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Two new Supreme Court judges sworn in; apex court attains full strength of 34

Two new Supreme Court judges sworn in; apex court attains full strength of 34 judges

Two new judges were administered oath as Supreme Court judges on Monday&nbsp;

Chief Justice of India DY Chandrachud on 13 February administered the oath of office to two new judges of the Supreme Court, Justices Rajesh Bindal and Aravind Kumar.
With this, the apex court has attained full strength of judges after a gap of nine months.
Before being elevated as top court judges, Justice Bindal was the Chief Justice of the Allahabad High Court while Justice Kumar was the Chief Justice of the Gujarat High Court.
Earlier on February 6, five judges were appointed to the Supreme Court.
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Watch: Law Minister's fresh swipe at the Supreme Court

Watch: Law Minister Kiren Rijiju's fresh swipe at the Supreme Court

Centre on Saturday appointed five judges to the top court recommended by the collegium on December 13 last year.&nbsp;

Amid the ongoing tussle between the government and the Supreme Court, Law Minister Kiren Rijiju took a fresh swipe at the top court following a media report on the 'very serious warning' by it.
Speaking at a public event in Uttar Pradesh's Prayagraj on Saturday, Rijiju said "The Indian Constitution is our guide. No one can give a warning to anyone". He added, "Public is the Maalik of this country and we are the servants. We all are here for service.
Centre on Saturday appointed five judges to the top court recommended by the collegium on December 13 last year.&nbsp;
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>

The Supreme Court Collegium said Kirpal possesses "competence, integrity and intellect" and his appointment will add value to the bench of the Delhi High Court and provide inclusion and diversity.

SC Collegium reiterates recommendation to elevate lawyer Saurabh Kirpal as Delhi High Court judge

The Supreme Court Collegium said Kirpal possesses "competence, integrity and intellect" and his appointment will add value to the bench of the Delhi High Court and provide inclusion and diversity.

The Supreme Court Collegium headed by Chief Justice of India D Y Chandrachud has reiterated its November 11, 2021 recommendation for appointment of senior advocate Saurabh Kirpal as a judge of the Delhi High Court.
The Collegium, which also comprised Justices S K Kaul and K M Joseph, said the proposal for Kirpal's appointment as a judge of the high court is pending for over five years and it needs to be processed expeditiously.
"In this backdrop, the Collegium resolves to reiterate its recommendation dated 11 November, 2021 for appointment of Shri Saurabh Kirpal as a Judge of the Delhi High Court which needs to be processed expeditiously," said a statement uploaded on the apex court website.
"The recommendation unanimously made by the Collegium of the Delhi High Court on October 13, 2017 and approved by the Supreme Court Collegium on November 11, 2021 has been referred back to us on November 25, 2022 for reconsideration in light of the observations made in the file," it noted.
The statement said Kirpal possesses "competence, integrity and intellect" and his appointment will add value to the bench of the Delhi High Court and provide inclusion and diversity.
Kirpal is the son of B N Kirpal, a former Chief Justice of India.
(PTI)

Congress slams Centre after Rijiju's remark on Supreme Court collegium 

Rijiju has sought this representation, saying it will help infuse transparency and public accountability in the selection of judges.

