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CJI Chandrachud's latest remarks on formation of collegium for appointment of judges

Speaking at the India Today Conclave, in 2023, the CJI said the judiciary has to be protected from outside influences if it has to be independent.

Not every system is perfect but this is the best system available, Chief Justice of India D Y Chandrachud said on Saturday while defending the Collegium system of judges appointing judges, a major bone of contention between the government and judiciary.
Speaking at the India Today Conclave, 2023, the CJI said judiciary has to be protected from outside influences if it has to be independent.
"Not every system is perfect but this is the best system we have developed. But the object was to protect the independence of the judiciary, which is a cardinal value. We have to insulate the judiciary from outside influences if the judiciary has to be independent," Chandrachud said.
The CJI also responded to Law Minister Kiren Rijiju voicing displeasure over the Supreme Court Collegium revealing the government's reasons for not approving the names recommended by it for appointment as judges of constitutional courts.
"What is wrong about having a difference in perception? But, I have to deal with such differences with a sense of robust constitutional statesmanship. I do not want to join issues with the law minister, we are bound to have differences of perceptions," the CJI said.

SC to hear plea against appointment of woman lawyer as Madras HC judge

SC to hear plea challenging appointment of lawyer Victoria Gowri as Madras HC judge

SC to hear plea challenging appointment of woman lawyer as Madras HC judge

The proposal to elevate the woman lawyer, who has been representing the Centre before the Madurai Bench of the Madras High Court, has been mired in controversy after reports emerged about her alleged affiliation to the BJP.

In a significant development, the Supreme Court on Monday advanced to February 7 the hearing on a plea challenging the appointment of lawyer Lekshmana Chandra Victoria Gowri as a judge of the Madras High Court, soon after the Centre notified her judgeship.
The apex court had earlier in the day agreed to hear on February 10 the petition against her elevation but the matter was mentioned again and the hearing was fixed for Tuesday by a bench headed by Chief Justice DY Chandrachud which said the collegium has taken note of &ldquo;certain developments&rdquo; after her name was recommended to the Centre.
During the second mention, the bench was apprised by senior advocate Raju Ramachandran that the Centre has notified the appointment of Gowri as an additional judge of the Madras High Court and urged for urgent intervention.
The proposal to elevate the woman lawyer, who has been representing the Centre before the Madurai Bench of the Madras High Court, has been mired in controversy after reports emerged about her alleged affiliation to the BJP.
Also Watch: <a href="https://www.editorji.com/india-news/sc-judges-appointment-centre-clears-name-of-5-judges-to-top-court-1675515644374">Centre clears names of 5 judges to Supreme Court</a>

Once they take oath early next week, the strength of the apex court will go up to 32 judges.

SC judges' appointment: Centre clears name of 5 judges to top court 

SC judges' appointment: Centre clears name of 5 judges to top court
Announcement amid tussle over appointment
Rajasthan, Patna, Manipur, Allahabad HCs judges' names cleared

Once they take oath early next week, the strength of the apex court will go up to 32 judges.

Five judges were appointed to the Supreme Court on Saturday with the Centre clearing the names recommended by the Collegium on December 13 last year.
Law Minister Kiren Rijiju tweeted to announce the appointment of Justice Pankaj Mithal, Chief Justice, Rajasthan High Court; Justice Sanjay Karol, Chief Justice, Patna High Court; Justice P V Sanjay Kumar, Chief Justice, Manipur High Court; Justice Ahsanuddin Amanullah of Patna High Court; and Justice Manoj Misra of Allahabad High Court as apex court judges.
Once they take oath early next week, the strength of the apex court will go up to 32 judges.
At present the top court is functioning with 27 judges, including the Chief Justice of India. Its sanctioned strength, including the CJI, is 34.
Their appointments come amidst strong observations by a Supreme Court bench questioning the delay on part of the government in appointing and transferring judges based on the recommendations of the SC Collegium.
Also watch: <a href="https://www.editorji.com/india-news/adani-row-indian-regulators-very-competent-to-handle-the-situation-says-piyush-goyal-1675515938801">Adani row: Indian regulators very competent to handle the situation, says Piyush Goyal</a>
A senior government functionary said the five appointments have nothing to do with the bench's observation and were made after the Cente took a considered decision.
The appointments came in due course, he added.&nbsp;

