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Retirement Benefits Of Chief Justice Of India: What Will DY Chandrachud Receive As He Retires?

November 12, 2024, 10:01 am

On November 11, 2024, Justice Sanjiv Khanna took the oath as the 51st Chief Justice of India (CJI), succeeding Justice DY Chandrachud, whose term concluded on November 10. The new CJI’s swearing-in marks the beginning of his tenure, which is set to last until May 2025. This transition marks an important shift in the leadership of the country’s judiciary.

Justice DY Chandrachud’s Farewell

Justice DY Chandrachud, in his final address before stepping down, expressed a sense of fulfillment as his tenure as CJI came to an end. He remarked, “I won’t be able to deliver justice from tomorrow, but I am content,” as he bid farewell to the role. Chandrachud also took the opportunity to seek forgiveness for any unintended wrongdoings during his time in office, showcasing a humble end to his impactful career.

Post-Retirement Benefits for CJIs

As part of the revisions to retirement benefits for former Chief Justices of India, a retired CJI is entitled to a series of perks aimed at ensuring their well-being and security after retirement. These include:

24/7 Security: A retired CJI is entitled to round-the-clock security at their residence, along with a personal security guard for five years from the date of retirement.
Accommodation and Benefits: Former CJIs are granted six months of rent-free accommodation in Delhi, usually in Type-VII accommodation, which is also available to former Union ministers and MPs.
Continued Services: A retired CJI will continue to receive domestic help and a chauffeur for life. This service is part of the expanded post-retirement benefits available to them.
Airport Lounges and Other Privileges: Retired CJIs and Supreme Court judges are eligible for ceremonial lounges at airports, enhancing their comfort during travel.
Telephone and Communication Benefits: Former CJIs are entitled to a free residential telephone line, as well as reimbursement for communication services such as mobile phone, broadband, and mobile data up to ₹4,200 per month (plus taxes).

Who is Justice Sanjiv Khanna?

Justice Sanjiv Khanna, who has now assumed office as the 51st Chief Justice of India, has had an illustrious career in the Indian judiciary. Before becoming CJI, he was part of many landmark bench decisions, including the one that upheld the abrogation of Article 370.

Born on May 14, 1960, Justice Khanna began his legal career in 1983 after joining the Delhi Bar Council. Known for his meticulous legal approach, he has earned a reputation for his contributions to the legal landscape of India. As CJI, Justice Khanna will serve a tenure of six months, with his retirement expected in May 2025.

The appointment of Justice Sanjiv Khanna as CJI ushers in a new chapter for the Indian judiciary, following the notable tenure of Justice DY Chandrachud. As the 51st CJI, Justice Khanna’s leadership will play a crucial role in shaping the future of the country’s legal system. Meanwhile, the post-retirement benefits for CJIs continue to highlight the importance placed on the welfare of judicial officers who have served at the highest level.

Justice Sanjiv Khanna Appointed as 51st Chief Justice of India

November 8, 2024, 5:00 pm

Justice Sanjiv Khanna, a distinguished Supreme Court judge, has been recommended by Chief Justice of India (CJI) DY Chandrachud as his successor. He is set to assume office as the 51st Chief Justice of India on November 10, 2024, serving a tenure of six months until May 13, 2025, just a day before his 65th birthday.

Justice Khanna has been part of several significant judgments during his tenure at the Supreme Court. He was a member of the Constitution Bench involved in high-profile cases, including the controversial Electoral Bond Scheme, the revocation of Article 370 in Jammu and Kashmir, and Delhi Chief Minister Arvind Kejriwal’s bail case.

Background and Education

Born on May 14, 1960, to a family of legal luminaries, Justice Sanjiv Khanna is the son of Delhi High Court judge Justice Devraj Khanna and the nephew of former Supreme Court judge Hansraj Khanna. He completed his schooling at Modern School, Barakhamba Road, in Delhi and later pursued his law degree at Delhi University’s Campus Law Center.

Justice Hansraj Khanna, a figure of great repute, delivered the dissenting judgment in the landmark “Habeas Corpus case” (Additional District Magistrate, Jabalpur vs Shivkant Shukla) in 1976, which became a defining moment in Indian constitutional history.

Before he was appointed a Supreme Court judge, Justice Khanna served as a judge at the Delhi High Court, where he was known for his expertise in various fields, including constitutional law, commercial law, and environmental law. His legal career began in 1983 when he enrolled as an advocate with the Delhi Bar Council, later practicing in the District Court and Delhi High Court.

In 2004, he was appointed as Standing Counsel for the Government of National Capital Territory of Delhi. In 2005, he became an Additional Judge at the Delhi High Court and was made a permanent judge the following year.

Supreme Court Tenure and Leadership Roles

Justice Khanna was elevated to the Supreme Court on January 18, 2019. His first day at the apex court was marked by a symbolic moment when he began his work in the same courtroom from where his uncle, Justice Hansraj Khanna, had retired.

During his time at the Supreme Court, he has held prominent positions, including Chairman of the Supreme Court Legal Services Committee and Executive Chairman of the National Legal Services Authority. He is also a member of the Governing Council of the National Judicial Academy, Bhopal.

Justice Sanjiv Khanna’s elevation to the position of Chief Justice of India marks a significant moment in his illustrious legal career. As per seniority rules, he will serve as the CJI for six months, overseeing the top judicial matters of the country until his retirement.

Justice Sanjiv Khanna’s Appointment as the 51st CJI Highlights His Family Legacy

October 30, 2024, 7:39 pm

Justice Sanjiv Khanna, set to take oath as the 51st Chief Justice of India on November 11, 2024, initially faced expectations from his parents to pursue a career as a chartered accountant, as they anticipated challenges in a legal profession. However, inspired by his uncle, Justice HR Khanna, a respected Supreme Court justice known for his stance on judicial independence, Justice Sanjiv Khanna ultimately chose law. Justice HR Khanna, widely regarded for his integrity, especially after his dissenting opinion in the 1976 “habeas corpus case” (ADM Jabalpur vs. Shivkant Shukla), influenced Justice Sanjiv Khanna deeply, shaping his views on upholding judicial independence.

After his 2019 appointment to the Supreme Court, Justice Sanjiv Khanna served on high-profile cases, including a ruling supporting the abrogation of Article 370 and upholding the electoral bond scheme. His legal career reflects a commitment to social justice and transparency, and he has been actively involved in legal reform initiatives as the Executive Chairman of the National Legal Services Authority, advocating for accessible legal services for underprivileged communities.

