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Growing Trend In Increase Of Women Judges Across Country: Chandrachud

By LokMarg 6th October 2023

Chief Justice of India DY Chandrachud on Friday said that there is a growing trend across the country where women judges are outnumbering their men judges in lower courts.

CJI referred to the significant increase in the number of women judges and cited a specific example of a junior division court in Maharashtra, which currently has a total of 75 judges, 42 of whom are women.

All 75 judges were present in courtroom CJI’s number one of the Supreme Court today.

At the outset of the proceedings in the court, the CJI said, “We wish to share some happy news. Here in the back row (in the courtroom), we have 75 judges from the civil judge junior division from Maharashtra. Out of a batch of 75 judges, 42 are women and 33 men.”

CJI added, “This is happening across the country where the judges who are women are more in numbers.”

Justice Chandrachud said he would meet the judges present in court, during the lunch hour.

He said the change in the gender ratio of subordinate judges was reflective of circumstances and decisions made fifteen years ago.

CJI said, “The appointments we make today is a reflection of what happened fifteen years ago and we have to select from the pool. Here, two are doctorates, some are gymnasts, some are warli artists.” (ANI)

Greater Collaboration Needed Between Judges & Lawyers: CJI

By LokMarg 17th September 2023

Chief Justice of India DY Chandrachud, while addressing lawyers at Chhatrapati Sambhajinagar, remarked that greater collaboration between judges and lawyers is a prerequisite for strengthening the legal system and making it resilient for future challenges.

While addressing a gathering of over 600 advocates at Chatrapati Sambhaji

Nagar today, the Chief Justice of India emphasized the importance of enhancing collaboration between judges and lawyers to find solutions for the betterment of the legal system and the administration of justice.

The CJI was addressing an event organised to mark the 75th Marathwada Liberation Day, also known as Marathwada Mukti Sangram Din.

Speaking on the occasion, Justice Chandrachud shared the importance of the Marathwada liberation movement in Marathi.

The CJI unfurled the national flag at the Aurangabad Bench of the Bombay High Court, in accordance with the annual tradition to commemorate a day of historic significance to Marathwada, Maharashtra and the nation.

Speaking to the lawyers, the CJI cautioned against lawyers resorting to strikes and boycotting courts. He emphasised that issues could always be amicably resolved by discussion and co-operation between the Bar and the Bench.

Emphasizing the need to ensure that women are given a significant voice in the legal system, as legal professionals, the CJI stated that it is a constitutional duty of every member of the legal profession to provide substantive institutional support and encouragement to women lawyers.

For the young lawyers, he encouraged all lawyers to provide proper guidance and support to the young members of the legal profession.

Though India obtained freedom from colonial rule on 15 August 1947, a few princely states including Hyderabad (which was under the Nizam) refused to merge with the Union of India.

There was popular unrest against the Nizam and a movement for liberating Marathwada gained roots. The populace was subjected to unrelenting atrocities. Innumerable people sacrificed their lives for the liberation of Marathwada. Amidst the unrest, the government of India launched a military operation named Operation Polo.

On 17 September 1948, the Nizam eventually surrendered and agreed to the merger. There were several internal freedom movements such as the Marathwada Mukti Sangram which ensured that India became a union of states. (ANI)

Judges Shouldn’t Get Post-Retirement Benefits: Justice Deepak Gupta

By LokMarg 18th February 2023

Former Supreme Court judge Justice Deepak Gupta on Saturday said that judges should not be given any post-retirement benefits because there would not be an independent judiciary if it continues.

“There should not be any post-retirement benefits. We cannot have an independent judiciary with such benefits,” Justice Gupta said while addressing a seminar on judicial appointments and reforms.

Speaking about the need for independent judges, he said that these judges would have the spine to stand up for themselves and be true to the Constitution.

Recently, the appointment of former Supreme Court judge Justice S Abdul Nazeer as the Governor of Andhra Pradesh, within 40 days of his retirement from the top court courted a political row.

Justice Nazeer was part of the five-judge bench that decided the disputed Ram Janmabhoomi case in November 2019 handing over the Ayodhya land to the Hindu party. Justice Nazeer was the lone Muslim face on the Ayodhya bench presided over by then Chief Justice of India (CJI) Ranjan Gogoi.

Justice Gupta also expressed his strong view that there should be a common retirement age for the judges of the Supreme Court and the High Court.

Justice Gupta also mentioned overheard things, however, he clarified that he had not verified the facts that it takes normally 100 days for the government to approve the recommendation made by Collegium but the government took a long time to clear the names of recommended Judges, belonging to minority communities.

Terming these facts as a dangerous trend he presumed that if it will follow then they [Judges] will never become Senior Judges, Chief Justices and never reach the Supreme Court.

Former Delhi High Court Chief Justice Ajit Prakash Shah, however, suggested a judicial commission-like system for the selection of judges and mentioned that there are many existing problems with the collegium system.

He pointed out that the Collegium system creates a democratic deficit and the idea of judges appointing judges does not behove a democratic setup.

Justice Shah shared his experience and said that the collegium distracts judges from their principal work of adjudication and they don’t have proper time to investigate selected candidates.

Justice Shah mentioned the appointment of Victoria Gowri as Madras HC judge as an example of the situation when the process collapses citing her alleged controversial speech.

Justice Shah called for the collegium to operate without bias, which reinforces other characteristics like nepotism and favouritism.

He highlighted that many judges are related to former judges and many are from the upper caste and the middle class.

However, he also expressed his disagreement with the government’s suggestion that the Law Minister can be a part of the collegium discussion and said that it will be dangerous.

Justice Shah said that the government suggesting the names are not only about favouring someone but someone close to their ideology.

He suggested making the system transparent and said the most important part is of publication of names and recording of minutes of meetings of the collegium among others. (ANI)