, the matter was not listed again up until now.  Many petitions were filed before the Supreme Court praying that the Presidential Orders issued under Article 370, repealing the special status of the Jammu and Kashmir, and the J&K (Reorganisation) Act, 2019 be declared as unconstitutional. One of the pleas averred that it was “striking at the heart of the principles on which the State of J&K had integrated”. 

    The hearing had commenced on December 10, 2019 — four months after the repeal of the J&K special status — before a Constitution Bench comprising Justices N V Ramana (now retired), S K Kaul, R Subhash Reddy (now retired), B R Gavai and Surya Kant. Some petitioners wanted the matter referred to a seven-judge bench, but the apex court disagreed. 

    CJI, Justice Khanna in new benchIn the previous bench which heard the matter, judges N V Ramana and Subhash Reddy have retired. CJI D Y Chandrachud and Justice Sanjiv Khanna are the new members in the latest bench

    NEW DELHI:  A five-judge Constitution bench headed by Chief Justice of India D Y Chandrachud will take up for hearing a batch of pleas challenging the abrogation of Article 370 on July 21, four years after the erstwhile state of Jammu and Kashmir was stripped of its special status and bifurcated into two Union Territories.

    According to a notice issued on the apex court website on Monday, the five-judge bench, also comprising justices Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai and Surya Kant, will take up the pleas for passing directions.

    The pleas were last listed on March 2, 2020 when the Constitution bench had held that there was no need to refer the matter to a larger bench. However, the matter was not listed again up until now.  Many petitions were filed before the Supreme Court praying that the Presidential Orders issued under Article 370, repealing the special status of the Jammu and Kashmir, and the J&K (Reorganisation) Act, 2019 be declared as unconstitutional. One of the pleas averred that it was “striking at the heart of the principles on which the State of J&K had integrated”. googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    The hearing had commenced on December 10, 2019 — four months after the repeal of the J&K special status — before a Constitution Bench comprising Justices N V Ramana (now retired), S K Kaul, R Subhash Reddy (now retired), B R Gavai and Surya Kant. Some petitioners wanted the matter referred to a seven-judge bench, but the apex court disagreed. 

    CJI, Justice Khanna in new bench
    In the previous bench which heard the matter, judges N V Ramana and Subhash Reddy have retired. CJI D Y Chandrachud and Justice Sanjiv Khanna are the new members in the latest bench

  • Fake news can create tensions, endanger democratic values: CJI Chandrachud 

    By PTI

    NEW DELHI: Flagging the dangers of fake news in this digital age, Chief Justice of India DY Chandrachud on Wednesday said such misinformation has the capability of creating tensions between communities thereby endangering democratic values.

    Speaking at the Ramnath Goenka awards ceremony, where he was the chief guest, the CJI also said the vibrancy of democracy is compromised if the press is prevented from speaking truth to power and stressed that the press must remain free if a country is to remain a democracy.

    On media trials, he said there have been instances where the media has rendered an accused guilty in the eyes of the public even before the courts find them so.

    He said as with every institution, journalism is also facing its own challenges.

    “Fake news poses a serious threat to the independence and impartiality of the press in the current society. It is the collective responsibility of journalists as well as other stakeholders to weed out any element of bias or prejudice from the process of reporting events…Fake news can misguide millions of people at once, and this will be in direct contradiction with the fundamentals of democracy which form the bedrock of our existence,” he said.

    He termed responsible journalism as the engine which drives democracy toward a better future.

    “Responsible journalism is the engine that drives democracy forward to a better tomorrow. In a digital age, it is more important than ever for journalists to be accurate, impartial, responsible, and fearless in their reporting,” he said.

    He asserted that a “functional and healthy democracy must encourage the development of journalism as an institution that can ask difficult questions to the establishment – or as it is commonly known, ‘speak truth to power’. The vibrancy of any democracy is compromised when the press is prevented from doing exactly this. The press must remain free if a country is to remain a democracy”.

    Referring to the Emergency era, when the Indian Express carried blank op-ed pages, CJI Chandrachud said it is a reminder of how powerful silence is.

    He said that the Emergency era was a fearful time but such occasions also give rise to “fearless journalism” and hence June 25, 1975, the day when the emergency was imposed, was a defining moment in history.

    “One proclamation defined and redefined our perceptions of liberty and threats to it and how tenuous it can be,” he said, adding that is “why we celebrate these awards as symbolising our eternal sense of optimism on which we hope nation will continue.” 

    He said journalists and lawyers and judges like him share something in common.

    “Both share a belief in the saying ‘pen is mightier than the sword”, he said.

    He added judges and journalists also share the occupational hazard of being disliked by virtue of their professions -no easy cross to bear.

    “But members of both professions keep at their daily tasks and hope that one day, the reputations of their professions will receive a makeover”, he said.

    The CJI added that journalists are constantly engaged in the endeavour of simplifying complex information for the consumption of the public, which is frequently unaware of even the most basic facts underlying the issues sought to be exposed.

    “This simplification of information must not be at the cost of accuracy, which further complicates the journalist’s job. This is true world over”, he said, adding that the media sparks debates and discussion, which are the first step towards action.”

    “All societies inevitably become dormant, lethargic and immune to the problems that plague them. Journalism (in all its forms) is one of the key aspects which prods us out of this collective inertia. The media has always played and continues to play an important role in shaping the course of current events, and by extension, the course of history itself”, he said.

    Referring to the recent ‘MeToo movement’ the CJI said it was sparked in part by the publication of stories concerning the accusations of sexual harassment against prominent figures in the film industry in the US.

    “The ‘MeToo movement’ had cascading effects all across the world and was a watershed moment in history. In India, the media’s coverage of the rape of Jyoti, or Nirbhaya, by certain men in Delhi resulted in widespread protests and later, in reforms to criminal law. Even on a day-to-day basis, some news stories prompt questions and discussion in Parliament and in the legislative assemblies of states”, he said.

    He said that the vibrancy of democracy is compromised when the press is prevented from speaking truth to power.

    “The press must remain free if the country is to remain a democracy. Newspapers have historically acted as catalysts for social and political change”, he said, adding that a comprehensive fact-checking mechanism should be in place as fake news can guide or misguide millions at once in contradiction to the fundamentals of democracy.

    Referring to media trials, he said, “It is the job of the media to convey information to the public without violating the rights of the innocents. Responsible journalism is the beacon of truth and its drives democracy forward. We at present navigate challenges of the digital age and journalists have to maintain accuracy, impartiality, and fearlessness in their reporting.” 

    CJI Chandrachud said that he too finds himself disagreeing with many media reports.