Justice Sanjiv Khanna’s upcoming tenure as Chief Justice will be brief, lasting until his mandatory retirement on May 13, 2025. As he steps into this role, he brings experience from years of judicial service, including his role as Senior Standing Counsel for the Income Tax Department at the Delhi High Court. He has overseen judgments on topics ranging from election integrity to personal liberties, granting interim bail to public figures and underscoring the “right to life and liberty.” His balanced approach and judicial restraint are expected to guide the Supreme Court through a critical period as it addresses key constitutional and societal issues.

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This new chapter follows a recommendation by Chief Justice DY Chandrachud, who highlighted Justice Khanna’s seniority and judicial contributions. The legal community is keen to see how Justice Khanna, an advocate for progressive judicial principles, will shape India’s judiciary in his short tenure, potentially addressing backlogged cases and promoting judicial transparency.

Chief Justice DY Chandrachud Emphasizes Judiciary’s Commitment Amidst Heavy Workload

October 27, 2024, 1:59 pm

At the inaugural Loksatta Annual Lecture in Mumbai, Chief Justice of India (CJI) DY Chandrachud highlighted the demanding nature of the judiciary’s workload, emphasizing that judges remain fully committed to their work even during vacations. Stressing the challenges, he noted, “Our judges are not gallivanting or goofing up… they are deeply committed to the work they do,”.

Judges Facing Intense Work Pressure

CJI Chandrachud underlined that judges often lack time to read or reflect on the law outside their regular work duties, unlike other professions where individuals typically have time to learn and analyze. He questioned, “Do we give our judges sufficient time to think or read about the law, or do you just want them to be merely a mechanical machine in the disposal of cases?”

With pending cases across lower courts, high courts, and the Supreme Court numbering in crores, he highlighted insufficient judges and infrastructural issues as primary factors contributing to these delays.

Addressing the judiciary’s collegium system, CJI Chandrachud asserted that while there is room for improvement, criticisms should not suggest any fundamental flaws in the system. The collegium, he explained, is a federal structure involving both the judiciary and government, allowing a “process of consultative dialogue” where consensus is reached through mature discussions.

“Every institution is capable of betterment, but the fact that there are areas for improvement should not lead us to conclude something is fundamentally wrong with it,” he said, adding that the judiciary has stood the test of time and plays a critical role in democratic governance.

Impact of Social Media on Judicial Discourse

CJI Chandrachud also addressed the influence of social media on judicial responsibilities, emphasizing the need for judges to exercise caution in their language. Despite the challenges, he praised social media as beneficial for society, enabling broad reach and accessibility to the public.

Chief Justice Chandrachud, who is set to retire on November 10, will be succeeded by Justice Sanjiv Khanna as the next Chief Justice of India.

Chief Justice Takes Significant Step In Marital Rape Case Amid Lawyer’s Legacy Comments

October 23, 2024, 7:47 pm

The bench led by Chief Justice of India DY Chandrachud has decided to halt the hearings on petitions challenging the immunity granted to husbands in marital rape cases. This decision comes as the Chief Justice is set to retire on November 10, and the current bench, which includes Justice JB Pardiwala and Justice Manoj Misra, will not be able to complete the hearings and issue a verdict in time.

The Chief Justice’s bench has adjourned the matter for four weeks, after which a new bench will take over.

During today’s hearing, attorneys representing various parties indicated that they would need time to present their arguments. Senior Advocate Sankarnarayanan mentioned he would require at least one day to complete his submissions. Solicitor General Tushar Mehta and Senior Advocate Rakesh Dwivedi also noted they would need a day each. Other lawyers involved in the case include Maninder Singh, Arvind Datar, and Indira Jaising.

“Then this can be deferred,” stated the Chief Justice. He acknowledged that submissions had been made by Ms. Nundy and noted that Mr. Gopal Sankarnarayanan would need a day, followed by submissions from Senior Advocate Jaising and other counsel. He concluded that it would not be feasible to complete the hearings anytime soon, thus ordering the matter to be relisted.

Senior Advocate Karuna Nundy, representing one of the petitioners, remarked, “Your (Chief Justice) legacy would warrant this case to be heard for the millions of women.” In response, the Solicitor General commented, “Your lordship’s legacy will be remembered and this statement need not be made.” The Chief Justice pointed out that all parties must present their arguments and directed the matter to be scheduled for four weeks later. The hearings began on October 17.

The newly enacted Bharatiya Nyaya Sanhita grants husbands immunity from prosecution for rape if their wives are not minors. The new law states in exception 2 to Section 63 (rape) that “sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.”

The Centre has informed the court that it sees no necessity to criminalize marital rape, asserting that this matter lies outside the court’s jurisdiction. The government argues that the issue of marital rape is more social than legal, with potential direct societal implications.

The Parliament, the Centre contends, has introduced various measures to safeguard the consent of married women. The sexual aspect is described as one of several components of the relationship between husband and wife that underpins their marriage. If the legislature believes that protecting the institution of marriage is essential, the Centre argues that it would be inappropriate for the court to invalidate the exception.

to husbands in marital rape cases. This decision comes as the Chief Justice is set to retire on November 10, and the current bench, which includes Justice JB Pardiwala and Justice Manoj Misra, will not be able to complete the hearings and issue a verdict in time.

The Chief Justice’s bench has adjourned the matter for four weeks, after which a new bench will take over.

No ‘Indian Territory’ Can Be Labeled ‘Pakistan’: CJI Chandrachud Remarks

September 25, 2024, 1:12 pm

In a significant development, the Supreme Court has closed the proceedings against Karnataka High Court Judge Justice Vedavyasachar Srishananda after he issued a public apology for his controversial remarks made during court sessions. Chief Justice of India (CJI) DY Chandrachud, who led a five-judge bench in this matter, emphasized that the decision was made in the interest of justice and to uphold the dignity of the judiciary.

Controversial Comments Spark Outrage

Justice Srishananda garnered widespread criticism for his remarks during a hearing related to a landlord-tenant dispute. He referred to a Muslim-majority area in Bengaluru as “Pakistan” and made a misogynistic comment directed at a woman lawyer. These comments quickly went viral on social media, prompting the Supreme Court to take notice and request a report from the Karnataka High Court, which was submitted shortly after the incident.

