Collegium System
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Collegium System
The Indian Judicial Collegium system, where existing judges appoint judges to the nation's constitutional courts, has its genesis in, and continued basis resting on, three of its own judgments made by Supreme Court judges, which are collectively known as the Three Judges Cases. The collegium system has often been alleged to have caste bias due to the lack of representation of marginalised communities, i.e., OBCs, SCs and STs, in the Supreme Court and high courts. (also known as the Judges' Transfer case) # ''Supreme Court Advocates-on Record Association vs Union of India'' - 1993 # ''In re'' Special Reference 1 of 1998
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Judiciary Of India
The judiciary of India is a system of courts that interpret and apply the law in the India, Republic of India. India uses a Common law, ''common law system'', first introduced by the East India Company, British East India Company and with influence from other Colonial India, colonial powers and Indian princely states, as well as practices from ancient and medieval times. The constitution provides for a single unified judiciary in India. The Indian judicial system is managed and administrated by officers. Judges of Subordinate Judiciaries are appointed by the governor on recommendation by the High courts of India, High Court. Judges of the High Courts and Supreme Court of India, Supreme Court are appointed by the President of India on the recommendation of a Three Judges Cases, collegium. The judicial system is structured in three levels with subsidiary parts. The Supreme Court of India, Supreme Court, also known as the Apex Court, is the top court and the ultimate appellate cour ...
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Jasti Chelameswar
Jasti Chelameswar (born 23 June 1953) is the former Judge of Supreme Court of India. He retired on 22 June 2018 as the second most senior Supreme court judge. Earlier, he was the Chief Justice of Kerala High Court and Gauhati High Court. He was also one of the 4 judges who held a controversial press conference against the Chief Justice of India Justice Dipak Misra. Early life Chelameswar was born in Peddamuttevi village of Movva mandal, Krishna district, Andhra Pradesh, the son of Jasti Lakshminarayana, a lawyer who practised at the district court, and his wife Annapoornamma. After completing his schooling in Machilipatnam, Chelameswar enrolled at Loyola College, Chennai and obtained a Bachelor's degree in Science with Physics as his major subject. He then studied Law and obtained an LLB from Andhra University, Visakhapatnam in 1976. Career Chelameswar served as an Additional Judge at the then High Court of Andhra Pradesh. Later, he became the Chief Justice of Gauhati ...
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Aniruddha Bose
Aniruddha Bose (born 11 April 1959) is a judge of the Supreme Court of India. He is a former chief justice of the Jharkhand High Court and judge of the Calcutta High Court. Education & career Bose was educated at the St. Lawrence High School, Kolkata, and was graduated in B. Com from the St. Xavier's College, Kolkata. He then completed the Bachelor of Laws from the Surendranath Law College, Kolkata. After the enrollment he started practice on constitutional, civil and intellectual property matters in the Calcutta High Court in 1985. Bose worked in the original side as well as the appellate side of the High Court. He was elevated as permanent judge of the Calcutta High Court in January 2004. His name was recommended for elevation as the Chief Justice of Delhi High Court but returned by the Government of India, with the observation that he does not have the experience to handle the affairs of a prominent High Court like Delhi. The collegium reconsidered the proposal and he ...
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Judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial p ...
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Sanjiv Khanna
Sanjiv Khanna (born 14 May 1960) is a judge of the Supreme Court of India. He is a former judge of Delhi High Court. Early life He completed his schooling from Delhi's Modern School, Barakhamba Road in the year 1977. After graduating in the year 1980 from St. Stephen's College, University of Delhi, he studied law at Campus Law Centre of the Faculty of Law, University of Delhi. His father Justice Dev Raj Khanna retired as a judge from Delhi High Court in 1985 and his mother Mrs. Saroj Khanna worked as a Hindi lecturer at Lady Shri Ram College, Delhi University. Career He was enrolled as an Advocate in the Bar Council of Delhi in the year 1983. On 24 June 2005, he was elevated as an additional judge of Delhi High Court and made permanent on 20 February 2006. He was elevated as a judge of Supreme Court of India on 18 January 2019. He is in line to become the Chief Justice of India after the retirement of Chief Justice Dhananjaya Y. Chandrachud. Khanna is also the nephew of a form ...
