The enormous difference between former Chief Justice of India Ranjan Gogoi’s nomination and previous selection-elections of retired Supreme Court judges to the Rajya Sabha need to be evaluated in the context of the vast increase in powers of the office of the CJI before and after the Advocates-on-Record versus Union of India case in 1993, Re–the Second Judges case. This case tripped both the intricate doctrine of balance of power between the executive, judiciary and the legislature, as well as the theory of checks and balances that lies at the heart of the Indian constitutional scheme.
With the institutionalisation of the collegium system post the Second Judges case, the chief justice, being the de facto head of the respective Supreme Court collegiums, has become the fulcrum that has the propensity, given an inclination, to exercise weight upon the entire judicial apparatus of the country from a civil judge to a high court Chief Justice.
Bu hikaye Outlook dergisinin April 07, 2020 sayısından alınmıştır.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber ? Giriş Yap
Bu hikaye Outlook dergisinin April 07, 2020 sayısından alınmıştır.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber? Giriş Yap
Love in Bombay
In a city continuously grappling for space, lovers have found their own pockets of expression jostling against one another
Unscripted Moments
Street photography is all about finding the extraordinary in the ordinary, one candid moment at a time
Sambhal Files
An engineered silence weighs heavily on the stillness of the empty streets in the centuries-old town of Sambhal, Uttar Pradesh, where clashes with police over yet another 'mandir-masjid' dispute led to the deaths of local Muslim men
A State of Difference
What is about the Adivasis of Jharkhand that prevents the saffron lotus from blooming or even taking root, unlike in the Adivasi-majority seats of Chhattisgarh and Odisha where the BJP did exceedingly well in the past few years?
BJP Trumps Thackeray's Sena
The tables have turned on the original harbingers of communal politics in Maharashtra
Verses of Witnessing
The most imaginative chronicles of Mumbai's \"spirit\" come to us from the city's poets
Walking Through the Homes
Chandni Chowk is being usurped by a redevelopment model that will wipe out its unique blend of history, culture and commerce
Cost of Living, Price of Loving
In Mumbai's Kamathipura, the business of sex fails to keep up with the profits of real estate
A Taste of History
A delectable food walk in Old Delhi uncovers layers of history
Dramatis Personae
Comparing an actor's struggles in Delhi and Mumbai maps out the differing cultures of two disparate cities
