Salve sir and Malhotra sir were on point. No organ is above our constitution and our country. What must be done, which is best for the country. Any organ, be it legislature, executive or judiciary, if there is flaw it must be rectified.
Even first past the post poll is another form of majoritanism, which doesn't augur well present era democratic setup. So is the legislature willing to reform? The governor position is also controversial in a federal setup, is the legislature willing to change that? So let the reform begin within the legislature as charity begins at home.
No one asked for judiciary reforms when Ranjan Gogoi accepted a Rajya Sabha seat in lieu of Ayodhya judgement, since it was a pro govt judgement but the moment SC started hearing petitions for LGBTQI+ govt found the time has come to assert its superiority. How cute @@sonukrishnanrs5527
Very Excellent & Intellect debate by excellencies .. these 3 intellectuals point of argument are extremely pertinent, to the point & logical in nature !
Deeply grateful to all of you sir. Very interesting discussion.... Sir, it is seen that in lower court also , where Hugh number of cases pending in our country, there also in most of the states, high courts are appointing the lower court judges. Same problems are faces as said by the Secretary sir...like nepotism, bhaisara etc... This problem should also be highlighted...
If they want "public" representation then just bring back the Jury system ! And if not then the reason why it was rejected(i.e Public just giving emotion based judgements not as capable as lawyers) applies to the Center ALSO !
As India has three seperate arms of democracy they should remain free in healthy development of India But also there must be qualified restriction on each arm, be it legislature, executive or judiciary Next for appointments there should be proper committee unlike current collegium or njac that had been strucked down but broader committee It would be consist of cji, cj(HC's), govt members, members of opposition, etc There should be free discussion without any bias and appointment would be done by voting with special majority This procedure is complex but it should be a transition method while moving away with only judges appointing judges And to involve members appointed by people ( representatives of people) That is how democracy works and run with changing time Further more there should be fast appointments of judges, better institutional reforms, etc This would strengthen judiciary and democracy at large.
There should be one dissenting member on the panel to have an insightful debate. But unfortunately all three agree on the same, so we didn't get Judiciary point of view on the controversy.
Justice Ansari is a member of the Judiciary. He basically said, "Bring it on legislature, we're not gonna approve it anyway". So, yes there was a dissenting view
🤫🧐🕵️🧑⚖️🤐 1. Collegium System of judiciary appointments needs to be scrapped. There are so many of excellent practicising Advocates and Judges who don't become SC HC judges or CJI even after passing Judiciary exams. We criticize nepotism and transparency in Politics, Film fraternity and Indian Corporate, but not in Judicial system : a. Collegium practise of appointment is only in India and nowhere in the world. There have been multiple instances of nepotism in appointments. Judiciary (and NOT the Parliament) enacted Collegium law procedure in 1993 of appointing new SC and HC Judges by group of 5 senior SC Judges. So 5 SC Judges collegium decides appointment of SC/ HC Judges with no consultation with Govt. b. Collegion is not mentioned in Indian Constitution. It was enacted by Judges themselves in 1993. c. No minutes, notings files available under RTI d. No consultative approach in collegion appointment in case of objections raised by govt. e. Numerous instances of nepotism in judicial apointments by Collegium. There should be panel comprising noted Public figures, Executive, Govt, Opposition and Judges. f. Judges wealth is not disclosed. g. NJAC Judicial Reforms bill passed unanimously by both Lok Sabha and Rajya Sabha in Parliament was scrapped by SC judges. 