Chief Justice of India Current Affairs

CJI first among equals, power to allocate work: SC

The Supreme Court has reiterated that Chief Justice of India (CJI) is first among equals and has exclusive prerogative to allocate cases and constitute benches. The ruling was given by SC bench led by the CJI Dipak Misra dismissing PIL that sought directions to regulate CJI’s power to form benches and allocate cases.

SC Ruling 

The CJI in his capacity as judge is primus inter pares, first among equals. In discharge of his other functions, CJI occupies position which is sui generis, in class by itself. Article 146 reaffirms position CJI as head of institution. From institutional perspective, CJI is placed at helm of SC. In the allocation of cases and constitution of benches, CJI has exclusive prerogative. CJI is institution in himself as he is repository of constitutional trust. The authority which is conferred upon CJI is vested in high constitutional functionary necessary for efficient transaction of administrative and judicial work of SC.

The ultimate purpose behind entrustment of authority to CJI is to ensure that SC is able to fulfil and discharge constitutional obligations which govern and provide rationale for its existence. The entrustment of functions to CJI as head of institution, is with purpose of securing position of SC as independent safeguard for preservation of personal liberty. There cannot be a presumption of mistrust. The oath of office demands nothing less.

Background

The ruling comes more than four months after five-judge Constitution Bench of Supreme Court asserted that CJI alone had power to draw up benches and allot work to them. This was also reaffirmed few days later by three-judge bench which dismissed a plea seeking a court-monitored probe into medical college admission scam allegedly involving former Orissa High Court judge. But the controversy over allocation of work by CJI in SC refused to ebb as its four most senior judges — Justices J Chelameswar, Madan B Lokur, Ranjan Gogoi and Kurian Joseph called an unprecedented press conference in January 2018 to raise questions about the conduct of CJI, especially on allocation of work.

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Justice Dipak Misra sworn in as 45th Chief Justice of India

Justice Dipak Misra (64) sworn in as the 45th Chief Justice of India (CJI). He was administered the oath of office by President Ram Nath Kovind at the Rashtrapati Bhawan.

He succeeds Chief Justice J S Khehar. He will have tenure of 14 months and will demit office in October 2018. He is third person from Odisha to be appointed the CJI, after Justices Ranganath Misra and G B Pattanaik.

About Justice Dipak Misra

Justice Dipak Misra was born on 3 October 1953 in Odhisha.  He is the nephew of Justice Ranganath Misra who was CJI from September 1990 – November 1991. He began his career as an advocate in 1977 and has practised in constitutional, civil, criminal, revenue, service and sales tax matters in the Orissa High Court and Tribunals before was elevated to the High Court bench.

He was appointed Additional Judge of the Orissa High Court in January 1996 and later was transferred to the Madhya Pradesh High Court in March, 1997 where he became a permanent judge. In 2009, Justice Misra was elevated as Chief Justice of the Patna High Court and later as the Chief Justice of the Delhi High Court in May, 2010.

He was elevated as a Judge of the Supreme Court in October 2011. In the apex court, he has already presided over several key cases and verdicts. He had led the SC bench which rejected the 1993 Mumbai serial blasts convict Yakub Memon’s appeal to stop his execution. He also had led a three judge SC bench which had upheld the death sentence awarded to the four convicts of the Nirbhaya rape case in May, 2017.

He also has given significant judgment directing states and UTs to upload First Information Reports (FIRs) filed with police on websites within 24 hours of their registration for enabling accused and others to file appropriate pleas in the courts for redress.

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Justice Dipak Misra appointed as 45th Chief Justice of India

President Ram Nath Kovind has appointed Justice Dipak Misra (63), senior-most judge of the Supreme Court as the next Chief Justice of India. He will be 45th CJI and succeeds Justice JS Khehar.

He will have tenure of over 13 months till October 2018. He will be the third person from Odisha to be appointed the CJI, after Justices Ranganath Misra and G B Pattanaik.

About Justice Dipak Misra

Justice Dipak Misra was born on 3 October 1953.  He is the nephew of Justice Ranganath Misra who was CJI from September 1990 – November 1991.

He had enrolled as an advocate in 1977 and had practised in constitutional, civil, criminal, revenue, service and sales tax matters in the Orissa High Court and Tribunals before was elevated to the High Court bench.

He was appointed Additional Judge of the Orissa High Court in January 1996 and later was transferred to the Madhya Pradesh High Court in March, 1997 where he became a permanent judge.

In 2009, Justice Misra was elevated as Chief Justice of the Patna High Court and later as the Chief Justice of the Delhi High Court in May, 2010. He was elevated as a Judge of the Supreme Court in October 2011. In Supreme Court he has already presided over several key cases and verdicts.

He had led the SC bench which rejected the 1993 Mumbai serial blasts convict Yakub Memon’s appeal to stop his execution. He also had led a three judge SC bench which had upheld the death sentence awarded to the four convicts of the Nirbhaya rape case in May, 2017.

He also has given significant judgment directing states and Union Territories to upload First Information Reports (FIRs) on websites within 24 hours of their registration for enabling accused and others to file appropriate pleas in the courts for redress.

