Collegium system is alien to the Indian Constitution: Kiren Rijiju | Times Now Summit 2022
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- čas přidán 24. 11. 2022
- Law Minister Kiren Rijiju, on Friday, said that the collegium system, which involves the recommendation of names for transfers/ appointments of judges, is 'alien to the Constitution of India'. Rijiju said that the collegium system needs to be replaced by a better system; but as long as it is prevailing, the government is committed to respecting it.
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I admire the statement made about Abolition of Collegium from Indian Judiciary
Malum bhi h kya hota h collegium system
@@abhiroopgaur5211, Ji maloom h
@@abhiroopgaur5211 terekp maalum hai kya??
Judicial 1st policy
Meetha A- One Innocent Accused (done nothing) should never be punished.
Bish B- 1000 criminal (found involved in rape, murder, extortion, kidnapping) may be released/1000 innocent victims may be forced to burn in the fire of Injustice till death. This leads to X No.of Crimes & Prevents No.of Crimes=No.of Punishments
Halahal C- Hero(Lord Ram type, who killed the rapist of his wife/sister/daughter/mother)=Criminal(who killed a shop owner refused to pay any extortion). This leads to 1000X No.of Crimes & Prevents No.of Crime=No of Punishments.
Justice 1st Policy-
A- One Innocent should never be punished B- Each and every victim must get justice, even one criminal can't be released. This leads to No.of Crimes=No.of Punishments
C- hero (who killed rapist of his sister/wife/mother/Daughter or who killed the lover of his wife)must be rewarded. This leads to No.of Crimes=No of Punishments
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What an excellent reply by Shri Kiran Rijuji.
Great sir
Yes I do agree with respected minister,go ahead please change this setting, system... thanks a lot sir
He is such a fine speaker. Clear and fluent. He is really a gem in the Modi cabinet.
Honourable Rijuj Jee whole country is with you as you are 100% correct people want that the collegium must be rooted out . Some of the People are not worth for the posts please stop the recommendation of their kith and kin and close acquittance
Ye sale sabko apni baap ke jagir samaghte h . Media khreedli . Agar ish desh ko loktantra ko bachana h collegium systm is best . I like nepotism than corruption
Why all supreme judges come from same 17 family ? It is clear nepotism, just what happens in congress and Bollywood.
Why judges are allowed to interpret laws ?
Wtf that just abhorrent
And cricket also
Jay Shahh??
@@kannadiga_saleem943 yeah great cricketer
@@kannadiga_saleem943 he's not politican. Not same field. Here talking about judicial corruption.
Court judges has treated judiciary system as their fathers’ Dukan.
Exactly ,,,, and now judiciary is trying to be peek into legislative 😢
No brother .i am a lawyer. Believe me collegium is best but require some improvements. Govt will appoint only BJP supporters otherwise.
Only a fool can say this... You are advising to believe on the government full of criminals instead of well educated and experienced jurist? ... We cannot believe govrt at all...
Atleast they are publicity streaming proceeding unlike government, who being elected holds zero accountability to the public.
Wow and what about legislative and executive??? These corrupt, illiterate, unknowledgeable politicians also harming the nation ispe kyu nahi bola jata he rijiju se???
Aaj kahi bhi choti job ke liye apply karoge to tumse appropriate degree, ample amount of knowledge aur experience manga jayega par MP, MLA ke liye tumhe koi experience nahi chahiye.. ye sahi he andh bhakton???
Ya to tumlog andh bhakt ho, ya dalaal kisi political party ke ya tumlogo ko pata hi nai he politician bante kaise hn.. Aaj ke time aadhe se jyada gunde, gawaar, jaahil, do kaudi ke insaan, battameez bhare hn..
Businessman inhe funds krte hn aur through media ek proper channel he inhe help karne ka.. Full TRP di jaati he jaahil, gawaaro ko isko khatam krne ke liye ye Law minister kuch nai bolta kyu???
Kabhi ye pucha he tumlogo ne isse??
Isko Collegium me itni galti dikhti he par jis Institute se POORA DESH chalta he, POORA RAJYA chalta he uspe nai bolta ye..
Sab jaante hn ki Central aur State assembly me kitne aise Elected person hn jinpe Serious Criminal Charge he.. aise logo ke liye kab bolega ye do kaudi ka Law Minister???
NJAC isse phle leke aaye the ye log parliament se padha tha usko?? Kaise attempt kara tha inhone judiciary ko apne under me lene ka??
Last me sabhi apne desh ke logo se ek hi baat bolunga ki in jaahilo ke haatho chutiya na bane.. Collegium me bhale hi opaque process he par use sirf judiciary ko hi sahi karna chahiye..
For CJI and judges of SC
1. merit process
2. Through judgement
3. Must be with in top 4 seniormost judges only
4. Must given and passed HJS exams too..
5. His constitutional Interpretation
And other mechanism which according to judiciary brings more transperancy and maintain independency of judiciary..
Ek do kaudi ka kisi party ka karyakarta jab apni party ke jahil politician ko andha support deta he to me As an advocate bhi apni HON'BLE LEARNED JUDICIARY ko full support deta bhi hu aur dena chahiye bhi..