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Basic Structure Doctrine
The basic structure doctrine is a common law legal doctrine that the constitution of a sovereign state has certain characteristics that cannot be erased by its legislature. The doctrine is recognised in India, Bangladesh, Malaysia, Pakistan, and Uganda. It was developed by the Supreme Court of India in a series of constitutional law cases in the 1960s and 1970s that culminated in '' Kesavananda Bharati v. State of Kerala'', where the doctrine was formally adopted. Bangladesh is perhaps the only legal system in the world which recognizes this doctrine with an expressed, written and rigid constitutional manner through article 7B of its Constitution. In ''Kesavananda'', Justice Hans Raj Khanna propounded that the Constitution of India has certain ''basic features'' that cannot be altered or destroyed through amendments by the Parliament of India. Key among these "basic features", as expounded by Justice Khanna, are the fundamental rights guaranteed to individuals by the constitution ...
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National Judicial Appointments Commission
The National Judicial Appointments Commission (NJAC) was a proposed body which would have been responsible for the recruitment, appointment and transfer of judicial officers, legal officers and legal employees under the government of India and in all state governments of India. The commission was established by amending the Constitution of India through the 99th constitution amendment with the Constitution (Ninety-Ninth Amendment) Act, 2014 or 99th Constitutional Amendment Act-2014 passed by the Lok Sabha on 13 August 2014 and by the Rajya Sabha on 14 August 2014. The NJAC would have replaced the collegium system for the appointment of judges as invoked by the Supreme court via judicial fiat by a new system. Along with the Constitution Amendment Act, the National Judicial Appointments Commission Act, 2014, was also passed by the Parliament of India to regulate the functions of the National Judicial Appointments Commission. The NJAC Bill and the Constitutional Amendment Bill, wa ...
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Lok Sabha
The Lok Sabha, constitutionally the House of the People, is the lower house of India's bicameral Parliament, with the upper house being the Rajya Sabha. Members of the Lok Sabha are elected by an adult universal suffrage and a first-past-the-post system to represent their respective constituencies, and they hold their seats for five years or until the body is dissolved by the President on the advice of the council of ministers. The house meets in the Lok Sabha Chambers of the Sansad Bhavan, New Delhi. The maximum membership of the House allotted by the Constitution of India is 552 (Initially, in 1950, it was 500). Currently, the house has 543 seats which are made up by the election of up to 543 elected members and at a maximum. Between 1952 and 2020, 2 additional members of the Anglo-Indian community were also nominated by the President of India on the advice of Government of India, which was abolished in January 2020 by the 104th Constitutional Amendment Act, 2019. The ...
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President Of India
The president of India ( IAST: ) is the head of state of the Republic of India. The president is the nominal head of the executive, the first citizen of the country, as well as the commander-in-chief of the Indian Armed Forces. Droupadi Murmu is the 15th and current president, having taken office from 25 July 2022. The office of president was created when India officially became a republic on 26 January 1950 after gaining independence on 15th August 1947, when its constitution came into force. The president is indirectly elected by an electoral college comprising both houses of the Parliament of India and the legislative assemblies of each of India's states and territories, who themselves are all directly elected by the citizens. Article 53 of the Constitution of India states that the president can exercise their powers directly or by subordinate authority (with few exceptions), though all of the executive powers vested in the president are, in practice, exercised by t ...
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Adarsh Kumar Goel
Adarsh Kumar Goel (born 7 July 1953) is an Indian Judge. Presently, he is Chairperson of National Green Tribunal. He is former Judge of Supreme Court of India. He is also former Chief Justice of the Orissa High Court and Gauhati High Court, and a former Judge of Gauhati High Court and Punjab and Haryana High Court Punjab and Haryana High Court is the common High Court for the Indian states of Punjab and Haryana and the Union Territory of Chandigarh based in Chandigarh, India. Sanctioned strength of Judges of this High Court is 85 consisting of 64 .... Career Justice Adarsh Kumar Goel did his B.A. (Hons.) and LL.B. from Panjab University. He was enrolled as an Advocate with the Bar Council of Punjab and Haryana on 16 July 1974. He practised before the High Court of Punjab and Haryana for about five years and before the Supreme Court of India and Delhi High Court for about 22 years. He was designated as Senior Advocate by the Supreme Court on 11 February 1999 ...
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