🕵️ See the below list 🤫🤐🧑⚖️ Sitting SC Judges Dhananjaya Yashwant Chandrachud CJI, SC Judge Father : Yeshwant Vishnu Chandrachud, Ex CJI, SC Judge Kuttiyil Mathew Joseph SC Judge Father : K K Mathew, SC Judge Sanjiv Khanna SC Judge Father : Dev Raj Khanna, Delhi HC Judge B V Nagarathna SC Judge Father : E S Venkataramiah, Ex CJI, SC Judge Pamidighantam Sri Narasimha SC Judge Father : Kodanda Ramayya, Judge Sudhanshu Dhulia SC Judge Father : K C Dhulia, Allahabad HC Judge Sanjay Kishan Kaul SC Judge Brother : Neeraj Kishan Kaul, Delhi HC Judge Dipankar Datta SC Judge Father : Salil Kumar Datta, Calcutta HC Judge. Brother in Law : Amitava Roy, SC Judge Some earlier instances : U U Lalit Ex CJI, SC Judge Father : U R Lalit, Ex CJI, SC Judge Dipak Mishra Ex CJI, SC Judge Uncle : Ranganath Mishra, Ex CJI, SC Judge Bijan Kumar Mukherjea Ex CJI, Ex SC Judge Son : Amiya Kumar Mookerji, Calcutta HC Judge Lalit Mohan Sharma Ex CJI, SC Judge Father : L.N. Sinha, Ex AG of India Son : Parthasarthy, Patna HC Judge Arun Kumar Mishra Ex SC Judge Father : Hargovind Mishra, MP HC Judge Ranganath Misra Ex CJI, SC Judge Father : Godabarish Misra, Ex Orissa Education Minister, Congress Politician Sudhi Ranjan Das Ex CJI, SC Judge Son in Law : Ashok Sen, Ex Union Law Minister Sabyasachi Mukharji Ex CJI, SC Judge Father : Prasanta Bihari Mukharji, Ex Chief Justice, Calcutta HC Rohinton Fali Nariman Ex SC Judge Father : Fali Sam Nariman, Ex SC advocate, President Bar Association of India Raghunandan Swarup Pathak Ex CJI, SC Judge Father : Gopal Swarup Pathak, Ex Vice President of India Bhuvaneshwar Prasad Sinha Ex CJI, SC Judge Grandson : B P Singh, SC Judge Madan Bhimarao Lokur Ex SC Judge Father : Bhimrao Lokur, Allahabad HC Judge Pinaki Chandra Ghose Ex SC Judge Father : Sambhu Chandra Ghose, Ex Chief Justice of Calcutta High Court Arjan Kumar Sikri Ex SC Judge Father : Sarv Mittra Sikri, Ex CJI, SC Judge Koka Subba Rao Ex CJI, SC Judge Brother in Law : . V. Rajamannar, Ex Madras Governor, Ex Chief Justice Madras HC P. N. Bhagwati Ex CJI, SC Judge Father : Natwarlal H. Bhagwati, Ex SC Judge P. B. Gajendragadkar Ex CJI, SC Judge Son in Law : Raghavendra Jahagirdar, Bombay HC Judge Rajesh Kumar Agrawal Ex SC Judge Father : Rajesh Kumar Agrawal, Ex Advocate General UP State Sharad Arvind Bobde Ex CJI, SC Judge Father : Shrinivas Bobde, AG of Maharastra Mirza Hameedullah Beg Ex CJI, SC Judge Father : Mirza Samiullah Beg, Ex Chief Justice, Hyderabad Madhukar Hiralal Kania Ex CJI, SC Judge Father's brother : H J Kania, Ex CJI, SC Judge Ranjan Gogoi Ex CJI, SC Judge Father : Kesab Chandra Gogoi, Chief Minister of Assam Tirath Singh Thakur Ex CJI, SC Judge Father : Devi Das Thakur, Governor of Assam Rajendra Mal Lodha Ex CJI, SC Judge Father : S K Mal Lodha, Rajasthan HC Judge Altamas Kabir Ex CJI, SC Judge Father : Jehangir Kabir, Congress politician, Trade Union Leader Sister : Shukla Kabir Sinha, Calcutta HC Judge R C Lahoti Ex CJI, SC Judge Father : Ratan Lal Lahoti, Advocate, Congress politician Aziz Mushabber Ahmadi Ex CJI, SC Judge, AMU Chancellor Father : Bombay Judge Ajit Nath Ray Ex CJI, SC Judge Son : Ajoy Nath Ray, Chief Justice, Allahabad HC Bhupinder Nath Kirpal Ex CJI, SC Judge Son : Saurabh Kirpal, Delhi HC Judge 🤫🤐🧐🤔🕵️👆 2. Focus on Judicial reforms : a. Video hearing must be implemented in all Indian Courts. b. Online submission of Court documentation be mandatory for all juidiciary, there should be no manual files modality. c. Court fee deposit & fee refund modality is excessively delayed and full of corruption by Collector authorities. d. Gate pass system : Litigants need to stand in queue for hours, Online gate pass (eg. DHC) is useless and thus not used. e. 5 crore cases pending across Indian courts, some going on for 30..40 years also. Cases go on till litigants expire. f. Courts addressal system and dress code : Still British era "MiLords", "Your lordship' is used. Black gown dress is archaic. g. Listing of cases is prejudiced for 'elite' lawyers where they get one day listing and even in night, whereas public gets after waiting months. SC court opens at night and allows one day listing for 'elite' lawyers like Singhvi, Sibal, Dave, Chidabaram, Bhushan etc whereas public listings are given after months. h. Judgements vary across judges due to archaic British laws adopted by India. IPC needs to be rewritten. Kiran Negi case is classic example. Lower and High court gave death sentence, SC frees accused. Laws and its procedures should be clear and streamlined so that these can be interpreted same for all judiciary/public. i. Forensic system : Eg. Ink and Paper dating forensic technique not there. CFSL is not equipped for it to leverage latest techniques available abroad. j. Multiple Property related matters because there is no clear law on Inheritance Will. Anyone can bring 2 bogus hired witnesses, get a good forger, execute an 'Unregistered Will' and dispute even a 'Registered Will' doc. And then such property cases go on for years altogether. k. Holidays : No profession except teaching and judiciary allows summer and winter vacations. So we have courts shut for vacations with 5 crore cases piling up. Consider this, Govt provides Judiciary salaries but vacations, holidays are decided by judges themselves. l. Courts hearing timings are as low as 5.30 hours per day with 30 minutes lunch break. Compare it with private or even govt employees or even business for that matter. m. Focus on streamlining laws across communities in secular nation : - Control over Temples whereas Mosques, Churches etc are free - WAKF Act only for one community - Places of Worship Act - Quotas based upon castes, tribal etc continuing since independance, though they were initially for 10 years. Need to be changed to economic weaker quota model only. n. Corruption in Judicial system needs to be addressed. o. Unnecessary interference into Executive, Govt when their own Judicial system needs a major overhaul with 5 crore pending cases. They have all the time to hear frivilous matters eg. Jallikattu (religious practise), CEC appointment (Government responsibility), H!j0b (6 girls) in school, Demonitization (6 years old matter in Govt RBI jurisdiction) instead of first reforming the Judicial system.