    “As citizens, we may not agree with the approach that a journalist has adopted or the conclusions that they reach. I, too, find myself disagreeing with many journalists. After all, who amongst us agrees with all other people? But disagreement must not distort into hatred and hatred must not be permitted to evolve into violence”, he said

    “No society should accept hatred as the new norm”, he said, adding that the relevance of the media was best highlighted during the COVID-19 pandemic and print, electronic and social media has helped in disseminating relevant information. The 50th Chief Justice of India said that community journalism can help set the agenda for the debate around those issues at the policy level.

    “Several studies have shown that composition of mainstream media is not reflective of all communities in India”, he said, adding that a diversified newsroom is essential for the longevity of the media platforms and newsroom should signify the diverse range of news and “journalism cannot be elitist”.

    CJI Chandrachud, who handed over the awards to various journalists along with Viveck Goenka, Chairman and Managing Director of the Indian Express Group, said that in the recent past social media has given a new platform to journalists and led to democratisation of media.

    NEW DELHI: Flagging the dangers of fake news in this digital age, Chief Justice of India DY Chandrachud on Wednesday said such misinformation has the capability of creating tensions between communities thereby endangering democratic values.

    Speaking at the Ramnath Goenka awards ceremony, where he was the chief guest, the CJI also said the vibrancy of democracy is compromised if the press is prevented from speaking truth to power and stressed that the press must remain free if a country is to remain a democracy.

    On media trials, he said there have been instances where the media has rendered an accused guilty in the eyes of the public even before the courts find them so.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    He said as with every institution, journalism is also facing its own challenges.

    “Fake news poses a serious threat to the independence and impartiality of the press in the current society. It is the collective responsibility of journalists as well as other stakeholders to weed out any element of bias or prejudice from the process of reporting events…Fake news can misguide millions of people at once, and this will be in direct contradiction with the fundamentals of democracy which form the bedrock of our existence,” he said.

    He termed responsible journalism as the engine which drives democracy toward a better future.

    “Responsible journalism is the engine that drives democracy forward to a better tomorrow. In a digital age, it is more important than ever for journalists to be accurate, impartial, responsible, and fearless in their reporting,” he said.

    He asserted that a “functional and healthy democracy must encourage the development of journalism as an institution that can ask difficult questions to the establishment – or as it is commonly known, ‘speak truth to power’. The vibrancy of any democracy is compromised when the press is prevented from doing exactly this. The press must remain free if a country is to remain a democracy”.

    Referring to the Emergency era, when the Indian Express carried blank op-ed pages, CJI Chandrachud said it is a reminder of how powerful silence is.

    He said that the Emergency era was a fearful time but such occasions also give rise to “fearless journalism” and hence June 25, 1975, the day when the emergency was imposed, was a defining moment in history.

    “One proclamation defined and redefined our perceptions of liberty and threats to it and how tenuous it can be,” he said, adding that is “why we celebrate these awards as symbolising our eternal sense of optimism on which we hope nation will continue.” 

    He said journalists and lawyers and judges like him share something in common.

    “Both share a belief in the saying ‘pen is mightier than the sword”, he said.

    He added judges and journalists also share the occupational hazard of being disliked by virtue of their professions -no easy cross to bear.

    “But members of both professions keep at their daily tasks and hope that one day, the reputations of their professions will receive a makeover”, he said.

    The CJI added that journalists are constantly engaged in the endeavour of simplifying complex information for the consumption of the public, which is frequently unaware of even the most basic facts underlying the issues sought to be exposed.

    “This simplification of information must not be at the cost of accuracy, which further complicates the journalist’s job. This is true world over”, he said, adding that the media sparks debates and discussion, which are the first step towards action.”

    “All societies inevitably become dormant, lethargic and immune to the problems that plague them. Journalism (in all its forms) is one of the key aspects which prods us out of this collective inertia. The media has always played and continues to play an important role in shaping the course of current events, and by extension, the course of history itself”, he said.

    Referring to the recent ‘MeToo movement’ the CJI said it was sparked in part by the publication of stories concerning the accusations of sexual harassment against prominent figures in the film industry in the US.

    “The ‘MeToo movement’ had cascading effects all across the world and was a watershed moment in history. In India, the media’s coverage of the rape of Jyoti, or Nirbhaya, by certain men in Delhi resulted in widespread protests and later, in reforms to criminal law. Even on a day-to-day basis, some news stories prompt questions and discussion in Parliament and in the legislative assemblies of states”, he said.

    He said that the vibrancy of democracy is compromised when the press is prevented from speaking truth to power.

    “The press must remain free if the country is to remain a democracy. Newspapers have historically acted as catalysts for social and political change”, he said, adding that a comprehensive fact-checking mechanism should be in place as fake news can guide or misguide millions at once in contradiction to the fundamentals of democracy.

    Referring to media trials, he said, “It is the job of the media to convey information to the public without violating the rights of the innocents. Responsible journalism is the beacon of truth and its drives democracy forward. We at present navigate challenges of the digital age and journalists have to maintain accuracy, impartiality, and fearlessness in their reporting.” 

    CJI Chandrachud said that he too finds himself disagreeing with many media reports.

    “As citizens, we may not agree with the approach that a journalist has adopted or the conclusions that they reach. I, too, find myself disagreeing with many journalists. After all, who amongst us agrees with all other people? But disagreement must not distort into hatred and hatred must not be permitted to evolve into violence”, he said

    “No society should accept hatred as the new norm”, he said, adding that the relevance of the media was best highlighted during the COVID-19 pandemic and print, electronic and social media has helped in disseminating relevant information. The 50th Chief Justice of India said that community journalism can help set the agenda for the debate around those issues at the policy level.

    “Several studies have shown that composition of mainstream media is not reflective of all communities in India”, he said, adding that a diversified newsroom is essential for the longevity of the media platforms and newsroom should signify the diverse range of news and “journalism cannot be elitist”.

    CJI Chandrachud, who handed over the awards to various journalists along with Viveck Goenka, Chairman and Managing Director of the Indian Express Group, said that in the recent past social media has given a new platform to journalists and led to democratisation of media.

  • Morality is a fluid concept, but it’s dictated by dominant groups: CJI

    By Online Desk

    The Chief Justice of India DY Chandrachud on Saturday said that Dr Ambedkar was making a revolutionary statement by dressing in a three-piece suit to reclaim his community’s identity.

    The CJI was delivering a lecture on “Law and Morality: Bounds and Reaches” in memory of former Attorney General of India late Advocate Ashok Desai, legal news portals reported.

    Chandrachud, according to Live Law, added that Ambedkar crushed the Code of Conduct prescribed by the oppressor caste through his clothing choices to reclaim his community’s identity in society.

    The groups that traditionally have socioeconomic and political power have an advantage over the weaker sections in establishing the code of conduct of morality for society.

    “The argument that I’m trying to build is that vulnerable groups are placed at the bottom of the social structure; that their consent, even if obtained, is a myth,” he said.

