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CJI Gavai Flags Urgent Need For Reforms In Indian Legal System, Says Badly Need Fixing
CJI Gavai Flags Urgent Need For Reforms In Indian Legal System, Says Badly Need Fixing

India.com

time12-07-2025

  • Politics
  • India.com

CJI Gavai Flags Urgent Need For Reforms In Indian Legal System, Says Badly Need Fixing

New Delhi: Chief Justice of India B.R. Gavai on Saturday said that the Indian legal system has been facing unique challenges and is badly in need of fixing. Delivering the convocation address at Nalsar University of Law in Hyderabad, he said that the country and legal system are facing unique challenges. "Delays in trials can sometimes go for decades. We have seen cases where someone has been found innocent after spending years in jail as an undertrial. Our best talent can help us resolve the problems that we are facing," he said. "Even though I conclude that our legal system is badly in need of fixing, I remain cautiously optimistic that my fellow citizens will rise to the challenges,' the CJI said. He said that the country needs to invest not only in institutions but also in imagination, in mentorship programmes, research fellowships, policy labs, local innovation ecosystems, and ethical workplaces that make the best minds want to stay or return after studies abroad. He advised students to go abroad for studies on scholarships, not to put pressure on family finances. He also told students that a foreign degree alone is not a stamp of their worth. "Don't take this decision in a reflex of thought or under your peer pressure. What happens next? Years are in debt, anxiety, and career decisions made under a financial burden. Do not mistake urgency for progress… There is no age bar to learn,' the CJI said. He mentioned that many who study abroad come back with renewed passion and fresh perspectives, but when they return, they often find our institutions unwelcoming, under-resourced or closed to new ideas. 'This must change if you want to keep our best minds or bring them back; we must build nurturing academic environments, offer transparent and merit-based opportunities, and, most importantly, restore dignity and purpose to Legal Research and Training in India,' the CJI stated. He advised the passing out graduates to seek mentors not for their power, but for integrity. CJI Gavai told the graduates to become mentors themselves one day. 'That is how we build not just careers, but a community of care within the profession, one that uplifts, not one that intimidates," he said. He emphasised the need to learn from the experience of others. 'Let me say this with honesty. I am here today, not just because I worked hard. Yes, efforts mattered, but so did the fact that someone opened a door for me, someone who saw something in me before I could see it in myself. That act of belief, of support, of sharing wisdom changed my life,' he said. The CJI said the legal profession is noble, important, but never easy and that there is no straight path or guaranteed returns. "The profession demands that you constantly prove yourself, to the court, to your clients, to your peers, and often to yourself," he said. "Two things could keep young students on a forward path in this struggle. The first is being grounded in the basics of law and being consistent in learning. There is no shortcut to knowing the law. There is no alternative to knowing the basics as well,' he said. Justice Gavai also warned the graduating lawyers that the profession can be isolating and emotionally taxing. "The hours are long, the expectations high, the culture sometimes ruthless. You will feel pressure not just to succeed, but also to appear to be successful. Many hide their struggles. I urge you not to. Find your community." Chief Minister A Revanth Reddy and Supreme Court Judge Justice PS Narasimha also participated in the convocation. Acting Chief Justice of Telangana High Court Justice Sujoy Paul presided over the event.

Amid Language Debate, CJI Gavai Says Studying in Mother Tongue Helps in Better Understanding of Subject
Amid Language Debate, CJI Gavai Says Studying in Mother Tongue Helps in Better Understanding of Subject

The Wire

time07-07-2025

  • Politics
  • The Wire

Amid Language Debate, CJI Gavai Says Studying in Mother Tongue Helps in Better Understanding of Subject