SC collegium is not actually d problem... pendency in higher judiciary is bcz of scores of things including, As,Mr.Salve rightly pointed,i.e.,lack of judges (Judges/millions) but given our financial feasibility we can't abruptly increase the judges overnight.But what could be done are,firstly, Don't retire experienced HC judges merely at 62(at least let them work till 65). Secondly, Retired SC judges can also be asked (with ample financial returns) to dispose off cases especially pertaining SLP(special leave petition)as it comprises lions share of pendent cases.Thirdly, Technology can be act as panacea and virtual IT based court can supplement our traditional courts if not supplant(no need to build expensive infrastructure).Last but not d least, Mediation over litigation can be a choice as it's faster and also good balanced verdicts in no time.
I dont think people really care about how judges are being appointed...just look at the views we have on this video... And Yes,we do need more transparency when it comes to the appointment of judges without any interventions from executives.... Since we are at it,lets discuss one more point, CJI is being chosen only on the basis of seniority irrespective of other criteria...which needs to be addressed too !!!
Such a energetic voice...Tina jha ma'am. Proud daughter of Bihar... Inspiration for we bihari.. May God i may emulate such energetic n flow of expression
Coalition government =possibility of judicial overreach. Government in majority =possibility of executive overreach. Independence of judiciary does not mean judges should appoint judges, transparency is needed. Collegium system does not derived from constitution but it is judicial activism through which people will may be compromised because no role of representative government in appointment of judges. Therefore panel consist of judiacial and government representatives should be setup to bring absolute solution to problem of transparency in judiaciary .
With due respect to all the honorable panelist out there, I, as a judicial employee, have a say that the staff of a court is also an integral part of the justice delivery system, but no one really addresses the issues of the staff, this issue must be discussed thoroughly, if are emphasizing developed infrastructure also emphasize on the issues of the staff, especially on the pay scale, our take home salary is lower than a primary school teacher but we need to work till 5 pm and often beyond(which is not a complaint though). Thank you.
8:34 Judicary role is to see whether the law passed by the legislation is in consistent with the constitutionof India, if it is inconsistent...judicary has the say in it, but democracy is in threat the day judiciary try to intervene in another pillar of democracy
Judiciary has powder to struck down any act which affect the right of people which provideed by constitution .....which say....check and balance in the rigime by independent institution
We are not happy by the way judgement are passed n judiciary of india We need changes in judicial system and judicial must not poke their nose in the elected governance.
Consultation means just knowing the openeon, but not the seeking of the permission at all, had it been for the consent , in that case the language should have been " at the advice of CJI ", Thus consultation can't be understood / construed as an obtaining / seeking advice / permission at all.
Ansari is diverting, Mr Ansari (2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years:
Even first past the post poll is another form of majoritanism, which doesn't augur well present era democratic setup. So is the legislature willing to reform? The governor position is also controversial in a federal setup, is the legislature willing to change that? So let the reform begin within the legislature as charity begins at home.
Judges are not judging according to the dharma. Judgements are increasingly agenda driven, personal opinions, judges knowledge. Look at the Nipur sharma case, one is forever suffering others enjoying their freedom of expression...... Down with Harvard sahebs. We want a judiciary that understand oue ethos.