    Hundreds of young people die in India due to honour killings merely because they love someone or marry outside their caste or against their family’s wishes, Chandrachud lamented.

    ALSO READ | Review age of consent: CJI DY Chandrachud to Parliament

    In this regard, the CJI said that morality is a fluid concept that varies from person to person. But it is often dictated by dominant groups.

    The CJI, according to Bar and Bench, added that members of weaker and marginalised groups are forced to submit to dominant groups and cannot develop their counterculture because of oppression.

    He opined that the Indian Constitution was designed not for people as they were, but how they ought to be, Bar and Bench reported.

    “It is the flag bearer of our fundamental rights. It guides us in our daily life,” Chandrachud said.

    The Chief Justice of India DY Chandrachud on Saturday said that Dr Ambedkar was making a revolutionary statement by dressing in a three-piece suit to reclaim his community’s identity.

    The CJI was delivering a lecture on “Law and Morality: Bounds and Reaches” in memory of former Attorney General of India late Advocate Ashok Desai, legal news portals reported.

    Chandrachud, according to Live Law, added that Ambedkar crushed the Code of Conduct prescribed by the oppressor caste through his clothing choices to reclaim his community’s identity in society.

    The groups that traditionally have socioeconomic and political power have an advantage over the weaker sections in establishing the code of conduct of morality for society.

    “The argument that I’m trying to build is that vulnerable groups are placed at the bottom of the social structure; that their consent, even if obtained, is a myth,” he said.

    Hundreds of young people die in India due to honour killings merely because they love someone or marry outside their caste or against their family’s wishes, Chandrachud lamented.

    ALSO READ | Review age of consent: CJI DY Chandrachud to Parliament

    In this regard, the CJI said that morality is a fluid concept that varies from person to person. But it is often dictated by dominant groups.

    The CJI, according to Bar and Bench, added that members of weaker and marginalised groups are forced to submit to dominant groups and cannot develop their counterculture because of oppression.

    He opined that the Indian Constitution was designed not for people as they were, but how they ought to be, Bar and Bench reported.

    “It is the flag bearer of our fundamental rights. It guides us in our daily life,” Chandrachud said.

  • No SC benches to be available during winter vacation: CJI DY Chandrachud

    Friday is the last working day of the top court before it goes on a two-week winter break. The apex court will reopen on January 2.

  • CJI DY Chandrachud urges legislature to consider concerns related to age of consent under POCSO Act 

    Express News Service

    NEW DELHI: Amidst the difficulty faced by judges while dealing with cases falling under the POCSO act where consenting adolescents engage in sexual activity, Chief Justice of India DY Chandrachud on Saturday urged the legislature to consider growing concerns related to the age of consent under the 2012 Act.

    The POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. 

    “I note that the topic for one of the panel discussions today is to do with the judgments of POCSO courts in “romantic cases” or cases where consenting adolescents engage in sexual activity. As you are no doubt aware, the POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. In my time as a judge, I have observed that this category of cases poses difficult questions for judges across the spectrum. There is growing concern surrounding this issue, which must be considered by the legislature in light of reliable research by experts in adolescent healthcare,” the CJI said while delivering his keynote address at the National Annual Stakeholders Consultation on Child Protection that was organised by the Supreme Court Committee on Juvenile Justice in association with UNICEF. 

    The event was also attended by Supreme Court judge Justice Ravindra Bhat, Union Minister for Women and Child Development Smriti Irani, Ms. Cynthia McCaffery (Country Representative, UNICEF India), former SC judge Justice Deepak Gupta, HC judges, judges of the POCSO courts, members of the Juvenile Justice Committees, panellists, experts. 

    Underscoring the impact of exposure of children to sexual violence at an early age which can lead to severe trauma and can have life-long ramifications, the CJI also said that it imperative for the state and other stakeholders to create awareness regarding the prevention of child sexual abuse, its timely recognition, and the various remedies available in law and otherwise. 

    “Children must also be taught the difference between ‘safe touch’ and ‘unsafe touch’. While this was previously couched as ‘good touch’ and ‘bad touch’, child rights activists have urged parents and others to use the words ‘safe’ and ‘unsafe’ because the words ‘good’ and ‘bad’ have moral implications, especially for children, and may prevent them from reporting abuse,” the CJI said. 

    Chandrachud also asked the states to encourage families to report cases of abuse irrespective of the perpetrator being a family member and also urged the executive to join hands with the judiciary to prevent this from happening.

    “The use of professional counselling services must also be encouraged, especially because many parents are unaware that this can help the child deal with trauma. Above all, there is an urgent need to ensure that the so-called honour of the family is not prioritized over the best interests of the child.

    It is an unfortunate fact that the manner in which the criminal justice system functions sometimes compounds the victim’s trauma. The executive must join hands with the judiciary to prevent this from happening,” the judge said. 

    Laying emphasis on the insufficient infrastructure and low availability of trained support personnel for the judges of the POCSO courts, the judge said that there is an urgent need for all branches of the state to properly train police and support personnel, provide adequate infrastructure and disburse compensation in a timely manner. 

    NEW DELHI: Amidst the difficulty faced by judges while dealing with cases falling under the POCSO act where consenting adolescents engage in sexual activity, Chief Justice of India DY Chandrachud on Saturday urged the legislature to consider growing concerns related to the age of consent under the 2012 Act.

    The POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. 

    “I note that the topic for one of the panel discussions today is to do with the judgments of POCSO courts in “romantic cases” or cases where consenting adolescents engage in sexual activity. As you are no doubt aware, the POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. In my time as a judge, I have observed that this category of cases poses difficult questions for judges across the spectrum. There is growing concern surrounding this issue, which must be considered by the legislature in light of reliable research by experts in adolescent healthcare,” the CJI said while delivering his keynote address at the National Annual Stakeholders Consultation on Child Protection that was organised by the Supreme Court Committee on Juvenile Justice in association with UNICEF. 

    The event was also attended by Supreme Court judge Justice Ravindra Bhat, Union Minister for Women and Child Development Smriti Irani, Ms. Cynthia McCaffery (Country Representative, UNICEF India), former SC judge Justice Deepak Gupta, HC judges, judges of the POCSO courts, members of the Juvenile Justice Committees, panellists, experts. 

    Underscoring the impact of exposure of children to sexual violence at an early age which can lead to severe trauma and can have life-long ramifications, the CJI also said that it imperative for the state and other stakeholders to create awareness regarding the prevention of child sexual abuse, its timely recognition, and the various remedies available in law and otherwise. 

    “Children must also be taught the difference between ‘safe touch’ and ‘unsafe touch’. While this was previously couched as ‘good touch’ and ‘bad touch’, child rights activists have urged parents and others to use the words ‘safe’ and ‘unsafe’ because the words ‘good’ and ‘bad’ have moral implications, especially for children, and may prevent them from reporting abuse,” the CJI said. 

