One bench of the Supreme Court rarely recalls the decision of another bench within the span of one month, when the judges of the earlier bench are yet to retire.
By making its proceedings public, the collegium has finally realised that it did not need to wait for the Centre to act in order to kick off a reform process.
Judges whose rulings have gone against the BJP and its leaders are discovering that their prospects for advancement have been blocked.
The collegium appears divided on the issues of transparency and government influence in the judge selection process, further aggravating the burden on the Supreme Court.
By finalising a few names recommended by the collegium in accordance with the existing MoP but refraining from considering the rest on the ground that the MoP is not valid, the government is acting inconsistently and without any rationale.
We are left in the end with the collegium once again, and the only effective remedy for its problems is for the members of the collegium to exhibit a united front. This requires bold statesmanship on their part.
The recommendations, on the face of it, fail to satisfy the criteria mentioned in Supreme Court’s December 16, 2015 judgment, and therefore, raise the question of whether the efforts of the constitution bench to reform the collegium have gone in vain.
After Justice Shakhder from Delhi, Justice Thipsay of the Bombay high court becomes the second senior judge to be transferred to another court just a year before his retirement.
The government should not delay the appointment of judges when there is such a huge pendency of cases, said Justice T.S. Thakur.
That will ensure there is public transparency both about what the collegium is looking for in a judge and what the judge herself or himself has to offer.
In its NJAC verdict, the Supreme Court did not fail to respect parliamentary supremacy but it also got a few things wrong
By striking down the NJAC, what the Supreme Court has preserved is not the independence the Constitution conferred on the judiciary, but a privilege which it did not.
Retired judge Kenneth Hayne recently told a conference audience that he had no warning of his appointment to the High Court in 1997. The federal attorney-general simply telephoned one afternoon to offer him the position, confirmed the appointment half an hour later, and it was publicly announced 20 […]
From the Collegium to the Bar Council and now the CLAT exam, the Indian legal universe is run by cliques who are not accountable to anyone other than themselves