Observing that the vice-chancellor of Jawaharlal Nehru University (JNU) is not vested with the power to appoint chairpersons of centres, the Delhi High Court has restrained the nine chairpersons appointed by Prof M Jagadesh Kumar from taking any major decisions, including those relating to the convening of selection committees or carrying out selections concerning the centres or special centres.
The division bench of Justice Rajiv Shakdher and Justice Talwant Singh said that the power to appoint chairpersons is expressly conferred upon the executive council and not the VC.
&ldquo;Therefore, prima facie, respondent no.2 could not have exercised the power to appoint Chairpersons of Centres/Special Centres,&rdquo; said the court, adding that the appointments made by the VC prima facie are without authority.
The court was hearing a matter relating to the appointment of professors as chairpersons of the centres or special centres by the VC. Professor Atul Sood has approached the court with a petition challenging the approval granted by the executive council to the nine appointments made by the VC. It has been argued before the court that the appointments cannot emanate from the VC.
Rejecting the varsity&rsquo;s argument that the VC had exercised the powers under Statue 4(5) of the Statute of the university, the court said that the VC can exercise such powers only when immediate action is required &ldquo;on account of the emergent situation&rdquo;, which then is reported to the concerned authority for obtaining its approval.
Observing that Sood had objected to the agenda for the 296th meeting of the executive council and informed the latter that the appointments made by the VC are flawed, the court said therefore prima facie the authorities were put to notice that the course on which they were proceeding was perhaps not the correct one.
&ldquo;Despite this, respondent no.2 (VC), it appears, went on to appoint the Chairpersons of the concerned Centres/Special Centres,&rdquo; reads the order.
The division bench also noted a submission made by Sood&rsquo;s counsel Abhik Chimni that after a single bench of the high court refused to stay the nine appointments made by the VC, he went ahead with the appointment of another person as chairperson of Centre of Spanish, Portuguese, Italian and Latin American Studies/School of Language, Literature &amp; Cultural Studies on October 08, again exercising the emergency powers vested in him.
Requesting the single judge &ndash; before whom the matter is pending &ndash; to advance the hearing of the writ petition filed by Sood, the court has listed it for directions on November 10 before that court.
While declining to stay the appointments, the single-bench on September 28 had adjourned the hearing of Sood&rsquo;s petition to February 18, 2022. Sood filed an appeal against the order declining to stay the appointments.

JNU VC can appoint ‘on account of the emergent situation’ with authority's approval: HC

The Delhi High Court has ruled that the JNU VC can't appoint chairpersons of university centers, therefore putting nine appointments made by Jagdish Kumar on hold. Here's a report.

JNU VC made appointment 'without authority': HC

The Delhi High Court has barred the vice-chancellor of the Jawaharlal&nbsp;Nehru university from making appointments of chairpersons of various centres at the reputed varsity.&nbsp; Vice-chancellor Jagadesh&nbsp;Kumar&nbsp;had appointed chairpersons to nine centres but the appointments were contested in the court by Professor Atul Sood.&nbsp; The HC observed&nbsp;that the vice-chancellor of Jawaharlal Nehru University is not vested with the power to appoint chairpersons of centres.
The court barred the VC from decisions relating to the convening of selection committees or carrying out selections concerning the centres or special centres.
Professor Sood had argued before the court that the appointments cannot emanate from the VC.&nbsp;A two-judge bench noted that the power to appoint chairpersons is conferred upon the executive council and not the VC.
While declining to stay the appointments, a single-bench on had adjourned the hearing of Sood&rsquo;s petition to February next year. Sood&nbsp;had then filed his appeal before the two-judge bench.&nbsp;

The division bench of Justice Rajiv Shakdher and Justice Talwant Singh said that the power to appoint chairpersons is expressly conferred upon the executive council and not the VC.

Observing that the vice-chancellor of <a href="https://www.editorji.com/story/jnu-sedition-case-delhi-court-summons-umar-khalid-kanhaiya-kumar-others-1613462605119">Jawaharlal Nehru University</a> (JNU) is not vested with the power to appoint chairpersons of centres, the Delhi High Court has restrained the appointment of&nbsp;nine chairpersons by Prof M Jagadesh Kumar. The HC stopped the vice-chancellor from taking any major decisions, including those relating to the convening of selection committees or carrying out selections concerning the centres or special centres.
A division bench of Justice Rajiv Shakdher and Justice Talwant Singh said that the power to appoint chairpersons is expressly conferred upon the executive council and not the VC.
&ldquo;Therefore, prima facie, respondent no.2 could not have exercised the power to appoint Chairpersons of Centres/Special Centres,&rdquo; said the court, adding that the appointments made by the VC prima facie are without authority.
The court was hearing a matter relating to the appointment of professors as chairpersons of the centres or special centres by the VC. Professor Atul Sood had approached the court with a petition challenging the approval granted by the executive council to the nine appointments made by the VC. It has been argued before the court that the appointments cannot emanate from the VC.
Rejecting the varsity&rsquo;s argument that the VC had exercised the powers under Statue 4(5) of the Statute of the university, the court said that the VC can exercise such powers only when immediate action is required &ldquo;on account of the emergent situation&rdquo;, which then is reported to the concerned authority for obtaining its approval.
Observing that Sood had objected to the agenda for the 296th meeting of the executive council and informed the latter that the appointments made by the VC are flawed, the court said therefore prima facie the authorities were put to notice that the course on which they were proceeding was perhaps not the correct one.
&ldquo;Despite this, respondent no.2 (VC), it appears, went on to appoint the Chairpersons of the concerned Centres/Special Centres,&rdquo; reads the order.
The division bench also noted a submission made by Sood&rsquo;s counsel Abhik Chimni that after a single bench of the high court refused to stay the nine appointments made by the VC, he went ahead with the appointment of another person as chairperson of Centre of Spanish, Portuguese, Italian and Latin American Studies/School of Language, Literature &amp; Cultural Studies on October 08, again exercising the emergency powers vested in him.
Requesting the single judge &ndash; before whom the matter is pending &ndash; to advance the hearing of the writ petition filed by Sood, the court has listed it for directions on November 10 before that court.
While declining to stay the appointments, the single-bench on September 28 had adjourned the hearing of Sood&rsquo;s petition to February 18, 2022. Sood filed an appeal against the order declining to stay the appointments.
<a href="https://www.editorji.com/story/jnu-vc-online-learning-is-a-game-changer-1587484969948">ALSO WATCH: JNU VC: online learning is a 'game changer'</a>

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