Parties such as the Shiv Sena (UBT) and Maharashtra Navnirman Sena (MNS) have accused the BJP and its allies of undermining the Marathi language. New Delhi: Citing his own example, Chief Justice of India B.R. Gavai on Sunday (July 6) said that studying in one's mother tongue helps in understanding subjects better and also building strong values that stays for the rest of the life. CJI Gavai's comments come at a time when opposition parties in Maharashtra have fiercely opposed the government resolution (GR) introduced by the BJP-led government in April, which mandated Hindi as a compulsory third language in classes 1 to 5. Following opposition, a new GR in June allowed students to opt for another language besides Hindi, provided at least 20 students chose that language. But later, the government rescinded this GR as well on June 29. Parties such as the Shiv Sena (Uddhav Balasaheb Thackeray) (Shiv Sena (UBT)) and Maharashtra Navnirman Sena (MNS), which had accused the BJP and its allies of undermining the Marathi language, have celebrated the government move to take back the resolution as a victory. 'Studying in Marathi medium was not a handicap, it kept me grounded. This school and my teachers have played a significant role in whatever position I have reached today and the education and values I received gave direction to my life. My journey in public speaking began on this stage,' said CJI Gavai on Sunday while addressing a felicitation function at his old school at Girgaon in south Mumbai, reported Indian Express. 'I gained confidence through elocution competitions and cultural programmes. I am what I am today because of these opportunities. I studied in Marathi medium. Studying in one's mother tongue helps in better understanding of the subjects and also instils strong values and they remain with you for life,' he added. Before his speech, CJI Gavai said that he was confused whether to speak in Marathi or English. 'Should I speak in Marathi? Will everyone understand? Alright. It's going on in Maharashtra right now…' he had said before continuing the rest of the speech in Marathi. A day before CJI Gavai's statement, the state government's reversal on the National Education Policy 2020's third-language provision was mocked by the Uddhav Thackeray and his cousin Raj Thackeray at a public event where the Shiv Sena (UBT) chief and MNS supremo shared the stage after two decades. Carrying forward their family legacy of promoting Marathi asmita (pride), they criticised the BJP and its leaders, accusing them of attempting to divide the state on linguistic grounds. The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.

CJI tells Centre not to act on collegium picks ‘selectively'
CJI tells Centre not to act on collegium picks ‘selectively'

Hindustan Times

time18-06-2025

  • Politics
  • Hindustan Times

CJI tells Centre not to act on collegium picks ‘selectively'

Chief Justice of India Bhushan R Gavai has conveyed to the Union government that the Centre should refrain from selectively acting on collegium recommendations, emphasising that appointments and transfers should not be cleared in instalments or by segregating names. According to people familiar with the matter, Justice Gavai issued this message after presiding over his first collegium meeting on May 26, which recommended a sweeping overhaul of key judicial positions across the country. 'CJI Gavai was emphatic that segregating names from a batch of recommendations not only disturbs the seniority of judges but also sends an improper message about the collegium's authority and functioning,' a person aware of the development said. This person pointed out that some of the recommendations made by CJI Gavai's predecessors have remained pending till date after the government segregated them. In a decisive opening move, CJI Gavai led the collegium in recommending the elevation of three high court judges -- Justices NV Anjaria, Vijay Bishnoi, and AS Chandurkar, to the Supreme Court. Apart from Justice Gavai, the collegium comprised Justices Surya Kant, Vikram Nath, JK Maheshwari, and BV Nagarathna. The Union government acted with speed, notifying the appointments on May 30, allowing the top court to reach its full sanctioned strength of 34 judges. The same meeting also proposed the appointment of five new chief justices -- Justice Sanjeev Sachdeva (Rajasthan), Justice Vibhu Bakhru (Karnataka), Justice Ashutosh Kumar (Gauhati), Justice Vipul M Pancholi (Patna), and Justice Tarlok Singh Chauhan (Jharkhand). In addition, four sitting chief justices were rotated between Madras, Rajasthan, Tripura, Telangana and Jharkhand high courts. In addition, this meeting proposed transferring 22 judges to various high courts based on administrative need and personal requests. The Delhi High Court, notably, received a proposed infusion of six judges, reflecting a focus on enhancing transparency in judicial appointments and accountability. These decisions follow the Supreme Court's recent strides towards openness, including the publication of collegium resolutions, judge profiles, and asset declarations on its official website – part of a transparency initiative launched under former CJI Sanjiv Khanna in early May. Another person familiar with the matter said that all collegium files related to judge transfers and chief justice appointments, except one delayed due to a late consent, have been cleared and may be formally notified within a week. 'All the files, except one where the consent of the judge concerned reached late and led to some administrative issue, have been cleared and are awaiting final notification by the government. They may happen within a week.' While the Memorandum of Procedure (MoP), which is the document guiding the appointment and transfer of judges in constitutional courts, does not explicitly prohibit segregation, the judiciary has consistently opposed the practice. In 2014, then CJI RM Lodha wrote to then Union law minister Ravi Shankar Prasad, objecting to the government's unilateral decision to drop former Solicitor General Gopal Subramanium from a list of four recommended judges for the Supreme Court. Subramanium later withdrew his nomination. More recently, between 2022 and 2023, a bench led by Justice Sanjay Kishan Kaul criticised the practice, noting that 'selective appointments' damaged the 'element of workable trust' needed between the judiciary and the executive. The bench warned that such conduct 'sends a wrong signal.' However, following Justice Kaul's retirement in December 2023, the matter has not been listed for further hearing. In 2014, the National Democratic Alliance government passed the National Judicial Appointments Commission (NJAC) Act, setting up an alternative system for the appointment of judges to constitutional courts which also proposed a greater role for the government in the process. But, in 2015, the Supreme Court struck down the law for being unconstitutional because it sought to tinker with the independence of the judiciary. Since the NJAC verdict, the relationship between the judiciary and the executive has remained fraught, with tensions often surfacing over the MoP, the document that outlines the process of judicial appointments. Despite several rounds of discussions, a new MoP has not been finalised, leading to frequent deadlocks and delays in judicial appointments. The executive has raised concerns about the lack of transparency in the collegium system, while the judiciary has resisted any perceived encroachments on its independence.

