News Analysis India

Tag: D Y Chandrachud

  • Modernising judicial infrastructure: 27 more courtrooms in SC, 51 additional judge chambers

    Express News Service

    NEW DELHI: Stressing the need to modernise the judicial infrastructure to make the Supreme Court more accessible and inclusive, Chief Justice of India D Y Chandrachud on Tuesday announced the expansion of its infrastructure in two phases.

    He also recalled instances of arbitrary arrests and demolition of the properties of the accused, saying irrespective of the outcome of a case, the strength of the system is to grant justice. “That sense of confidence in an individual that an arbitrary arrest, a threatened demolition, if their properties are attached unlawfully, must find solace and a voice in judges of the Supreme Court,” he said.

    Speaking at a function organised by Supreme Court Bar Association (SCBA) to mark the 77th Independence Day, the CJI said the new building would accommodate 27 additional courts, 51 judges’ chambers, four registrar courtrooms, 16 registrar chambers as well as other facilities for lawyers and litigants. The proposal is awaiting approval from the Department of Justice.

    The expansion is proposed in two phases. In the first phase, the museum and the annexe building will be demolished to construct 15 courtrooms, judges’ chambers, SCBA library, etc. In the second phase, portions of the existing court complex will be demolished to build 12 courtrooms, judges’ chambers, registrar courts, etc. 

    Referring to Prime Minister Narendra Modi lauded the SC for beginning to upload judgments in regional languages, the CJI said the aim is to translate all 35,000 judgments of the top court since its inception in all Indian languages. Till now, 9,423 judgments have been translated — 8,977 in Hindi and the rest in various other regional languages, he said.

    NEW DELHI: Stressing the need to modernise the judicial infrastructure to make the Supreme Court more accessible and inclusive, Chief Justice of India D Y Chandrachud on Tuesday announced the expansion of its infrastructure in two phases.

    He also recalled instances of arbitrary arrests and demolition of the properties of the accused, saying irrespective of the outcome of a case, the strength of the system is to grant justice. “That sense of confidence in an individual that an arbitrary arrest, a threatened demolition, if their properties are attached unlawfully, must find solace and a voice in judges of the Supreme Court,” he said.

    Speaking at a function organised by Supreme Court Bar Association (SCBA) to mark the 77th Independence Day, the CJI said the new building would accommodate 27 additional courts, 51 judges’ chambers, four registrar courtrooms, 16 registrar chambers as well as other facilities for lawyers and litigants. The proposal is awaiting approval from the Department of Justice.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    The expansion is proposed in two phases. In the first phase, the museum and the annexe building will be demolished to construct 15 courtrooms, judges’ chambers, SCBA library, etc. In the second phase, portions of the existing court complex will be demolished to build 12 courtrooms, judges’ chambers, registrar courts, etc. 

    Referring to Prime Minister Narendra Modi lauded the SC for beginning to upload judgments in regional languages, the CJI said the aim is to translate all 35,000 judgments of the top court since its inception in all Indian languages. Till now, 9,423 judgments have been translated — 8,977 in Hindi and the rest in various other regional languages, he said.

  • 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

  • Vaccination of inmates at shelter home: SC directs charitable trust to approach Ghaziabad DM

    By PTI

    NEW DELHI: The Supreme Court has asked a charitable trust to approach the District Magistrate with its plea seeking directions for the vaccination of 13 inmates, who do not possess Aadhaar cards, of a shelter home at Loni in Ghaziabad district.

    A bench of Justices D Y Chandrachud and B V Nagarathna asked the Collector to scrutinise the grievance of the petitioners and, if it is found to be genuine, to ensure that necessary steps are taken for vaccinating the inmates without their being required to travel.

    “We must make it clear that since we are not issuing notice at this stage, there is no material in regard to the veracity or authenticity of the information which has been provided in the writ petition.

    “However, having regard to the nature of the grievance, the ends of justice would be served by permitting the petitioners to move the Collector and District Magistrate, Ghaziabad, together with a certified copy of this order,” the bench said.

    At the outset, the apex court made it clear that it was not inclined to issue notice at this stage as there is no material in regard to the veracity or authenticity of the information which has been provided in the writ petition.

    The top court, in its October 8 order, said it had no occasion to verify the correctness of the grievance or to comment on any of the factual aspects which have been adverted to in the petition, including the legal status of the Home.

    The apex court was hearing a plea filed by ‘Ek Ehsaas Foundation’ seeking directions for the vaccination of thirteen inmates of a shelter home maintained at Flat No 001, Plot No B-43, SLF, Ved Vihar, Loni, District Ghaziabad.

    The petitioner stated it is a registered charitable trust and among its objects, it maintains a home for orphans, destitute widows, abandoned and aged persons in Ghaziabad.

    The petitioner provides shelter to 13 inmates, some of them suffering dementia, some on wheelchair and others suffering from old age ailments.

