Democratic Institutions

The appointment of Justice Lekshmana Chandra Victoria Gowri, a lawyer who was the National General Secretary of the Bharatiya Janata Party women’s wing and had made disparaging remarks about religious minorities, on February 7, has kicked off a debate about whether candidates with political background should be appointed to the bench.

Has political background been a bar to becoming a judge? It depends on the politics (scroll.in) 

There have been several previous instances where lawyers who were members or office bearers of political parties or closely associated with them have been appointed as High Court and Supreme Court judges. On the other hand, there have also been instances where lawyers were not elevated because their political leanings did not find favour with the government of the day.

While several people believe that most judges are apolitical, George H Gadbois Jr writes in his seminal book Judges of the Supreme Court of India: 1950-89, “Participation in politics prior to High Court or SCI [Supreme Court of India] appointment was more common than most realize.” Godbois was an expert on the Indian Supreme Court and wrote one of the most comprehensive accobyunts of Supreme Court judges.

by Umang Poddar

14/02/2023

Gowri’s elevation has been the centre of controversy ever since her name was recommended by the Supreme Court collegium on January 17. Lawyers highlighted disparaging comments she had made about Christians and Muslims to argue that she is unfit to be made a judge. However, with the swearing-in ceremony concluded and the court refusing to interfere, Justice Gowri’s appointment is secure, for now.

https://scroll.in/article/1043410/explainer-how-supreme-court-upheld-the-appointment-of-a-high-court-judge-accused-of-hate-speech 

Gowri, a lawyer from Tamil Nadu, was recommended for a Madras High Court judgeship by the Supreme Court collegium, comprising the chief justice of India and two senior-most Supreme Court judges. After that, it was pointed out on social media that Gowri was the National General Secretary of the Bharatiya Janata Party women’s wing. Then on January 30, Article 14 reported about Gowri’s interviews and writings where she had made derogatory comments about Christians and Muslims.

by Umang Poddar

07/02/2023

Not Parliament, but Constitution is supreme: Chidambaram reacts to Jagdeep Dhankhar's remarks on judiciary Dhankhar's virtual censure of the judiciary had come following the apex court's remarks on the issue of the collegium system

Vice President Dhankhar on Wednesday had said "one-upmanship and public posturing" from judicial platforms is not good and these institutions must know how to conduct themselves. Dhankhar's virtual censure of the judiciary had come following the  apex court's remarks on the issue of the collegium system.

Addressing the 83rd All India Presiding Officers Conference in Jaipur, Dhankar had again criticised the scrapping of NJAC Act in 2015 and questioned the landmark 1973 Kesavananda Bharati case verdict, saying it set a wrong precedent and that he disagrees with the Supreme Court ruling that Parliament can amend the Constitution but not its basic structure. https://www.deccanherald.com/national/national-politics/dhankhar-slams-one-upmanship-from-judicial-platforms-says-cannot-have-ostrich-like-stance-1180062.html

The "basic structure" doctrine was evolved in order to prevent a majoritarian-driven assault on the foundational principles of the Constitution, the former Union minister said. "Suppose Parliament, by a majority, voted to convert the parliamentary system into a Presidential system. Or repeal the State List in Schedule VII and take away the exclusive legislative powers of the States. Would such amendments be valid?" Chidambaram said in a series of tweets.

After the NJAC Act was struck down, nothing prevented the government from introducing a new Bill, the senior Congress leader said.

In cases involving Central agencies, courts seem to be especially cautious.

https://scroll.in/article/1040465/why-is-the-bombay-high-court-staying-its-own-bail-orders 

In three instances in the past three months, the Bombay High Court has suspended the operation of its own bail order, despite giving bail to an accused on merits. All of these were matters involving central agencies, which asked for a stay since they want to challenge the order before the Supreme Court.

While these stays are legally valid, several legal experts say that such orders are unfair, given that they curtail a person’s liberty.

by Umang Poddar

03/01/2023