Key Points
New Delhi: Although Article 370 had become some kind of a skeleton over time, it was perceived as something that was still subsisting, outgoing Supreme Court judge Sanjay Kishan Kaul has said.. Justice Kaul, who was appointed to the Supreme Court in 2017 and demitted office Monday, was speaking in defence of the apex courts ruling earlier this month upholding the abrogation of Article 370 a provision in the Constitution that gave special status to the erstwhile state of Jammu and Kashmir...
For instance, on 16 December, former Supreme Court judge Rohinton Nariman had called the court ruling disturbing and said that it had a tremendous impact on federalism...
As a judge who was part of the nine-member bench which authored a landmark privacy ruling that declared the right to privacy as a fundamental right in 2017, Justice Kaul saw the same-sex marriage case as one for the LGBTQ+ community to move forward more so after the apex court decriminalised Section 377 of the Indian Penal Code (IPC)...
Seniority is one of the factors taken into consideration for nominating a judge to the apex court, he said.. Justice Kaul was firm on the judiciary having a final say on the transfer of HC judges..
Many happen for better administration of justice and also include cases where a judge volunteers to get transferred, he said.. Unlike the appointment process, where government plays a role and will have to play a role, transfer matters should be a judiciarys call because you are determining where that appointed judge is best suited to carry out his task, he said.. Justice Kaul also shared his views on the functioning of the SC..
You might be interested in
NJAC never given chance to work, led to friction in functioning of collegium: Justice S K Kaul
29, Dec, 23Justice Kaul, who was a member of the Supreme Court collegium for over a year, said one has to accept there is a problem with the collegium system and it will be unrealistic to say that it is working smoothly. At present, he added, the collegium system is the law of the land and it must be implemented as it stands.
Explained | Why do judges recuse themselves and how? A look at recent judicial recusals
22, May, 23What governs the recusal of judges in India? We explore.
'Collegium not the best system to pick judges…': Justice SK Kaul
25, Dec, 23Justice Kaul also expressed concerns about the government's influence on appointments and the perception of nepotism within the system. | Latest News India
Centre's 'pick and choose' in appointing judges recommended by collegium troublesome: SC
07, Nov, 23The bench said this pick and choose affects the seniority of those whose names have been recommended for appointment by the collegium and why a person, having reasonable practice a as lawyer, would put his neck on the block and hope that the government will clear it.
Supreme Court asks Calcutta HC chief justice to reassign WB teacher recruitment scam case to another bench
28, Apr, 23In his plea, Trinamool Congress leader Abhishek Banerjee had said that Justice Abhijit Gangopadhyay had made certain remarks against him in an interview.
Manipur high court to get first tribal woman judge
14, Oct, 23According to data presented by the government in Lok Sabha in March, out of 575 high court judges appointed since 2018, 67 belong to OBC, 17 to the SC category. | Latest News India
CBI books former Allahabad High Court judge, wife in corruption case
23, Feb, 23The Central Bureau of Investigation (CBI) has registered a fresh FIR against Justice SN Shukla, the retired judge of the Allahabad High Court and his wife Suchita Tiwari and a few others for their alleged involvement in a corruption case and amassing assets worth over Rs 2.54 crore disproportionate
Understanding people’s problems makes better judges, says CJI
28, Feb, 24Chief Justice of India D Y Chandrachud said legal power is not enough for a judge and the stronger tool is their desire to understand human life | Latest News India
SC Collegium recommends names of 3 lawyers for appointment as Bombay HC judges
03, May, 23The Supreme Court Collegium headed by Chief Justice D.Y. Chandrachud has recommended the names of three advocates for appointment as judges of the Bombay High Court.
Courts are temple of justice, must remain open for tired & weary litigants: Justice Kaul
15, Dec, 23Courts are temple of justice, must remain open for tired & weary litigants: Justice Kaul | Latest News Delhi