Mr. Ansari Collegium judges hears petition against collegium declared invalid. Fundamental right belongs to the citizens not Supremecourt. My 6th fundamental right is Supreme to that of Supremecourt, from here Supremecourt derives that power.....
How can SC be above govt? The voice of people in selection of judges may be considered to the extent possible. Accountability of judges be fixed through suitable bill/ law. The systems of developed countries be studied and adopted as far as possible. Suggestions from people be invited. The max limit ( say 6 months) be fixed for SC to pronounce it's reserved judgements.
If executive is going to hv say in appointment in judges, then who's going to uphold the executive accountable? Is the ans executive question itself ultimately in that case. But this is quite a utopian notion. E.g. sansad tv is govt sponsored media, so ultimately it's going to support its sponsor no matter what it takes. However, let NJAC cm again n let SC again put the last nail on the coffin.
The Protocol of the Constitutional Institutions keeps the Will of the People, Government superior. It is unfortunate that Democracy is more often exploited by selfish family oriented nasty dynast cannot be a reason for the Judiciary to interfere in the decision of the Government in State Policy matters and especially to weaken the Fulcrum of our Constitution. Also when the pendency of cases is piling up in courts and the Government is the largest litigant, I think our Judiciary must have passed an order that every rule Government makes shall have Compulsory Compliance report filed within three months by the institution bound to comply DIGITALLY and to the Hon'ble Ministry of Home, Defence, PMO. The failure is detected & rectified as in the case of Jan Dhan Account, Direct Benefit Transfer App like. Then the judiciary will have less number of cases to dispose & thus Corruption in institutions can be restricted if not eleminated totally. Similarly in the appointment of teachers, selection of teachers to teach/transfer the Scientific Concepts to the students mind, must be the main Uncompromising criteria. If these simple things done no body can stop Bharat becoming the leader of the world. The Lakshman Rekha that matters & Judiciary will have to be respectful to maintain its own Majesty. K.S.Nagarajan, Chennai.
We elect the legislature doesn't means that whatever they decide its people voice. Sometime they go hunger for power as well party( ruling regime) benefit
It should Be Egalitarian for all instead. Appointment of Judge There is no Part of Legislative. But colizium system it self a question able choice. The judges of SC will Sugest the name of the judges president only select .
My Auto Biography Realised by Former Governor of West Bengal And Ptesent vice president of India Shri Jagdeep Dhankar On 20.03.2022 Member International Court of justice And Member International criminal Court Hague Peace place The Netherland s
Judiciary should have powers to struck down any law if it is unconstitutional .. but by the judges appointed by the executive (which constitutes significant part of legislation ) ...lol
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I love to hear Mr Salve, always to the point, absolutely unbiased and logical 🙏🏻
Salve sir and Malhotra sir were on point. No organ is above our constitution and our country. What must be done, which is best for the country. Any organ, be it legislature, executive or judiciary, if there is flaw it must be rectified.
Even first past the post poll is another form of majoritanism, which doesn't augur well present era democratic setup. So is the legislature willing to reform?
The governor position is also controversial in a federal setup, is the legislature willing to change that? So let the reform begin within the legislature as charity begins at home.
@@SahilSharma-sn6cjNo, Legislature itself is reforming.....
No one asked for judiciary reforms when Ranjan Gogoi accepted a Rajya Sabha seat in lieu of Ayodhya judgement, since it was a pro govt judgement but the moment SC started hearing petitions for LGBTQI+ govt found the time has come to assert its superiority. How cute @@sonukrishnanrs5527
Very Excellent & Intellect debate by excellencies .. these 3 intellectuals point of argument are extremely pertinent, to the point & logical in nature !
Deeply grateful to all of you sir. Very interesting discussion....
Sir, it is seen that in lower court also , where Hugh number of cases pending in our country, there also in most of the states, high courts are appointing the lower court judges. Same problems are faces as said by the Secretary sir...like nepotism, bhaisara etc...
This problem should also be highlighted...
Please invite all the panelist. Corona has long gone.
THIS TOPIC ITSELF SEEMS VERY IMPORTANT, WITH DUE RESPECT I RESPECT SANSAD TV TO PROVIDE SHORT NOTES OF THIS TOPIC FOR PUBLIC BENEFITS🙏😌
😅😅
🤣
Thanks for such a delightful discussion. It'll surely help us to get handsome marks in cse. Thanks again to all of u.
Ask them why judicial system cost higher like auction?
@@saroj1296 Kindly learn some English buddy
What an enlightening discussion! Deeply grateful, Sansad TV ❤️
I am a student of law and on that concerned this debate has clear my entire doubts on appointment procedure of honourable judges.