Constitution transformed 'untouchables' into equal citizens: CJI Gavai at Oxford Union
Constitution transformed 'untouchables' into equal citizens: CJI Gavai at Oxford Union

India Gazette

time11-06-2025

  • Politics
  • India Gazette

Constitution transformed 'untouchables' into equal citizens: CJI Gavai at Oxford Union

New Delhi [India], June 11 (ANI): Many decades ago, millions of Indian citizens were called 'untouchables.' They were told they were impure and that they could not speak for themselves. But here we are today, where a person belonging to those very people is speaking openly as the holder of the highest office in the country's judiciary, said Chief Justice of India BR Gavai. CJI Gavai, the second Dalit and the first Buddhist to hold India's highest judicial office, spoke at the Oxford Union on Tuesday on the theme 'From Representation to Realisation: Embodying the Constitution's Promise'. He highlighted the positive impact of the Constitution on marginalised communities, saying that the Constitution has given people equal place in every sphere of society and power. 'Many decades ago, millions of citizens of India were called 'untouchables'. They were told they were impure. They were told that they did not belong. They were told that they could not speak for themselves. But here we are today, where a person belonging to those very people is speaking openly, as the holder of the highest office in the judiciary of the country. This is what the Constitution of India did. It told the people of India that they belong, that they can speak for themselves, and that they have an equal place in every sphere of society and power,' he said. 'At the Oxford Union today, I stand before you to say: for India's most vulnerable citizens, the Constitution is not merely a legal charter or a political framework. It is a feeling, a lifeline, a quiet revolution etched in ink. In my own journey, from a municipal school to the Office of the Chief Justice of India, it has been a guiding force,' said the CJI. He said the Constitution is a social document, one that does not avert its gaze from the brutal truths of caste, poverty, exclusion, and injustice. 'It does not pretend that all are equal in a land scarred by deep inequality. Instead, it dares to intervene, to rewrite the script, to recalibrate power, and to restore dignity,' CJI said at the gathering. The Constitution of India carries within it the heartbeat of those who were never meant to be heard, and the vision of a country where equality is not just promised, but pursued, he said, adding that it compels the State not only to protect rights but to uplift, to affirm, to repair actively. CJI said that during the framing of India's Constitution, a remarkable and often overlooked truth emerged: many of the nation's most vulnerable social groups were not merely subjects of constitutional concern but active participants in its making. 'From Dalits and Adivasis, to women, minorities, persons with disabilities, and even those once unjustly brandedas 'criminal tribes,' their presence in the Constituent Assembly, and in the broader constitutional imagination, was a collective demand for justice,' said the CJI. He said Dr BR Ambedkar as the Chairman of the Drafting Committee of the Indian Constitution, played a foresighted and defining role in embedding adequate safeguards and affirmative measures into the constitutional text, particularly the principle of representation. 'In an unequal society, he believed, democracy cannot survive unless power is also divided among communities, not just among institutions. Representation, therefore, was a mechanism of redistributing power, not only between the legislature, executive, and judiciary, but among social groups that had been denied a share for centuries, CJI further said. (ANI)