    Chandrachud also asked the states to encourage families to report cases of abuse irrespective of the perpetrator being a family member and also urged the executive to join hands with the judiciary to prevent this from happening.

    “The use of professional counselling services must also be encouraged, especially because many parents are unaware that this can help the child deal with trauma. Above all, there is an urgent need to ensure that the so-called honour of the family is not prioritized over the best interests of the child.

    It is an unfortunate fact that the manner in which the criminal justice system functions sometimes compounds the victim’s trauma. The executive must join hands with the judiciary to prevent this from happening,” the judge said. 

    Laying emphasis on the insufficient infrastructure and low availability of trained support personnel for the judges of the POCSO courts, the judge said that there is an urgent need for all branches of the state to properly train police and support personnel, provide adequate infrastructure and disburse compensation in a timely manner. 

  • Review age of consent: CJI DY Chandrachud to Parliament

    Express News Service

    NEW DELHI: Amidst the difficulty faced by judges while dealing with cases falling under the POCSO act where consenting adolescents engage in sexual activity, Chief Justice of India DY Chandrachud on Saturday urged the legislature to consider growing concerns related to the age of consent under the 2012 Act.

    The POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. 

    “I note that the topic for one of the panel discussions today is to do with the judgments of POCSO courts in “romantic cases” or cases where consenting adolescents engage in sexual activity. As you are no doubt aware, the POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. In my time as a judge, I have observed that this category of cases poses difficult questions for judges across the spectrum. There is growing concern surrounding this issue, which must be considered by the legislature in light of reliable research by experts in adolescent healthcare,” the CJI said while delivering his keynote address at the National Annual Stakeholders Consultation on Child Protection that was organised by the Supreme Court Committee on Juvenile Justice in association with UNICEF. 

    The event was also attended by Supreme Court judge Justice Ravindra Bhat, Union Minister for Women and Child Development Smriti Irani, Ms. Cynthia McCaffery (Country Representative, UNICEF India), former SC judge Justice Deepak Gupta, HC judges, judges of the POCSO courts, members of the Juvenile Justice Committees, panellists, experts. 

    Underscoring the impact of exposure of children to sexual violence at an early age which can lead to severe trauma and can have life-long ramifications, the CJI also said that it is imperative for the state and other stakeholders to create awareness regarding the prevention of child sexual abuse, its timely recognition, and the various remedies available in law and otherwise. 

    “Children must also be taught the difference between ‘safe touch’ and ‘unsafe touch’. While this was previously couched as ‘good touch’ and ‘bad touch’, child rights activists have urged parents and others to use the words ‘safe’ and ‘unsafe’ because the words ‘good’ and ‘bad’ have moral implications, especially for children, and may prevent them from reporting abuse,” the CJI said. 

    Chandrachud also asked the states to encourage families to report cases of abuse irrespective of the perpetrator being a family member and also urged the executive to join hands with the judiciary to prevent this from happening.

    “The use of professional counselling services must also be encouraged, especially because many parents are unaware that this can help the child deal with trauma. Above all, there is an urgent need to ensure that the so-called honour of the family is not prioritized over the best interests of the child.

    It is an unfortunate fact that the manner in which the criminal justice system functions sometimes compounds the victim’s trauma. The executive must join hands with the judiciary to prevent this from happening,” the judge said. 

    Laying emphasis on the insufficient infrastructure and low availability of trained support personnel for the judges of the POCSO courts, the judge said that there is an urgent need for all branches of the state to properly train police and support personnel, provide adequate infrastructure and disburse compensation in a timely manner. 

    NEW DELHI: Amidst the difficulty faced by judges while dealing with cases falling under the POCSO act where consenting adolescents engage in sexual activity, Chief Justice of India DY Chandrachud on Saturday urged the legislature to consider growing concerns related to the age of consent under the 2012 Act.

    The POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. 

    “I note that the topic for one of the panel discussions today is to do with the judgments of POCSO courts in “romantic cases” or cases where consenting adolescents engage in sexual activity. As you are no doubt aware, the POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. In my time as a judge, I have observed that this category of cases poses difficult questions for judges across the spectrum. There is growing concern surrounding this issue, which must be considered by the legislature in light of reliable research by experts in adolescent healthcare,” the CJI said while delivering his keynote address at the National Annual Stakeholders Consultation on Child Protection that was organised by the Supreme Court Committee on Juvenile Justice in association with UNICEF. 

    The event was also attended by Supreme Court judge Justice Ravindra Bhat, Union Minister for Women and Child Development Smriti Irani, Ms. Cynthia McCaffery (Country Representative, UNICEF India), former SC judge Justice Deepak Gupta, HC judges, judges of the POCSO courts, members of the Juvenile Justice Committees, panellists, experts. 

    Underscoring the impact of exposure of children to sexual violence at an early age which can lead to severe trauma and can have life-long ramifications, the CJI also said that it is imperative for the state and other stakeholders to create awareness regarding the prevention of child sexual abuse, its timely recognition, and the various remedies available in law and otherwise. 

    “Children must also be taught the difference between ‘safe touch’ and ‘unsafe touch’. While this was previously couched as ‘good touch’ and ‘bad touch’, child rights activists have urged parents and others to use the words ‘safe’ and ‘unsafe’ because the words ‘good’ and ‘bad’ have moral implications, especially for children, and may prevent them from reporting abuse,” the CJI said. 

    Chandrachud also asked the states to encourage families to report cases of abuse irrespective of the perpetrator being a family member and also urged the executive to join hands with the judiciary to prevent this from happening.

    “The use of professional counselling services must also be encouraged, especially because many parents are unaware that this can help the child deal with trauma. Above all, there is an urgent need to ensure that the so-called honour of the family is not prioritized over the best interests of the child.

    It is an unfortunate fact that the manner in which the criminal justice system functions sometimes compounds the victim’s trauma. The executive must join hands with the judiciary to prevent this from happening,” the judge said. 

    Laying emphasis on the insufficient infrastructure and low availability of trained support personnel for the judges of the POCSO courts, the judge said that there is an urgent need for all branches of the state to properly train police and support personnel, provide adequate infrastructure and disburse compensation in a timely manner. 

  • Review age of consent: CJI DY Chandrachud to Parliament

    Express News Service

    NEW DELHI: Amidst the difficulty faced by judges while dealing with cases falling under the POCSO act where consenting adolescents engage in sexual activity, Chief Justice of India DY Chandrachud on Saturday urged the legislature to consider growing concerns related to the age of consent under the 2012 Act.

    The POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. 

