#CJI Bench Live

[rightnewshindi]

एडीआर की याचिका पर सुप्रीम कोर्ट ने स्वीकारी प्रशांत भूषण की दलील, केंद्र सरकार की बढ़ सकती है मुश्किलें

एडीआर की याचिका पर सुप्रीम कोर्ट ने स्वीकारी प्रशांत भूषण की दलील, केंद्र सरकार की बढ़ सकती है मुश्किलें

Supreme Court News: लोकसभा चुनाव से ठीक पहले चुनाव आयुक्त अरुण गोयल ने इस्तीफा दे दिया था। इसके बाद चुनाव आयोग के दो पद खाली हो गए थे। अब केंद्र सरकार ने दोनों पदों को भरने के लिए कवायद शुरु कर दी है लेकिन अब इस पर ग्रहण लग सकता है। क्योंकि एक गैर-सरकारी ��ंगठन ने केंद्र सरकार के चुनाव आयुक्तों के नियुक्ति के लिए बनाए गए समिति के खिलाफ उच्चतम न्यायालय का रुख किया है। बता दें कि प्रशांत भूषण ने…

[news365timesindia]

[ad_1] GG News Bureau New Delhi, 26th Nov. Chief Justice of India, Sanjiv Khanna, emphasized the pivotal role of India’s Constitution in shaping the nation into a vibrant democracy and a geopolitical leader. Speaking at the Constitution Day function organized by the Supreme Court Bar Association (SCBA) on Tuesday, Justice Khanna reflected on India’s transformative journey from a nation scarred by partition, widespread illiteracy, and poverty to one that stands as a self-assured leader. “It is today a way of life that has to be lived up to,” Justice Khanna remarked, underscoring the Constitution’s enduring impact on India’s growth. The nation, he noted, had moved from a lack of a robust democratic system to one that is now a force to reckon with on the global stage. The Constitution, he asserted, played a key role in this transformation. Constitution Day, observed annually on November 26 since 2015, marks the adoption of the Indian Constitution by the Constituent Assembly in 1949. The day was previously celebrated as Law Day. During the event, Attorney General R. Venkataramani and SCBA president Kapil Sibal also addressed the gathering. In his speech, Justice Khanna acknowledged the crucial role of the Bar in the functioning of the judiciary. He stated, “Judiciary equally represents the Bar.” Drawing from his experience, Justice Khanna emphasized that the judiciary cannot function without the involvement of Bar members, stressing that a stronger Bar contributes to better judges. Reflecting on his own journey, Justice Khanna shared that he was a member of the Bar from 1983 to 2005 before his elevation to the bench. He highlighted the Supreme Court’s strong legacy in landmark decisions across various fields such as environmental law, privacy laws, and fundamental rights, attributing much of this success to the Bar. The CJI also addressed various initiatives taken to improve the judicial system, including setting up notice boards outside courtrooms to display physical cause lists and improving Wi-Fi services in the Supreme Court. He discussed the changes to the adjournment system, revealing that the number of adjournment applications had significantly decreased, from around 100 applications a day to about 150 a month, under the new system. Justice Khanna concluded by calling for introspection on Constitution Day. “It is a day when we look at the scorecard. We have good scores but there are issues that we must tackle,” he said. He emphasized the importance of unified efforts from both the judiciary and the Bar to address these challenges and continue India’s journey of legal and constitutional excellence. The post India’s Transformation is Backed by the Constitution: CJI Khanna on Constitution Day appeared first on Global Governance News- Asia's First Bilingual News portal for Global News and Updates. [ad_2] Source link

[news365times]