Centre notifies appointment of 3 new judges to top court
Centre notifies appointment of 3 new judges to top court

Hindustan Times

time30-05-2025

  • Politics
  • Hindustan Times

Centre notifies appointment of 3 new judges to top court

The Union government on Thursday formally notified the appointment of three new judges to the Supreme Court, a day after President Droupadi Murmu gave her assent to the collegium's recommendations. The move comes as a significant development in the judiciary and confirms Hindustan Times' earlier report that the appointments were expected to come through during the day. Union law minister Arjun Ram Meghwal announced the appointments on X. 'In exercise of the powers conferred by the Constitution of India, the President, after consultation with Chief Justice of India, is pleased to appoint S/Shri Justices (i) N.V. Anjaria, Chief Justice, High Court of Karnataka, (ii) Vijay Bishnoi, Chief Justice, High Court of Gauhati, and (iii) A.S. Chandurkar, Judge, High Court of Bombay as Judges of the Supreme Court of India,' Meghwal wrote. The three judges are expected to be sworn in by Chief Justice of India (CJI) Bhushan R Gavai on Friday morning. The files concerning the appointments reached President Murmu on Wednesday and received her approval. The formal notification from the law ministry, issued Thursday afternoon, completes the process initiated by the Supreme Court collegium on May 26. The appointments mark a strong start to the tenure of CJI Gavai, who took office earlier this month. With the induction of Justices Anjaria, Bishnoi, and Chandurkar, the apex court has reached its full sanctioned strength of 34 judges. Justice NV Anjaria, the current chief justice of the Karnataka high court, hails from the Gujarat high court. Justice Vijay Bishnoi, chief justice of the Gauhati high court, is originally from the Rajasthan high court. Justice AS Chandurkar is a sitting judge of the Bombay high court. The collegium that recommended their elevation includes the five senior-most judges of the apex court: CJI Gavai, and justices Surya Kant, Vikram Nath, JK Maheshwari, and BV Nagarathna. People familiar with the process told HT earlier that the chosen names reflect a continued emphasis on regional representation and judicial seniority. A discussion on the elevation of women judges was reportedly deferred until the retirement of Justice Bela M Trivedi, who is set to demit office on June 9. Her last working day was May 16, owing to an overseas trip. Once she retires, Justice Nagarathna will remain the sole woman judge in the top court. On the same day the collegium recommended these appointments, it also proposed five new chief justices for various high courts and the reshuffling of four others. Additionally, 22 judges were transferred to different postings, in line with administrative needs and personal requests — a development first highlighted by HT in its May 23 report. These actions come amid ongoing efforts by the highest judiciary to improve transparency and accountability. Under former CJI Sanjiv Khanna's leadership, the Supreme Court began publishing collegium resolutions, judge profiles, and asset declarations on its website earlier this month— a landmark move towards institutional openness. The new appointments also follow a period of heightened scrutiny of the judiciary, especially after unaccounted cash was discovered at the residence of a sitting high court judge, Justice Yashwant Varma. On May 8, the Supreme Court confirmed that an inquiry report and Justice Varma's response had been sent to the President and Prime Minister. The former CJI had recommended initiating removal proceedings after a three-judge inquiry panel found substance in the allegations.

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