If they want "public" representation then just bring back the Jury system ! And if not then the reason why it was rejected(i.e Public just giving emotion based judgements not as capable as lawyers) applies to the Center ALSO !
Thanks sansad tv 🙏🏿
As India has three seperate arms of democracy they should remain free in healthy development of India
But also there must be qualified restriction on each arm, be it legislature, executive or judiciary
Next for appointments there should be proper committee unlike current collegium or njac that had been strucked down but broader committee
It would be consist of cji, cj(HC's), govt members, members of opposition, etc
There should be free discussion without any bias and appointment would be done by voting with special majority
This procedure is complex but it should be a transition method while moving away with only judges appointing judges
And to involve members appointed by people ( representatives of people)
That is how democracy works and run with changing time
Further more there should be fast appointments of judges, better institutional reforms, etc
This would strengthen judiciary and democracy at large.
Very informative for mains writing
Thankyou SansadTV for this enlightening discussion.
I want to be Taught by Mr. P. K Malhotra Sir🙏🙏 (Constitution of India) I Like the way he is explaining 🙏🙏
Plz share this comment to reach him 🙏
With due respect to hon’ble VP, I think being a lawyer he definitely must have known about marbury vs Madison case and doctrine of judicial review
Our Present Vice President HE Dhankar's view is RIGHT on judiciary striking down NJAC.
There should be one dissenting member on the panel to have an insightful debate. But unfortunately all three agree on the same, so we didn't get Judiciary point of view on the controversy.
Justice Ansari is a member of the Judiciary. He basically said, "Bring it on legislature, we're not gonna approve it anyway". So, yes there was a dissenting view
🤫🧐🕵️🧑⚖️🤐
1. Collegium System of judiciary appointments needs to be scrapped. There are so many of excellent practicising Advocates and Judges who don't become SC HC judges or CJI even after passing Judiciary exams. We criticize nepotism and transparency in Politics, Film fraternity and Indian Corporate, but not in Judicial system :
a. Collegium practise of appointment is only in India and nowhere in the world. There have been multiple instances of nepotism in appointments.
Judiciary (and NOT the Parliament) enacted Collegium law procedure in 1993 of appointing new SC and HC Judges by group of 5 senior SC Judges. So 5 SC Judges collegium decides appointment of SC/ HC Judges with no consultation with Govt.
b. Collegion is not mentioned in Indian Constitution. It was enacted by Judges themselves in 1993.
c. No minutes, notings files available under RTI
d. No consultative approach in collegion appointment in case of objections raised by govt.
e. Numerous instances of nepotism in judicial apointments by Collegium. There should be panel comprising noted Public figures, Executive, Govt, Opposition and Judges.
f. Judges wealth is not disclosed.
g. NJAC Judicial Reforms bill passed unanimously by both Lok Sabha and Rajya Sabha in Parliament was scrapped by SC judges.
🕵️ See the below list 🤫🤐🧑⚖️
Sitting SC Judges
Dhananjaya Yashwant Chandrachud
CJI, SC Judge
Father : Yeshwant Vishnu Chandrachud, Ex CJI, SC Judge
Kuttiyil Mathew Joseph
SC Judge
Father : K K Mathew, SC Judge
Sanjiv Khanna
SC Judge
Father : Dev Raj Khanna, Delhi HC Judge
B V Nagarathna
SC Judge
Father : E S Venkataramiah, Ex CJI, SC Judge
Pamidighantam Sri Narasimha
SC Judge
Father : Kodanda Ramayya, Judge
Sudhanshu Dhulia
SC Judge
Father : K C Dhulia, Allahabad HC Judge
Sanjay Kishan Kaul
SC Judge
Brother : Neeraj Kishan Kaul, Delhi HC Judge
Dipankar Datta
SC Judge
Father : Salil Kumar Datta, Calcutta HC Judge.
