EXECUTIVE INTERFERENCE IN JUDICIAL APPOINTMENTS-JUSTICE LALIT,DUSHYANT DAVE,PROF.MOHAN GOPAL,FAIZAN
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- Опубликовано: 26 авг 2024
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CJAR AND LIVELAW SEMINAR ON JUDICIAL APPOINTMENTS
SESSION 1: EXECUTIVE INTERFERENCE IN JUDICIAL APPOINTMENTS
10:30a.m.-12p.m.
(Moderator: Ms. Cheryl Dsouza, Secretary, CJAR)
Mr. Dushyant Dave, Senior Advocate, Supreme Court of India
Justice U.U. Lalit, Former Chief Justice of India
Dr. Faizan Mustafa, former Vice-Chancellor, NALSAR University, Hyderabad
Mr Aditya Sondhi, Sr. Advocate, Karnataka High Court
Dr Mohan Gopal, former Director, National Judicial Academy
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Congratulations for such superb issues are addressing and come before media by high profile intellectuals of our nation. God bless all of you and organizers
My respects to you sir 🙏 We need more of you, Mr Prashant Bhushan, and more of you especially in today's scenario
Excellent 👍 program,Salute to honourable learnt Judiciary speaker
Sr.Adv.Dushyant Dave a big salute to you for presenting bold and open truth to the forum and media. God bless you.
Mr. Dave is right saying that judges elevated recently has hardly any quality judgements.
Judicial community can not pat their own back. Let politicians, parliamentarians, executive and common people say that they are happy with judicial appointments - if they are not happy, judiciary should accept criticism and allow changes and be answerable to parliament and president
Mr Dave... Salute to you... You r real jurist who have courage to say the truth transparentaly !!!
India is the only country where judges appointed judges
I have never attended such a unique and so useful, very crystal clear whole history of development and underdevelment of judiciary of India ,every speaker is so unique, pious ,Truthful . Mr Gopalan had beautifully described judges manipulated judgment due to their own religious biases. Truely evidence based judiciary,My all regards and God all give us wisdom to learn our holy grail that is constitution of India
Paramount speech by Mr Dave. Salute you, sir
Mr Dave called an apple, an apple. Bold and exceptional. Inspirational
We want judicial reform, it should be transparent, and no nepotism....yaha toh kewal ek caste ka domination hai court or judiciary me sc/st/ obc toh bus naam ke hai
Judges require guts to put the law in place and give his strong judgement who ever it may be.
Thank you sir
Very useful SEMINAR
Those judges and others who strongly support collegium system, it's for sure that their mindset in every other aspect is purely British colonial. We cannot do anything on that.
A slave will always be a slave, but a leader will always be a leader no matter what.
I salute Legend of present day Prashant Bhushan ji
Great topic of discussion. Much necessary.
Prof. Mohan kumar explained explicitly what is realy India.. 👍
Thank u sir❣️.
Appointment of judges nowadays is a family business. Transfer through generation by generation.
Nothing else.
Can anyone tell, as to how many judicial appointments are made out of this generation chain?
Great people and great thoughts 👍🏻
One must see the quality of such inducts to really appreciate the merits of the collegium system prevailing, despite so much resistance.
@@deslymathew4681
BMW is a mental colonization , tata nano technology can be lifted up to suit the needs of people who are brown skinned and eat rice .
Dont paint your face white and put a neck tie and think that you are white supremacist .
Respected...
Even public inputs, Considerations, suggestions must be taken in selection of Judges, which wud make the scrutiny more powerful.
Sirs/Ma'ams
Since Judiciary plays vital role in safeguarding the right rights of people,
Judiciary Appointments can b decided by involving Executives and Public suggestions whereas collegium can scrutinize & finalize.
Also proper & transparent Checklist can b prepared for judges to b selected.
Please consider cases pending for years which completely sucks petitioners time , money, peace & making their life very miserable..
Thanks 🙏
The current system must be improved to ensure that justice to common man is imparted speedily and fairly.
Avery penetrating speech by Mr sondhi and his experience
It's a wonderful programme....
Unexpectedly enlightening session.
If the judiciary too bends, we are finished as India we grew up with.
Stay strong✊🏻
We need people like these in our executive and legislative.
Main problem remain Sepration of Powers and Nexus of Executive with Judiciary .