[ad_1] GG News Bureau New Delhi, 26th Nov. Chief Justice of India, Sanjiv Khanna, emphasized the pivotal role of India’s Constitution in shaping the nation into a vibrant democracy and a geopolitical leader. Speaking at the Constitution Day function organized by the Supreme Court Bar Association (SCBA) on Tuesday, Justice Khanna reflected on India’s transformative journey from a nation scarred by partition, widespread illiteracy, and poverty to one that stands as a self-assured leader. “It is today a way of life that has to be lived up to,” Justice Khanna remarked, underscoring the Constitution’s enduring impact on India’s growth. The nation, he noted, had moved from a lack of a robust democratic system to one that is now a force to reckon with on the global stage. The Constitution, he asserted, played a key role in this transformation. Constitution Day, observed annually on November 26 since 2015, marks the adoption of the Indian Constitution by the Constituent Assembly in 1949. The day was previously celebrated as Law Day. During the event, Attorney General R. Venkataramani and SCBA president Kapil Sibal also addressed the gathering. In his speech, Justice Khanna acknowledged the crucial role of the Bar in the functioning of the judiciary. He stated, “Judiciary equally represents the Bar.” Drawing from his experience, Justice Khanna emphasized that the judiciary cannot function without the involvement of Bar members, stressing that a stronger Bar contributes to better judges. Reflecting on his own journey, Justice Khanna shared that he was a member of the Bar from 1983 to 2005 before his elevation to the bench. He highlighted the Supreme Court’s strong legacy in landmark decisions across various fields such as environmental law, privacy laws, and fundamental rights, attributing much of this success to the Bar. The CJI also addressed various initiatives taken to improve the judicial system, including setting up notice boards outside courtrooms to display physical cause lists and improving Wi-Fi services in the Supreme Court. He discussed the changes to the adjournment system, revealing that the number of adjournment applications had significantly decreased, from around 100 applications a day to about 150 a month, under the new system. Justice Khanna concluded by calling for introspection on Constitution Day. “It is a day when we look at the scorecard. We have good scores but there are issues that we must tackle,” he said. He emphasized the importance of unified efforts from both the judiciary and the Bar to address these challenges and continue India’s journey of legal and constitutional excellence. The post India’s Transformation is Backed by the Constitution: CJI Khanna on Constitution Day appeared first on Global Governance News- Asia's First Bilingual News portal for Global News and Updates. [ad_2] Source link

[fundamentalrights]

Private Property can Be Considered “material resources of the community” #article39(b)

#supremecourt #Article39(b) #dpsp  #SupremeCourtDebate #Article39bDebate #MaterialResources #privatepropertyrights

The Big debate

The Supreme Court on Tuesday (23 April) commenced hearing on the issue whether private property can be brought under “material resources of the community” which the state is called upon to distribute equally as per Article 39(b) of the Constitution.

BENCH:

The nine-judge bench, comprising Chief Justice of India D Y Chandrachud, Justices Hrishikesh Roy, Abhay S Oka, B V Nagarathna, J B Pardiwala, Manoj Misra, Ujjal Bhuyan, Satish Chandra Sharma and Augustine George Masih, is hearing the case.

Article 39(b) of the Constitution of India places an obligation on “The State” to create policy towards securing “that the ownership and control of the material resources of the community are so distributed as best to subserve the common good”.

This provision falls under Part IV of the Constitution titled “Directive Principles of State Policy”, which are meant to be guiding principles for the enactment of laws, but are not directly enforceable against citizens.

Bombay High Court, Constitution Bench, Directive Principles of State Policy, private property, Supreme Court #SupremeCourtDebate #Article39bDebate #MaterialResources #PrivatePropertyRights #ConstitutionalDebate #SCDirectivePrinciples #DPSP #EqualityBeforeLaw #LegalPrinciples #ConstitutionBench #directiveprinciples

Article 39(b),DPSP,Constitution,Constitutional bench,CJI,Supreme Court,Live,today,Constitution Bench,Article 39(b) Of DPSP,Indian constitution,Fundametal right,Material resources,Article39,Article 14,Article 19,Article 39(c),Article 39(c) of DPSP,directive principles of state policy,Aritcle 21

[legalupanishad]

Supreme Court Denies Legalizing: Same-Sex Marriages

This article on 'Supreme Court Denies Legalizing Same-Sex Marriages in a 3:2 Verdict' was written by Ishika Agarwal, an intern at Legal Upanishad.

Introduction

Since ancient times, marriage has been regarded as a sacred thread creating a bond between two people, and this bond not only connects two souls but also two families. In the past, marriage was only possible between a man and a woman. The concept of same-sex marriage or gay marriage did not exist at that time. Those who solemnized their marriage and lived together got legal and social recognition. Both statutory and personal laws have recognized heterosexual marriage, i.e., marriage between the opposite gender. However, marriage between people of the same sex was not recognized until recent times. There are only a few countries around the world that have given legal recognition to same-sex marriages. India has not accepted or granted legal recognition to same-sex marriage. In this article, we will discuss the recent decision of the Supreme Court regarding same-sex marriages in India.

