AS the Supreme Court Bar prepares itself to welcome Justice NV Ramana as the 48th chief justice of India (CJI), we need to introspect and re-affirm the role and functions of the paterfamilias of the legal fraternity in India.
The CJI would be better known as the 5th Citizen of India, and the fountainhead of justice dispensation and administration for the country. An essential feature of democracy is the separation of powers between the three principal organs of the state--the Legislature, Executive and the Judiciary--as propounded by John Locke, the famous English, social contract theorist. Hence, the Judiciary is a separate and independent organ of the State. The CJI, as the head of the Indian Judiciary, gets his power from Article 124 of the Constitution, and as such, presides over the Supreme Court of India, which has a sanctioned strength of 34 judges. The role of the Judiciary, as supervised by the CJI, is to be a final arbiter of disputes among its citizenry, corporate, statutory and private bodies, and/or against the State and between states.
One of the most important functions of the CJI is that he presides over the Collegium comprising of four other senior-most judges of the Supreme Court who are vested with the power and duty to select judges for appointment to the higher judiciary. Therefore, every single judge who gets appointed during the tenure of the CJI would be credited as having been reviewed under the watch and selection process presided by him. As explained by well-known jurists, the CJI performs his duties within the framework of the Constitution and as such, acts under its provisions.
Diese Geschichte stammt aus der April 12, 2021-Ausgabe von India Legal.
Starten Sie Ihre 7-tägige kostenlose Testversion von Magzter GOLD, um auf Tausende kuratierte Premium-Storys sowie über 8.000 Zeitschriften und Zeitungen zuzugreifen.
Bereits Abonnent ? Anmelden
Diese Geschichte stammt aus der April 12, 2021-Ausgabe von India Legal.
Starten Sie Ihre 7-tägige kostenlose Testversion von Magzter GOLD, um auf Tausende kuratierte Premium-Storys sowie über 8.000 Zeitschriften und Zeitungen zuzugreifen.
Bereits Abonnent? Anmelden
PIL, Difficult To Swallow?
In a recent ruling, the Bombay High Court lamented the increasing number of frivolous public interest litigations being filed in courts and echoed the sentiments of the Supreme Court that such litigations are the bane of the judicial system. Is there any way to restrict their misuse?
Till Infertility Do Us Part...
The Calcutta High Court slammed a husband for initiating divorce proceedings due to his wife's infertility and asked him to be a pillar of support for her. Courts have often taken an empathetic view in such matters
IS THAT LEGAL?
Ignorance of law is no excuse. Here are answers to frequently asked queries regarding matters that affect us on a day-to-day basis
The Big Lie
In America, The Big Lie is an idiom used by Donald Trump's opponents and the media to describe his constant gripe about election fraud. Now, it seems more suited to another Republican, Congressman George Santos (right), who has been facing growing calls to resign after he admitted fabricating parts of his resume and biography since his election in New York last year.
Flying into the Sunset
Over 50 years since the first and original jumbo jet, the Boeing 747, took to the skies and revolutionized air travel, the last of the legendary aircraft (right) was delivered to a freight charter company, bringing down the curtain on one of aviation's most successful products.
Star Crossed
Actor and producer Alec Baldwin is a Hollywood legend, having starred in a range of movies, award winning TV sitcoms, and theatre. He was most recently seen in Mission Impossible Fallout, which is an apt description of his current situation.
Walkouts in the UK
An estimated half a million workers have gone on strike, shutting down thousands of schools, public transport and border disruption. It is the biggest day of industrial action for more than a decade.
Myanmar's Misery
Two years after the military coup ousted the elected government led by Aung San Suu Kyi, the brutal crackdown by the junta on so-called \"insurgents\" and civilian protesters has reached a new level with the use of air strikes, a new and deadly tactic in the ongoing civil war.
AMERICA'S ANGST
From messy, divisive politics to a series of mass shootings, and now black officers brutally beating another black man to death as seen in bodycam videos, America's domestic convulsions are cause for serious introspection
JUSTICE LEAGUE
There are few judicial appointment procedures in the world that are completely bereft of the overarching presence of either the executive or the legislature, or both. In the end, the judge is left with all the powers vested in him/her by the constitution to uphold the rule of law, within an atmosphere of external influences