Where powerful Executive has been seen exercising its muscle power to pressurize Judiciary to favour Judgements in favour of Executive.
This was an excellent event arranged by Prashant Bhushan. As a lawyer he coasts on the reputation of his father. It is not clear he has made a difference other than being a mosquito arguing cases that seem to go nowhere. His Successes if any are buried.
The major issue is political meddling in cases. The SC should have the spine to assert its independence. It should also make recommendations to clean up its house which has many issues that prevent it from delivering timely judgements. This is way overdue.
It is no surprise that Justice Lalit applauds the collegium system as purrfect and that the govt should only have an advisory role with some veto power. Well, well, well, the judges are not elected in Bharat and the people should have a say and that is through elected representatives. So both the Parliament and the Executive branch should have a say. How that is introduced is a topic in itself. Furthermore, politics creep into all selection and decision making processes and that has to be taken into consideration.
Selection should be based on merit. Mohan Gopal brought up diversity and representation. Seeking that is fine provided it does not lower the bar. Identifying eligible candidates and vetting them should be left to the judges along with appropriate clearances. There is no reason why the government cannot recommend a candidate as long as they go through the same scrutiny. The final say has to be left to Parliament and the Executive branch.
Candidates aspiring to be SC judges should focus on judicial issues and refrain from politics in order not to affect their aspiration.
The role of the SC is to uphold the constitution over cases brought to it. Only those that pertain to whether it violates the constitution should be taken up by the SC. All other cases should be settled at the high court level.
The Constitution assures Liberty of thought, expression, belief, faith and worship. Which means if an issue concerning any of the rights assured by Liberty is brought up, it has to be determined on the constitutional basis of the issue, faith being one of them.
While some of the judgements of the SC may not be agreeable to Mohan Gopal, they were constitutionally adjudicated. It’s just that previous verdicts did not cross the “rubicon”.
The constitution is not chiseled in stone and Mohan Gopal knows that. If much to his distaste if the Parliament strikes out Secular and Socialism from the Constitution he will have to accept it. If it deems Bharat is a Dharmic Rashtra wherein Sanatana Dharma, Buddhism, Jainism, Sikhism and Dalit beliefs influence the laws, so be it. These religions consider Bharat as their cradle land unlike Islam ☪️ and Christianity ✝️. Zoroastrians are exceptions since they stay in their lane and leave everyone else alone.
Points raised by Dushyant Dave were very relevant. However, waded into mentioning issues that the SC had no business delving into and did. However the SC has no business questioning the Executive Branch unless if the action is unconstitutional.
Dear Sir Bushan it is a great pride that with your leadership you all are coming out what is right and unwanted interference of government in judiciary and theri remarks the present SC judges should headlong with the government and not come down to their requests and do what is wright and don't come on middle path.and please the government.
Great discussion, was very necessary.
Keep it up Dave. Nation is with you. We are with you. God is with you as you stand for the truth.
Cant comprehend Justice (Retd) Lalit's presence in this forum!!!
Long live Live Law.
Bar divided nots only politically but substantially on cast , religious & group line.Some judges are also involve . Cast matters . See list of Uttarakhand .
Judicial appointment of Supreme Court judges based on merit and without any political interference is important based on the separation of power. University professors should be appointed as judges as they know the laws in and out and have legal competency.
brilliant.. a million thanks to making it online.. looking forward to more.. here is my feedback/queries etc
1. to lalit.. collegium near perfect (assumming 95%) is kindly incorrect.. dave's talk may make it 60% and so lots of improvement to work on.. it's not rocket science, and implemented throughout world judicial systems.. collegium initiating such improvement , along with cjar, etc and completing efficiently in time bound / participatory / transparent way isn't that difficult
2. to sondhi.. agreed.. query to you is why other improvements in collegium are pending
3. to dave.. very good.. same query to you as to sondhi
4. to faizan.. good, and adding to dave's.. query to you is. will you agree with making service act and making it mandatory in appointment, i.e. timebound/ defined-detailed procedure/ participatory (from not just judiciary, but also legislature, bureaucracy, media, bars and civil-service org like cjar.. and making all responsible in appointments)
5. to gopal.. brilliant data of 9 jsc udges out of 55 who will judge based on religious references than constitution, and highlighting hindu oligarchy, and highlighting huge limitation of collegium to be missing diversity.. query to you is why "near perfect" collegium ended with 16% present sc judges being following traditional/religious judiciary process than constitutional
to cjar/livelaw.. looking forward to your direct interaction with existing cji/sc judges/collegium on this and other judicial reforms, where we're, and what's stalling reforms.. many thanks
India is awakening from inside
अब तो बहुजन समाज पार्टी के चार पांच विधायक मिलकर पार्टी का चुनाव चिन्ह और नाम ले सकते हैं। और महाराष्ट्र नव निर्माण सेना का तो एक ही विधायक हैं, अगर उसने चुनाव आयोग में अपनी दावेदारी की तो क्या होगा?
