Synopsis: Pandemic has shown that the e-Courts project has the ability to revolutionize the Indian Judiciary, but its application needs to be in line with the Fundamental Right to Privacy. Why Indian courts should use digital technologies? Faster justice delivery. Clearing pendency which is around 3.27 crore cases before Indian courts. Of which 85,000 have… Continue reading The Pros and Cons of e-Courts project
Tag: PO_2
SC releases draft model rules for live-streaming and Recording of court proceedings
What is the news? The Supreme Court e-Committee headed by Justice D.Y. Chandrachud has released the “Draft Model Rules for Live-Streaming and Recording of Court Proceedings”. Note: Right to access live court proceedings is a part of the right of access to justice guaranteed under Article 21 of the Constitution. Read Also :-What is Monetary… Continue reading SC releases draft model rules for live-streaming and Recording of court proceedings
Judicial Governance during Pandemic – Explained, Pointwise
Introduction The judiciary is referred to as the custodian of the constitution and protector of fundamental rights. It is the supreme authority responsible to punish the violators of fundamental rights and civil liberties. In this regard, it also has the power to review the decisions of the executive as mandated by Article 13. Further, under… Continue reading Judicial Governance during Pandemic – Explained, Pointwise
A Case of Declining Judicial Federalism in India
Synopsis: SC transferred all oxygen supply-related cases in various High Courts. It did so, in the name of prioritising uniformity across nations in the distribution of essential services. This step of SC is against Judicial Federalism in India. Background In Parmanand Katara v. Union of India (1989), the Supreme Court said that ‘the right to… Continue reading A Case of Declining Judicial Federalism in India
The New CJI Needs to Address Present Issues in Judiciary
Synopsis: The new Chief Justice must seriously consider the Challenges in Judiciary. He must free himself from the bias in constituting benches. Also, he should take concrete steps to revitalise the administration of justice. Introduction: Justice N V Ramana will be the next Chief Justice of India. But there are certain serious challenges in Judiciary.… Continue reading The New CJI Needs to Address Present Issues in Judiciary
SC Guidelines for “Appointment of Ad-hoc Judges” in HCs
What is the News? The Supreme Court has cleared the way for the appointment of retired judges as ad-hoc judges in High Courts under Article 224A of the Constitution. This has been done to deal with the increasing backlog of cases in High Courts. Guidelines: For the appointment of ad hoc judges, the Supreme Court… Continue reading SC Guidelines for “Appointment of Ad-hoc Judges” in HCs
Supreme Court Sets timeline for Appointment of Judges
What is the News? The Supreme Court of India sets a timeline for the Centre to clear names recommended by the Collegium. What was the case? The issue of judicial vacancies came up when the Supreme court was hearing a petition seeking transfer of a case from the Orissa High Court due to the lawyers’… Continue reading Supreme Court Sets timeline for Appointment of Judges
What is “Memorandum of Procedure(MoP)”?
What is the News? The Supreme Court of India has laid down a timeline for the Centre to clear names recommended by the High Court Collegiums. This order is essentially contrary to the Memorandum of Procedure(MoP). About Memorandum of Procedure(MoP): Memorandum of Procedure(MoP) is an agreement between the judiciary and the government. It contains a set… Continue reading What is “Memorandum of Procedure(MoP)”?
Issue of Gender Gap in Judiciary – Explained, Pointwise
Introduction The issue of a gender gap in the judiciary is in the spotlight after a plea filed by the Supreme Court Women Lawyers Association in Supreme Court (SC). The plea advocated for increasing women participation in the judicial set up in order to augment gender justice. The participation of women in the judiciary so… Continue reading Issue of Gender Gap in Judiciary – Explained, Pointwise
Government to Decide on Collegium Recommendations for HC judges
What is the News? The Supreme Court Collegium recommended Judges for the appointment in the High Courts. But it is pending for more than 6 months. So, the Union government recently decided to consider the SC recommendations within three months. What was the case? The Supreme Court took suo motu cognizance on the matter relating… Continue reading Government to Decide on Collegium Recommendations for HC judges
Inauguration of “Judgments and Orders Portal” and “e-Filing 3.0 module”
What is the News? D.Y.Chandrachud, Judge of Supreme Court and Chairperson, e-Committee of the Supreme Court inaugurated two new initiatives. One is the Judgments and Orders Portal and the other is an e-Filing 3.0 module. The Pune-based e-Courts project team developed these two initiatives. These initiatives aim to strengthen the legal system in the country.… Continue reading Inauguration of “Judgments and Orders Portal” and “e-Filing 3.0 module”
Performance Analysis of Lok Adalats in India
Synopsis: The Lok Adalats (People’s Court) have been functioning in India since the last 38 years. They have successfully solved lakhs of cases that have reduced the judicial burden. However, some experts question their efficacy as they tend to neglect justice for speedier resolution. Background: Lok Adalats established to provide quick, accessible and affordable justice… Continue reading Performance Analysis of Lok Adalats in India
CJI launches “SUPACE Portal”— AI-driven Research Portal
What is the News? The Chief Justice of India launches the Supreme Court’s “SUPACE Portal”. About SUPACE Portal: Full-Form: SUPACE stands for Supreme Court Portal for Assistance in Court’s Efficiency. Purpose: It is an artificial intelligence-based portal. It will make the research work easier for judges, thereby easing their workload. Key Features of the Portal:… Continue reading CJI launches “SUPACE Portal”— AI-driven Research Portal
Justice N.V. Ramana – the next “Chief Justice of India(CJI)”
