Judges Cases | SP Gupta, SCAORA 2nd Judge Case, In Re Presidential Reference 3rd Judge & NJAC Case
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Judges Cases | SP Gupta,
Judges Cases | SP Gupta, SCAORA 2nd Judge Case, In Re Presidential Reference 3rd Judge & NJAC Case
Judges Transfer cases have their history starting from commencement of Constitution of India. But tussle became open with the pronouncement of Kesavananda Bharati Judgment in 1973 when Apex court with majority decision decided to lay down principle of Basic Structure or Essential Features Doctrine. However it took few more years to Judiciary to assert its independence which started only after the Emergency period of Indira Gandhi regime was over by 1977. During emergency Indira Gandhi Government transferred large no. of High Court Judges who's orders were not favorable to the government of the time. Sankalchand Seth Case was one such case where High Court Judge of Gujarat challenged his transfer to Andhra Pradesh High Court. Later on SP Gupta vs Union of Case in court and a constitution bench decided this case in favour of executive and this case is known as 1st judge case / First Judge Case. One decade later Supreme Court Advocate on Record Association vs Union of India was decided in which primacy of CJI over executive was decided and this case is known as 2nd Judges Case / Second Judge Case. Few years later in a presidential reference court upheld the Primacy of CJI over Executive but collegial system of five seniormost Supreme Court Judges was to decide upon appointment of Supreme Court Judges while in other matters of High Court Judges appointment and transfer 3 seniormost judges were left as per SCAORA vs Union of India and this case was known as 3rd Judge case /Third Judge Case. Almost after one and half decade later NJAC National Judicial Appointment Commission was constituted through Constitutional Amendment but in a challenge by Supreme Court Advocate on Record Association vs Union of India supreme court declared NJAC as unconstitutional as it violated the basic structure of Indian Constitution as independence of Judiciary and that is said to be the one of the Basic Feature of Indian Constitution. Law Minister of the Day i.e. Ravi Shankar Parasad in a recent lecture has questioned the judgment of NJAC citing certain issues...
Judges Transfer cases have their history starting from commencement of Constitution of India. But tussle became open with the pronouncement of Kesavananda Bharati Judgment in 1973 when Apex court with majority decision decided to lay down principle of Basic Structure or Essential Features Doctrine. However it took few more years to Judiciary to assert its independence which started only after the Emergency period of Indira Gandhi regime was over by 1977. During emergency Indira Gandhi Government transferred large no. of High Court Judges who's orders were not favorable to the government of the time. Sankalchand Seth Case was one such case where High Court Judge of Gujarat challenged his transfer to Andhra Pradesh High Court. Later on SP Gupta vs Union of Case in court and a constitution bench decided this case in favour of executive and this case is known as 1st judge case / First Judge Case. One decade later Supreme Court Advocate on Record Association vs Union of India was decided in which primacy of CJI over executive was decided and this case is known as 2nd Judges Case / Second Judge Case. Few years later in a presidential reference court upheld the Primacy of CJI over Executive but collegial system of five seniormost Supreme Court Judges was to decide upon appointment of Supreme Court Judges while in other matters of High Court Judges appointment and transfer 3 seniormost judges were left as per SCAORA vs Union of India and this case was known as 3rd Judge case /Third Judge Case. Almost after one and half decade later NJAC National Judicial Appointment Commission was constituted through Constitutional Amendment but in a challenge by Supreme Court Advocate on Record Association vs Union of India supreme court declared NJAC as unconstitutional as it violated the basic structure of Indian Constitution as independence of Judiciary and that is said to be the one of the Basic Feature of Indian Constitution. Law Minister of the Day i.e. Ravi Shankar Parasad in a recent lecture has questioned the judgment of NJAC citing certain issues...
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در تاریخ 1399/03/09 منتشر شده
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