Chief Justice Chandrachud condemned the remarks, stating, “No one can call any part of the territory of India as ‘Pakistan.’ It is fundamentally against the territorial integrity of the nation.” He further remarked that the response to courtroom issues should be transparency, asserting, “The answer to sunlight is more sunlight and not to suppress what happens in court.”

Supreme Court’s Guidelines for Judicial Conduct

The Supreme Court had proactively sought to address the situation by reviewing the judge’s comments and their implications. During the proceedings, CJI Chandrachud noted the need to establish clear guidelines for constitutional court judges concerning their remarks. He expressed concern that casual observations might indicate personal biases, particularly when directed at specific genders or communities.

“One must be wary of making patriarchal or misogynistic comments,” CJI Chandrachud cautioned. He underscored that such comments could be construed negatively and stressed the importance of responsible behavior from all judicial stakeholders.

Impact of Social Media on Judicial Proceedings

The Supreme Court bench also highlighted the growing influence of social media in monitoring and amplifying courtroom proceedings. CJI Chandrachud stated that it is crucial for judicial commentary to align with the decorum expected from courts of law, especially given the heightened scrutiny from the public.

The incident involving Justice Srishananda raised important questions about the conduct of judges and the responsibilities that come with their positions. Videos of his controversial remarks, particularly those disparaging a woman lawyer and referring to a locality as “Pakistan,” continue to circulate online, fueling discussions about judicial accountability and decorum.

As the legal community and the public reflect on this case, the Supreme Court’s actions may serve as a precedent for maintaining the integrity of judicial conduct in India.

CJI Chandrachud Issues Stern Warning To Lawyer In RG Kar Case: Watch Video Here

September 17, 2024, 4:18 pm

The Supreme Court saw intense deliberations during its suo motu hearing on the rape and murder of a postgraduate trainee doctor from Kolkata’s RG Kar Medical College on Tuesday. The hearing took a surprising turn when a senior counsel sought a direction for the removal of West Bengal Chief Minister Mamata Banerjee, citing her alleged failure in the case.

Chief Justice of India (CJI) DY Chandrachud firmly rejected the plea, reprimanding the counsel for politicizing the legal matter. “This is not a political forum,” Chandrachud remarked sharply, expressing his displeasure. He clarified that the court’s primary focus was on addressing the grievances of junior doctors protesting over the lack of safety in hospitals.

WATCH THE VIRAL VIDEO:

CJI’s Response to Political Application

As the day’s hearing drew to a close, a senior counsel attempted to file an interlocutory application urging the court to demand the resignation of CM Mamata Banerjee. CJI Chandrachud, intervening immediately, said, “Who are you appearing for? This is not a political platform. We are here to hear the grievances in relation to the case, not to entertain political discussions.” The judge emphasized that such applications lacked relevance in the current proceedings.

Even after being cautioned, the counsel persisted with his submissions, prompting Chandrachud to issue a final warning, saying, “Listen to me first, or I will have you removed from the court.” The court ended its session soon after.

Junior Doctors Deny Political Motives

The West Bengal Junior Doctors Forum, meanwhile, made it clear that they were not demanding the resignation of the chief minister. Their primary concern is the implementation of their five-point demands to ensure safety and better working conditions for hospital staff across the state.

Supreme Court’s Discussion on the Case

During the hearing, the bench reviewed a confidential status report submitted by the Central Bureau of Investigation (CBI). The court noted that public disclosure of the report could compromise the ongoing investigation and instructed the CBI to provide an updated status by September 24.

Additionally, the victim’s father wrote to the court, highlighting certain findings in the investigation. CJI Chandrachud asked the CBI to take these concerns into account as the probe progressed. Senior advocate Indira Jaisingh, representing the junior doctors, mentioned that they would provide the names of individuals present at the crime scene to aid the investigation.

Focus on Junior Doctors’ Concerns

Apart from the investigation, the court also addressed other significant concerns raised by the protesting junior doctors. These included fears of punitive action by the state government and demands for stronger safety measures in hospitals across West Bengal. The court assured that these issues would be looked into during future proceedings.

With tensions still high among the medical community, the Supreme Court is expected to closely monitor developments in both the investigation and the implementation of safety protocols in hospitals.

Laapataa Ladies Premieres At Supreme Court; Kiran Rao & Aamir Khan With DY Chandrachud In New Photos

August 10, 2024, 10:23 pm

Kiran Rao’s directorial film, Laapataa Ladies, which addresses gender equality, was showcased at the Supreme Court of India on August 9. On Instagram, Kiran posted several photos from the event, which featured her alongside Aamir Khan, Chief Justice DY Chandrachud, and Ms. Kalpana Das.

In her Instagram post, Kiran shared images from the screening day, including a moment where she spoke to the audience with Aamir Khan beside her. The post also includes a photo of Kiran and Aamir with CJI DY Chandrachud and Ms. Kalpana Das.

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A post shared by Kiran Rao (@raodyness)

In her caption, Kiran Rao expressed her excitement about the screening of *Laapataa Ladies* at the Supreme Court, writing: “We had the unbelievable honour of screening our film Laapataa Ladies at the Supreme Court yesterday. As is visible in these pictures, I am over the moon! Deeply grateful to our absolutely brilliant CJI DY Chandrachud, his wonderful partner Ms Kalpana Das, and the whole team of the CJI. It is an experience I will personally always hold dear, and on behalf of my entire cast and crew, I am so thankful for this honour.”

In response to the post, actress Pratibha Ranta, who played Pushpa in the film, commented: “Omggg (heart eyes emoticons),” while Nitanshi Goel, who portrayed Phool, reacted with flower emoticons.

*Laapataa Ladies* features new talents Pratibha Ratna, Sparsh Shrivastav, and Nitanshi Goel. Set in the fictional state of Nirmal Pradesh in 2001, the film tells the story of two brides who are swapped on a train; one ends up with the wrong groom while the other is abandoned at a railway station. A police officer, Kishan (played by Ravi Kishan), takes on the investigation. Based on an award-winning story by Biplab Goswami, the film is produced by Aamir Khan, Kiran Rao, and Jyoti Deshpande, under the banners of Aamir Khan Productions, Kindling Pictures, and Jio Studios.

Did Aamir Khan hint at Retirement?