The Congress on Monday accused the government of "intimidating" the judiciary in a bid to "capture" it, after Law Minister Kiren Rijiju wrote to Chief Justice of India D Y Chandrachud suggesting the inclusion of the Union and state government representatives in the Supreme Court and high court collegiums.
Rijiju has sought this representation, saying it will help infuse transparency and public accountability in the selection of judges.
"The VP's assaults. The Law Minister's attacks. All this is orchestrated confrontation with the judiciary to intimidate and thereafter capture it totally,"AICC general secretary Jairam Ramesh said on Twitter.
"The Collegium needs reform. But what this Government wants is complete subservience - Its remedy is a poison pill for the judiciary," he also said.
Justifying the letter to CJI, Law Minister Rijiju said in a tweet, "the contents in the letter to hon'ble CJI are exactly in conformity with the observations and directions of the Supreme Court Constitution Bench." "Convenient politics is not advisable, especially in the name of the Judiciary. The Constitution of India is supreme and nobody is above it," Rijiju also said He said the government's demand for the inclusion of its representatives and that of states in collegiums of the Supreme Court and high courts was the "precise follow-up action" suggested by the apex court while striking down the National Judicial Appointment Commission Act.
Rijiju made the remarks while responding to Delhi Chief Minister Arvind Kejriwal, who dubbed as "extremely dangerous" the government's move to ask the Supreme Court to include its nominees in the collegium.
"I hope you honour Court's direction! This is a precise follow-up action of the direction of the Supreme Court Constitution Bench while striking down the National Judicial Appointment Commission Act. The SC Constitution Bench had directed to restructure the MoP (Memorandum of Procedure) of the collegium system," Rijiju said on Twitter.
"This is extremely dangerous. There should be absolutely no government interference in judicial appointments," Kejriwal said on Twitter.
In November, Rijiju had said that the collegium system of making judicial appointments was "alien" to the Constitution. Vice President and Rajya Sabha Chairman Jagdeep Dhankhar and Lok Sabha Speaker Om Birla have also claimed that the judiciary was encroaching on the powers of the legislature. PTI SKC PYK PYK
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it is govt's job to appoint judges: Law Minister Rijiju on collegium system

It is govt's job to appoint judges: Law Minister Rijiju on collegium system

The minister's remarks came after he had said at a conference in Jaipur last month that there is a need to rethink the collegium system of appointments to the higher judiciary.

Union Law and Justice Minister Kiren Rijiju said the people of the country are not happy with the collegium system and according to the spirit of the Constitution, it is the government's job to appoint judges.
Speaking at 'Sabarmati Samvad' organised here on Monday by 'Panchjanya', a weekly magazine published by the RSS, he said he has observed that half of the time judges are "preoccupied" with deciding the appointments, due to which their primary job of delivering justice "suffers".
The minister's remarks came after he had said at a conference in Jaipur last month that there is a need to rethink the collegium system of appointments to the higher judiciary.
"Till 1993, every judge in India was appointed by the law ministry in consultation with the Chief Justice of India. We had very eminent judges at that time," Rijiju said in response to a question on the process of appointment of judges.
"The Constitution is clear about it. It says that the President of India will appoint judges, that means the law ministry will appoint judges in consultation with the Chief Justice of India," he said.
"The Supreme Court in 1993 defined consultation as concurrence. In no other field has consultation been defined as concurrence but in judicial appointments," he said, adding that the collegium system was expanded by the judiciary in 1998.
The Supreme Court collegium is headed by the Chief Justice of India and comprises four seniormost judges of the court.
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While the government can raise objections or seek clarifications regarding the collegium's recommendations, it is bound by procedure to clear the names if the five-member body reiterates them.
"I am aware that the people of the country are not happy with the collegium system of appointment of judges. If we go by the spirit of the Constitution, appointing judges is the job of the government," said.
"Second thing, nowhere in the world except India is there a practice that judges appoint their brothers as judges.
"Third, as the law minister, I have observed that half of the time and minds of judges are preoccupied with deciding who will be the next judge. Their primary work is to give justice, which suffers due to this practice," he said.
"Further, the process of consultation for the selection of judges is so intense that, I am sorry to say such a thing, groupism develops in it. People can see politics among leaders but they do not know the politics going on inside the judiciary," he added.
Rijiju said the law ministry's job is to see that the person whose name has been recommended for appointment by the collegium is fit to be a Supreme Court or high court judge.
"A judge will be above criticism if he is not involved in the selection of another judge. But if he is involved in the administrative work, then he or she is not above criticism," he said.
In 2014, the NDA government had tried to change the system of appointing judges.
The National Judicial Appointments Commission (NJAC) Act brought in 2014 would have accorded a major role to the executive in appointing judges to the higher judiciary. However, it was struck down by the Supreme Court in 2015.
Responding to a question on judicial activism, Rijiju said, "Several judges pass observations which never become part of the judgement. During my consultations with them, I have requested them to refrain from it, especially when live streaming of court proceedings is taking place. They are being judged by the people." "As a judge, you might not know the practical difficulties or even financial implications of the order you pass," he said.
"We have three pillars &mdash; the executive, legislature and judiciary. The executive and the legislature are bound and regulated by the judiciary. But if the judiciary goes astray, there is no mechanism to control it," he said.

