SC lectures everyone to be good but when the ball is in their court to reform collegium system, to bring transparency in transfers, they shut us as if we are doing contempt of court.
A National Commission for appointment, transfer, promotion of Judges is the best alternative. If not, the Collegium system will suffice provided all the Supreme Court Judges are Members, not just the seniormost five judges as now, This will ensure broadbased consultations across the board.
Quite agree. We see the condition of HC Judges mainly in WB, Gujrat, Delhi etc., Now ìn many cases it is difficult to understand who's a Judge and who's a politician.
They prifers to open courts during night, some times twice, if the petisioner's ideology suits myloards, why ? In a democracy, only executive is elected & they have dicide, how the country is to be run. Judiciary's role is only to interprit the prelevent laws.
There can't be a perfect situation every time, but we can have best options on current situation and it should be open for changes in time to time . There should be data base of all eligible senior judges of lower courts ( say Session & District judges) and their judgements should be examined by independent and new technologies ( including AI) . At least 70% should be selected from Lower courts judges and only 20-30% may be considered from practicing lawyers . This way best of practice judges will be in pool for consideration , as they were selected after tough competition. As suggested by Learned Mr FS Nariman, panel of 5 members ( 3 SC judges +law minister + eminent person ( not practicing law ). Should be given list without names to select best amongst them. By not giving names bias can be minimised .
in consultation What Fali S Nariman is not true? after consultation....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:
The appointments of judges for district judiciary leaves much to be desired. The process is far from trasparent The checked copies of main exams should be given back to the examinees.
The exam is conducted by the state services commission, if I am not wrong, the grievance is to be held against them, if any. It is only from what I believe, the final stage of examination, that is, the interview, where the sitting judges of the high court concerned are made party
It is vitally important in a democracy that individual judges and the judiciary as a whole are impartial and independent of all external pressures and of each other so that those who appear before them and the wider public can have confidence that their cases will be decided fairly and in accordance with the law.
The burden on the members of Collegium is too much. They may have reached to the level of their incompetence to judge the competence of judges who deserve a seat in the Supreme Court.
The collegium is a bad system full of prejudices and personal bias. Replace it by calling for applications against strict criteria and select the best by an interview committee which could have CJI , Speakers of the two houses and a representative from the central Govt and two judges from the High courts on rotational basis.
Can an academic criticise judges when they resort to judicial activism and make laws to do justice with a possible adverse impact on society? Is it OK to criticise judges and if not where to draw the line of acceptability? Why can't one criticise the parliament for enacting laws and MPs who have no legal knowledge and cannot appreciate the consequences of approving them blindly with little or no discussion and the opposition party being denied a chance of opposing them?
Collegium should respond to the issue raised by sri Nariman ,because everyone has the same feeling so far deniel of hon ble justice Muralidharan elevation to apex court
Dear Smitha prakash or Palki stop calling half informed people into your interview rooms and call this man. But you wont ! Why would you want people to hear the other side right !
The interview would have been more meaningful if the interviewer would have kept her mouth shut more often. Shallow, trite, lazy and leading interventions.
When you close the collegium , the judge position will be auctioned by power centers. All courts will have judges like we have police officers in India. Safeguard has already gone. Justice is hanging.
SC lectures everyone to be good but when the ball is in their court to reform collegium system, to bring transparency in transfers, they shut us as if we are doing contempt of court.
SC is like hitler in todays time
Brilliant man. Had the luck of briefing him in 1992.
A National Commission for appointment, transfer, promotion of Judges is the best alternative. If not, the Collegium system will suffice provided all the Supreme Court Judges are Members, not just the seniormost five judges as now, This will ensure broadbased consultations across the board.
Well Said Sir
Quite agree. We see the condition of HC Judges mainly in WB, Gujrat, Delhi etc., Now ìn many cases it is difficult to understand who's a Judge and who's a politician.
They prifers to open courts during night, some times twice, if the petisioner's ideology suits myloards, why ? In a democracy, only executive is elected & they have dicide, how the country is to be run. Judiciary's role is only to interprit the prelevent laws.
Even for group c post we have exams how can one institution appoint one self
The guy is 95 years old bit still has such a sharp mind and intellect.
Compare him to someone like Joe Biden. 😅😂😂
Surprising Mr. Nariman not aware of background of Tahil Ramani's transfer to Sikkim court!!!!
There can't be a perfect situation every time, but we can have best options on current situation and it should be open for changes in time to time .
There should be data base of all eligible senior judges of lower courts ( say Session & District judges) and their judgements should be examined by independent and new technologies ( including AI) . At least 70% should be selected from Lower courts judges and only 20-30% may be considered from practicing lawyers . This way best of practice judges will be in pool for consideration , as they were selected after tough competition.
As suggested by Learned Mr FS Nariman, panel of 5 members ( 3 SC judges +law minister + eminent person ( not practicing law ). Should be given list without names to select best amongst them.
By not giving names bias can be minimised .
NDA 1 under Atal ji and NDA2/3 under Modiji is talking about NJAC , Supreme Court is not budging
in consultation What Fali S Nariman is not true? after consultation....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:
The appointments of judges for district judiciary leaves much to be desired.
The process is far from trasparent
The checked copies of main exams should be given back to the examinees.
The exam is conducted by the state services commission, if I am not wrong, the grievance is to be held against them, if any. It is only from what I believe, the final stage of examination, that is, the interview, where the sitting judges of the high court concerned are made party
It is vitally important in a democracy that individual judges and the judiciary as a whole are impartial and independent of all external pressures and of each other so that those who appear before them and the wider public can have confidence that their cases will be decided fairly and in accordance with the law.
In democracy sll institutions should be accountable to people directly or through its representatives.
The burden on the members of Collegium is too much. They may have reached to the level of their incompetence to judge the competence of judges who deserve a seat in the Supreme Court.
The collegium is a bad system full of prejudices and personal bias. Replace it by calling for applications against strict criteria and select the best by an interview committee which could have CJI , Speakers of the two houses and a representative from the central Govt and two judges from the High courts on rotational basis.
Salute to f . Nariman.
Can an academic criticise judges when they resort to judicial activism and make laws to do justice with a possible adverse impact on society? Is it OK to criticise judges and if not where to draw the line of acceptability? Why can't one criticise the parliament for enacting laws and MPs who have no legal knowledge and cannot appreciate the consequences of approving them blindly with little or no discussion and the opposition party being denied a chance of opposing them?
Collegium should respond to the issue raised by sri Nariman ,because everyone has the same feeling so far deniel of hon ble justice Muralidharan elevation to apex court
Dear Smitha prakash or Palki stop calling half informed people into your interview rooms and call this man. But you wont ! Why would you want people to hear the other side right !
Why not he advocate Collegium to publish reasons for nomination and transfer
Justice M N Rao an outstanding judge was not elevated to the SC.
He retired as CJ of HP.
The present system should go..
No, all the judges are not good at writing judgments.
Judgments should be such as common man can understand easily.
legend ❤
To correct wrong doing to form NCJ and make Muralithar first commisioner
namasthre
The interview would have been more meaningful if the interviewer would have kept her mouth shut more often. Shallow, trite, lazy and leading interventions.
When you close the collegium , the judge position will be auctioned by power centers. All courts will have judges like we have police officers in India. Safeguard has already gone. Justice is hanging.
Follow Pakistan, only sitting judges family members or chamber associates are eligible to be appointed as judge.
how did his son nariman become a supreme court judge directly? hyppocrites
True...same double face in Pakistan
No, all the judges are not good at writing judgments.
Judgments should be such as common man can understand easily.