Aaj judiciary na hoti to ye neta log public ko noch khaate..
It is absolutely correct that judges are regularly criticized even severely in the US. I know it because I have been living in the US since 48 years. I think this Indian law minister is impressive and has articulated his issues very brilliantly. However, I cringed when he said that I will make sure to take the actions to see that judges are not criticized by the people. This is a new concept alien to the democratic societies, specifically the ones in the west upon which the foundations and the architecture of India's legal system is based. On one hand the judges of Indian courts sermonize and pontificate constantly about right to freedom of speech and freedom and liberty, but when it comes to criticizing them for their unconstitutional, unjudicial and offending comments, they gang up with a threatening stance and start shouting the words like, "We will destroy you ... we know who you are ... we know what you are trying to do ... we are not fool ... don't try to test us .... we will make your life hell." Sadly, many of these judges are from the highest court of India. They want to jail a person who is criticizing them with "contempt" of judges and courts. Although Indians have adopted the same legal system as that of the western countries (UK and USA) yet they are confused about what constitutes a contempt of the court. An act of contempt towards the court is only applicable to the disobeying a court order to the person contesting a case, not to the whole society and some other random person who happens to criticize a particular judge (or judges). For example, if the court says "Ok, you have the bail but do not try to cause damage to evidence, or don't fly out of the country", but the person violates this order and then that is considered the contempt of the court. Some other person who criticizes a judge has not caused contempt to anything. It is a bogus argument that no one can criticize a judge whatsoever. It seems anyone enjoying the seat of authority in India starts thinking of themselves as supreme and unassailable, no matter what. This is called corruption of power. It certainly seems to be the case with Indian judges today.
The reaction of few SUPREME COURT JUDGES on hearing petition of Ms Nupur Sharma was unbecoming of JUDGES DUTIES. It was not only to be criticised, the judges should have been suspended for the REACTIONS
The idea that SC ALONE is defender of the Constitution is to assume 2 things. Other 2 wings are not responsible to defend the Constitution. And also assuming too much about themselves.
The thing is Judges are trying to portray themselves as demigods, whatever they say should be treated as the ultimate truth, and no question shall be raised about it. They will fix everyone's responsibility, but no body will fix or ask about their responsibility.
Justice Sanjay kishan Kaul has said the Collegium system is law of the land, now who made that law, and who is responsible to make a law. Even a very naive person can tell that law making a job of legislature (Parliament) ,and parliament never made a law legitimizing collegium system. It's an innovation of SC, and SC by wearing cloak of defender of constitution is trying to legitimize an unjust inappropriate system, which has no legal or statutory backing.
The same SC which directs government that Posts Such as Director of CBI shall have tenure no less than 2 years, while appointing for CJI makes no specifications, a Judge who is about to retire in 2 months also becomes CJI, why because it is a hidden deal or understanding that everyone should get a chance. No minutes or detailes are maintained of the meeting of collegium while it is deciding the names of judges to be recommend to the government. This system is highly inefficient and has given rise to corruption and nepotism in higher judiciary. Every judge gives chance to sons and Nephews of some other judge. You will find that in higher judiciary Fathers of the most of the Judges had also served as Judges of SC in the past.
But Nobody shall question them or their authority because they are so called "Protector of the Constitution", what they say is sacrosanct.
No bio data, no interview, no exam but judges selected
Spot in! Not just alien to Constitution of India but also to the entire world, developed or underdeveloped. And the arrogance of majority of judges is something to be seen to be believed.
Every job has a target date and accountability, but judgement day never comes hence justice delayed is justice denayed . Even in case we're vedio evidence are right in front don't have judgement. Justice is brought for money in maney of cases.
True 👍
Bhai ye netao je banaaye hue legal procedures ke karan late hota he na ki judges ki wajah se
Bolo speedy court aur uske liye procedures banaane ko apne jaahil netaao se
How many judge in whole country?
Great, Sri Rijju is well informed and knows what he is speaking about
Collegium Should be Scrapped..
The judiciary if wrong has no accountability
He knows the reality of collegium as there is no transparency. He will be suppressed for speaking the truth.
SC became undemocratic because of collegial system
Collegium System has given two CJIs from चंद्रचूड खानदान,and country has big opportunity to create World Record by having third CJI from चंद्रचूड खानदान before 2030-35!!! Thanks for the Collegium System adopted by Supreme Court!!!
Very well explained by Rijiju. Supreme court is not sovereign , it is the govt and parliament who have the legitimacy by people's mandate.
Don hai kon
Supreme court is baap of government and will be.
Honorable Minister gave a fantastic logical reply. Completely agree with his views.
I agree 100 % with our law minister rijuju ji
YOU ARE ABSOLUTELY RIGHT MR RIJIJU. PROUD OF YOU, BRING TRANSPARENCY IN LEGAL SYSTEM IT IS HIGHLY CORRUPT AND OPAQUE. I AM READY TO PAY ANY PENALTY FOR THESE COMMENTS. I WANT TO SEND YOU SMALL TOKEN OF LOVE FOR THESE COMMENTS
Super Explanation by Hon'ble Shri Kiren Rijuji which CONGRESS & Lutyens will have to go Abroad to Study & Understand its Implications 🙏🙏🙏
Some recent incidents has proved it......law Minister has valid point. NJAC is need of hour.
