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Dec 15 • 9 tweets • 8 min read
@KirenRijiju in Rajya Sabha: Main reason for pendency is appointment of judges.
The Lok Sabha and Rajya Sabha had passed the #NJAC Act in 2015. 2/3rd states approved it as well.
#Parliament #ParliamentWinterSession
@KirenRijiju: The Government has taken numerous steps to tackle pendency. Without referring to those (for paucity of time), i wanna say that right now, the government has very limited power to fill vacancies...
#Parliament #ParliamentWinterSession
...We only approve the names recommended by the collegium. We have no authority to look for and recommend judges ourselves.
#Parliament #ParliamentWinterSession #Collegium #SupremeCourt
@KirenRijiju: On multiple occasions, we've requested Chief Justices of High Courts and the Supreme Court to expeditiously recommend judges in order to fill vacancies...
#Parliament #ParliamentWinterSession #Collegium #SupremeCourt
...We've also requested them to ensure that the appointments are high-quality and are also representative of the country's diverse population. But...
#Parliament #ParliamentWinterSession
...I feel that we're not able to work as per the sentiments of the house, the sentiments of the people.
#Parliament #ParliamentWinterSession
@KirenRijiju: I don't want to comment on the Court because it might seem like government interference. But if you see the Constitution, the process of appointment of Judges was the right of the Government.
#Parliament #ParliamentWinterSession #NJAC #Collegium #SupremeCourt
@KirenRijiju: To tackle pendency, we're (the govt) being supportive. But until the procedure for appointments is changed, questions regarding pendency and vacancies will be raised.
#Parliament #ParliamentWinterSession #NJAC #Collegium
On question regarding revival of the #NJAC
@KirenRijiju: Supreme Court's 5-member Bench struck it down. A lot of retired judges, including members of the Constitution Bench, said that the decision to strike down an enactment passed unanimously in the Parliament was not right.

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More from @barandbench

Bar & Bench Profile picture
Dec 16
CJI: If we do not act in matters of personal liberty and grant relief then what are we doing here? What is SC doing and is it not a breach under Article 136. #SupremeCourt exists to hear to the cry of such petitioners. We burn the midnight oil for such cases and see there is more Image
The above comment comes in the backdrop of a case where a person seeks bail. This person Iqram has served 7 years already and has another 10 years to go in a case where he had stolen electricity. There was plea bargaining too in the case. #SupremeCourt
CJI DY Chandrachud asks Senior Lawyer Nagamuthu to be present in the court for this case

CJI: This is why I asked you to stay back. Just imagine. As a former Madras HC judge you know that no case is too big or no case is too small for the Supreme Court. #SupremeCourt
Read 27 tweets
Bar & Bench Profile picture
Dec 16
Supreme Court observes that a when a particular property is targeted in a PIL, the High Court is often aware why the party has approached the court

CJI: Idea is to target one project and HC often knows why is it happening. You dont target the principle
#SupremeCourt Image
PILs could become an instrument of BLACKMAIL when it is an issue of an infrastructure project. This actually makes a plank to target such projects. High Court has actually smelled the rat here. This is happening across in Delhi, Mumbai, etc. Target fungible FSI and not this: CJI
What happens in such redevelopment projects is that only another competitor is behind such petitions and they join with other builders. I have sat across many such cases before the Bombay court: CJI DY Chandrachud #supremecourt
Read 4 tweets
Bar & Bench Profile picture
Dec 16
[RTE Act] Delhi HC observes that there is a dismal state of affairs when it comes to rights of EWS children getting admission into private schools.
"It is high time that the judiciary exercises its powers under Article 226 of Constitution."
#DelhiHighCourt #EWS #RTEAct Image
Justice Chandra Dhari Singh quotes Mahatma Gandhi to hold that basic education should be free and compulsory in the country and it is a basic need for India.
Court says it is high time that the judiciary reaches the people because the poor people are not able to avail their fundamental rights.
It directs Delhi's Department of Education to ensure that RTE Act is implemented in letter and spirit and EWS get representation.
Read 7 tweets
Bar & Bench Profile picture
Dec 16
Inhabitants of Valmiki Basti move #SupremeCourt against the proposed demolition of their basti in Nainital

Adv: We have a history of 100 years and notice was on December 7. But the demolition is illegal

CJI DY Chandrachud: Keep the papers ready, we will take it up Image
CJI: You can go back to the HC. Uttarakhand HC is working during vacations.

Adv: we were not arrayed as parties. March 2020 we had filed our review. we are the sanitation workers. we are the unwanted, nobody wants us as tenants. cry of poor dalits.

CJI: Sorry go to HC
Adv: I will withdraw then..

CJI: Nov 22 order is passed and you come at last moment and you put pressure on judges to stay. stay from SC means in public interest you see
Read 4 tweets
Bar & Bench Profile picture
Dec 16
#SupremeCourt to hear plea by an MBBS candidate with a 55% speech disability, who was denied admission on account of her disability being more than 40%. Image
Counsel submits that an elaborate committee of AIIMS doctors had come to the conclusion that if someone has over 40 percent disability then they might not be able to perform duties of a doctor

Adv: can refer this student to AIIMS who can be judged if fit for the MBBS course
Adv for petitioner: If i have a disability to not complete the course etc. ..

CJI: This is only a speech defect. you must look at the broader perspective of inclusion, have a broader framework, have someone from social justice ministry and also disability rights area
Read 5 tweets
Bar & Bench Profile picture
Dec 16
#SupremeCourt to hear appeal by accused in the Bhima Koregaon case Vernon Gonsalves against a Bombay High Court decision to deny default bail to him.

#bhimakoregaonviolence #bombayhighcourt #SupremeCourtOfIndia Image
Matter before Justices S Ravindra Bhat and JB Pardiwala.

Hearing starts.

#SupremeCourtOfIndia #bhimakoregaonviolence
ASG SV Raju: My counter is almost ready, can have it on reopening.

SC: We had asked earlier how much trial court will take.

Adv Rebecca John: It was said almost a year.
Read 4 tweets

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