    “I note that the topic for one of the panel discussions today is to do with the judgments of POCSO courts in “romantic cases” or cases where consenting adolescents engage in sexual activity. As you are no doubt aware, the POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. In my time as a judge, I have observed that this category of cases poses difficult questions for judges across the spectrum. There is growing concern surrounding this issue, which must be considered by the legislature in light of reliable research by experts in adolescent healthcare,” the CJI said while delivering his keynote address at the National Annual Stakeholders Consultation on Child Protection that was organised by the Supreme Court Committee on Juvenile Justice in association with UNICEF. 

    The event was also attended by Supreme Court judge Justice Ravindra Bhat, Union Minister for Women and Child Development Smriti Irani, Ms. Cynthia McCaffery (Country Representative, UNICEF India), former SC judge Justice Deepak Gupta, HC judges, judges of the POCSO courts, members of the Juvenile Justice Committees, panellists, experts. 

    Underscoring the impact of exposure of children to sexual violence at an early age which can lead to severe trauma and can have life-long ramifications, the CJI also said that it is imperative for the state and other stakeholders to create awareness regarding the prevention of child sexual abuse, its timely recognition, and the various remedies available in law and otherwise. 

    “Children must also be taught the difference between ‘safe touch’ and ‘unsafe touch’. While this was previously couched as ‘good touch’ and ‘bad touch’, child rights activists have urged parents and others to use the words ‘safe’ and ‘unsafe’ because the words ‘good’ and ‘bad’ have moral implications, especially for children, and may prevent them from reporting abuse,” the CJI said. 

    Chandrachud also asked the states to encourage families to report cases of abuse irrespective of the perpetrator being a family member and also urged the executive to join hands with the judiciary to prevent this from happening.

    “The use of professional counselling services must also be encouraged, especially because many parents are unaware that this can help the child deal with trauma. Above all, there is an urgent need to ensure that the so-called honour of the family is not prioritized over the best interests of the child.

    It is an unfortunate fact that the manner in which the criminal justice system functions sometimes compounds the victim’s trauma. The executive must join hands with the judiciary to prevent this from happening,” the judge said. 

    Laying emphasis on the insufficient infrastructure and low availability of trained support personnel for the judges of the POCSO courts, the judge said that there is an urgent need for all branches of the state to properly train police and support personnel, provide adequate infrastructure and disburse compensation in a timely manner. 

    NEW DELHI: Amidst the difficulty faced by judges while dealing with cases falling under the POCSO act where consenting adolescents engage in sexual activity, Chief Justice of India DY Chandrachud on Saturday urged the legislature to consider growing concerns related to the age of consent under the 2012 Act.

    The POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. 

    “I note that the topic for one of the panel discussions today is to do with the judgments of POCSO courts in “romantic cases” or cases where consenting adolescents engage in sexual activity. As you are no doubt aware, the POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. In my time as a judge, I have observed that this category of cases poses difficult questions for judges across the spectrum. There is growing concern surrounding this issue, which must be considered by the legislature in light of reliable research by experts in adolescent healthcare,” the CJI said while delivering his keynote address at the National Annual Stakeholders Consultation on Child Protection that was organised by the Supreme Court Committee on Juvenile Justice in association with UNICEF. 

    The event was also attended by Supreme Court judge Justice Ravindra Bhat, Union Minister for Women and Child Development Smriti Irani, Ms. Cynthia McCaffery (Country Representative, UNICEF India), former SC judge Justice Deepak Gupta, HC judges, judges of the POCSO courts, members of the Juvenile Justice Committees, panellists, experts. 

    Underscoring the impact of exposure of children to sexual violence at an early age which can lead to severe trauma and can have life-long ramifications, the CJI also said that it is imperative for the state and other stakeholders to create awareness regarding the prevention of child sexual abuse, its timely recognition, and the various remedies available in law and otherwise. 

    “Children must also be taught the difference between ‘safe touch’ and ‘unsafe touch’. While this was previously couched as ‘good touch’ and ‘bad touch’, child rights activists have urged parents and others to use the words ‘safe’ and ‘unsafe’ because the words ‘good’ and ‘bad’ have moral implications, especially for children, and may prevent them from reporting abuse,” the CJI said. 

    Chandrachud also asked the states to encourage families to report cases of abuse irrespective of the perpetrator being a family member and also urged the executive to join hands with the judiciary to prevent this from happening.

    “The use of professional counselling services must also be encouraged, especially because many parents are unaware that this can help the child deal with trauma. Above all, there is an urgent need to ensure that the so-called honour of the family is not prioritized over the best interests of the child.

    It is an unfortunate fact that the manner in which the criminal justice system functions sometimes compounds the victim’s trauma. The executive must join hands with the judiciary to prevent this from happening,” the judge said. 

    Laying emphasis on the insufficient infrastructure and low availability of trained support personnel for the judges of the POCSO courts, the judge said that there is an urgent need for all branches of the state to properly train police and support personnel, provide adequate infrastructure and disburse compensation in a timely manner. 

  • Essential to make process of litigation citizen-centric, technology must be augmented: CJI

    By PTI

    NEW DELHI: Chief Justice of India D Y Chandrachud on Saturday said technology must be augmented with institutional reforms to resolve issues of access to justice, and it is essential to simplify the litigation process and make it “citizen-centric.”

    He also said the judiciary has been adopting technology to improve the working of courts and it is of “supreme importance” that courts are remodelled to reach out to citizens instead of them reaching out to courts in their quest for justice.

    Speaking at the Constitution Day celebrations at the Supreme Court, the Chief Justice of India (CJI) said judges across the country must reflect upon the constitutional vision of securing justice, equality and liberty.

    He said it is important that the representation of marginalised communities and women in the legal profession and judiciary is increased.

    Justice Chandrachud also spoke about the e-initiatives — virtual justice clock, justIS mobile app 2.0, digital court and s3WaaS websites of district courts — that were launched by Prime Minister Narendra Modi during the function.

    In a nation as large and diverse as India, the “paramount challenge” the judiciary faces as an institution is to ensure that the justice delivery system is accessible to everyone, he said.

    “We have been adopting technology to improve the working of courts. It is of supreme importance and necessity that courts are remodelled to reach out to people instead of people reaching out to courts in their quest for justice,” the CJI said.

    “To ensure that courts reach out to people, it is essential that the process of litigation is simplified and made citizen-centric,” he said.ALSO READ | Centre doing everything possible to strengthen judicial system: Law Minister

    Justice Chandrachud said though the judiciary’s engagement with technology gained prevalence during the COVID-19 pandemic, “we must not dismantle the infrastructure but built upon it.”

    “I will earnestly request the chief justices of high courts to ensure that the technological infrastructure, on which public funds have been spent, is not dismantled but strengthened further,” he said.

    Justice Chandrachud said as the CJI, he is attempting to adopt technology-based services in the listing of cases and court hearings “so that institutional flaws such as delays in listing and hearing can be removed from our vocabulary.”

    “While technology has ably aided us in ensuring the functionality of the judiciary during the pandemic, technology must be augmented with institutional reforms to resolve the chief issue of access to justice,” he said.