Background of the case

There was a total of 21 petitions filed by various same-sex couples, LGBTQIA+ activists, and transgender persons. These petitions took issue with the Special Marriage Act 1954, the Hindu Marriage Act 1955, and the Foreign Marriage Act 1969. These petitions were transferred to the Constitutional bench of the Supreme Court on January 6, 2023. The petitioners, who are supported by prominent lawyers such as Mukul Rohatgi, Abhishek, Manu Singhvi, Raju Ramachandran, Anand Grover, Geeta Luthra, K V Viswanathan, Saurabh Kirpal, and Menaka Guruswamy have highlighted the rights of LGBTQIA+ individuals and urged the court to recognize such a union, which would enable them to lead a life of dignity comparable to that of heterosexual couples. They also urged that same-sex marriage should be given legal recognition under the Special Marriage Act so that they can avail the other benefits. The Solicitor General of India, Tushar Mehta, representing the Union of India, argued that a total of 160 laws would be affected if marriage equality was granted and further added that it is the Parliament that can make, amend, or repeal the laws and Courts have not been conferred with such powers. Contact Us and avail the best assignment help for students available online! Further, the Union Government indicated its willingness to set up a committee to determine whether certain privileges can be bestowed upon same-sex and queer couples without formally recognizing their relationship as a form of marriage. Senior advocate Rakesh Dwivedi, representing Madhya Pradesh State, opposed the petition along with senior advocate Kapil Sibal and senior advocate Arvind Datar.  The high-profile case was heard by a panel of five judges of the Supreme Court of India, including Chief Justice of the Union of India DY Chandrachud, comprising Justices SK Kaul and S Ravindran Bhat. The other members of the panel were Justices Hima Kohli and P. S. Narasimha.

Other countries' views on same-sex marriage

According to the Human Rights Campaign, a US-based LGBTQ advocacy group, 32 countries have recognized gay marriage. This marriage is recognized by court rulings only in 10 countries. These countries include the US, Australia, Ireland, Switzerland, South Africa, Taiwan, Argentina, and Canada. In the year 2019, Taiwan became the first country in Asia to legalize gay marriage. Most other countries around the world have already passed laws to allow same-sex couples to get married.

Judgement of the Supreme Court

On Tuesday, i.e., October 17, 2023, the constitutional bench of the Supreme Court pronounced four judgements that were written by CJI DY Chandrachud, Justice SK Kaul, Justice Ravindra Bhat, and Justice PS Narasimha, respectively. CJI DY Chandrachud and Justice SK Kaul agreed, while Justice Ravindra Bhat, Justice Hima Kohli, and Justice PS Narasimha agreed on the same opinion.

Judgement of CJI DY Chandrachud

The Chief Justice of India (CJI) ruled that the Court of Justice is not able to invalidate the Special Marriage Act (SMA) as the Parliament and State Legislature have the exclusive power to do so, leaving the decision-making to them. The Court further asserted that any invalidity of the SMA would result in the loss of the advantages of progressive legislation. Furthermore, he said that the guidelines of the Central Adoption Resource Authority (CARA), a government agency under the Ministry of Women and Child Development, discriminate against atypical, unmarried couples adopting a child, thus violating Article 15 of the Constitution, and held that unmarried couples, including queer couples, can jointly adopt a child. He was in favour of the recommendation made by the Union government to constitute a committee to determine the rights and entitlements of queer couples.

Judgement of Justice SK Kaul

Judge Kaul concurred with the view of the Chief Justice of India (CJI) that civil unions for same-sex couples should be recognised by law and that this is an important step towards achieving marriage equality.

Judgement of Justice Ravindra Bhat

He disagreed with the judgement of CJI DY Chandrachud and said that civil unions can only be granted via enacted laws. However, he also favoured the recommendation made by the Union Government. He further added that the present case is very different from previous cases in the way that previous cases were related to the protection of citizens’ rights from violence or harm caused to them by the state. He submitted that the right to marry is not a fundamental right. Justice Bhat stated that the Court does not have the power to constitute a legal framework in this regard, as there are several grounds that need to be taken into consideration, and it is only the legislature that can do so.

Judgement of Justice PS Narasimha

Consenting with Justice Ravindra Bhat, Justice PS Narasimha said that the right to marry is a statutory right and not a constitutional right. He further agreed with Justice Ravindra Bhat with respect to the CARA regulations and said that unmarried couples, including queer couples, do not have the right to adopt, and these regulations could not be declared unconstitutional. With respect to schemes of gratuity, pensions, insurance, etc. that are not applicable to queer couples, legislative policies in that respect should be taken into consideration.

Conclusion

The Supreme Court refused to give constitutional validity to same-sex marriages by a 3:2 majority and also held civil unions unconstitutional. The Supreme Court accepted the recommendation of the Union Government, as stated by the Solicitor General of India, to constitute a high-powered committee to examine the rights, entitlements, and other concerns related to same-sex couples but refused to validate the adoption by unmarried couples and queer couples.