Outstanding. Very knowledgeable
The Minister deserves an answer to the point raised "where is Collegium mentioned in our Constitution or was provision of Collegium deliberated in the deliberations of our drafting Committee?" In a nutshell, Collegium is not the brainchild of a few judges out of our constitution.
you enjoy so many fundamental rights which are niether mentioned in the constitution nor was deliberated in the constituent assembly...so its completely a matter of judicial interpretation...as far as collegium system is concerned then even SC accepts that more transparency is required and they are ready to bring certain changes... but tell me which appointment system is 100% transparent? why only those bureaucrats which are loyal to govt are chosen for top posts? is there any transparent criteria of choosing Head of investigating agencies like ED, CBI , CEC etc ? The answer is "No" because it is left to the wisdom of the executive to appoint any bureaucrat which the govt thinks is suitable...now here it doesn't mean that other bureaucrats are not suitable...may be other one's are not "YES MAN" so they were not chosen.
@@Ravinderchaudhary Fundamental Rights are mentioned in our constitution. There is no arbitrariness. Executive appointments are open to public well covered under RTI. No such transparency exists in judicial appointments. Why son nephew or family members of Ex judges are repeatedly appointed. You choose my ward I choose yours cannot be an established norm in democracy. Let there be a system in which the lowest of the lowest can aspire and try to become CJI or apex Court with his hard work and dedication and by virtue of being born in a privileged family. Legislatures and Executives allow such opportunities but Judiciary debars citizens to avail such opportunities in the name of freedom of judiciary. It is not freedom but restrictions to common people. How long do we have to wait for this?
@@vinaysinha7598 do you know the ex CJI Hon'ble justice NV Ramana was a first generation lawyer ..He doesn't have any family member in judiciary and not just he infact there are multiple judges from different high courts and supreme court who were first generation lawyer and eventually becomes judges solely on the basis of hardwork and merit....justice L nageswar Rao was also first generation lawyer...so your argument that only sons and nephews of judges becomes judges is wrong.
@@vinaysinha7598 Not all fundamental rights which you enjoys are mentioned in the constitution...art 21 has been interpreted so many times by the SC and because of that interpretation new fundamental rights emerges....can you file an RTI to know why only a particular bureaucrat was appointed to a particular post and why not others? are those parameters made public?
Any institution should get it's authority either directly or Indirectly from people, whether good or bad, I. e democracy. Collegium good or bad but undemocratic.
The Minister is absolutely correct.
Absolutely right 👍
Well said, sir.
Govt should conduct IJS(Indian judicial service) kile IAS,IPS under upsc in judiciary only nepotism nothing else because of collegium.99.6% judges father mother uncle etc..any relative is judge and the person again became judge with in 10 yrs..it's a miracle by collegium only.Modi should abolished it completely and conduct All india examination under UPSC.
To set up an INDIAN JUDICIAL SERVICES system is very much essential. Only this can establish transparency and competency in the judiciary and win people's respect and confidence.
Bhai judge ka paper hota h then after promotion and many IAS IPS there family belongs to services problem is that now SC ask a question to a government
The problem is SC rejects this proposal of IJS which was proposed by govt I think on 2019 saying that it violates the basic structure of constitution I mean just like that no further explanation no other things.
@@kazuma2060 in fact the collegium system violates Constitutional provisions.
@@kazuma2060 collegium is not even mentioned in constitution.
Untill 1993, Govts were appointed by the Govt only and then why SC is insisting the Collegium System??
The position that what judges say is the word of constitution has been eroded by arbitrary conduct of business in judiciary. Appointing known persons to any constitutional post without being transparent must go.
I am proud of my law Minister Mr.rijiju.A best law Minister for ever.
Appointment of judges , or complete judgement asap ??? What is standard max time for a case ???
The time is decided by the prosecution and defence and it has been their favourite game to extend dates while judiciary look helpless having no other option than to grant one.
The Constitution of India is not a religious document, but a sovereign document- respecting all.
By this he meant adherence and where they draw their value and decision from like holy books
Supreme Court judges should be appointed only after confirmation by Loksabha and Rajyasabha ( Sennet and Congress) as they are confirmed in the USA. There is no country in the world where Supreme Court judges are appointed by a collegium made of Supreme Court judges. 150+ years passed the USA still does not need a *collegium* to appoint judges of the Supreme Court. Some of the judges are Harvard Educated. Did Harvard teach them to appoint judges via "collegium"?
Well said.
I don't know how BJP OR NDA Government Select minister for respected ministry.. I AM TRUE FAN OF KIRAN RIJIJU... AND HOW HE DESTROY CHEAP MANATALITY OF JOURNALISM.. love from Bihar
You are absolutely right
When it's well defined about the appointment of judges in constitution, constitution clearly defines "the appointment of judges will be based on consultation with the judges" consultation means just a opinion not order and resentment of collegium is unconstitutional itself. This must be changed or replaced with suitable new system keeping the ethos of constitution clearly.