What is the News? The President of India appointed Justice N.V. Ramana as the next Chief Justice of India. Appointment of CJI and other Judges: The Chief Justice of India (CJI) and the other judges of the Supreme Court are appointed by the President of India under Article 124(2) of the Constitution. Constitution on appointment… Continue reading Justice N.V. Ramana – the next “Chief Justice of India(CJI)”
Significance of Circuit Benches
Synopsis: Virtual hearings started during the pandemic provided much relief. However, now focus should be on other measures like the establishment of circuit benches. Background: The pandemic saw the initiation of virtual proceedings in the Supreme Court. It was because the physical hearing was not possible due to COVID-19 restrictions. This new method ensured fair… Continue reading Significance of Circuit Benches
Lack of Transparency in the Supreme Court’s In-house Inquiry Procedure
Synopsis: In-house inquiry procedure needs to be made transparent The issue: Recently, the Supreme Court dismissed the complaint from Andhra Pradesh CM against Justice N.V. Ramana, on the basis of in-house inquiry. But the court declined to disclose the findings of the in-house inquiry. This has raised issues of transparency in the court’s process. According… Continue reading Lack of Transparency in the Supreme Court’s In-house Inquiry Procedure
Pendency of Cases and Rising Vacancies in the Judiciary – Explained, Pointwise
Introduction Recently the Supreme Court asked the reason from the government for delaying the process of appointment of judges. The SC also highlighted that the government has not cleared the 55 recommendations made by the Collegium for judicial appointments to High Courts. The total sanctioned strength in the 25 High Courts is 1,080. However, the… Continue reading Pendency of Cases and Rising Vacancies in the Judiciary – Explained, Pointwise
Collegium System and Appointment of “Ad-Hoc judges” in High Courts
What is the News? The Supreme Court has asked the reason from the government for delaying the process of appointment of judges. As the government has not cleared the 55 recommendations made by the Collegium for judicial appointments to High Courts. Vacancies in High Courts: The total sanctioned strength in the 25 High Courts is… Continue reading Collegium System and Appointment of “Ad-Hoc judges” in High Courts
Need for an Integrated Digital System in Indian Justice System
Synopsis: Implementation of an integrated digital system for the criminal justice system will help in speedy justice. Background 43 years old Vishnu Tiwari was recently found innocent by the Allahabad High Court. Vishnu was sentenced to life imprisonment for rape under the Indian Penal Code and the Scheduled Castes and the Scheduled Tribes (Prevention of… Continue reading Need for an Integrated Digital System in Indian Justice System
Justice N.V. Ramana recommended as 48th CJI (Chief Justice of India)
What is the News? The current Chief Justice of India(CJI) has recommended Justice N.V. Ramana, the senior-most judge of the Supreme Court as the next CJI. About Chief Justice of India(CJI): Chief Justice of India is the chief judge of the Supreme Court of India. He/she is also the highest-ranking officer of the Indian judiciary.… Continue reading Justice N.V. Ramana recommended as 48th CJI (Chief Justice of India)
Shortcomings of the ‘In House inquiry Procedure’
Synopsis: The shortcomings of the ‘in house inquiry procedure’ of the Supreme Court has again come to the limelight. This time over the appointment of the future CJI itself. The upcoming CJI is facing serious allegations of misconduct, but there is no clarity of ‘In House inquiry Procedure’ in the concerned matter. Background: The upcoming… Continue reading Shortcomings of the ‘In House inquiry Procedure’
Judiciary’s inconsistency in dealing with cases of Personal liberty
Synopsis: The recent rulings of the judiciary have defended the personal liberty of citizens. However, there are many instances where the judiciary failed to uphold liberty. What are the recent rulings? The following rulings highlight the role of judiciary as the first line of defence against the deprivation of the liberty of citizens. First, in… Continue reading Judiciary’s inconsistency in dealing with cases of Personal liberty
NGT and associated challenges
Synopsis- The National Green Tribunal(NGT) instead of protecting the environment is facing trouble due to internal issues within the NGT. Introduction The National Green Tribunal(NGT) is a dedicated tribunal to deal with matters relating to the environment. The NGT website even mentions that the tribunal has cleared 90% of the cases. But a close look… Continue reading NGT and associated challenges
The Collegium System – Explained Pointwise
Introduction The Collegium System was introduced in response to the executive interference in judicial appointments. However, this system has failed to protect judicial appointments from executive interference. It is due to the reasons like Post-retirement appointments of judges. At present, the collegium comprises of CJI (Chief Justice of India) and 4 senior-most judges of the… Continue reading The Collegium System – Explained Pointwise
The case of Four Capitals or the Supreme Court bench in South India
Synopsis: The proposal of four capitals may not be feasible in India. However, a Supreme Court Bench in south India can be created. Introduction West Bengal’s CM Mamata Banerjee suggested that there should be four capitals of India. She is of the opinion that Parliament sessions should be held in each of the four capitals in… Continue reading The case of Four Capitals or the Supreme Court bench in South India
No evidence of any gender or religious bias in the district courts, finds study
What is the News? A study by the Development Data Lab has found no evidence of any systemic gender or religious bias in the district and subordinate courts across India. The lab works with governments, firms, and civil society organizations. It generates policy-relevant knowledge using data. About the study: Data used: The study looked at… Continue reading No evidence of any gender or religious bias in the district courts, finds study
Are courts encroaching on the powers of the executive?