Supreme Court of India 🇮🇳 🇮🇳 🇮🇳 along with our entire Judiciary should get Monetized Privatized and fully ADANIZED by Narakaasurr Modiji in order for him to transfer the title of all assets properties and natural resources of India 🇮🇳 to ADANI.
Thanks 🙏
Pandu Kuchibhotla
Boston MA USA 🇺🇸
Majority of the people in our country India believe,that God has chosen them as judges to give justice to those who seek justice in the earth be fearless in giving justice,all are answerable to mighty God the creator.
Indias Respected & Honest Great Gentleman's Speeches 👍👍👍👍👍👍👍👍👍👍👍👍👍👍👍👍👍👍👍👍👍👍👍
" unconstitutional collegium" holding NJAC "unconstitutional "
Well said
Good
Do you know executive and judiciary power are separated
Thank you so much.
Appeal. to political parties; Please leave leagal system indipendent, so that democracy survive.
Thank you
Every word of Ld. Judge was perfect. However, lawyer was defending herself badly.
The bar council should stand and advise retired judges taking up assignments immediately without cooling period more so after appealable judgement s
Supreme kotha should be scrapped immediately
Hindu succession act is followed in its letter and spirit in appointments... These people do not seem to be bothered about it
Thanks 🙏
*We have seen few days ago that, one DSP met with his labour mother...... Can we expect from our judiciary and same view could we see that, one boy meets his labour father and say "Babuji, I have become High Court Judge?"*
why no discussion on
1. delay in verdicts.
2 .Corruption in judiciary.
3 conspiracy between lawyers .
4Need to limit adjournments.
We need to reform the Indian judiciary as whole,
Won't there be red taping a likelihood as law minister might impose a national security act and defense insecurity in disclosure of appointment i.e. previous devil divine into new ocean of details. So as Dave Sir said there should be a forum on pre discussion of responsibility and then accordingly inclusion of union law minister and can include state incharge minister and parliamentary committee. 👍 Seeing Prof.Faizan Mustafa after a long time and that too on major topics already discussed in legal awareness series thanks live law for coverage of full discussion. ❤️
From the context of the concluding remarks towards the end of the video, how diversity will ensure that only constitutionalist will occupy the collegium. We anyday need more members who are strongly constitutionalist in their outlook.
I don't agreed what Prof. Faizan Mustafa said in this debate what I know that judiciary must be kept above politics. During this BJP regime, even the Supreme Court's decisions were biased, and the judges were rewarded with high positions in the government after retirement. The Gujrat riot is not a hue and cry. It was the state sponsored terror, and the Modi government had fully supported the rioters. That's why these riots were different than other riots that happened during the time of the non BJP government. As far as Rafel deal is concerned, it was a scam, and the biggest scam of the Indian history is the Adani scam. This also happened with the help of Modi directly. Another big scam by Modi is the funds collected during the Covid Pandemic, and nobody knows where they are gone, no accountability for the money. How come, Prof. Mustafa defended Modi on Gujrat riots and for Rafel deals. I don't know about his motive. but it must be condemned. I feel really sad for the victims of Gujrat riots as their wounds are still fresh. They didn't get justice. Bilqees Bano's case is the example of how the judiciary is controlled by the government and the release of the culprits. I have great respect for Prof. Mustafa, but after reading this, I am upset and hurt. what Prof. Faizan Mustafa said in this debate what I know that judiciary must be kept above politics. During this BJP regime, even the Supreme Court's decisions were biased, and the judges were rewarded with high positions in the government after retirement. The Gujrat riot is not a hue and cry. It was the state sponsored terror, and the Modi government had fully supported the rioters. That's why these riots were different than other riots that happened during the time of the non BJP government. As far as Rafel deal is concerned, it was a scam, and the biggest scam of the Indian history is the Adani scam. This also happened with the help of Modi directly. Another big scam by Modi is the funds collected during the Covid Pandemic, and nobody knows where they are gone, no accountability for the money. How come, Prof. Mustafa defended Modi on Gujrat riots and for Rafel deals. I don't know about his motive. but it must be condemned. I feel really sad for the victims of Gujrat riots as their wounds are still fresh. They didn't get justice. Bilqees Bano's case is the example of how the judiciary is controlled by the government and the release of the culprits.