Honourable Minister has spoke the truth, but considering weakness of explicit facts of Constitution, I support collegium.
Judicial system has become next bollywood .
FEEL GRT.! INTERACTION ![THE TRUE GOAL OF JUDICIARY ," THE CORRECT JUDGEMENT ".!
Remember before collegium system, two senior most judges were sidelined from becoming CJI because they gave dissenting view againt govt.
Now they want the same. They want judges like YES YES to the govt every move, every word.....
Truly democracy indeed
Excellent said sir kirren rijju जी
Absolutely
Judges are behaving like kings
Brave man
I was taught (during my school days) that most contrasting feature between democracy & autocracy is the distribution of (legislative, executive, and judicial) power. Before making any alterations, hope someone address the burning questions like "What if government appoint judges (instead of Supreme Court)?"
Non sense.. 75 years of independence nobody talk against collegium till UU Lalit. After UU stepdown now they are against the collegium. 🤣🤣🤣🤣🤣
Dear sir how will you assure the independence of our integrated judiciary..?. Will you use this institution like ED?
Are you eager to push our country to an authoritarian one?
We cannot believe government... They are Politicians....
I believe that Mr. Minister is CORRECT.
Kirenji, we know what kind of people you will accommodate in the higher judiciary if collegium system will be lifted during your govt. Only the chamchas will be judges whom you would expect to suit your agenda. The day collegium is abolished, that would be end of democracy in india. I call upon judges to be strong and stand for independence of judiciary .
Totally nepotism in judiciary
Excellent explanation. At last we have a government machinery that thinks and works.
Collegium system should exist but be made more transparent, but NJAC should never be implemented becoz after that Judiciary will loose it's independence.
सर 2 दिन पहले का वीडियो वायरल हो रहा है जो न्यायपालिका की कुर्सी पर बैठा जज और महिला का है वह भी ऑफिस में बहुत ही निंदनीय है
ALMIGHTY God bless everyone 🙏
It's correct. In constitution there is no provision of judges appointing judges. But it is only our judiciary which hijacked it and abusing it for very long time. I respect him for facing this issue head on. To bring better judicial services to people it is Must to fix this.
Justice chandrachud has assumed office as CJI . As he is a highly qualified person will he bring about this urgent changes in judiciary ? : (Unfortunately he does not know what is happening in his backyard. PLEASE ALLOW Party-in-persons to argue their cases with out the mischief of registry : Asking silly questions, Raising silly defects, sleeping over it for years and finally ensuring dismissal of case by mischief in defects stage itself and that is happening in Supreme Court and the judges are looking the other side !! .
In our country most lawyers are generalist. Also in High courts most cases are decided by common sense and there is nothing high law discussed to decide a case. Generally public can defend themselves and we don't need lawyers. Most lawyers after accepting a case don't care discuss with litigants and are casual.
CJI is concerned about Survival of lawyers but not concerned about Survival of law and litigants. It is preached by lawyer community that any litigant should be represented by a lawyer and he cannot be allowed to represent himself directly as the lawyers not just protect litigants but also courts and our honourable courts want to believe that. However the reality is except for some exceptions most lawyers are neither faithful to courts nor to litigants but only to themselves and are after pocketing their fee. The competence of most lawyers in our High courts is just pathetic. Their sincerity and eagerness to win a case is also very low.
So please allow party-in-persons to argue their case with out the hurdles put by the registry.)
1. In high courts any appeal on decision of single judge must go to a bench of odd number of judges. If CJ is part of bench other judges on bench should be selected by another judge and not CJ. ( There should not be any even nuumber judges bench at all)
2. Any judgement that does not counter all the points raised in a petition should be automatically considered null and void
3.Any judgement must consider all the evidences presented and not a few selective ones .Otherwise the judgement should be considered null and void
(Points 2 & 3 is already there in judges training manual of UP. A team citizens should monitor a case and ensure compliance. Just like jury but unlike jury system here the citizens should be given a check list .)
4. Any defect raised by registry maybe contested and should be resolved only by a judge this will prevent mischief by registry and now the registry is law unto itself raising silly defects
5.A party in person should be allowed to argue his case without giving any reason and without answering irrelevant questions like why he cannot engage a lawyer ? etc and without undergoing irrelevant procedures made to harass him and to finally drive him out or to force him to accept a lawyer
6. Most important the registrar or secretary general should not be allowed to make any rule without approval from a committee of judges appointed by CJI
7. Also cji should form a committee of judges to do a weekly review of the progress made by the registry. Today registry and secretary general are uncountable. cji should assert his authority over the secretary general.
Please note judges don't come to court after studying the petitions listed for the day but casually walk in and see few lines here and there and expect party in person/ lawyer to make oral presentation. They are so lazy. If a case has to be decided only oral submissions why detailed written notarized submissions are made after painfully curing all the defects by the mischievous registry. So it is no wonder Indian judges dispose of hundreds of cases in a week as the judgements are unfair and casual to say the least.