August 9, 2024, 11:51 pm

Superstar Aamir Khan and his ex-wife, filmmaker Kiran Rao, recently had a meaningful discussion with Chief Justice of India DY Chandrachud following a special screening of their acclaimed film Laapataa Ladies at the Supreme Court. Held on Friday, this screening was part of a gender sensitisation initiative and was attended by several Supreme Court judges.

Aamir shared that his motivation to produce Laapataa Ladies was driven by both “fear and desire.” Reflecting on his career, he noted, “During COVID, at 56, I realized I’m in the final phase of my career. I might have around 15 years left of active work, and I wanted to give back. The industry, society, and country have given me so much. I thought I could produce one film a year, but as a producer, I could support multiple stories I care about.”

Known for his focus on socially relevant cinema, Aamir expressed his dedication to fostering new talent in filmmaking. “By producing, I can create opportunities for new writers, directors, and other creatives. Laapataa Ladies is the first step in this direction. I aim to produce four to five films a year to showcase more such innovative work,” he explained.

Chief Justice Chandrachud also asked about the film’s inspiration. Kiran Rao revealed that it all started with an original script by Biplab Goswami, which Aamir discovered during a Screen Writers Association competition in 2020. They decided to acquire the rights and add more humor to the script. “The journey was long and uncertain due to industry changes,” Kiran noted.

Despite suggestions to release the film directly on OTT platforms, they opted for a theatrical release. “The film has been well-received by audiences, and I’m pleased we brought it to cinemas,” Kiran said.

Laapataa Ladies is about two newlywed brides who are accidentally switched during a train journey to their husbands’ homes. The film had a modest box office performance but achieved even greater success on Netflix, breaking several viewership records.

Supreme Court Refuses Open Court Review Of Same Sex Marriage Ruling

July 9, 2024, 4:17 pm

On Tuesday, the Supreme Court of India declined a request for an open court hearing on a review petition challenging its previous judgment that refused to legally recognize same-sex and queer marriages. The decision was made by a bench led by Chief Justice DY Chandrachud, who clarified that constitution bench reviews are conducted in chambers rather than in open court.

The review petition, highlighted by senior Advocate NK Kaul, sought an open hearing to challenge the October 17, 2023 judgment. This judgment had denied legal recognition of same-sex and queer marriages under various acts, including the Special Marriage Act (SMA) of 1954 and the Foreign Marriage Act (FMA) of 1969.

The Supreme Court will review the petition on July 10, with a five-judge bench comprising Chief Justice Chandrachud, and Justices Sanjiv Khanna, Hima Kohli, BV Nagarathna, and PS Narasimha. Justices SK Kaul and S Ravindra Bhat, who participated in the original judgment, have since retired and will be replaced by Justices Khanna and Nagarathna.

SC says ‘no’ to open court hearing on review plea challenging same-sex marriage judgement

Read @ANI Story | https://t.co/i0fMVzfOhU #SupremeCourt #samesexmarriage pic.twitter.com/7HM068LxUE

— ANI Digital (@ani_digital) July 9, 2024

Multiple review petitions have been filed against the Supreme Court’s October 17 judgment, which declined marriage equality rights to queer couples. One notable petition, filed through advocates Karuna Nundy and Ruchira Goel, argues that the majority judgment contains significant legal errors and constitutes a grave miscarriage of justice.

The majority judgment, delivered by Justices SR Bhat, Hima Kohli, and PS Narasimha, stated that there is no fundamental right to marry. It acknowledged the right of transgender persons to heterosexual marriage under existing laws but held that legal recognition of same-sex unions requires legislative action, not judicial intervention. Additionally, the judgment denied adoption rights to queer couples, upholding Regulation 5(3) of the CARA Regulations.

The petitioners argue that the majority judgment misinterprets their request, which seeks to extend existing marriage laws to same-sex couples rather than create a new institution. They also contend that the judgment fails to protect children adopted by unmarried couples, contrary to established legal principles.

The petition highlights the significant consequences of the majority judgment on the lives and relationships of queer couples, including their children, who remain without legal protection. It calls for urgent scrutiny and reconsideration by the Supreme Court to rectify what it describes as a sweeping miscarriage of justice.

The petitioners seek to have the earlier order set aside and advocate for the application of Sections 15-18 of the Special Marriage Act to include non-heterosexual marriages. This approach, they argue, would recognize the constitutional rights of queer couples without requiring new legislative measures.

The outcome of the Supreme Court’s review on July 10 will be crucial in determining the future of marriage equality in India.

Supreme Court: 9 Judge bench begins hearing on Article 39(b)

April 24, 2024, 3:00 pm

A nine-judge constitution bench appointed by the Supreme Court began hearing arguments today to decide whether privately held assets qualify as “material resources of the community” for the purposes of Article 39(b) of the Constitution. A group of petitions that were first filed in 1992 and were now being reviewed after more than 20 years were discussed by the bench, which was presided over by Chief Justice DY Chandrachud and comprised of Justices Hrishikesh Roy, B.V. Nagarathna, Sudhanshu Dhulia, J.B. Pardiwala, Manoj Misra, Rajesh Bindal, Satish Chandra Sharma, and Augustine George Masih.

The interpretation of Article 39(b), a Directive Principle of State Policy intended to guarantee the fair allocation of material resources for the common welfare, is the main topic of controversy. The petitions examine the constitutionality of Chapter-VIIIA, a modification pertaining to property acquisition that was made to the Maharashtra Housing and Area Development Act (MHADA) of 1976.

These petitions’ long judicial history—they have been heard by several benches since 1992—highlights how difficult it is to interpret Article 39(b). Significantly, there has been discussion about Justice Krishna Iyer’s view, which holds that all resources, including those that are privately owned, are considered “material resources of the community.” But Justice Untwalia’s position contested it, and a seven-judge bench later reexamined it in 2002, giving rise to the current nine-judge bench hearing.

The importance of Article 31C was emphasised during the hearing, especially in relation to how it interacts with Article 39(b). Although laws intended to implement the Directive Principles were initially exempt from judicial scrutiny under Article 31C, this interpretation was reexamined in the significant Kesavananda Bharati case. The court did, however, uphold the original constitutionality of Article 31C, acknowledging its function in defending legislation intended to achieve the objectives of Article 39(b) and (c).

The bench examined the main features of Article 39(b), focusing on the definition of “ownership and control” in a broader sense and how that affects the distribution of resources. There was intense discussion and presentation of differing viewpoints about the question of whether resources that are privately owned should be classified as “material resources.”

