In this article, we will learn about the new present “Chief Justice Of India (2018) Ranjan Gogoi and its Important Judgements with Criteria For Appointment Of CJI Or about Supreme Court Of India with its Powers.
About Ranjan Gogoi
- Born on November 18, 1954, at Dibrugarh.
- Son of former Assam CM Keshab Chandra Gogoi.
- Ranjan Gogoi religion is Hindu.
- Schooling at Don Bosco, Dibrugarh.
- Pre-University from Cotton College, Guwahati.
- Graduated in History from St. Stephens College, Delhi University.
- Post-graduation from Delhi University.
- Studied Law at Faculty of Law, DU.
- Joined the Bar in 1978 at Guwahati.
- Appointed Permanent Judge of Gauhati High Court on February 28, 2001.
- Became Chief Justice of Punjab and Haryana High Court on 12 February 2011.
- Elevated to SC in April 2012.
Justice Ranjan Gogoi Important Judgements
- Justice Gogoi was part of the Bench that ruled no one could contest elections without making a full disclosure of assets, educational, criminal antecedents.
- Part of the Bench that declined to attribute backward status to Jat community.
- Part of the Bench that restrained ruling parties from publishing photographs of political leaders in government-funded advertisements.
- Issued contempt notice against retired judge Justice Markandey Katju.
- Justice Katju had criticised SC verdict in Soumya rape and murder case.
- Judgment was authored by a bench headed by Justice Gogoi.
- Part of the seven-judge bench that held Justice Karnan of Calcutta High Court guilty of contempt of court.
- Justice Karnan had alleged corruption in the highest levels of the judiciary, caste discrimination.
- Struck down an amendment of UP govt to allow former CMs to retain possession of official accommodation.
- An introduced points-based system to decide which lawyers would be designated as senior advocates.
- Currently hearing NRC Assam case.
- NRC in Assam being prepared on Justice Gogoi’s orders.
History Of Collegium
- Justice A N Ray appointed CJI in 1973.
- His appointment superseded three senior judges.
- The decision triggered widespread protests by bar associations, legal groups across India.
- In 1977, Justice H R Khanna was replaced by Justice MU Beg as CJI
- Justice Khanna resigned in protest.
Three Judges Cases
- SP Gupta case in 1981, also known as First Judges case.
- Supreme Court’s consultation was taken only as a consideration 1993.
- Supreme Court Advocates on Record Association case.
- Justice JS Verma reversed earlier arrangement.
- Supreme Court’s advice laid down as binding.
- Transfer and appointment of judges to be done by the Collegium.
- Introduction of the Collegium system started with this case.
- In 1998, President sought the Supreme Court’s opinion on the meaning of the word ‘consultation.
- Nine-member bench led by Justice SP Bharuch ordered that Governor is above the legislature.
What Is Collegium System
- Committee of senior judges headed by Chief Justice of the Supreme Court.
- Committee decides on the appointment of judges.
- Comprises of CJI and four senior-most judges of the Supreme Court.
- Collegium also decides on the transfer of judges.
- Collegium can take decisions on promoting High Court judges to the Supreme Court.
Guidelines For The Collegium
- Consultation’ with Cul requires consultation with a plurality of judges in the formation of the opinion of CJI.
- Sole, individual opinion of CJI does not constitute consultation.
- CJI can only recommend the appointment of an SC judge, and to transfer Chief.
- Justice or another judge of a HC in consultation with four senior-most judges of SC.
- For High Courts, the recommendation must be made in consultation with the two senior-most SC judges.
- Strong cogent reasons not to be recorded as justification for departure from the order of seniority.
- What has to be recorded is the ‘positive reason for the recommendation.
- Views of the judges consulted should be in writing and should be conveyed to the GOI by the CJI.
- Cul’s views to the extent set out in the body of this opinion also to be included.
- CJI obliged to comply with norms and requirement of the process in making his recommendations.
- Recommendations by CJI without such compliance not binding upon the government.
- Transfer of High Court judges judicially reviewable if the CJI took a decision without
- consulting other four judges in the Supreme Court collegium.
- Review also if the views of the Chief Justices of both High Courts involved in the transfer not obtained.
- CJI not entitled to act in his individual capacity, without consultation other judges of the SC,
- regarding materials and information conveyed by the govt for non-appointment of judge recommended for appointment.
- CJI can consult any of his colleagues on the appointment of a HC judge to the Supreme Court or his/her transfer.
- Consultation need not be limited to colleagues who have occupied the office of a judge or Chief Justice of that particular High Court
Criteria For Appointment Of CJI
- Article 124 (3)
- Must be a citizen of India.
- Served as a High Court judge for at least 5 years.
- Served as a High Court advocate for 10 years.
- Distinguished jurist.
Article 124 (4)
- Retirement on completion of 65 years
- Grounds for removal: Proven misbehaviour, incapacity
Supreme Court Of India
- Originally consisted of Chief Justice of India and 7 Judges.
- Parliament increased the number of judges.
- Act enacted to increase the number of judges.
- In 1956, judges were increased from 7 to 10.
- In 1960, the number of judges increased to 13.
- In 1977, the number of judges went up to 17.
- In 1986, number of judges was raised to 26
- In 2008, the number of judges increased to 31.
- Supreme Court came into existence on January 28, 1950.
- Inaugural session in the Chamber of Princes in Parliament.
- In 1958, the Supreme Court moved to its present premises.
- Every Supreme Court Judge is appointed by the President.
Powers Of Supreme Court
- Supreme Court controls entire judicial system.
- Acts as the guardian of the Constitution.
- Custodian of Fundamental Rights of citizens.
- Sole interpreter of the Constitution.
- Article 129 deals with contempt of court.
- Article 131 its original jurisdiction in any dispute.
- Power to settle disputes between govt and States or between states.
- The final court of appeal of the country.
- Article 137 allows it to review its own orders or earlier judgements.
- Can withdraw cases pending before High Courts.