Lawyers are least concerned about the flaws in the system but are only after collecting their fee.Please note it is not just speedy justice that is required but also high quality, fair judgment that is more important. However today it is totally lacking in judgements of High courts. Litigants wait for years but judges dispose of cases with out even reading the petition. Only option left for litigants is to go on appeal but even there situation is same or worse.
That is correct SC was not given initial power she took it just because she can same with basic structure doctrine, If SC CAN use loopholes then government too can
Abolition of collegium ≈ No democracy
Even if a judge select a judge there is no threat to democracy but people must think what will happen when executive started having its say in selection process...this democracy will collapse for sure....although collegium is not that transparent but it ensures independence of judiciary...even no selection process is 100% transparent...only those bureaucrats are chosen for top most who are "YES MAN" so where is the transparency here ? one must understand the role of judiciary in a democracy...it is the only institution which can fearlessly puts a check on executive actions if those actions violates the provisions of constitution...so judiciary is actually establishing supremacy of the constitution and not of itself....Now coming to the collegium system...no doubt its not transparent but it ensures that there is no intereference of politicians in the selection process....certain changes can be made in it to make it more transparent but replacing it altogether and allowing executive to select judges will grossly affect independent functioning of judicial system....then u will see judgments favourable to government only.
Go check what was NJAC.
@@diptisahoo4421 you can also enlighten us what was NJAC?
@@Ravinderchaudhary Nah I can't write go check your self. By the way have u 4G connection???
@@diptisahoo4421 i have a 4G and high speed broadband connection as well.. so you should worry about your own 3G network and just commenting "Check NJAC" will not work here...pls have the guts to argue in a more dignified way...i knw everything about NJAC act and why it was struck down...now pls go further and share your "so called"wisdom on this issue in a matured way.😊
Brilliant rebuttal
High court me sari appointment apne hi kr lete hai
I accept collegium is not present in Constitution, however Dr. Subrahmanyam Swamy (BJP Member) also supports collegeium system.
Judiciary need to be update for every case there should be some time limit
Bhut badhia sr
He is totally correct.
❤❤❤
It is government owned sovereignty and British judiciary Independency unbridled power temporarily granted in 1950 but continued 75 years is illegal without extention. President of India should cancel authorization in favor of Supreme Court to solve problems.
Collegium is constitutionally, unconstitutional - it was not and is not written in the constitution of India - if it’s written it can and should be amended.
Why does the parliament not make the Collegium as a law
Govt shouldnt appointment judges....but can appoint jury.
Reform in judiciary is the demand of time. It is the time for giving relief to public for prompt decision . Judiciary have failed to fulfil his duty. It is the duty of gov. as they are reprensative of people to provide prompt justice to the people.
Colegium is not alien to our constitution because it says judiciary is to be independent, also judiciary can be worst if it is under the politicians as we know....but colegium needed to be reformed...more transparency is needed in selecting judges...also contempt of court rules need to be changed in more democratic manner ....
🤫🧐🕵️🧑⚖️🤐
1. Collegium System of judiciary appointments needs to be scrapped. There are so many of excellent practicising Advocates and Judges who don't become SC HC judges or CJI even after passing Judiciary exams. We criticize nepotism and transparency in Politics, Film fraternity and Indian Corporate, but not in Judicial system :
a. Collegium practise of appointment is only in India and nowhere in the world. So developed countries like US, UK, Germany, Australia, Japan do not have Collegium system, but only India has it. 🤔 There have been multiple instances of nepotism in appointments.
Judiciary (and NOT the Parliament) enacted Collegium law procedure in 1993 of appointing new SC and HC Judges by group of 5 senior SC Judges. So 5 SC Judges collegium decides appointment of SC/ HC Judges with no consultation with Govt.
b. Collegion is not mentioned in Indian Constitution. It was enacted by Judges themselves in 1993.
c. No minutes, notings files available under RTI. So the skills, assessment process of appointees is confidential only known to the Collegium. Public or anyone cannot get information under RTI.
d. No consultative approach in collegion appointment in case of objections raised by govt.
Though the Collegium procedure mentions consultation model with Government in case of objections, in practise Collegium orders appointments without any consultative practise.
e. Numerous instances of nepotism in judicial apointments by Collegium. There should be panel comprising noted Public figures, Executive, Govt, Opposition and Judges.
f. Judges wealth is not disclosed.
g. NJAC Judicial Reforms bill passed unanimously by both Lok Sabha and Rajya Sabha in Parliament was scrapped by SC judges.
🕵️ See the below list 🤫🤐🧑⚖️
Sitting SC Judges
Dhananjaya Yashwant Chandrachud
CJI, SC Judge
Father : Yeshwant Vishnu Chandrachud, Ex CJI, SC Judge
Kuttiyil Mathew Joseph
SC Judge
Father : K K Mathew, SC Judge
Sanjiv Khanna
SC Judge
Father : Dev Raj Khanna, Delhi HC Judge
B V Nagarathna
SC Judge
Father : E S Venkataramiah, Ex CJI, SC Judge
Pamidighantam Sri Narasimha
SC Judge
Father : Kodanda Ramayya, Judge
Sudhanshu Dhulia
SC Judge
Father : K C Dhulia, Allahabad HC Judge
Sanjay Kishan Kaul
SC Judge
Brother : Neeraj Kishan Kaul, Delhi HC Judge
Dipankar Datta
SC Judge
Father : Salil Kumar Datta, Calcutta HC Judge.