Reference

'Same-Sex Marriage Verdict: SC refuses to give marriage equality rights to LGBTQIA+ community in India', LiveMint, 17 October 2023, Available at: https://www.livemint.com/news/samesex-marriage-verdict-live-updates-supreme-court-verdict-lgbtqia-special-marriage-act-cji-chandrachud-11697505822651.html Padmakshi Sharma, Supreme Court To Pronounce Judgement In Same-Sex Marriage Case Tomorrow, LiveLaw, 16 October 2023, available at: https://www.livelaw.in/amp/top-stories/supreme-court-to-pronounce-judgement-in-same-sex-marriage-case-tomorrow-240282 'Same-sex marriage: Key points from Supreme Court verdict', Times of India, 17 October 2023, available at: https://timesofindia.indiatimes.com/india/same-sex-marriage-key-points-from-supreme-court-verdict/articleshow/104486756.cms?from=mdr Read the full article

[todaynewsguru]

SC confirms bail for Anand Teltumbde: What is the Elgar Parishad case and the accused?

SC confirms bail for Anand Teltumbde: What is the Elgar Parishad case and the accused?

What the court said A Bench comprising Chief Justice of India (CJI) D Y Chandrachud and Justice Hima Kohli declined to interfere with the HC order of November 18. The HC Bench comprising Justices A S Gadkari and Milind Jadhav had said prima facie “it cannot be concluded that Teltumbde has indulged in a terrorist act”. According to a report by Live Law, on Friday, CJI Chandrachud asked counsel for…

[rafi1228]

CJI Chandrachud Has Much To Live Up To

CJI Chandrachud Has Much To Live Up To

Supreme Court Judge Justice DY Chandrachud. (Image : ANI) With being part of several Supreme Court Benches which have ruled in favour of gender and personal rights, the newest Chief Justice of India, Justice DY Chandrachud’s term will have many expectations to live up to.   He has been part of landmark judgments; take the Sabarimala case where the majority Bench in September of 2018 ruled the…

[thepursuitroom]

SC will Bid Farewell to Chief Justice Lalit Today

New Delhi: The Supreme Court will live stream the proceedings of the ceremonial bench headed by Chief Justice of India (CJI) Uday Umesh Lalit on Monday as it will be his last working day. CJI Lalit will be retired on November 8, which is a court holiday due to Guru Nanak Jayanti.

[znewstech]

CJI U U Lalit-Led Ceremonial Bench Proceedings To Be Live Streamed On Monday

CJI U U Lalit-Led Ceremonial Bench Proceedings To Be Live Streamed On Monday

CJI Lalit will be superannuating on November 8. (File) New Delhi: The Supreme Court will live stream the proceedings of the ceremonial bench headed by Chief Justice of India U U Lalit on Monday as it will be his last working day. CJI Lalit will be superannuating on November 8, which is a court holiday due to Guru Nanak Jayanti. The ceremonial bench will assemble in the post-lunch session of the…

[squarwell-breakingnews]

CJI U U Lalit-Led Ceremonial Bench Proceedings To Be Live Streamed On Monday

CJI U U Lalit-Led Ceremonial Bench Proceedings To Be Live Streamed On Monday

CJI Lalit will be superannuating on November 8. (File) New Delhi: The Supreme Court will live stream the proceedings of the ceremonial bench headed by Chief Justice of India U U Lalit on Monday as it will be his last working day. CJI Lalit will be superannuating on November 8, which is a court holiday due to Guru Nanak Jayanti. The ceremonial bench will assemble in the post-lunch session of the…

[newslobster]

CJI U U Lalit-Led Ceremonial Bench Proceedings To Be Live Streamed On Monday

CJI U U Lalit-Led Ceremonial Bench Proceedings To Be Live Streamed On Monday

CJI Lalit will be superannuating on November 8. (File) New Delhi: The Supreme Court will live stream the proceedings of the ceremonial bench headed by Chief Justice of India U U Lalit on Monday as it will be his last working day. CJI Lalit will be superannuating on November 8, which is a court holiday due to Guru Nanak Jayanti. The ceremonial bench will assemble in the post-lunch session of the…

[dailynews9]

Trying for the national platform for the live telecast of trials '

Trying for the national platform for the live telecast of trials ‘

New Delhi: The Supreme Court’s e – Committee, headed by CJI – designate Justice DY Chandrachud, is working. ing for the creation of a national platform on which live streaming links for all court proceedings, from the highest court to the trial courts, will be available and accessible to every citizen. This was revealed by a bench of Justices Chandrachud and Hima Kohli while hearing a petition…

