Dipak Misra Current Affairs - 2019
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Justice Ranjan Gogoi will be become 46th Chief Justice of India succeeding incumbent Dipak Misra. His name was recommended incumbent CJI Dipak Misra by following convention of recommending next senior most Supreme Court judge. With this, Justice Ranjan Gogoi will become first CJI from north-eastern region. He will have tenure of about 13 months, from October 3, 2018 till his retirement on November 17, 2019.
Justice Ranjan Gogoi
Justice Gogoi was born on November 18, 1954. He is a native of Assam and is son of former Assam Chief Minister Keshab Chandra Gogoi. He had joined Bar in 1978 and practiced mainly in Gauhati High Court. He was appointed as permanent judge of High Court in February 2001. He was transferred to Punjab and Haryana High Court in September 2010 and was appointed its Chief Justice in February 2011. He was elevated to the Supreme Court in April 2012.
In Supreme Court, Justice Gogoi had led important benches that have dealt largely with issue of corruption in politics and public life. He has led apex court bench which ordered Centre to set up special courts to exclusively try MPs and MLAs as means to de-criminalise politics. His Bench is also monitoring progress made by government in appointment of anti-corruption ombudsman Lokpal.
Justice Gogoi was one of the four most senior Supreme Court judges (along with Justices J Chelameswar, M B Lokur and Kurian Joseph) who held January 12, 2018 press conference bringing up issue of selective assignment of sensitive cases by recent CJIs to certain judges in the Supreme Court.
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.
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.
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.