Brother in Law : Amitava Roy, SC Judge
Some earlier instances :
U U Lalit
Ex CJI, SC Judge
Father : U R Lalit, Ex Bombay HC Judge
Dipak Mishra
Ex CJI, SC Judge
Uncle : Ranganath Mishra, Ex CJI, SC Judge
Bijan Kumar Mukherjea
Ex CJI, Ex SC Judge
Son : Amiya Kumar Mookerji, Calcutta HC Judge
Lalit Mohan Sharma
Ex CJI, SC Judge
Father : L.N. Sinha, Ex AG of India
Son : Parthasarthy, Patna HC Judge
Arun Kumar Mishra
Ex SC Judge
Father : Hargovind Mishra, MP HC Judge
Ranganath Misra
Ex CJI, SC Judge
Father : Godabarish Misra, Ex Orissa Education Minister, Congress Politician
Sudhi Ranjan Das
Ex CJI, SC Judge
Son in Law : Ashok Sen, Ex Union Law Minister
Sabyasachi Mukharji
Ex CJI, SC Judge
Father : Prasanta Bihari Mukharji, Ex Chief Justice, Calcutta HC
Rohinton Fali Nariman
Ex SC Judge
Father : Fali Sam Nariman, Ex SC advocate, President Bar Association of India
Raghunandan Swarup Pathak
Ex CJI, SC Judge
Father : Gopal Swarup Pathak, Ex Vice President of India
Bhuvaneshwar Prasad Sinha
Ex CJI, SC Judge
Grandson : B P Singh, SC Judge
Madan Bhimarao Lokur
Ex SC Judge
Father : Bhimrao Lokur, Allahabad HC Judge
Pinaki Chandra Ghose
Ex SC Judge
Father : Sambhu Chandra Ghose, Ex Chief Justice of Calcutta High Court
Arjan Kumar Sikri
Ex SC Judge
Father : Sarv Mittra Sikri, Ex CJI, SC Judge
Koka Subba Rao
Ex CJI, SC Judge
Brother in Law : V. Rajamannar, Ex Madras Governor, Ex Chief Justice Madras HC
P. N. Bhagwati
Ex CJI, SC Judge
Father : Natwarlal H. Bhagwati, Ex SC Judge
P. B. Gajendragadkar
Ex CJI, SC Judge
Son in Law : Raghavendra Jahagirdar, Bombay HC Judge
Rajesh Kumar Agrawal
Ex SC Judge
Father : Rajesh Kumar Agrawal, Ex Advocate General UP State
Sharad Arvind Bobde
Ex CJI, SC Judge
Father : Shrinivas Bobde, AG of Maharastra
Mirza Hameedullah Beg
Ex CJI, SC Judge
Father : Mirza Samiullah Beg, Ex Chief Justice, Hyderabad
Madhukar Hiralal Kania
Ex CJI, SC Judge
Father's brother : H J Kania, Ex CJI, SC Judge
Ranjan Gogoi
Ex CJI, SC Judge
Father : Kesab Chandra Gogoi, Chief Minister of Assam
Tirath Singh Thakur
Ex CJI, SC Judge
Father : Devi Das Thakur, Governor of Assam
Brother : Dhiraj Singh Thakur, JK High Court Judge
Rajendra Mal Lodha
Ex CJI, SC Judge
Father : S K Mal Lodha, Rajasthan HC Judge
Altamas Kabir
Ex CJI, SC Judge
Father : Jehangir Kabir, Congress politician, Trade Union Leader
Sister : Shukla Kabir Sinha, Calcutta HC Judge
R C Lahoti
Ex CJI, SC Judge
Father : Ratan Lal Lahoti, Advocate, Congress politician
Aziz Mushabber Ahmadi
Ex CJI, SC Judge, AMU Chancellor
Father : Bombay Judge
Ajit Nath Ray
Ex CJI, SC Judge
Son : Ajoy Nath Ray, Chief Justice, Allahabad HC
Bhupinder Nath Kirpal
Ex CJI, SC Judge
Son : Saurabh Kirpal, Delhi HC Judge
🤫🤐🧐🤔🕵️👆
2. Focus on Judicial reforms - Instead of focussing on Judicial reforms, they spend hours on Frivilous cases, Judicial appointment work. So 5 senior SC judges are spending significant time in appointing judges rather than clearing cases and accelerating Judicial reforms :
a. Video hearing must be implemented in All Courts.
During Covid period, some courts allowed video hearings but now they have stopped.
b. Online submission of Court documentation should be mandatory for all juidiciary, there should be No manual files modality.