    The trust told the bench that some of the inmates are stated to have Aadhaar cards and some were found abandoned in the street.

    In this backdrop, the plea stated that while a Covid-19 vaccination camp was held, the officials informed the petitioners that they could contact the State Government for remedial action.

  • ‘Situation is pitiable’: SC asks Centre to make appointments in tribunals within two weeks

    By PTI

    NEW DELHI: The Supreme Court on Wednesday asked the Centre to make appointments in two weeks in tribunals, which are facing a severe crunch of presiding officers as well as judicial and technical members, and apprise it of reasons if persons from the recommended list are left out in the process.

    A bench headed by Chief Justice N V Ramana and justices D Y Chandrachud expressed unhappiness over the unfilled vacancies in the quasi judicial bodies across the nation, and said the condition is ‘pitiable’ and the litigants cannot be ‘left in the lurch’.

    Attorney General K K Venugopal assured the bench that the Centre would make appointments in two weeks in the tribunals from the list of persons recommended by the search and selection committee.

    There are around 250 posts lying vacant in various key tribunals and appellate tribunals.

    The top court was hearing a clutch of petitions on the issue of vacancies in tribunals and the new law governing quasi judicial bodies.

  • Appointments in Tribunals clearly indicates ‘cherry picking’ of names: SC to Centre

    Attorney General K K Venugopal assured the bench that the Centre would make appointments in two weeks in the tribunals from the list of persons recommended by the search and selection committee.

  • Cherry-picking names for tribunals angers Supreme Court

    Express News Service

    NEW DELHI:  The Supreme Court on Wednesday came down heavily on the Centre for cherry-picking names recommended by the Search and Selection Committees (SCSCs) for filling up tribunal vacancies, adding it will hold its hand for now on hauling the government up for contempt.

    While the Centre claimed it had notified 84 appointments in three different tribunals — National Company Law Tribunal (NCLT), Armed Forces Tribunal (AFT) and Income Tax Appellate Tribunal (ITAT) — on  September 12, a special bench led by Chief Justice of India N V Ramana and comprising justices D Y Chandrachud and L N Rao took a swipe at it. 

    The SCSC recommended 11 judicial members and 10 technical members for NCLT. But the appointment letters suggest some members were cherry-picked. “We cannot ignore selected candidates and go to waitlist. What type of selection and appointment is this,” the CJI asked. ITAT appointments, too, were on similar lines, the bench said. 

    “As part of SCSC for NCLT, I interviewed 534 candidates for judicial post and 400-odd for technical. Out of that we chose 11 for judicial and 10 for technical. Of the judicial members, they selected four and picked up three others from the waitlist. Same with technical members. We travelled across the country for this… But it seems to be a waste of time,” the CJI rued.

    Venugopal defended the government, citing a provision under the new Act. Justice Chandrachud reminded him that he was relying on a provision struck down by the SC in July. When Justice Rao emphasised the government couldn’t have picked up people from the list prepared for later-day vacancies, the A-G said the government was well within its rights to do so. Venugopal cited the The Tribunal Reforms Act, 2021, to assert the Centre’s dominance over such appointments.

    Time sought“What is the sanctity of the process if govt has the last word?” the bench asked. The A-G said, “Please have it after a week. We’ll reconsider non-acceptance list.”

  • Supreme Court Justice DY Chandrachud tests positive for COVID-19

    By PTI
    NEW DELHI: Supreme Court judge Justice D Y Chandrachud has tested positive for COVID-19, the apex court sources said on Wednesday.

    The top court meanwhile issued a notice which said the scheduled hearing on Thursday before a three-judge bench headed by Justice Chandrachud in the suo motu case for ensuring distribution of essential supplies and services during the COVID-19 pandemic stands deferred as one of the judges of the bench has “tested positive” for coronavirus.

    The top court sources said Justice Chandrachud, who is heading the bench in the suo motu case, is unwell and is suffering from mild fever.

    Justice Chandrachud is recovering well, they added.

    “Take notice that since one of the judges of the bench scheduled to hear. Titled ‘In Re: Distribution of essential supplies and services during pandemic’ and similar matters, on May 13, 2021 (Thursday) has tested positive for COVID-19, the special bench comprising Dr Justice D Y Chandrachud, Justice L Nageswara Rao and Justice S Ravindra Bhat in court no.5 will not sit and the matters listed before this bench stand deferred and fresh date of listing shall be notified later,” the notice issued by the top court said.

    Besides the suo motu case, several other petitions raising issues related to COVID-19 were also listed for hearing before the bench on Thursday.

    On May 10, the apex court had said it would hear on May 13 the suo motu case as the virtual proceedings were encountering technical glitches on that day.

    The bench had said that the deferment would give judges more time to go through the Centre’s affidavit in the matter which was filed on May 9.