    The CJI said the first interface of people with the judicial system is the district judiciary and it is of paramount importance that it is strengthened and supported.

    “The district judiciary must be lifted from the mindset of being a subordinate judiciary,” he said.

    Giving details of the e-initiatives launched by the prime minister, Justice Chandrachud said these initiatives reflect upon the commitment of the judiciary towards providing access to justice.

    “Our endeavour is to enhance access to justice. This must not be understood in narrow terms of enriching the experience of those who are already in possession of access but by reaching out to those groups and communities, that are denied basic rights,” he said.

    The CJI said the Supreme Court now functions in a hybrid mode which enables lawyers and parties in person to appear from different parts of the country.

    “Though the Supreme Court is located on Tilak Marg, the Supreme Court is a Supreme Court for the entire nation,” he said.

    He said the colonial and pre-colonial courts followed an approach of reluctance, disinclination and inaction in protecting the rights of citizens.

    “All judges across courts in India, ranging from district courts to the Supreme Court must reflect upon the constitutional vision of securing justice, equality and liberty,” he said.

    “There is a need for us to introspect on our actions and decisions and to question our own prejudices and preconceptions. For, until we open our minds to multiple views of persons with varied lived experiences, we would be lacking in our roles as judges,” the CJI said.

    He said an institution thrives with time only when it functions democratically and he believes that as the CJI, it is his responsibility to collaborate and consult judges at the apex court, judges of high courts, members of the district judiciary and stakeholders of the institution.

    “It is crucial that we tap the experience of the diverse sections of people who are part of the judiciary,” he said, adding, “That is why it is all the more important that the representation of marginalised communities and women in the legal profession and judiciary is enhanced.”

    On the e-initiatives, the CJI said the virtual justice clock is a platform where the information available through the National Judicial Data Grid is made available to the public.

    The justIS mobile app 2.0 is developed for judges of district courts and it is provided to judicial officers to monitor the pendency and disposal of his or her court at the handset 24X7, he said.

    Justice Chandrachud said the digital court is a green initiative of the Indian judiciary to make courts paperless or digital. He said through the digital court and s3WaaS initiatives, the websites of district courts are being upgraded to a platform which is secure, scalable and accessible.

    “I can assure everyone that the initiatives launched today are a part of a larger technological and institutional advancement of the Indian judiciary to ensure that even the most disadvantaged communities in the country do not stumble while reaching out to justice,” he said.

    The CJI appealed to youngsters to reflect on the social realities of India and work towards achieving fraternity by dedicating themselves to the cause of justice in whatever way possible.

    “Sometimes change happens by small acts of kindness. The heart and the soul of law, as it is administered in our courts, is our sense of compassion to our citizens,” he said.

    NEW DELHI: Chief Justice of India D Y Chandrachud on Saturday said technology must be augmented with institutional reforms to resolve issues of access to justice, and it is essential to simplify the litigation process and make it “citizen-centric.”

    He also said the judiciary has been adopting technology to improve the working of courts and it is of “supreme importance” that courts are remodelled to reach out to citizens instead of them reaching out to courts in their quest for justice.

    Speaking at the Constitution Day celebrations at the Supreme Court, the Chief Justice of India (CJI) said judges across the country must reflect upon the constitutional vision of securing justice, equality and liberty.

    He said it is important that the representation of marginalised communities and women in the legal profession and judiciary is increased.

    Justice Chandrachud also spoke about the e-initiatives — virtual justice clock, justIS mobile app 2.0, digital court and s3WaaS websites of district courts — that were launched by Prime Minister Narendra Modi during the function.

    In a nation as large and diverse as India, the “paramount challenge” the judiciary faces as an institution is to ensure that the justice delivery system is accessible to everyone, he said.

    “We have been adopting technology to improve the working of courts. It is of supreme importance and necessity that courts are remodelled to reach out to people instead of people reaching out to courts in their quest for justice,” the CJI said.

    “To ensure that courts reach out to people, it is essential that the process of litigation is simplified and made citizen-centric,” he said.ALSO READ | Centre doing everything possible to strengthen judicial system: Law Minister

    Justice Chandrachud said though the judiciary’s engagement with technology gained prevalence during the COVID-19 pandemic, “we must not dismantle the infrastructure but built upon it.”

    “I will earnestly request the chief justices of high courts to ensure that the technological infrastructure, on which public funds have been spent, is not dismantled but strengthened further,” he said.

    Justice Chandrachud said as the CJI, he is attempting to adopt technology-based services in the listing of cases and court hearings “so that institutional flaws such as delays in listing and hearing can be removed from our vocabulary.”

    “While technology has ably aided us in ensuring the functionality of the judiciary during the pandemic, technology must be augmented with institutional reforms to resolve the chief issue of access to justice,” he said.

    The CJI said the first interface of people with the judicial system is the district judiciary and it is of paramount importance that it is strengthened and supported.

    “The district judiciary must be lifted from the mindset of being a subordinate judiciary,” he said.

    Giving details of the e-initiatives launched by the prime minister, Justice Chandrachud said these initiatives reflect upon the commitment of the judiciary towards providing access to justice.

    “Our endeavour is to enhance access to justice. This must not be understood in narrow terms of enriching the experience of those who are already in possession of access but by reaching out to those groups and communities, that are denied basic rights,” he said.

    The CJI said the Supreme Court now functions in a hybrid mode which enables lawyers and parties in person to appear from different parts of the country.

    “Though the Supreme Court is located on Tilak Marg, the Supreme Court is a Supreme Court for the entire nation,” he said.

    He said the colonial and pre-colonial courts followed an approach of reluctance, disinclination and inaction in protecting the rights of citizens.

    “All judges across courts in India, ranging from district courts to the Supreme Court must reflect upon the constitutional vision of securing justice, equality and liberty,” he said.

    “There is a need for us to introspect on our actions and decisions and to question our own prejudices and preconceptions. For, until we open our minds to multiple views of persons with varied lived experiences, we would be lacking in our roles as judges,” the CJI said.

    He said an institution thrives with time only when it functions democratically and he believes that as the CJI, it is his responsibility to collaborate and consult judges at the apex court, judges of high courts, members of the district judiciary and stakeholders of the institution.

    “It is crucial that we tap the experience of the diverse sections of people who are part of the judiciary,” he said, adding, “That is why it is all the more important that the representation of marginalised communities and women in the legal profession and judiciary is enhanced.”

    On the e-initiatives, the CJI said the virtual justice clock is a platform where the information available through the National Judicial Data Grid is made available to the public.

    The justIS mobile app 2.0 is developed for judges of district courts and it is provided to judicial officers to monitor the pendency and disposal of his or her court at the handset 24X7, he said.