The State of Karnataka Ranganatha Reddy & Anr. minority ruling by Justice Krishna Iyer drew criticism for its broad definition of “material resources” and its support for extensive redistribution. Concerns were expressed concerning the viability and practicality of this strategy, calling for a fair assessment of property rights in addition to redistribution goals.

Aware of the historical relevance and legal nuances at play, the bench struggles to balance conflicting readings and prior decisions as the hearing goes on.

Supreme Court’s historic ruling; ‘MPs and MLAs are not exempt from bribery charges’

March 4, 2024, 1:05 pm

In a groundbreaking ruling, Chief Justice of India DY Chandrachud and the Supreme Court have determined that lawmakers in parliament and state legislatures cannot claim immunity from prosecution in bribery cases. This decision overturns a 1998 judgment that had granted immunity to lawmakers who accepted bribes for speeches or votes within the House.

The court clarified that parliamentary privileges do not protect bribery, and the interpretation of the 1998 verdict is at odds with Articles 105 and 194 of the Constitution. These articles provide legal immunity to elected representatives to enable them to carry out their duties without the fear of prosecution.

“We disagree with the judgment in PV Narasimha (case). The judgment in PV Narasimha, which grants immunity to legislators for alleged bribery for casting a vote or speech, has wide ramifications and is overruled,” affirmed the Chief Justice of India.

The PV Narasimha Rao case stemmed from a no-confidence motion against his government in July 1993. Despite the survival of the minority government, subsequent revelations exposed allegations that Jharkhand Mukti Morcha legislators had accepted bribes to support the PV Narasimha Rao government. In 1998, the Supreme Court had concluded that lawmakers’ immunity extended to their votes and speeches within the House.

The recent ruling underscored that a claim for immunity in such situations does not meet the necessary conditions for discharging legislative functions. The court highlighted that corruption and bribery by legislators pose a threat to the functioning of Indian parliamentary democracy.

The bench also noted that a legislator accepting a bribe to vote in Rajya Sabha elections is liable under the Prevention of Corruption Act. The Chief Justice pointed out the paradox resulting from the PV Narasimha judgment, where a legislator who accepts a bribe and votes accordingly is protected, while one who votes independently despite taking a bribe is subject to prosecution.

SC to hear Thackeray group’s petition challenging Speaker’s decision on March 7

March 1, 2024, 1:53 pm

The Supreme Court has agreed to hear a petition filed by the Uddhav Thackeray faction of Shiv Sena challenging the order of Maharashtra Speaker Rahul Narwekar, who dismissed disqualification pleas against Chief Minister Eknath Shinde faction MLAs.

The bench, consisting of Chief Justice of India DY Chandrachud, Justices JB Pardiwala, and Manoj Misra, has scheduled the matter for a hearing on March 7.

The Thackeray faction’s plea, challenging the Speaker’s decision and recognition of the Shinde faction as the ‘real Shiv Sena,’ was filed in response to the split in June 2022.

The Speaker’s decision not to disqualify Shinde and his group triggered the legal battle, with the Thackeray faction claiming it was based on “extraneous and irrelevant” considerations.

Previously, the Supreme Court urged the Speaker to promptly resolve the pending disqualification petitions. The Shiv Sena party whip, Sunil Prabhu, appointed by Uddhav Thackeray, filed disqualification petitions against rebel MLAs on June 23, 2022, following their revolt against Thackeray.

In May of the previous year, a five-judge constitutional bench determined that it could not disqualify the Eknath Shinde-led Maharashtra government and reinstate Uddhav Thackeray as Chief Minister, as Thackeray had chosen to resign rather than face a test of strength in the Assembly.

In August 2022, the top court’s three-judge bench referred the issues related to the Shiv Sena’s petition in the Maharashtra political crisis to a five-judge Constitution bench.

On June 29, 2022, the Supreme Court permitted the floor test in the Maharashtra Assembly on June 30, rejecting the stay on the Governor’s directive to Uddhav Thackeray to prove his majority.

Following the court’s order, Uddhav Thackeray resigned as Chief Minister, and Eknath Shinde was subsequently sworn in.

Jurist Fali S. Nariman passes away; PM Modi, President Murmu and others pay tribute

February 21, 2024, 1:22 pm

Fali S Nariman, born on January 10, 1929, in Myanmar, started his law practice at the Bombay High Court in 1950. Known for his significant contributions to landmark cases and his role in the National Judicial Appointments Commission verdict, Nariman received the Padma Bhushan in 1991 and the Padma Vibhushan in 2007. He passed away at the age of 95 in New Delhi, leaving a lasting legacy in the field of law.

Prime Minister Narendra Modi expressed his condolences on the passing of eminent jurist and senior advocate Fali S Nariman. In a post on X, PM Modi hailed Fali Nariman as one of the most outstanding legal minds and intellectuals who dedicated his life to making justice accessible to common citizens. He conveyed his pain at Nariman’s passing and extended his thoughts to Nariman’s family, wishing for his soul to rest in peace.

President Droupadi Murmu expressed her condolences on the passing of eminent jurist and Senior Advocate Fali S Nariman. In a post on X, President Murmu conveyed her sadness at the news, describing Fali Nariman as a titan among legal luminaries. Recognizing him as one of the wisest experts on the Constitution and a globally respected jurist, President Murmu highlighted Nariman’s dedicated service to the nation, including his role as a member of the Rajya Sabha. Fali S Nariman passed away at the age of 95 in the national capital, leaving behind a legacy in the legal field.

The Chief Justice of India DY Chandrachud led bench also mourned the death of Fali Nariman, describing him as a great giant of law. Attorney General for India R Venkataramani expressed difficulty in accepting the news, while Solicitor General Tushar Mehta called it a loss not just to the legal fraternity but to the nation. Mehta shared cherished memories of his interactions with Nariman and praised the late jurist’s immense contribution to jurisprudence.

Union Finance Minister Nirmala Sitharaman described Fali Nariman as wise, witty, and a walking institution, expressing sadness at his demise. Tamil Nadu Chief Minister MK Stalin and Congress leader Rahul Gandhi also paid their respects, highlighting Nariman’s contributions to jurisprudence and constitutional law.

Senior advocates Abhishek Manu Singhvi and Kapil Sibal acknowledged Fali Nariman’s passing as the end of an era, with Sibal expressing that the corridors of the court will never be the same without him.