We focus on Digitization in Government, Corporate world but manual filing is still practised in Courts. Judges should be given trainings to upgrade with current digital transformation practices.
c. Court fee deposit & fee refund modality is excessively delayed and corruption in Stamp Collector authorities.
d. Gate pass system : Litigants need to stand in queue for hours, Online gate pass (eg. DHC) is useless and thus not used.
e. 5 crore cases pending across Indian courts, some going on for 30..40 years also. Cases go on till litigants expire.
f. Courts addressal system and dress code :
In US, advocates use "Your honour" or Justice name to address judges during hearings. Here we still live in British era and use "MiLords", "Your lordship'. Black gown dress code is archaic. Infrastructure of courts needs major overhauling.
g. Listing of cases is prejudiced for 'elite' lawyers where they get one day listing and even in night, whereas public gets after waiting months.
SC court opens at night and allows one day listing for 'elite' lawyers like Singhvi, Sibal, Dave, Chidabaram, Bhushan etc whereas public listings are given after months.
h. Judgements vary across judges due to archaic British laws adopted by India. IPC needs to be rewritten. Kiran Negi case is one classic example. Lower and High court gave death sentence, SC freed accused.
Laws and its procedures should be clear and streamlined so that these can be interpreted in similar manner by all judiciary/public/police.
i. Forensic system : Eg. Ink and Paper dating forensic technique not there. CFSL is not equipped for it to leverage latest techniques available abroad.
j. Multiple Property related matters because there is no clear law on Inheritance Will. Anyone can bring 2 bogus hired witnesses, get a good forger, execute an 'Unregistered Will' and dispute even a 'Registered Will' doc. And then such property cases go on for years altogether.
k. Holidays : No profession except teaching and judiciary allows summer and winter vacations. So we have courts shut for vacations with 5 crore cases piling up.
Consider this, Govt provides Judiciary salaries but vacations, holidays count is decided by judges themselves. Imagine if employees in a Corporate have authority to decide how many holidays they will take 🙄
l. Courts hearing timings are as low as 5.30 hours per day with 30 minutes lunch break.
Compare it with private or even govt employees or even business for that matter who spend at least 8..10 hours in work. Even Indian labour laws prescribe 9 hours day or 48 hours a week.
m. Focus on streamlining laws across communities in secular nation :
- Control over Temples whereas Mosques, Churches etc are free
- WAKF Act only for one community
- Places of Worship Act
- Quotas based upon castes, tribal etc continuing since independance, though they were initially for 10 years. Need to be changed to economic weaker quota model only.
n. Corruption in Judicial system needs to be addressed.
One can check themselves, property, assets, spending etc of Judges staying in their locality and assess.
o. Unnecessary interference into Executive, Govt when their own Judicial system needs a major overhaul with 5 crore pending cases.
They have all the time to hear frivilous matters eg. Jallikattu (religious practise), CEC appointment (Government responsibility), H!j0b (6 girls) in school, Demonitization (6 years old matter in Govt RBI jurisdiction) instead of first reforming the Judicial system.
1. India has very different ecology when compared with other democracies so, we should not be comparing it with others. And if we are doing so then why does 'govt of the day' not compare in terms of Human Development Index, Corruption Perception Index, Gender Gap Index, etc.
2. This attitude of the govt of not forwarding the names recommended by the collegium is the main cause of concern . Because it is this attitude of the govt that creates a trust deficit between Judiciary and Executive.
3. Govt of the day should try to build Trust by accommodating judiciary supremacy in the appointment process.
Stop talking nonsense. First talk about the accountability of the judges and judiciary.
Would you suggest that in the name of accountability, the principle of separation of power be infringed ?
I am not against Judicial Accountability but we should be mindful that the new system is not at the mercy of politics .
@@abhishek_t_b : you think current system is apolitical? Do you think they are unbiased? Do you know how many lakhs cases pending in our courts. Show me another institution in India where they get the privilege without any accountability like our judiciary. Have you heard of their summer vacations? What are they colonial lords? What would happen if doctors in our country go on summer vacation?
@@msdolly6101981 Yes I know, more than 4 crore cases are pending before judiciary and situation is even worse at lower judiciary. But do you really think that the summer vacations will be taken back if the collegium system is revoked or if NJAC comes ?
Let me tell you what may happen.
Judiciary will speak the language of the ruling dispensation. And those who will rule against the government's interest will be punished by withholding their promotions and forcing transfer on them (in the name of "exchange of talent" & "preventing local cliques").
As it was done by Indira Gandhi govt after Keshavnanda Bharti Judgement (appointment of AN Ray as CJI superseeding three judges) and ADM Jabalpur vs Shivkant Shukla Judgement(appointment of MH Beg superseeding justice HR Khanna).
And by the NDA govt when it tried to punish Justice KM Joseph for revoking the President Rule in Uttarakhand.
There are many more such examples when government of the day try to punish Judges for giving judgements which are not favourable to govt of the day.
So we should be mindful of the system that will be created.
The new system should have incorporation of consideration of the Judiciary's interests . It should not end up infringing the Separation of Power and give sole power to the Executives.