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Justice JS Khehar sworn in as 44th Chief Justice of India

Justice Jagdish Singh Khehar was sworn in as 44th Chief Justice of India (CJI).

He was administered oath to the office by President Pranab Mukherjee at Rashtrapati Bhavan, New Delhi. With this, he became the first person from Sikh communitry to become the CJI.

Justice Khehar succeeded Tirath Singh Thakur who retired on 3 January 2017.  He will remain in office from January 4, 2017 till August 4, 2017 i.e. till he attains the age of 65.

About Jagdish Singh Khehar

  • Born on 28 August 1952. He was awarded the LL.B degree by the Panjab University, Chandigarh in 1977. Later he acquired the LL. M. qualification from the same University in 1979.
  • He was enrolled as an Advocate in 1979 and practiced mainly in Punjab and Haryana High Court, Chandigarh, Himachal Pradesh High Court, Shimla and the Supreme Court.
  • He was appointed as Additional Advocate General, Punjab in January 1992, and then as Senior Standing Counsel Chandigarh (UT). He was designated as Senior Advocate in February, 1995.
  • He was elevated to Bench of High Court of Punjab and Haryana in February 1999. He was appointed as Acting Chief Justice of Punjab and Haryana High Court twice in August 2008, and again in November 2009.
  • He was elevated as Chief Justice of the High Court of Uttarakhand in November 2009. Later he was transferred as Chief Justice of High Court of Karnataka, in August 2010.
  • He was elevated as Judge of the Supreme Court in September 2011. He is due to retire from Supreme Court in August 2017.
  • In SC, he had led the five-judge constitution bench which had struck down the NJAC Act and 99th Constitutional Amendment Act for appointment of judges.
  • He has also headed a SC bench that had set aside the imposition of President’s Rule in Arunachal Pradesh in January 2016.

 

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Justice JS Khehar appointed as 44th Chief Justice of India

Justice Jagdish Singh Khehar (64) will be the next Chief Justice of India (CJI). He will be the 44th CJI and shall succeed Chief Justice TS Thakur who retires on January 3, 2017.

Justice Khehar will be sworn in as the CJI by President Pranab Mukherjee on January 4, 2017. With this, he will be the first Sikh to become the CJI.

Justice Khehar’s name for appointment as the next CJI was recommended by SC collegium headed by Chief Justice TS Thakur. He would remain in office from January 4, 2017 till August 4, 2017 i.e. till he attains the age of 65.

About Jagdish Singh Khehar 

  • Born on 28 August 1952.
  • He was awarded the LL.B degree by the Panjab University, Chandigarh in 1977. Later he acquired the LL. M. qualification from the same University in 1979.
  • He was enrolled as an Advocate in 1979 and practiced mainly in Punjab and Haryana High Court, Chandigarh, Himachal Pradesh High Court, Shimla and the Supreme Court.
  • He was appointed as Additional Advocate General, Punjab in January 1992, and then as Senior Standing Counsel Chandigarh (UT). He was designated as Senior Advocate in February, 1995.
  • He was elevated to the Bench of High Court of Punjab and Haryana in February 1999. He was appointed as Acting Chief Justice of the Punjab and Haryana High Court twice in August 2008, and again in November 2009.
  • He was elevated as Chief Justice of the High Court of Uttarakhand in November 2009. Later he was transferred as Chief Justice of High Court of Karnataka, in August 2010.
  • He was elevated as Judge of the Supreme Court in September 2011. He is due to retire from Supreme Court in August 2017.
  • In SC, he had led the five-judge constitution bench which had struck down the NJAC Act and 99th Constitutional Amendment Act for appointment of judges.
  • He has also headed a SC bench which had set aside the imposition of President’s Rule in Arunachal Pradesh in January 2016.

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Justice T. S. Thakur sworn in as 43rd Chief Justice of India

Justice Tirath Singh Thakur was sworn in as 43rd Chief Justice of India (CJI).

He was administered oath to the office by President Pranab Mukherjee at Rashtrapati Bhavan, New Delhi.

Justice Thakur succeeded incumbent Justice H L Dattu who retired on 2 December 2015 and shall have the tenure till 4 January 2017 i.e. till he attains 65 age.

About Justice T. S. Thakur

  • He was born on January 4, 1952 and is the son of D.D. Thakur, who was a renowned advocate and eminent judge in the J&K High Court and later served as Union Minister.
  • Judicial career: Justice Thakur had enrolled as a Pleader in October 1972. Later, he started practising in the Jammu and Kashmir High Court.
  • He also had worked in Karnataka High Court, Delhi High Court and Punjab and Haryana High Court. He had worked as Chief Justice (CJ) of both Delhi High Court and Punjab and Haryana High Court. He was elevated as a judge of the Supreme Court in 2009.
  • In Supreme Court, Justice Thakur had headed of the bench which dealt with IPL spot-fixing scam. He also had headed of the bench which is monitoring the probe in the Saradha chit fund scam case.

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