Gyanvapi-Kashi Vishwanath Temple: ASI survey report to be made public

January 24, 2024, 5:16 pm

The Archaeological Survey of India (ASI) report was requested to be made public today and sent in hard copy to both sides by the Varanasi district court on Wednesday.

Advocate Vishnu Shankar Jain, representing the Hindu side, said, “Today, the court heard both sides and a consensus was reached that the hard copy of the ASI’s report will be provided to both sides…The ASI objected to providing the report via email. So, both sides agreed to get the hard copy of the report.”

“The court listened to both sides today. After hearing both sides, an agreement was reached that a certified copy of ASI’s report be made available to both sides. As soon as the court passes the order, our legal team will apply for the certified copy…”

On January 16, the Supreme Court granted an application filed by Hindu women petitioners who wanted instructions to maintain hygienic conditions and clean the entire “wazukhana” of the Gyanvapi mosque, the location of the purported “Shivling.” The district administration of Varanasi will oversee the cleaning of the “wazukhana” area, according to a bench consisting of Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra. This is in accordance with earlier orders from the highest court.

SC Grants Extension of Interim Bail to AAP Leader Satyendar Jain in Money Laundering Case

January 8, 2024, 4:42 pm

The Supreme Court has extended the interim bail granted to AAP leader Satyendar Jain until further orders in connection with a money laundering case. The decision was made by a bench comprising Justice Bela M. Trivedi and Justice Satish Chandra Sharma, following arguments presented by Senior Advocate Abhishek Manu Singhvi, representing Jain.

Singhvi highlighted that Jain has fully cooperated with the investigation, and there is no evidence of a predicate offence against the former minister. He emphasized that, according to the law, a shareholder or director cannot be attributed to the assets of a company, questioning how money could be linked to Jain when it resides within the company.

Additional Solicitor General SV Raju represented the probe agency during the hearing.

The proceedings witnessed several twists and turns as Chief Justice of India DY Chandrachud explained the bench composition change due to a matter related to bail extension. CJI also mentioned receiving communication from Justice AS Bopanna, indicating his inability to hear the matter due to medical reasons.

Satyendar Jain’s bail plea had initially been partly heard by a bench of Justices AS Bopanna and Bela M. Trivedi. However, the matter was subsequently listed before a bench comprising Justice Trivedi and Justice Satish Chandra Sharma.

Jain, who underwent surgery on July 21, has been receiving interim bail on medical grounds, periodically extended. On May 26, the Supreme Court granted him interim bail for six weeks in the money laundering case, imposing conditions such as refraining from interacting with the media and not leaving Delhi without permission. The court had also granted him the right to choose any hospital for medical treatment.

Satyendar Jain had moved the Supreme Court challenging the Delhi High Court’s dismissal of his bail plea in the money laundering case. The Delhi High Court, on April 6, had rejected Jain’s bail plea, stating concerns about his influence and potential to tamper with evidence. Jain’s bail plea had been dismissed by the trial court on November 17, 2022.

The Enforcement Directorate’s case against Jain is based on a CBI complaint alleging that he acquired movable properties from 2015 to 2017, which he couldn’t satisfactorily account for. Jain was arrested on May 30, 2022, and is presently in judicial custody.

On October 31, the Supreme Court will hear petitions challenging the Electoral Bonds Scheme

October 10, 2023, 1:31 pm

The Supreme Court on Tuesday scheduled a hearing on a slew of petitions challenging the federal government’s Electoral Bond Scheme, which provides funding to political parties, for October 31.
A bench comprising Chief Justice of India DY Chandrachud, Justices JB Paridwala and Manoj Misra, has stated that the case will be heard on October 31 and, if not concluded on that date, will be continued on November 1.

“Petitioner’s counsel and Attorney General have made preliminary submissions. Compilations have been filed. If further submissions are to be made, it is to be filed by October 27. Soft copies are to be compiled by nodal counsel. Matter to be listed for final hearing on October 31 and should there be a spill over it shall continue till November 1,” the bench said in its order.

Because the seven-judge bench has yet to rule on the money bill issue, the petitioners informed the Supreme Court that they will not fight on the Electoral Bond Scheme being passed as a money bill for the time being.
An Electoral Bond is a promissory note or bearer bond that can be purchased by any individual, company, firm, or association of persons who are citizens of India or are incorporated or founded in India. The bonds are produced particularly to contribute funds to political parties.

Advocate Prashant Bhushan, appearing for petitioner NGO Association for Democratic Reforms, told the bench that “the anonymous nature of the funding” also promoted corruption as it allowed companies, who had received certain benefits from the government of certain parties, to anonymously donate to those political parties.

CJI : SC’s real-time data now available on National Judicial Data Grid

September 14, 2023, 3:36 pm

The Supreme Court of India has joined the National Judicial Data Grid (NJDG), which will now provide real-time data regarding the status of cases, according to an announcement made by Chief Justice of India DY Chandrachud on Thursday. The platform will make it easier to track the status of cases, according to the CJI, who claimed that the move was made to promote accountability and transparency.

“It is a historic day. It is a unique platform that is developed by the NIC and in house team of the Supreme Court. Now, at the click of a button you can see real-time information on the pendency of cases, year-wise, total pendency of registered and unregistered cases, and number of cases decided quorum-wise,” he said.

The Supreme Court’s data has been added to the NJDG portal as part of the court’s “open data policy,” according to the CJI, as a step “to bring transparency and accountability in the judicial domain.” On the NJDG portal, the entire database will be routinely updated, he said. “The NJDG portal is a national repository of information pertaining to cases started, continued, and resolved by the courts across the length and breadth of the nation. One can now access case-related data, statistics, such as the institution, pendency, and disposition of cases, case types, and the Supreme Court of India’s year-by-year breakdown, at the click of a button, the CJI explained.

Cauvery water dispute: SC agrees to form a bench for hearing Tamil Nadu govt’s plea

August 21, 2023, 2:13 pm

The Cauvery River water-sharing dispute, in which Tamil Nadu is asking Karnataka to release 24,000 cusecs of water per day for standing crops, was accepted by the Supreme Court on Monday.

A bench headed by Chief Justice of India DY Chandrachud said it will constitute a bench to hear the case today itself after senior advocate Mukul Rohatgi, appearing for Tamil Nadu, sought an urgent hearing of the case.
Rohatgi sought an urgent hearing of the case saying the government of Tamil Nadu has filed an application in the Cauvery River water-sharing dispute case.