Synopsis: The instances of court’s intervening in the executive matters without providing comprehensive legal reasoning are increasing. SC’s recent decision to put stay on farm laws has been analysed in this context. Introduction The Supreme Court is trying to make a political settlement between farmers and the government. It has put a stay on farm law and made a… Continue reading Are courts encroaching on the powers of the executive?
Justice delivery system
Context: Inadequacies in the justice delivery system extends beyond the Supreme Court. What are the various issues faced by the judiciary? Spending on judiciary: It is equated with a call for increasing the salaries of judges and providing better court infrastructure. Such perceptions are unfortunate. Issues under The Legal Services Authority Act of 1987: Under this law,… Continue reading Justice delivery system
Court complexes across country connected under E-Courts Project
Source: Click here News: As many as 2927 complexes across India have been connected so far by a high-speed Wide Area Network(WAN) under e-Courts Project. What is e-court project? It is an Integrated Mission Mode Project under implementation since 2007 as part of National e-Governance Plan. The project is based on the National Policy and Action… Continue reading Court complexes across country connected under E-Courts Project
Gender deficit in Indian Judicial system
Context: Attorney-general KK Venugopal has asked the Supreme court to fix the gender deficit in the Indian judicial system. Facts on number of Women in Indian judicial system. Women comprise only 7.2 per cent of all the judges in the SC and the high courts. There were only eight women judges till now in supreme… Continue reading Gender deficit in Indian Judicial system
Supreme Court on Protecting Rights of People
News: The Supreme Court has pronounced its reasons for granting interim bail to Republic TV editor-in-chief Arnab Goswami in connection with the abetment of suicide case against him. Facts: Key Takeaways from the Judgement: Protect Personal Liberty: The Supreme Court called on judges to protect personal liberty and the right of ordinary people to bail saying liberty… Continue reading Supreme Court on Protecting Rights of People
Protecting Article 32
Context: The Chief Justice of India is reported to have stated during the hearing of journalist Siddique Kappan’s bail matter, that the Court was trying to “discourage” recourse to Article 32. What does article 32 says? The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this… Continue reading Protecting Article 32
Contribution and Criticism of Supreme Court
Context- Criticism is the hallmark of a prosperous democracy, but unfounded and unrestrained criticism is harmful rather than contributive. Why judiciary is the strongest pillar on which the edifice of Indian democracy stands? India ranks in the top one-third of nations in efficiency of the legal framework to challenge regulations and in judicial independence. At the… Continue reading Contribution and Criticism of Supreme Court
Judiciary is not slipping into ‘barbarism
Context: Recently questions have been raised on functioning of judiciary that it is slipping into “judicial barbarism”. What are the recent charges made against the judiciary? Electoral bonds case: The court has refused to do timely hearings of cases that go to the heart of the institutional integrity of a democracy. Elgar Parishad case: The… Continue reading Judiciary is not slipping into ‘barbarism
Article 32 of Indian Constitution
what is the Issue of application of Article 32 Dr B.R. Ambedkar had once said, ‘If I was asked to name any particular article in this Constitution as the most important – an article without which this Constitution would be a nullity, I could not refer to any other article except this one (Article 32).… Continue reading Article 32 of Indian Constitution
What is ‘contempt of court’, and why does the A-G have to consent to these proceedings?
News: Attorney General has given his consent for the initiation of criminal contempt proceedings against stand-up comedian Kunal Kamra for his tweets following the Supreme Court’s decision to grant interim bail to a television anchor. Facts: Contempt of Court: As per the Contempt of Courts Act 1971, contempt refers to the offense of showing disrespect to… Continue reading What is ‘contempt of court’, and why does the A-G have to consent to these proceedings?
CONTEMPT OF COURT
Context: Attorney-General K.K. Venugopal on Monday declined to give consent to the initiation of contempt proceedings against A.P. Chief Minister Jagan Mohan Reddy and his Principal Adviser Ajeya Kallam. What is Contempt of court? Contempt of Court is the offense of being disobedient to or being disrespectful towards a court of law. Any action which… Continue reading CONTEMPT OF COURT