    Justice Chandrachud said the digital court is a green initiative of the Indian judiciary to make courts paperless or digital. He said through the digital court and s3WaaS initiatives, the websites of district courts are being upgraded to a platform which is secure, scalable and accessible.

    “I can assure everyone that the initiatives launched today are a part of a larger technological and institutional advancement of the Indian judiciary to ensure that even the most disadvantaged communities in the country do not stumble while reaching out to justice,” he said.

    The CJI appealed to youngsters to reflect on the social realities of India and work towards achieving fraternity by dedicating themselves to the cause of justice in whatever way possible.

    “Sometimes change happens by small acts of kindness. The heart and the soul of law, as it is administered in our courts, is our sense of compassion to our citizens,” he said.

  • Justice Lalit delivered key verdicts during 74-day stint as CJI, initiated live stream of SC proceedings

    By PTI

    NEW DELHI: Chief Justice of India Uday Umesh Lalit, the second head of judiciary to be directly elevated to the Supreme Court bench from the Bar, delivered several important verdicts during his brief 74-day tenure and initiated steps like live-streaming of proceedings and changing the process of listing of cases.

    Born on November 9, 1957, Justice Lalit was appointed judge of the Supreme Court on August 13, 2014 and was sworn in as the 49th CJI on August 27, 2022.

    November 8 is his last day in office.

    He was the second CJI to be directly elevated to the SC bench from the bar.

    Prior to him, Justice S M Sikri had become the 13th CJI in January 1971.

    SC judges superannuate at the age of 65.

    On the last working day, the CJI-led constitution bench, by a majority view of 3:2, upheld the validity of the 103rd Constitution amendment providing 10 per cent reservation to people belonging to economically weaker sections (EWS) in admissions and government jobs, saying the quota does not violate the basic structure of the Constitution.

    CJI Lalit concurred with the minority view of Justice S Ravindra Bhat who held the EWS quota as “unconstitutional” for excluding poor among SCs, STs and OBCs.

    Popular among lawyers for his polite demeanour, the CJI made most of his short tenure by hearing and disposing of as many cases as possible and starkly being strict in not granting adjournments to lawyers in matters listed for consideration.

    On the fourth anniversary of a landmark verdict on live telecast or webcast of important proceedings in matters of constitutional importance, Justice Lalit ordered commencement of live streaming of constitution bench cases from September 27 that included the challenge to the reservation for the Economically Weaker Sections.

    The CJI-led bench also paved way for hanging of Lashkar-e-Taiba (LeT) terrorist Mohammad Arif alias Ashfaq by dismissing his plea seeking review of its verdict awarding death penalty to him in the sensational 2000 Red Fort attack case that left three Army jawans dead.

    However, Justice Lalit’s bid to fill up the four vacancies of judges in the Supreme Court remained unfinished as his successor Justice D Y Chandrachud and Justice S A Nazeer objected to the procedure of seeking written consent to the proposal for the recommendation of names for appointment by the five-member collegiums.

    And, this led Justice Lalit to “discharge” the agenda keeping in mind the tradition that the outgoing CJIs leave the issue of appointment of judges through collegium deliberations to the successor the day their remaining tenure in the office comes down to a month.

    The CJI-led collegium, however, recommended names of around 20 judges in different high courts, besides the recommendation of the name of Chief Justice of the Bombay High Court Justice Dipankar Datta as a judge of the apex court.

    It also recommended the elevation of a few high court judges as chief justices (CJs), besides transferring some other CJs and judges.

    The top court currently has 28 judges against the sanctioned strength of 34.

    On the judgment delivery front, the CJI-led bench granted bails to activist Teesta Setalvad, arrested for allegedly fabricating evidence to frame “innocent people” in the 2002 Gujarat riots cases, and Kerala-based journalist Siddique Kappan, arrested in October 2020 while on his way to Hathras in Uttar Pradesh where a Dalit woman had died after allegedly being gang-raped.

    The CJI-led bench also referred to a five-judge Constitution bench a suo motu plea on framing of guidelines on how and when potential mitigating circumstances be considered by courts during trial in cases which entail the death penalty as the maximum punishment.

    Justice Lalit-led benches took very strong note of non-compliance of apex court orders and awarded four-month jail term to fugitive businessman Vijay Mallya, accused in bank loan default case of over Rs 9,000 crore involving his defunct Kingfisher Airlines.

    It also held the former promoters of Fortis Healthcare Ltd Malvinder Singh and Shivinder Singh guilty of contempt by not making a genuine attempt to pay Rs 1170.

    95 crore each towards honouring an arbitral award against them and handed down six months jail term to them.

    Justice Lalit-led bench also awarded one year jail term to a Kenyan citizen of Indian origin besides imposing a fine of Rs 25 lakh for committing civil and criminal contempt by playing “fraud” on it in securing the custody of his son from his estranged wife.

    He worked on three key areas, including listing of cases and mentioning of urgent matters in the Supreme Court during his 74-day tenure as the head of the judiciary.

    He listed several important cases, including Constitution bench matters, for adjudication, besides notifying 25 five-judge Constitution bench matters from August 29.

    READ HERE | Big shoes to fill after CJI Lalit; hope to continue his good work: Justice Chandrachud

    Justice Lalit, who was a senior advocate before being appointed a judge of the apex court, has been part of several path-breaking verdicts, including the one which held the practice of divorce through instant ‘triple talaq’ among Muslims illegal and unconstitutional.

    In January 2019, he recused himself from hearing the politically-sensitive Ram Janmabhoomi-Babri Masjid land title dispute in Ayodhya.

    One of the path-breaking verdicts Justice Lalit was part of was the August 2017 judgement by a five-judge Constitution bench which by a 3:2 majority ruled the practice of divorce through instant ‘triple talaq’ as “void”, “illegal” and “unconstitutional”.

    While the then Chief Justice J S Khehar and Justice S Abdul Nazeer were in favour of putting on hold the judgement for six months and asking the government to come out with a law to that effect, justices Kurian Joseph, R F Nariman, and Lalit held the practice as violative of the Constitution.

    Justices Khehar, Joseph, and Nariman have since retired.

    Among the other important judgements, a bench headed by Justice Lalit had ruled the erstwhile royal family of Travancore has the management right over the historic Sree Padmanabhaswamy Temple in Kerala, one of the richest shrines, holding that the rule of “heritability must get attached to a right of Shebait” (servitor) of the temple.

    In another significant judgement, a bench headed by Justice Lalit had ruled that touching sexual parts of a child’s body or any act involving physical contact with ‘sexual intent’ amounts to ‘sexual assault’ under section 7 of the Protection of Children from Sexual Offences (POCSO) Act as the most important ingredient is sexual intent and not skin-to-skin contact.

    Quashing the controversial ‘skin-to-skin’ judgements of the Bombay High Court in two cases under the POCSO Act, the bench had said the high court erred in holding that there was no offence since there was no direct ‘skin-to-skin’ contact with sexual intent.