The government has held back names of two advocates recommended by the Supreme Court Collegium for appointment as judges of the Punjab and Haryana High Court, sources said.
In July, the SC Collegium had recommended names of 13 advocates for elevation as judges of the Punjab and Haryana High Court.
Acting on the recommendation, the government had notified the appointment of 11 advocates as judges on August 14. However, it decided to hold back the names of H S Brar and Kuldeep Tiwari.
Citing certain old allegations against one and lack of experience and less age of the other, sources aware of the process to appoint members of the higher judiciary said the government will take a considered view on the two names at an appropriate stage.
They also pointed out that the government has a right to seek reconsideration from the SC Collegium for its recommendations.

Centre holds back names of 2 lawyers recommended for HC judge post

In July, the SC Collegium had recommended names of 13 advocates for elevation as judges of the Punjab and Haryana High Court.

The government has held back names of two advocates recommended by the Supreme Court Collegium for appointment as judges of the Punjab and Haryana High Court, sources said.
In July, the SC Collegium had recommended names of 13 advocates for elevation as judges of the Punjab and Haryana High Court.
Acting on the recommendation, the <a href="https://www.editorji.com/india-news/dalit-coin-yatra-returns-as-government-refuses-permission-to-enter-delhi-1660118424673">government</a> had notified the appointment of 11 advocates as judges on August 14. However, it decided to hold back the names of H S Brar and Kuldeep Tiwari.
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Citing certain old allegations against one and lack of experience and less age of the other, sources aware of the process to appoint members of the higher judiciary said the government will take a considered view on the two names at an appropriate stage.
They also pointed out that the government has a right to seek reconsideration from the SC Collegium for its recommendations.
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The Supreme Court collegium, headed by Chief Justice of India N V Ramana, met on Tuesday to discuss the appointment of the next Chief Justice as the CJI is set to retire on August 26. 

Supreme Court collegium meets to decide on next CJI

Justice U.U. Lalit, the senior-most judge of the Supreme Court, is next in line to be appointed the Chief Justice of India.

The Supreme Court collegium, headed by Chief Justice of India N V Ramana, met on Tuesday to discuss the appointment of the next Chief Justice as the CJI is set to retire on August 26.&nbsp;
Besides the CJI, the collegium includes four other judges including Justices U.U. Lalit, D.Y. Chandrachud, Sanjay Kishan Kaul and Abdul Nazeer.&nbsp;
While the collegium did discuss potential candidates for appointments to the top court, it is yet to reach a consensus as some judges are, reportedly, of the view that they should wait till the next CJI takes over.
The collegium is likely to hold another meeting on Wednesday.&nbsp;
According to the Memorandum of Procedure (MoP) on the appointment of judges and the CJI, the Law Minister is supposed to ask the outgoing Chief Justice to recommend their successor and the process normally starts a month before the retirement of the incumbent CJI.&nbsp;
The Supreme Court is reportedly yet to receive a 'note' or a 'letter' from the law ministry regarding recommendation for the next CJI.
The CJI should be &ldquo;the senior-most judge of the Supreme Court considered fit to hold the office.&rdquo;&nbsp;
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Justice U.U. Lalit, the senior-most judge of the Supreme Court, is next in line to be appointed the CJI, as per the MoP. He is expected to have a tenure of three months, retiring on November 8, 2022.
With CJI Ramana&rsquo;s retirement, the apex court will have 30 judges against a sanctioned strength of 34.&nbsp;

supreme court collegium

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