Must watch
Why judges of minorities community not getting appointed at all.?
Mr. Dave steal the march.
Shame government kindly be aware from judiciary.
incredible vids bro.. I'm one of your biggest fans. I am a big fan of your videos as well, so if you could make one about Chandigarh University's educational system, I would be very interested in attending there.
Well addressed Mr. Mustafa.
Why no judges in the supreme Court dare to overrule the 3 judges case?
What is the internal politics in it?
When supreme courts says that it looks after protecting the constitution, why don't supreme court agree with the center to implement NJAC?, which is expressly mentioned in the Constitution itself.
Why is this double stand by the supreme Court itself?
The court who preaches a lot about constitution, the same court don't do the same at all.
Public should think about it.
Indian judiciary is filled with nepotism, Bhai -bhatijawad.
BCCI chairman ka baap murdabaad.
The sparse attendance says it all.
If supreme court dont have the capacity to implement is mentioned in the Constitution, please don't preach about it anymore.
Why there is no transparency in appointments or transfers made based on disturbing instances
Well said Faisan Mustafa
Much essential
Delhi Durbar cannot rule at one stroke. We must go like a system similar to that of European Union so that judiciary has many windows to breathe in
It is indeed every body talks about the Constitution of India and even include The constitutional institution of India are leaving out the constitution of India why?
If 25 judges get appointment why not send 200 peoples names suggested..why collegium system suggesting only 25 which is available right now. Next problem is what accountability 4 erring judges, incompetency, delay, bad judgements, misconduct, wrong priority, dynastic and many issues. Here we need to address many aspects how the matters affecting common man on pendency of cases, adjournment, date after date etc. How the citizen empowered when judges have no accountability
What do you think about the merits of a supreme court judge that 200 people would be recommended at a single time ??
Are you serious ??
@@knowitall1005 He wants lottery not justice.
Why these judges became so concern about judicial appointment out of the blue, when this government is in power in the center?
Why has this same level of intensity of concern in the matter of judicial appointment not seen in UPA government?
Notwithstanding, the implementation of NJAC has taken place or not.
Whom are these judiciary fearing?
When said, everything should be covered. Right?
Road should be made for vehicles approaching both sides and not only one side.
Dr. Mustafa, you should give an idea suited to ethos of justice and judiciary. What is the sense in referring extract and example opposite to it. Faizan you seems to have desire to get from government.
Conclusion is Lord does't seats in temple but in our Supreme court. 😅
🙏🏼👌
While appreciating the views of panellists in general but difficult to accept the arguments of Mr Mustafa to justify the government participation in the collegium on the basis of past precedents or views of Nehru or other leaders of Congress or any other party , even if performance of government appointed judges were extremely independent and good . Mr Mustafa must be aware the basic concept of jurisprudence that the justification should be based on the principles not on cause and effect. Therefore, interference of Executive in the matter of judge’s appointment may not be against the principle of independence of judiciary but slowly but surely murder of Democracy in India
How I wish someone enlightens as to where one gets the word or concept of "collegium " as propounded by the SC?
Does it not mean hijacking the very constitution.
Just objectively consider & scan substantial number of the inducts into the higher judiciary, especially the HCs
Congratulations
The central government trying to topple opposition Governments through Governor's, therefore the post's be deleted in the largest interest of fair Democracy,we the Maharashtra people has been suffering
23साल पुराने उपभोक्ता मामले में, मा. न्यायालय ने अवमानना और सेवा में कमी का दोषी मानते हुए सीईओ ग्रेनो को सजा सुनाई है,यही 100% सच है,मा. NCDRC द्वारा 30/5/14 को पारित आदेश का अनुपालन,21/4/23 तक सीईओ, GNIDA,U.P.द्वारा नही किया
गया है, Please help
The title of this discussion is misleading.