[tumbirus]

View this post on Instagram

A post shared by WORLD HUMAN RIGHTS COMMITEE (@worldhumanright)

Good Evening,The supream Court is headed by the 49th Chief justice of India,Justce U.U.Lalit,who will have a tenure of less than three months.Althoug it is too early to make any substantial remarks of his ternur ,in the short time that he has been in office , Justice Lalit has already shown that the registry can be reformed though improving process of filing and listening of cases .He has also taken initivates in the formation of benches and certain intails orders that he has given ,e.g..,in the kappan and Setalvad cases ,granting bail to individuals where the original indictment itself was without basis .All these developments hold promise for the judiciary,and there is hope that the Suprem Court will live up to its functions of being the true custodian of the constitution and protector of fundamental rights that it was once meant to be . In the coming decades ,the Suprem Court will continue to face challenges from multiple fronts , particularly the executive .it will also have newar responsibility of strengthening the Indian judiciary, especially the lower courts,which seem to have falters in recent times in many respects .A dynamic and thoughtful leadership ,supported by puisne judges ,should be responsablities are met appropriately.The Supream Court of India ,as also the office of the CJI ,will continue to evolve ,but hopefully ,they will do so in the right direction .Litterly what do ,not any do ,this job checking one debeat making one useless and abuse media ,anchors and journalist are warning ,public money and political leaders money eating one's any judgement no more want to India ,Indian terrorist category is Indian media s are world under today ,need and true matter true path under not seeing or telicasting one media block ,anchors and journalist life jail coustudy making one rule making to social justce in India ,same political leaders and any radical religious group and leaders are warning ,no more public life violating ,vote cheating ,fake word spreading ,rape ,murder and any other crime activities making one's are not excuse. https://www.instagram.com/p/CivIaa0u3bB/?igshid=NGJjMDIxMWI=

[mankavitlawacademy]

Did you know ? Former CJI N. V. Ramana ensured the appointment of 11 Judges in the Apex Court and over 220 Judges in High Courts. On his last day as the CJI, he ensured live streaming of SC proceedings of the ceremonial bench headed by him, implementing the 2018 verdict which allowed such webcasts. . . . . Registration for 2023 LLM Entrances is going on. Visit www.mankavit.com or call at 7979700796 for more details. #law #supremecourtofindia #legalknowledge #legalknowhow #india #legalissues👨‍⚖️ #lawyers #48thchiefjusticeofindia #cji #nvramanacji #nvramana #uulalit #pegasus #bilkisbano #bilkisbanocase #sedition #freebies #shivsena #pmla #legal #september #clatpg2023preparation #clatpg2023 #onlinecoachingforllm #onlinecoaching #llmentrance #llmcoaching #llmonlinecoaching #ailetpg2023 #coachingforllmentrance https://www.instagram.com/p/CiM8CPNvuXb/?igshid=NGJjMDIxMWI=

[theechudar]

Supreme Court to live steam proceeding of CJI's court | India News

Supreme Court to live steam proceeding of CJI’s court | India News

The proceeding of the bench headed by CJI N V Ramana will be live streamed through a webcast portal. Incumbent Ramana is to demit office Friday. NEW DELHI: For the first time since its inception, the Supreme Court on Friday will live stream proceedings. The proceeding of the bench headed by CJI N V Ramana will be live streamed through a webcast portal. Incumbent Ramana is to demit office Friday.…

[breakingnewsstorytoday]

The Supreme Court on Monday agreed to hear a PIL seeking action against those who made hate speeches during the recent “Dharam Sansad” held at Haridwar in Uttarakhand. A bench headed by Chief Justice NV Ramana took note of the submissions of senior advocate Kapil Sibal that no action has been taken against those who made the hate speeches despite the registration of an FIR.

“I have moved this PIL in respect of what happened in Dharam Sansad in Haridwar on December 17 and 19. We are living in difficult times where slogan in the country has changed from Satyamev Jayate to Shashtramev Jayate,” Sibal said. “All right, we’ll take up the matter,” the CJI said.

Sibal also told the bench that though the Uttarakhand Police has registered an FIR, no arrests were made against the speakers who made vitriolic speeches.

After the CJI asked whether any enquiry was already on in the case, Sibal said, “The FIRs have been filed, no arrests have been made. This is in the State of Uttarakhand. No action will be taken without the intervention of your lordships”.