Brother in Law : Amitava Roy, SC Judge
Some earlier instances :
U U Lalit
Ex CJI, SC Judge
Father : U R Lalit, Ex CJI, SC Judge
Dipak Mishra
Ex CJI, SC Judge
Uncle : Ranganath Mishra, Ex CJI, SC Judge
Bijan Kumar Mukherjea
Ex CJI, Ex SC Judge
Son : Amiya Kumar Mookerji, Calcutta HC Judge
Lalit Mohan Sharma
Ex CJI, SC Judge
Father : L.N. Sinha, Ex AG of India
Son : Parthasarthy, Patna HC Judge
Arun Kumar Mishra
Ex SC Judge
Father : Hargovind Mishra, MP HC Judge
Ranganath Misra
Ex CJI, SC Judge
Father : Godabarish Misra, Ex Orissa Education Minister, Congress Politician
Sudhi Ranjan Das
Ex CJI, SC Judge
Son in Law : Ashok Sen, Ex Union Law Minister
Sabyasachi Mukharji
Ex CJI, SC Judge
Father : Prasanta Bihari Mukharji, Ex Chief Justice, Calcutta HC
Rohinton Fali Nariman
Ex SC Judge
Father : Fali Sam Nariman, Ex SC advocate, President Bar Association of India
Raghunandan Swarup Pathak
Ex CJI, SC Judge
Father : Gopal Swarup Pathak, Ex Vice President of India
Bhuvaneshwar Prasad Sinha
Ex CJI, SC Judge
Grandson : B P Singh, SC Judge
Madan Bhimarao Lokur
Ex SC Judge
Father : Bhimrao Lokur, Allahabad HC Judge
Pinaki Chandra Ghose
Ex SC Judge
Father : Sambhu Chandra Ghose, Ex Chief Justice of Calcutta High Court
Arjan Kumar Sikri
Ex SC Judge
Father : Sarv Mittra Sikri, Ex CJI, SC Judge
Koka Subba Rao
Ex CJI, SC Judge
Brother in Law : . V. Rajamannar, Ex Madras Governor, Ex Chief Justice Madras HC
P. N. Bhagwati
Ex CJI, SC Judge
Father : Natwarlal H. Bhagwati, Ex SC Judge
P. B. Gajendragadkar
Ex CJI, SC Judge
Son in Law : Raghavendra Jahagirdar, Bombay HC Judge
Rajesh Kumar Agrawal
Ex SC Judge
Father : Rajesh Kumar Agrawal, Ex Advocate General UP State
Sharad Arvind Bobde
Ex CJI, SC Judge
Father : Shrinivas Bobde, AG of Maharastra
Mirza Hameedullah Beg
Ex CJI, SC Judge
Father : Mirza Samiullah Beg, Ex Chief Justice, Hyderabad
Madhukar Hiralal Kania
Ex CJI, SC Judge
Father's brother : H J Kania, Ex CJI, SC Judge
Ranjan Gogoi
Ex CJI, SC Judge
Father : Kesab Chandra Gogoi, Chief Minister of Assam
Tirath Singh Thakur
Ex CJI, SC Judge
Father : Devi Das Thakur, Governor of Assam
Rajendra Mal Lodha
Ex CJI, SC Judge
Father : S K Mal Lodha, Rajasthan HC Judge
Altamas Kabir
Ex CJI, SC Judge
Father : Jehangir Kabir, Congress politician, Trade Union Leader
Sister : Shukla Kabir Sinha, Calcutta HC Judge
R C Lahoti
Ex CJI, SC Judge
Father : Ratan Lal Lahoti, Advocate, Congress politician
Aziz Mushabber Ahmadi
Ex CJI, SC Judge, AMU Chancellor
Father : Bombay Judge
Ajit Nath Ray
Ex CJI, SC Judge
Son : Ajoy Nath Ray, Chief Justice, Allahabad HC
Bhupinder Nath Kirpal
Ex CJI, SC Judge
Son : Saurabh Kirpal, Delhi HC Judge
🤫🤐🧐🤔🕵️👆
2. Focus on Judicial reforms :
a. Video hearing must be implemented in all Indian Courts.
b. Online submission of Court documentation be mandatory for all juidiciary, there should be no manual files modality.
c. Court fee deposit & fee refund modality is excessively delayed and full of corruption by Collector authorities.
d. Gate pass system : Litigants need to stand in queue for hours, Online gate pass (eg. DHC) is useless and thus not used.
e. 5 crore cases pending across Indian courts, some going on for 30..40 years also. Cases go on till litigants expire.
f. Courts addressal system and dress code : Still British era "MiLords", "Your lordship' is used. Black gown dress is archaic.
g. Listing of cases is prejudiced for 'elite' lawyers where they get one day listing and even in night, whereas public gets after waiting months. SC court opens at night and allows one day listing for 'elite' lawyers like Singhvi, Sibal, Dave, Chidabaram, Bhushan etc whereas public listings are given after months.
h. Judgements vary across judges due to archaic British laws adopted by India. IPC needs to be rewritten. Kiran Negi case is classic example. Lower and High court gave death sentence, SC frees accused. Laws and its procedures should be clear and streamlined so that these can be interpreted same for all judiciary/public.
i. Forensic system : Eg. Ink and Paper dating forensic technique not there. CFSL is not equipped for it to leverage latest techniques available abroad.