It should have been "Role of collegium and not NJAC in building good judiciary in the country".
Suggesting to include law minister to clearly understand his views
If the judiciary system has such loopholes then where is the question of justice, now hearing all the conversations, the main interference comes from the ruling government and it is laughable for one of the biggest democracy, in fact it looks like a dictatorial ruling in our country, pathetic.
Judges don't require executives to judge them.
Credibility of a common citizen of varied disciplinary areas cannot be under-estimated. Neglection cannot be dragged to his grave-yard for the sake of natural justice. More to a citizen who volunteered to join Indian army during National Emergency at the earliest of eligible age, meeting to the physical and mental acumen and after exemplary service but medically discharged during service, it's like a Fish thrown out of waters for no fault of his conduct rules either of OSL, AWOL etc. Invalided Pension deprived discriminately though eligible, as per Supreme-Court NANA- Citation. A probe will reveal several skeletons falling out from the cupboards of the Ministry of Defence. To the extent Major Navdeep Singh ensured PENSION eligibility for the second-line of defence of civilian-job TERRITORIAL ARMY while those of the regular Indian Army (NON-POLITICO)suffer in silence dragged to his grave on vengeance when being outspoken emotionally deprived of his basic rights in PEOPLES ELECTED GOVERNMENT.
Legal luminaries are all together forgetting the language of the Constitution. The language of the Constitution is the consultation and that can never be construed as concurrence. The present Collegium system means, the appointment of judges prior to 1992 was not correct and all appointments made were all in the whims of the executive and were not capable of holding the Constitutional posts. In fact, the judges know everything except the methodology of reducing the pendency of the cases. It is because of unaccountability and ruling the Judicial hierarchy as the colonial judges. Everything has been changed as per requirements of Indian perspective after independence except the judiciary which is still carrying the same ethos of colonial regime.
Read SC judgements 0f 50s where Vedas cited .
A reference is made sister of act is made as a judge can we know who they are
Weaknesses in either side, obviously Legislature with Executive together is powerful, since backed by the blind mass to act on illegal acts, to the extent military men (patriotic citizen, who voluntarily joined to risk his life in safeguarding the nation, with sacrifices of living away from his Near and Dear ones of their life. BUT being attacked by a group of gangsters with the aid of the politicians in power. Law & order ? The innocent, Honest citizens of the marginalized group suffer though learned, enlightened citizen, widely travelled and read but victimized with vengeance. Lacks relevant comprehensive outlook with the attributes in the making. An associate of the Popular National Reformist Sri. Pravin Patel, (known for his expertise, as Social & Rights Activist with vast experience.
No reform by Dy.Chandra chur chief Justice is acceptable to people guardians of constitution can set up Azad Hind people's democratic constitution to set up as their instruments like legislature executive and judiciary observed by Dr Ambedkar sahib
Next session
The problem is that the judiciery is mentally colonized and have no considetation of indian identity .
We are not europe,or usa ,and harvard,karl marx is not vishwa guru .
Hahaha Justice Madan Lokur
A left poster boy isn't invited
He was asking hey
It's naxali program why my name is not called
My respect for secularism is fast fading away. It is a matter of shame that Sexual autonomy be given on the lines of jungle animals subject only to mutual consent!!!
Why not discuss it the way you all are doing here on for this subject. Why are best people of this country silent on vulgarity of Sexual autonomy???
I can see Prashant Bhusan
Same guy who fight for terrorist and wanted Kashmir to be free and call india occupation
Now anyone feel he is good for nation than he is right naxali or kihadi
@Only is missing after the word may not be In my below comment
Why this channel has not considered people supporting NJAC?
What is the justification for the above by this channel?
This discussion is partial and not at all justifiable in any sense.
It's very surprising that the viewers of this channel have not noticied this aspect at all and have blindly swallowed what has been said.
Very less people in legal fraternity support NJAC ...even those who dont support collegium..doesnt necessarily support NJAC
NJAC has a lot lf problems ..specifically the interference of executive ..
Whether people agree to NJAC or not is a different thing.
But giving both sides of a coin(perspective of both people who agree and disagree NJAC) is important for an impartial discussion.
Otherwise, we should doubt of some other motive for this discussion.
Let the experts in the field speak, then let's make a logical conclusion of whether its good or bad.
This event was organised by Prashant Bhushan not live law. Live law is only broadcasting it