    Justice Lalit enrolled as an advocate in June 1983 and practised in the Bombay High Court till December 1985.

    He shifted his practice to Delhi in January 1986, and in April 2004, he was designated as a senior advocate by the apex court.

    He was appointed a special public prosecutor for the CBI to conduct the trial in the 2G spectrum allocation case.

    NEW DELHI: Chief Justice of India Uday Umesh Lalit, the second head of judiciary to be directly elevated to the Supreme Court bench from the Bar, delivered several important verdicts during his brief 74-day tenure and initiated steps like live-streaming of proceedings and changing the process of listing of cases.

    Born on November 9, 1957, Justice Lalit was appointed judge of the Supreme Court on August 13, 2014 and was sworn in as the 49th CJI on August 27, 2022.

    November 8 is his last day in office.

    He was the second CJI to be directly elevated to the SC bench from the bar.

    Prior to him, Justice S M Sikri had become the 13th CJI in January 1971.

    SC judges superannuate at the age of 65.

    On the last working day, the CJI-led constitution bench, by a majority view of 3:2, upheld the validity of the 103rd Constitution amendment providing 10 per cent reservation to people belonging to economically weaker sections (EWS) in admissions and government jobs, saying the quota does not violate the basic structure of the Constitution.

    CJI Lalit concurred with the minority view of Justice S Ravindra Bhat who held the EWS quota as “unconstitutional” for excluding poor among SCs, STs and OBCs.

    Popular among lawyers for his polite demeanour, the CJI made most of his short tenure by hearing and disposing of as many cases as possible and starkly being strict in not granting adjournments to lawyers in matters listed for consideration.

    On the fourth anniversary of a landmark verdict on live telecast or webcast of important proceedings in matters of constitutional importance, Justice Lalit ordered commencement of live streaming of constitution bench cases from September 27 that included the challenge to the reservation for the Economically Weaker Sections.

    The CJI-led bench also paved way for hanging of Lashkar-e-Taiba (LeT) terrorist Mohammad Arif alias Ashfaq by dismissing his plea seeking review of its verdict awarding death penalty to him in the sensational 2000 Red Fort attack case that left three Army jawans dead.

    However, Justice Lalit’s bid to fill up the four vacancies of judges in the Supreme Court remained unfinished as his successor Justice D Y Chandrachud and Justice S A Nazeer objected to the procedure of seeking written consent to the proposal for the recommendation of names for appointment by the five-member collegiums.

    And, this led Justice Lalit to “discharge” the agenda keeping in mind the tradition that the outgoing CJIs leave the issue of appointment of judges through collegium deliberations to the successor the day their remaining tenure in the office comes down to a month.

    The CJI-led collegium, however, recommended names of around 20 judges in different high courts, besides the recommendation of the name of Chief Justice of the Bombay High Court Justice Dipankar Datta as a judge of the apex court.

    It also recommended the elevation of a few high court judges as chief justices (CJs), besides transferring some other CJs and judges.

    The top court currently has 28 judges against the sanctioned strength of 34.

    On the judgment delivery front, the CJI-led bench granted bails to activist Teesta Setalvad, arrested for allegedly fabricating evidence to frame “innocent people” in the 2002 Gujarat riots cases, and Kerala-based journalist Siddique Kappan, arrested in October 2020 while on his way to Hathras in Uttar Pradesh where a Dalit woman had died after allegedly being gang-raped.

    The CJI-led bench also referred to a five-judge Constitution bench a suo motu plea on framing of guidelines on how and when potential mitigating circumstances be considered by courts during trial in cases which entail the death penalty as the maximum punishment.

    Justice Lalit-led benches took very strong note of non-compliance of apex court orders and awarded four-month jail term to fugitive businessman Vijay Mallya, accused in bank loan default case of over Rs 9,000 crore involving his defunct Kingfisher Airlines.

    It also held the former promoters of Fortis Healthcare Ltd Malvinder Singh and Shivinder Singh guilty of contempt by not making a genuine attempt to pay Rs 1170.

    95 crore each towards honouring an arbitral award against them and handed down six months jail term to them.

    Justice Lalit-led bench also awarded one year jail term to a Kenyan citizen of Indian origin besides imposing a fine of Rs 25 lakh for committing civil and criminal contempt by playing “fraud” on it in securing the custody of his son from his estranged wife.

    He worked on three key areas, including listing of cases and mentioning of urgent matters in the Supreme Court during his 74-day tenure as the head of the judiciary.

    He listed several important cases, including Constitution bench matters, for adjudication, besides notifying 25 five-judge Constitution bench matters from August 29.

    READ HERE | Big shoes to fill after CJI Lalit; hope to continue his good work: Justice Chandrachud

    Justice Lalit, who was a senior advocate before being appointed a judge of the apex court, has been part of several path-breaking verdicts, including the one which held the practice of divorce through instant ‘triple talaq’ among Muslims illegal and unconstitutional.

    In January 2019, he recused himself from hearing the politically-sensitive Ram Janmabhoomi-Babri Masjid land title dispute in Ayodhya.

    One of the path-breaking verdicts Justice Lalit was part of was the August 2017 judgement by a five-judge Constitution bench which by a 3:2 majority ruled the practice of divorce through instant ‘triple talaq’ as “void”, “illegal” and “unconstitutional”.

    While the then Chief Justice J S Khehar and Justice S Abdul Nazeer were in favour of putting on hold the judgement for six months and asking the government to come out with a law to that effect, justices Kurian Joseph, R F Nariman, and Lalit held the practice as violative of the Constitution.

    Justices Khehar, Joseph, and Nariman have since retired.

    Among the other important judgements, a bench headed by Justice Lalit had ruled the erstwhile royal family of Travancore has the management right over the historic Sree Padmanabhaswamy Temple in Kerala, one of the richest shrines, holding that the rule of “heritability must get attached to a right of Shebait” (servitor) of the temple.

    In another significant judgement, a bench headed by Justice Lalit had ruled that touching sexual parts of a child’s body or any act involving physical contact with ‘sexual intent’ amounts to ‘sexual assault’ under section 7 of the Protection of Children from Sexual Offences (POCSO) Act as the most important ingredient is sexual intent and not skin-to-skin contact.

    Quashing the controversial ‘skin-to-skin’ judgements of the Bombay High Court in two cases under the POCSO Act, the bench had said the high court erred in holding that there was no offence since there was no direct ‘skin-to-skin’ contact with sexual intent.

    Justice Lalit enrolled as an advocate in June 1983 and practised in the Bombay High Court till December 1985.

    He shifted his practice to Delhi in January 1986, and in April 2004, he was designated as a senior advocate by the apex court.

    He was appointed a special public prosecutor for the CBI to conduct the trial in the 2G spectrum allocation case.