“This is an urgent plea for the release of Cauvery water for August as per the Cauvery Water Management Authority order. The court has to constitute a bench,” he said while urging to list it at the earliest also for hearing.
To this, the bench said, “Today itself I will constitute a Bench.”

Karnataka and Tamil Nadu have been engaged in a conflict over the sharing of water from the Cauvery River, which is a significant source of irrigation and drinking water for millions of people in the area, for decades. On June 2, 1990, the Centre established the Cauvery Water Disputes Tribunal (CWDT) to resolve disagreements regarding the water-sharing capacities between Tamil Nadu, Kerala, Karnataka, and Puducherry.

The government of Tamil Nadu has approached the apex court seeking fresh directions on the release of water.
Tamil Nadu in its fresh application sought direction to the State of Karnataka to immediately release 24,000 cubic feet per second (cusecs) from its reservoirs and ensure the availability of the specified quantity of water at Biligundlu on the inter-State border for the remainder of the month for meeting the pressing demands of the standing crops.

SC: CJI unwell, won’t take up matters scheduled for today

July 28, 2023, 12:10 pm

The Chief Justice of India (CJI), DY Chandrachud, will not take up scheduled matters in court on Friday because he is ill, the Supreme Court announced in an official notice on Friday morning.

“Hon’ble the Chief Justice of India will not be holding Court on 28.07.2023 (Friday). Hence, the sitting of the Bench comprising the Chief Justice and Manoj Misra in Court No.1 stands cancelled. The matters listed before this Bench will not be taken up for hearing and the same stand adjourned,” read an official statement. It added further that Justice Manoj Misra will handle chamber matters alongside a single-judge bench.

Pawan Khera case: SC clubs FIRs, transfers matter to Hazratganj police station

March 20, 2023, 6:52 pm

On Monday, the Apex Court clubbed the FIRs against Pawan Khera and directed that those FIRs registered in Varanasi and Assam shall be transferred to Hazratganj police station, Lucknow.

In addition, Supreme Court also extended the interim protection from arrest till 10 April. According to a bench led by Chief Justice of India, DY Chandrachud, FIRs registered in Varanasi and Assam will be transferred to Hazratganj police station in Lucknow, Uttar Pradesh.

Furthermore, the court also stated that Pawan Khera is free to apply for regular bail in a jurisdictional court. Meanwhile, Solicitor General Tushar Mehta informed the court that after apologising in court earlier, Khera stated in his rejoinder that it was made in a fair speech.

In a statement Mehta said that Pawan is yet to apologize for his remarks as he claimed that it is his only counsel who has apologized. However, the court noted that Khera is granted interim protection because he apologized.

SG Mehta told the court that the statement was false and that the investigation is looking into who made it. He also questioned how someone could stoop to the level of bringing someone’s parents.

Previously, the Assam and Uttar Pradesh police had filed an affidavit opposing Pawan Khera’s request for the clubbing of FIRs.

Five new judges appointed to Supreme Court, CJI administers oath of office

February 6, 2023, 1:43 pm

On Saturday, President Draupadi Murmu signed on warrants to appoint five new judges in Supreme Court.

The fnew judges appointed to Supreme Court took an oath on Monday. Chief Justice of India, DY Chandrachud administered oath of office to the five new judges as the Supreme Court judge.

The five newly appointed judges are: Rajasthan High Court, Chief Justice Pankaj Mithal, Patna HC Chief Justice Sanjay Karol, Manipur HC Chief Justice PV Sanjay Kumar, Patna HC judge, Justice Ahsanuddin Amanullah and Allahabad HC judge, Justice Manoj Misra.

On December 13 last year, the Supreme Court Collegium recommended these names for the elevation.

An apex court bench led by Justice Sanjay Kishan Kaul warned the centre saying that things would get “uncomfortable” if the delay in judicial appointments and transfers continues.

Justice Kaul told Centre, “If you keep them pending… you will make us take some very, very difficult decisions.”

By the appointment of five new judges, the strength of Supreme Court went up from 27 to 32, leaving only two more vacancies. Supreme Court has a sanctioned strength of total 34 judges.

For filling up the remaining two vacancies, on January 31, the Supreme Court Collegium recommended two more names for elevation to the apex court. The two names are Allahabad High Court’s Justice Rajesh Bindal and Gujarat High Court Chief Justice Aravind Kumar.

This is the second time when these many judges are appointed in a single batch, after appointment of 9 Supreme Court judges on August 26, 2021.

SC grants interim protection to filmmaker Leena Manimekalai

January 20, 2023, 2:22 pm

Leena Manimekalai, on Friday, was granted interim protection from any coercive steps, by the Supreme Court, in multiple FIRs lodged against her over the poster of her documentary film showing goddess ‘Kali’ smoking a cigarette.

A bench of Chief Justice of India DY Chandrachud and Justice PS Narasimha issued notice to the States and directed that no coercive steps shall be taken against the filmmaker either on the basis of the FIRs which had already been lodged or on the basis of FIRs which may be lodged, concerning the ‘Kali’ poster row. Taking into account that the lodging of FIRs in multiple states may cause serious prejudice to the filmmaker and issued notice to the states on a plea for consolidation of all FIRs in one place.

Manimekalai had approached the top court seeking protection and quashing of the multiple FIRs registered against her in various States. The plea also sought clubbing of all the FIRs registered against her in Delhi, Uttar Pradesh, Madhya Pradesh, and Uttarakhand over the poster.

Manimekalai had previously said her attempt as a creative filmmaker was not to offend the religious sentiment of anyone but to depict the image of a radically inclusive goddess.
She said she also received open calls for violence against her, her crew, and her family; after she tweeted a poster of her film, Kaali.

CJI announces launch of updated ‘Supreme Court Mobile App 2.0’

December 7, 2022, 12:17 pm

Chief Justice of India DY Chandrachud stated on Wednesday that the Supreme Court Mobile App 2.0, which has new capabilities, is ready and would let all legal professionals and government agencies track their cases.

According to the CJI, government departments can now view their pending cases with the latest edition of the app. He added that the App 2.0 will be accessible to Google Play Store users in an hour and iOS users in a week.

