हिंदी समाचार पढ़े
Expand
O.P. Jindal Global University
 
Home / Latest News / Big integrity test for SC collegium; call on appointing SC Judge’s brother as HC Judge

Big integrity test for SC collegium; call on appointing SC Judge’s brother as HC Judge

January 10, 2019:

The Supreme Court collegium’s claims of transparency is soon set to face a critical test.

Supreme Court
Supreme Court

The collegium will have to take a call on appointing Vishal Mishra as a judge of the Madhya Pradesh High Court.

Vishal Mishra happens to be the younger brother of Supreme Court judge Arun Mishra, who is a member of the larger five-judge Supreme Court collegium which decides on appointments to the apex court.

Though the appointments to High Courts are decided by a smaller, three-member collegium.

Arun Mishra won’t be in the room when his brother’s name is discussed.

But according to existing procedure, he will be asked to give his views on all the names recommended by the High Court collegium, because the MP High Court is his parent High Court.

There is a chance that the SC collegium will reject the younger Mishra’s name since he was below the mandatory age of 45 when he was recommended by the MP High Court collegium in Sept 2018.

It is understood that the Central Govt. has conveyed its views to the Chief Justice of India on the issue of Vishal Mishra not fulfilling the age criteria.

Arun Mishra was himself the subject of much speculation last year when four senior Supreme Court judges held their unprecedented press conference against then-Chief Justice of India Dipak Misra. One of the main issues the four judges raised was that Dipak Misra was “selectively assigning” cases to benches not including the most senior judges.

Although the four judges did not name him, it was common knowledge in legal circles that Dipak Misra had passed on several of these cases to his ‘friend’ Arun Mishra.

Arun Mishra’s father H.G. Mishra was also a judge of the Madhya Pradesh high court.

Question of transparency

The Modi Govt. has been insisting that the collegium system should be more transparent in its functioning and take steps to put an end to the system of kin of judges being given preferential treatment while appointing judges.

One reason the BJP-led NDA government pushed the NJAC Act, which received near-unanimous support in Parliament — only BJP rebel and senior advocate Ram Jethmalani refused to support it — was because the collegium was seen as promoting the ‘uncle judge syndrome’, with kin and juniors of serving and retired judges being appointed judge, overlooking claims of better-suited lawyers.

Age Factor

In recent years, the Supreme Court collegium has rejected several names recommended by High Court collegiums that didn’t fulfill the age criteria following the norm laid down in the Memorandum of Procedure (MoP) which guides appointments to higher judiciary.

According to the MoP, the min. age for the appointment of a lawyer as a High Court judge is fixed at 45 yrs while the max. is 55.

For elevation of district court and sessions judges to the High Court bench, the MoP has fixed the maximum age at 58-and-a-half years.

The age clause was introduced on the insistence of the Narendra Modi government after the Supreme Court struck down the National Judicial Appointments Commission (NJAC) Act.

The Govt’s view was that the age criteria would go a long way in ensuring uniformity and transparency in the process of appointments in the high courts, since it would check misuse of the unaccounted discretion by members of the collegium while clearing names.

Source Link

Facebook Comments

Belts are for Dogs Belts are for Dogs State of Affairs Women Safety: State of Affairs             pic by mangal

Hindu

Cartoon If India takes One Step, we will take Two by Satish If India takes One Step, we will take Two ...................by Satish [caption id="attachment_97474" align="alignleft" width="621"]Donald Trump’s immigration ban Donald Trump’s immigration ban[/caption] Demonitisation Diaries 2 Demonitisation Diaries 2  pic by sify Tax Reforms    by Hindu Tax Reforms by Hindu America First Walk Your own Talk

TOI

[caption id="attachment_97462" align="alignleft" width="524"]Painting India Saffron Painting India Saffron[/caption] TOI [caption id="attachment_97477" align="alignleft" width="621"]UIDAI Leaks UIDAI Leaks[/caption]

TOI

Hindu Hindu Pic by Hindu Women Empowerment and Sports Women Empowerment and Sports Alligator vs Litigator Alligator vs Litigator

Hindu

[caption id="attachment_97467" align="alignleft" width="621"]Humour with Latest Laws Humour with Latest Laws[/caption]

Hindu

TOI

Hindu Hindu

IBN IBN

Demonitisation Diaries 1 Demonitisation Diaries 1                                  pic by sify   TOI TOI Delivery Boy Delivery Boy                    by Satish TOI

TOI

Hindu

TOI

Auto Driver thrashed for no fault Auto Driver thrashed for no fault,                  source oneindia Hindu Hindu

TOI

Acheche DIn Acheche Din     pic by sify 150425_-_farmers_a_2384764f

Hindu

Hindu

Hindu

Time to straighten up Time to straighten up                pic by TOI

TOI

pinterest

Lawyers Bearing the Burden Literally Lawyers Bearing the Burden Literally pic by OMG

TOI

Hindu Four Pillars of Democracy Four Pillars of Democracy             by Satish Job Hazards Humour @ Latest Laws Achhey Din Humour @ Latest Laws: Achhey Din ALL_1_Theme_01A_24_2383617g

Hindu

Let Justice Be Let Justice Be TOI State of Two Nations State of Two Nations               pic by sandeep Hindu

Hindu

...as an eminent lawyer you ought to know that your action tantamount to, under Section B, sub-section G.VIX, read along with I.P.C. (A) XI (B), notwithstanding...                                        TOI

TOI

Missing the Point Missing the Point pic by english blog

Hindu

TOI

Demonitisation Diaries Demonitisation Diaries                                                       by sify Hindu

Hindu

Hindu Hindu

Soaring of Oil Prices pic by indiaone Hindu Hindu
 
 
 

Check Also

NSA Ajit Doval

Congress alleges NSA Ajit Doval’s son started Cayman Islands hedge fund days after demonetisation

January 17, 2019: Ajit Doval’s son Vivek started a hedge fund in Cayman Islands days after demonetisation. The Congress on Thursday alleged National Security Adviser Ajit Doval’s son Vivek started a hedge fund in Cayman Islands days after demonetisation and ...

Leave a Reply

Your email address will not be published. Required fields are marked *

Latest laws

Join our mailing list to receive the Latest Laws News and updates from our team.