@@bv6168why doesn’t govt compare its functioning with other countries? Corruption is rampant.”, RTI being suppressed etc
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IS THERE ANY BETTER SYSTEM TO APPOINT JUDGES MORE THAN THIS COLLIGIUM SYSTEM THE ANSWER IS NO
AND
WHAT IS THE PROCEDURE THE ANSWER IS NOT KNOWN
AND
JUST CRITISIZE THAT SYSTEM IS WRONG
THE MINISTER SAYS 1 PERSON FROM GOVERMENT IS TO BE IN THE COLLIGIUM THAT IS OK
POLITICIAN/MINISTER asking for some power to remove CORRUPTION in judiciary 🤣🤣🤣
You think judges are not corrupt? That they have descended from heaven or have taken birth by immaculate conception? Who is paying their salary? Why TF do they act as mai baaps?
@@desibigfoot3874 ofcourse there will be some corrupt judges. But if the judges have done with a diploma in corruption courses , their college director will be Politicians/Ministers with a double PhD in corruption.
Ohh hero ,,, Judiciary and administrative are biggest corporate than politician... But you don't know 😎
🌚🌚🌚🌚" So Now he is not law minister ... he is Constitutional Expert
He is voice of people...
@@biggbrother955 which people ???
If government started making judges appointment, it would be end of democracy. However, there should be merit system for appointments, which should be independent from political interference.
Selection committee not only has ruling party members but also from opposition party too.
Remove Collegium system... bring transparency in Judicial appointment...
If sc not abolish this prior system atleast they should follow constitution they did never choose jurist which is mentioned in constitution never any judge after any judicial exam promotes to sc atleast a limited numbers of judges should be select this way also sothat public can get confidence.
Advocate/ Counsel... Practised WITH THERE FRIENDS in THE...High court ....& .. Became as a JUDGE IN THAT'S HIGH COURT,....... WHAT WILL HAPPEN.,....????????
Appointment of judges should be independent. We should not allow the politicians to interfere in the process of appointing judges. Since supreme courst started hearing and making comments against chief election commissioner Appointment and DM. Sounds against court system has started.
How do you ensure that there is no political leverage in Collegium ?
The minister should set up Azad Hind people's democratic constitution to overcome lapses and irregularities arising from constitution drafted under Lord Mountbatten viceroy of interim government of Independent India
.
All machinery should not go in hand of govt of India
100 percent ,
There's no justification in judges picking judges.
How can collegium system be allien Mr. Law minister after so many years?
I am quires Mr law minister to your qualifications, your experience as a lawyer and how many cases you have won. That the central government had no choice and you are appointed as a Law Minister. If you don't like collegium system thats your opinion not the nation.
At present Central Government itself is dangerous to Nation and Society.
Jay Hind Jay Bharat Jay Samivadan.
British colonialism system temporarily enshrined in constitution to deal with by Supreme Court should have been😅 revoked by President of India which was authorized in 1950
by Lord Mountbatten viceroy of interim government of Independent India .
Govt collegium system ko Law bana de Parliament me pass karke ...
Lekin Govt chahti h ki judges ko Sarkar khud choose kre ... Jaise usne other Constitution body ko khatm kr diya like Election commission
SATYAM SHIVAM SUNDARAM SATYA HI SHIV HAI SHIV HI SUNDAR HAI.
Super.i must go to Delhi and garland him
In collegium system, new judges here are uniquely nominated by existing judges, and other branches of government have a negligible say as the court follows the collegium system for appointments. It's utter nonsense! The Collegium system was there in Russia until 1717 😇
किरण रिजु सर जय श्री राम जय हिन्द मोदी जी योगी जी जय श्री राम जय हिन्द भारत माता कि जय हर हर महादेव
How great were our leaders like BR Ambedkar that they were crystal clear on the constitution of India that they kept judiciary independent of any influence of centre otherwise today like other public institutions it would have lost it's sheen.
I think the supreme court knows his duties and responsibilities better than the Government..
Legislature knows what's Democracy and people 's rights...
@Radhakrishnan V Yes Indeed, Indian MPs and MLAs are known for their good reputation.
@@surajrawat6802 If my representative doesn't perform I know what to do. So I can't accept nearly 5 crore pending cases awaiting outcome. I must have the right to make alternate arrangements, because in Democracy I am the Boss and Judiciary is under the payroll of you and me...
Collegium system has installed manusmriti statue in Rajasthan high court.
Don't agree with the learned Minister. Must say that the Parliament is not supreme , but the Constitution is. And the Constitution is how judiciary interprets. The tenure of Loksabha is for 5 years and the composition of Rajya Sabha undergoes change every two years. Thus the legislature alone cannot decide the future of current and future generations and have a claim to the title : 'We the People'! The erstwhile NJAC Act has lapsed and declared void. Now if the government wants to change the Collegium system a new legislation will have to enacted which also be subjected to scrutiny by the Apex Court. Don't know if this can be done before 2024. Furthermore, this cannot be an excuse for blocking recommendations of the Collegium. This can lead to acute shortage of judges and enhance the delay. Instead of confrontation consultation is required and the government should stop this unwarranted conflict with the judiciary.
Supreme court and High court were introduced by the British raj .
Its not about backed by the people its about independence of judiciary which is a basic structure of the constitution.
We cant have BJP stamped jugdes inside our courts.