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CJI speaks out

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Legality of Hyperlinks

Legality of Hyperlinks

I, for one, while writing, picture the intended audience and the beneficiaries (wishful thinking). This article talks about the legality of hyperlinks, taking a leap from trademarks we jump to the next but a slightly tangled trajectory of Intellectual property Law. Copyrights are about ideas, they say ideas are bullet proof but with all my […]

Preliminary decree in partition suit and role of Commissioner

Preliminary decree in partition suit and role of Commissioner

In a partition suit, preliminary decree is passed. An execution petition is filed by the plaintiff before the court. Court allows for it and appoints a commissioner in furtherance of the same. However, objections are filed against the execution of the decree and for the recall of preliminary decree, by the defendant. Court allows for […]

Filing for trademark in India

Filing for trademark in India

In today’s materialistic world where intangible standards of quality such as the goodwill and the brand value of a certain product matter than the tangible quality of the product itself, when the common folk, the youth, dances to the tunes of wakhra swag shunning the idea of running after the brand tags but savagely contradicting […]

Material alterations to a Cheque

Material alterations to a Cheque

We received multiple requests to consider doing a post on material alterations to a Cheque than confining ourselves to just alterations in the signature. In this post we look at various issues that arise out of altering a Cheque…let’s get started! What constitutes material alteration of a Cheque once it has been signed? What changes […]

Cheque bounce Case (Altered presumption of acquittal by sessions court)

Cheque bounce Case (Altered presumption of acquittal by sessions court)

Now let’s alter the presumption. Presumption here is that Sessions court has acquitted the individual after he was convicted by the trial court. In case of acquittal by session court, section 378 of CrPC will come into play. Under sub-section 4, a private individual may by an application made to HC ask for grants special leave […]

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The Chief Justice of India, on 15th of August in his Independence Day speech, reiterated the need for the government to look at the Judiciary. He expressed disappointment over the PM Modi speech on the Independence Day for not talking about the scarcity of Judges and the overall problems that Judiciary faces. The CJI’s repeated public statements accusing the government of creating crisis in legal system by withholding the appointment of judges shortlisted by the Supreme Court collegium (Note: The President has to assent the approval of Judges. However, this is qualified and he can only do so on the aid and advice of the Council of Ministers, with the Prime Minister as the head of the Council of Ministers) is a rather interesting phenomenon. In reality, it is not only the government’s fault but the courts also share responsibility for the impasse in the judicial appointments. The Judiciary has assumed itself the powers that ought to be evenly distributed among the organs of the state. Such arrogation of power undermines the authority of the ultimate sovereign in a democracy, the people. Appointment of judges by a self-propagating collegium is not the best way to choose the judges.

A judiciary that inspires confidence is required in an effective democracy. For this, the judicial appointments have to fair and transparent. A system that provides anyone the opportunity to apply either for the bar or interested in the judgeship. The way to do this is to make all the vacancies public and setting out clear eligibility criteria. A committee should be set-up comprising of judges and the highest law officer of that particular jurisdiction to recommend the names and shortlist for the government to appoint them. The committee must review all the application and its decisions and recommendations must be recorded. The government then could choose a candidate for consideration from the shortlisted candidates and then seek approval by the State Assembly or the Parliament. In a representative democracy, the appropriate legislative committee shall have the final say on appointments, with the committee comprising of the members from the ruling and the opposition parties and having full access to all the relevant records as a part of the approval process. The executive and the legislature must play an active role in the far-left behind judiciary (In India the Judiciary is independent as compared to the legislature and the executive).

India needs a democratic process for appointment of judges. Such a process would ensure true judicial autonomy. While such a system will take time to be put in place, the appointment of the judges from the present judicial process cannot come to a halt and the vacancies must be filled from the list given by the collegium. A blame game over the appointment of the judges serve little purpose and helps no-one.

Picture can be found here: http://www.theunrealtimes.com/wp-content/uploads/2013/09/SC.jpg

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