“This time we have given an additional feature, all law enforcement officers can have real-time access to their access. All government departments can check the pendency of their cases. Please use it,” said the CJI.

According to the updated app’s summary, nodal officers of the central ministry department can view any miscellaneous documents filed, including judgments, status orders, and cases filed in the Supreme Court.

In order to allow journalists to cover Supreme Court proceedings without having to physically visit the courthouse during the pandemic, the court launched a mobile application in 2021.

On Constitution day, CJI DY Chandrachud recalls Nehru’s speech ‘Tryst with Destiny’

November 26, 2022, 11:50 am

Chief Justice of India DY Chandrachud spoke on Saturday on the occasion of Constitution Day while quoting Jawaharlal Nehru.

“The past clings on to us still in some measure and we have to do much before we redeem the pledges we have so often taken,” said the Chief Justice, quoting India’s first prime minister as he recalled his “Tryst with Destiny” speech delivered on the night of the country’s Independence.

At the Supreme Court, where a special event was taking place, Chief Justice Chandrachud made the remarks in front of Prime Minister Narendra Modi and Union Law Minister Kiren Rijiju, among others.

“Marginalised community were first to lay the foundation of the Constitution,” the Chief Justice said during the event, referring to their struggle as he spoke about the pre-Independence era and post-independence times. The Chief Justice also recalled Martin Luther King, Jr’s quote that “the arc of the moral universe is long, but it bends toward justice”.

“The representation of marginalised communities and women must be enhanced in the legal profession,” Chief Justice Chandrachud stressed while he also urged high courts “not to diamantle virtual courts facilities but rather strengthen this model”. “Courts need to remodel themselves to reach out to people instead of people reaching out,” he underlined and also stressed on the “need for the judges to introspect and shed all prejudices against varied life experiences to be able to uphold equality, liberty and fraternity”.

On November 26 each year, Constitution Day, often referred to as “Samvidhan Divas,” is observed to remember when the Constitution was ratified.

“Constitution in the bedrock on which Indian democracy stands,” Union Law Minister Kiren Rijiju said at the event. “The founding fathers placed immense responsibility on future generations,” he further added, invoking Dr BR Ambedkar, hailed as the “Father of India’s Constitution”.

“In a country as large as ours, the delivery of justice remains a challenge. From courts to citizens, quick access to justice should be the focus,” the minister further asserted as he also insisted on use of local languages in courts. He said that the Bar Council of India has set up a committee under the chairmanship of former Chief Justice of India SA Bobde to examine the feasibility of having a “common court vocabulary” and push regional languages in courts.

SC’s online RTI portal starts function today: DY Chandrachud

November 24, 2022, 11:56 am

Chief Justice DY Chandrachud said on Thursday morning that the Supreme Court’s online Right To Information (RTI) portal will be fully functioning starting today.

People should find it easier to get information about the court thanks to the portal. RTI requests directed at the Supreme Court must now be addressed via mail.

The chief justice also serves as the head of the e-committee, an organisation that promotes the use of Information and Communication Technology (ICT) in India’s judicial system. Facilitating stakeholders’ access to information is one of the committee’s main goals.

Earlier this month the court said that since the portal is ‘practically ready for being launched’, it was disposing a petition filed by two law students seeking a mechanism to file Right To Information applications about the court online.

The PIL said the committee had provided a mechanism for filing petitions online but did not provide the same when it came to filing of RTI applications.

The office of the Chief Justice of India will be under the purview of the law, the court stated in 2019, adding that it is “undebatable” that it is a public authority under the RTI Act.

“The Supreme Court of India, which is a ‘public authority’, would necessarily include the office of the Chief Justice of India and the judges, in view of Article 124 of the Constitution.”

“The office of the Chief Justice or, for that matter the judges, is not separate from the court, and is part and parcel of the Supreme Court as a body, authority and institution,” it had held.

Chhattisgarh’s Nagrik Apurti Nigam case will be heard by CJI’s bench

November 21, 2022, 3:43 pm

The Chhattisgarh Nagrik Apurti Nigam (NAN) irregularities case will be heard by the Supreme Court bench presided over by Chief Justice of India DY Chandrachud.

This morning, an attorney brought up the subject before the bench led by Chief Justice of India DY Chandrachud, who stated that his bench will now hear the case. The petition had previously been heard by a bench led by his predecessor, former CJI UU Lalit, and two other judges, CJI DY Chandrachud said.

The attorney informed the court that the case had been heard by other judges before being listed before another judge.

The penultimate ruling in the case stated that list the case before Justice MR Shah, and the court noticed that there were roughly 400 items when the registrar gave him a chart on the roster.

The matter will now be discussed with two other judges, according to CJI DY Chandrachud.

The Enforcement Directorate’s request to have the case removed from Chhattisgarh is currently being heard by the Supreme Court. In connection with the civil supply scam, the Enforcement Directorate had filed a money laundering case against IAS officers, including Anil Tuteja.

Chief Justice UU Lalit recommends Justice Chandrachud as next CJI

October 11, 2022, 11:14 am

The name of Justice DY Chandrachud has been given by the Chief Justice of India, Uday Umesh Lalit, as his successor. On Tuesday morning, he will present Justice Chandrachud with the letter appointing him as the next Chief Justice of India.

According to sources with knowledge of the matter, the letter will be delivered to Justice Chandrachud in the presence of the other judges of the Supreme Court.

Later on in the day, Justice Lalit will reply in writing to the Union Law Ministry regarding the matter. The central government had requested this week that he designate his successor before he departs on November 8. When he succeeded Justice NV Ramana, he took charge in August.

As per protocol, the law ministry sends a letter to the CJI asking for the name of the replacement about a month before the CJI is scheduled to retire.

Usually, the response is delivered 28 to 30 days prior to the retirement date. As a matter of tradition, the CJI’s successor is chosen from among those who follow him in seniority.

The retirement date for Justice DY Chandrachud is November 10, 2024.

CJI UU Lalit registered as an advocate in June 1983 and was named a senior advocate by the supreme court in April 2004. He has served two terms on the Legal Services Committee of the Supreme Court of India. In 2014, he was chosen to serve as a judge on the top court.

Formerly, Justice D Y Chandrachud held the position of Additional Solicitor General of India in 1998. In 2013, he took the oath of office as Chief Justice of the Allahabad High Court. Additionally, he has ties to the Bombay High Court. In 2016, he was appointed as a judge on the supreme court.