j. Multiple Property related matters because there is no clear law on Inheritance Will. Anyone can bring 2 bogus hired witnesses, get a good forger, execute an 'Unregistered Will' and dispute even a 'Registered Will' doc. And then such property cases go on for years altogether.
k. Holidays : No profession except teaching and judiciary allows summer and winter vacations. So we have courts shut for vacations with 5 crore cases piling up. Consider this, Govt provides Judiciary salaries but vacations, holidays are decided by judges themselves.
l. Courts hearing timings are as low as 5.30 hours per day with 30 minutes lunch break. Compare it with private or even govt employees or even business for that matter.
m. Focus on streamlining laws across communities in secular nation :
- Control over Temples whereas Mosques, Churches etc are free
- WAKF Act only for one community
- Places of Worship Act
- Quotas based upon castes, tribal etc continuing since independance, though they were initially for 10 years. Need to be changed to economic weaker quota model only.
n. Corruption in Judicial system needs to be addressed.
o. Unnecessary interference into Executive, Govt when their own Judicial system needs a major overhaul with 5 crore pending cases.
They have all the time to hear frivilous matters eg. Jallikattu (religious practise), CEC appointment (Government responsibility), H!j0b (6 girls) in school, Demonitization (6 years old matter in Govt RBI jurisdiction) instead of first reforming the Judicial system.
SC collegium is not actually d problem... pendency in higher judiciary is bcz of scores of things including,
As,Mr.Salve rightly pointed,i.e.,lack of judges (Judges/millions) but given our financial feasibility we can't abruptly increase the judges overnight.But what could be done are,firstly, Don't retire experienced HC judges merely at 62(at least let them work till 65). Secondly, Retired SC judges can also be asked (with ample financial returns) to dispose off cases especially pertaining SLP(special leave petition)as it comprises lions share of pendent cases.Thirdly, Technology can be act as panacea and virtual IT based court can supplement our traditional courts if not supplant(no need to build expensive infrastructure).Last but not d least, Mediation over litigation can be a choice as it's faster and also good balanced verdicts in no time.
I dont think people really care about how judges are being appointed...just look at the views we have on this video...
And Yes,we do need more transparency when it comes to the appointment of judges without any interventions from executives....
Since we are at it,lets discuss one more point, CJI is being chosen only on the basis of seniority irrespective of other criteria...which needs to be addressed too !!!
Such a energetic voice...Tina jha ma'am. Proud daughter of Bihar...
Inspiration for we bihari..
May God i may emulate such energetic n flow of expression
Thank u so much for a wonderful discussion
Harish sir and malhotra sir with rstv thanks you all fair discussion
Thanks 🙏
Good debate. Insightful
Enlightenment video
सरकारी चैनल पर इतना बढ़िया डिबेट👏👏
Coalition government =possibility of judicial overreach.
Government in majority =possibility of executive overreach.
Independence of judiciary does not mean judges should appoint judges, transparency is needed.
Collegium system does not derived from constitution but it is judicial activism through which people will may be compromised because no role of representative government in appointment of judges.
Therefore panel consist of judiacial and government representatives should be setup to bring absolute solution to problem of transparency in judiaciary .
Theory of separation of power is not strictly followed in India.
Love you chanel it is creative good video
With due respect to all the honorable panelist out there, I, as a judicial employee, have a say that the staff of a court is also an integral part of the justice delivery system, but no one really addresses the issues of the staff, this issue must be discussed thoroughly, if are emphasizing developed infrastructure also emphasize on the issues of the staff, especially on the pay scale, our take home salary is lower than a primary school teacher but we need to work till 5 pm and often beyond(which is not a complaint though). Thank you.
8:34 Judicary role is to see whether the law passed by the legislation is in consistent with the constitutionof India, if it is inconsistent...judicary has the say in it, but democracy is in threat the day judiciary try to intervene in another pillar of democracy
Healthy debate
thanks
Thanks 👌
What ever the system maybe it must be significant and transparent
Super content keep unloading this type of video ❤️
Judiciary has powder to struck down any act which affect the right of people which provideed by constitution .....which say....check and balance in the rigime by independent institution
Why were Justice Ansari’s words muted at 9:51 ?
Enlightening discussion 👌
Good...
Wow!
Imagine Sasmit Patra there would have been a firey debate 😂
What you think about affordable judiciary reform.
We are not happy by the way judgement are passed n judiciary of india
We need changes in judicial system and judicial must not poke their nose in the elected governance.
Consultation means just knowing the openeon, but not the seeking of the permission at all, had it been for the consent , in that case the language should have been " at the advice of CJI ", Thus consultation can't be understood / construed as an obtaining / seeking advice / permission at all.
