Chief Justice of India- Justice Lodha to Justice Raman
Context:
Ø
Over 75 years,
the Indian Supreme Court has already had 49 Chief Justices.
Ø Justice Y. Chandrachud, in the 1980s, had an exceptionally long tenure of over seven years, while at the other extreme, Justice K.N. Singh occupied the office for a mere 17 days.
Role of Judiciary:
Ø
Fundamental
rights: Its primary responsibility is to ensure that the fundamental rights of
citizens guaranteed under the Constitution are not diluted, or eroded by the
state.
Judiciary manifest its superior nature through:
Kesavananda
Bharati(1973): The Court assumed the power of judicial review over
constitutional amendments.
Ø
Judicial
appointments: It assumed the power of judicial appointments to itself and the
High Courts.
Ø
Article 21: It
expanded the fundamental right to life and liberty under Article 21 of the
Constitution.
Ø
PIL: It ensures
the right to approach courts through public interest litigation.
Powers of CJI besides normal judicial duties:
Appointment of judges: Selecting
judges for appointment to the higher judiciary
Number and composition of benches: Deciding the number and composition of benches
adjudicate on different kinds of cases
Ø
‘Doctrine of
Basic Structure’ was propounded by the Indian Judiciary on 24th April 1973 in
the Keshavananda Bharati case to put a limitation on the amending powers of the
Parliament so that the ‘basic structure of the basic law of the land’ cannot be
amended in the exercise of its ‘constituent power’ under the Constitution.
Ø
The decision
constitutes a high watermark in the assertion of the Court’s judicial power in
the teeth of a determined majoritarian regime. Much later, in 2007, a different
Bench of nine judges in I.R. Coelho vs. State of Tamil Nadu, in a unanimous
decision, authoritatively upheld the narrow majority view (of 7:6) in
Kesavananda Bharati and gave it permanent constitutional validity.
Three periods:
From 1950 to 1971:
Ø
The Chief Justice
had complete authority over judicial appointments
Ø The recommendation of the Chief Justice would always be followed, even to the extent of powers of a veto.
Between 1971 and 1993:
Ø
Committed judges:
The Executive insisted on appointing ‘committed judges’ to the Supreme Court.
Ø
Prerogative: The
executive exercising prerogative in appointing Chief Justices.
Ø
The first judge’s
case(1981): The opinion of the CJI would not be binding on the government.
Ø
Second Judges
case(1993): Judiciary practically wrested the power of appointments back from
the executive.
From 2014 to 2022:
Ø
Justice Lodha: He
revived the dormant trend of direct appointments from the Bar to the Bench in
the Supreme Court.
Ø
Justice H.L.
Dattu: The fourth judge’s case, concerning the validity of the National
Judicial Appointments Commission (NJAC) Act.
Ø
Justice T.S.
Thakur: He set the National Judicial Data Grid rolling, which today connects
all levels of the judicial system and provides a surfeit of information to
litigants.
Justice J.S. Khehar:
Ø
Landmark
judgments: including the Right to Privacy and Triple Talaq
Ø
Revived debates
on the lack of transparency and fairness in managing the roster in the Supreme
Court.
Ø
Conviction and
subsequent imprisonment of a High Court judge.
Justice Ranjan Gogoi:
Ø
Sat in the
hearing of a sexual harassment complaint made by an employee of the Supreme
Court against himself.
Ø
Secrecy issues:
Assam’s National Register of Citizens (NRC) matter, the Rafale dispute, the
electoral bonds issue
Ø
Habeas corpus:
petitions wake of the abrogation of Article 370.
Ø
Ayodhya dispute
Justice Sharad A. Bobde:
Ø
Preferential
treatment to certain matters: for example, in the bail matters of journalists
Siddique Kappan versus Arnab Goswami
Ø
Stayed the
controversial farm laws.
Ø
Ad-hoc judges:
Issuing guidelines on the appointment of ad-hoc judges to tackle judicial
pendency
Ø
Standoff within
the collegium(over the appointment of a judge to SC)
Justice N.V. Ramana:
Ø
Certain bail
orders and stays (e.g., sedition)
Ø
Pegasus inquiry
Ø
The decision on
the Prevention of Money Laundering Act.
Ø
Significantly
large number of appointments in the higher judiciary, including appointing many
women judges.
Ø
No constitutional
Benches were formed.
The future:
Justice U.U. Lalit:
Ø
Taken initiatives
in the formation of benches and certain initial orders that he has given, e.g.,
Kappan and Setalvad cases
Ø
Granting bail to
individuals where the original indictment itself was without basis.
Conclusion:
Ø
A dynamic and
thoughtful leadership: Supported by puisne judges, should be able to ensure
that the challenges and responsibilities are met appropriately.
Ø
True custodian:
Supreme Court should live up to hope of being the true custodian of the
Constitution and protector of fundamental rights