Apex Court Has Upheld Constitutional Morality

th Associate Justice in Brett Kavanaugh after a wrenching debate over his alleged sexual misconduct and judicial temperament that shattered the Senate and triggered an acrimonious new level of polarization now encroaching on the court that the 53-year-old judge may well swing rightward for decades to come. No, it is certainly not all hunky-dory with judiciary as a whole in what is called a nation of litigants. There are numerous problems at all levels.  Tussle with the government of the day is a permanent feature. Millions of cases have piled up. The issue of how judges should be selected remains unsettled. Access to legal redresal for the common man and much else need reforming. Although parliament and the executive are the ones to usher in reform, the Chief Justice of India and the Supreme Court are at the top of the whole process. They most redeem themselves in the eyes of the people. To return to the import of last month’s string of judgments, senior lawyer and former minitower P. Chidambaram says: “Every judgment of the Constitution Benches of the Supreme Court delivered in 2018 has chipped away at tyranny, enlarged the freedom of the people and advanced the cause of Constitutional morality. Project Aadhaar as envisaged by the UPA has been retrieved. The ‘good’ in Aadhaar has been saved. Most of the ‘bad’ in Aadhaar has been identified and consigned to the flames; but there is more. Eternal vigilance is the price of liberty.”   (The writer can be reached at mahendraved07@gmail.com )]]>

Justice Ranjan Gogoi Likely to be Next CJI

reports said on Saturday. Outgoing Chief Justice Dipak Misra has reportedly recommended Justice Gogoi’s name as his successor to the law ministry. According to the norm, the outgoing CJI recommends the name of the second senior-most judge for the post 30 days before he is to demit office. In January this year, Justice Gogoi was one of the four, along with Justices J Chelameswar (now retired), MB Lokur and Kurian Joseph, who had called a press conference raising concern over the goings-on at the Supreme Court.]]>

Centre can soften its anthem stance, says SC

“Next thing will be that people should not wear T-shirts and shorts to movies because it will amount to disrespect to the National Anthem… where do we stop this moral policing?”
Justice DY Chandrachud
  A three-judge bench headed by Chief Justice Dipak Misra said it might modify the wording of its 2016 order on the issue to state that cinema halls “may” instead of “shall” play the national anthem before the start of movies. Justice D.Y. Chandrachud and Justice A.M. Khanwilkar were the other judges on the bench. The bench on Monday told the Centre not to be influenced by the 2016 order on the playing of national anthem in the theatres while taking a fresh call. Attorney General K.K. Venugopal, appearing for the Centre, said India was a diverse country and the national anthem needed to be played in cinema halls to bring in a feeling of uniformity. The bench responded: “Not singing national anthem in movie halls was not a sign of being anti-national.” The court had said last year that it would be mandatory for all those in the cinemas to stand up as a sign of respect when the anthem is played. Later, in December 2016, the court modified its order to say that handicapped persons need not stand up.   // ]]>