Absolutely loved great discussion
Aspirants like it 👍
No , the SC cannot turn down the will of the people.
Ansari is diverting, Mr Ansari (2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years:
Collegium is better....no need to change
Very niece
Even first past the post poll is another form of majoritanism, which doesn't augur well present era democratic setup. So is the legislature willing to reform?
The governor position is also controversial in a federal setup, is the legislature willing to change that? So let the reform begin within the legislature as charity begins at home.
Judges are not judging according to the dharma. Judgements are increasingly agenda driven, personal opinions, judges knowledge. Look at the Nipur sharma case, one is forever suffering others enjoying their freedom of expression...... Down with Harvard sahebs. We want a judiciary that understand oue ethos.
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Great penalists
Not in Salve after...
Love you 💕😘💕😘 mam
Mr. Ansari Collegium judges hears petition against collegium declared invalid. Fundamental right belongs to the citizens not Supremecourt. My 6th fundamental right is Supreme to that of Supremecourt, from here Supremecourt derives that power.....
Grass has a right to grow vice versa Donkey has right to eat...
Whenever there is interpretation of constitution...v .k Malhotra fix
Will of the people is the final nobody have the right to dissolve
Please Hindi language me bhi dijiye
Please eradicate the corruption then everything comes in place...Please develop India
देश के 2 लोगो को साथ बिठाकर सुप्रीम कोर्ट, बेसिक स्ट्रक्चर का मतलब समझ आ दे पूरा देश बेसिक स्ट्रक्चर का मतलब समझ जाएगा।
How can SC be above govt?
The voice of people in selection of judges may be considered to the extent possible.
Accountability of judges be fixed through suitable bill/ law.
The systems of developed countries be studied and adopted as far as possible.
Suggestions from people be invited.
The max limit ( say 6 months) be fixed for SC to pronounce it's reserved judgements.
Judiciary vs JKSSB
Who is superior
JKSSB is supreme in J&K
Why not allowed poor to Indian court?
🇮🇳☝️ gauturu
Worthlessness discussion
Article 13
The collegium system is way better then a a top judge who caters to goverment ideology. USA rece tly witnessed this
If executive is going to hv say in appointment in judges, then who's going to uphold the executive accountable? Is the ans executive question itself ultimately in that case. But this is quite a utopian notion.
E.g. sansad tv is govt sponsored media, so ultimately it's going to support its sponsor no matter what it takes.
However, let NJAC cm again n let SC again put the last nail on the coffin.
The Protocol of the Constitutional Institutions keeps the Will of the People, Government superior. It is unfortunate that Democracy is more often exploited by selfish family oriented nasty dynast cannot be a reason for the Judiciary to interfere in the decision of the Government in State Policy matters and especially to weaken the Fulcrum of our Constitution. Also when the pendency of cases is piling up in courts and the Government is the largest litigant, I think our Judiciary must have passed an order that every rule Government makes shall have Compulsory Compliance report filed within three months by the institution bound to comply DIGITALLY and to the Hon'ble Ministry of Home, Defence, PMO. The failure is detected & rectified as in the case of Jan Dhan Account, Direct Benefit Transfer App like. Then the judiciary will have less number of cases to dispose & thus Corruption in institutions can be restricted if not eleminated totally. Similarly in the appointment of teachers, selection of teachers to teach/transfer the Scientific Concepts to the students mind, must be the main Uncompromising criteria. If these simple things done no body can stop Bharat becoming the leader of the world. The Lakshman Rekha that matters & Judiciary will have to be respectful to maintain its own Majesty. K.S.Nagarajan, Chennai.
Judiciary needs to be scrutinized
Anyone in group preparing for upsc?
The anchor has been given an agenda, it seems
Gauturu
We elect the legislature doesn't means that whatever they decide its people voice. Sometime they go hunger for power as well party( ruling regime) benefit
Retired judge try to forget the constitution, judges shall be appointed by judges which constitution provide that power?
Harvard sahebs also want to legislate for leftists will while lacs of cases pending.....
It should Be Egalitarian for all instead. Appointment of Judge There is no Part of Legislative. But colizium system it self a question able choice.
The judges of SC will Sugest the name of the judges president only select .
Nokom kadu milo like ila comment him M👉
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constitution not says how much representation to be given based on Cast, Now 60%, Can it be made 100%, it is constitutional right of Parliament ?
Judiciary should have powers to struck down any law if it is unconstitutional .. but by the judges appointed by the executive (which constitutes significant part of legislation ) ...lol
Paki shit hai kya? ya remnant british trash?
Legal Fiction कल्पनारम्य न्याय
Parliament is the Supreme, not judiciary. The Supreme Court Judges suppose that they are GOD!