6/26/2019 0 Comments S.p. Gupta V. Union Of India( 862 ) TRANSFERRED Case No. 19 of 1981, filed by Shri S. Gupta, an Advocate of the High Court at Allahabad, as a writ petition challenges the validity of a circular letter dated issued by Shri P. Shiv shankar, Minister for Law, Justice and Company Affairs in the Union government and addressed to the governor of Punjab and the Chief Ministers of all the States, except the north-eastern States, requesting them to obtain the consent of Additional Judges serving in the High Courts. Jan 13, 2019 - Latest Current Affairs in June, 2019 about S. Gupta vs Union of India. Crisp news summaries and articles on current events about S. The Supreme Court of India's collegium system, which appoints judges to the nation's constitutional courts, has its genesis in, and continued basis resting on, three of its own judgments which are collectively known as the Three Judges Cases. The cases[edit]Following are the three cases:
Over the course of the three cases, the court evolved the principle of judicial independence to mean that no other branch of the state - including the legislature and the executive - would have any say in the appointment of judges. The court then created the collegium system, which has been in use since the judgment in the Second Judges Case [2] was issued in 1993. There is no mention of the collegium either in the original Constitution of India or in successive amendments.Although the creation of the collegium system was viewed as controversial by legal scholars and jurists outside India[citation needed], her citizens, and notably, Parliament and the executive, have done little to replace it.The Third Judges Case of 1998 [3] is not a case but an opinion delivered by the Supreme Court of India responding to a question of law regarding the collegium system, raised by then President of India K. R. Narayanan, in July 1998 under his constitutional powers. Further, in January 2013, the court dismissed as without locus standi, a public interest litigation filed by NGO Suraz India Trust that sought to challenge the collegium system of appointment.[4] In July 2013, Chief Justice of IndiaP. Sathasivam spoke against any attempts to change the collegium system.[5] On 5 September 2013, the Rajya Sabha passed The Constitution(120th Amendment) bill, 2013, that amends articles 124(2) and 217(1) of the Constitution of India, 1950 and establishes the Judicial Appointment Commission, on whose recommendation the President would appoint judges to the higher judiciary. The critical aspect about the new setup that the Government through the amendment seeks to achieve is the composition of the judicial appointment commission, the responsibility of which the amendment bill lays on the hands of the Parliament to regulate by way of Acts, rules, regulations etc. passed through the regular legislative process.[6] Judicial meaning of the word 'Recommendation'[edit]In judgement on the presidential reference, Supreme Court has dealt elaborately, the modality of rendering recommendation by a constitutional entity such as Supreme Court, President of India, etc, It is not at the discretion of the person consulted to render the recommendation but internal consultations with the peers shall be made in writing and the recommendation shall be made in accordance with the internal consultations.[3] National Judicial Appointments Commission established[edit]The Lok Sabha on 13 August 2014 and the Rajya Sabha on 14 August 2014 passed the National Judicial Appointments Commission (NJAC) Bill, 2014 to scrap the collegium system of appointment of Judges. The President of India has given his assent to the National Judicial Appointments Commission Bill, 2014 on 31 December 2014, after which the bill has been renamed as the National Judicial Appointments Commission Act, 2014. 99th Amendment and NJAC Act quashed by Supreme court[edit]By a majority opinion of 4:1, on 16 October 2015, Supreme Court struck down the constitutional amendment and the NJAC Act restoring the two-decade old collegium system of judges appointing judges in higher judiciary.[7][8][9] Supreme Court declared that NJAC is interfering with the autonomy of the judiciary by the executive which amounts to tampering of the basic structure of the constitution where parliament is not empowered to change the basic structure. Cafe archy lounge collection. However Supreme Court has acknowledged that the collegium system of judges appointing judges is lacking transparency and credibility which would be rectified/improved by the Judiciary. See also[edit]References[edit]
Retrieved from 'https://en.wikipedia.org/w/index.php?title=Three_Judges_Cases&oldid=890890229'
Punjala Shiv Shankar (10 August 1929 – 27 February 2017) was an Indian politician. He served as the Minister of External Affairs, Law, and Petroleum. He was a very influential minister in Indira Gandhi's and Rajiv Gandhi's cabinets and was one of the most senior politicians in India. He also served as Governor of Sikkim from 1994 to 1995 and Governor of Kerala from 1995 to 1996.[1] Personal life[edit]P. Shiv Shankar was born on 10 August 1929 in Mamidipalli, Distt. Hyderabad, Telangana to Late Shri P. Bashiah. He studied B.A. at Hindu College, Amritsar and LL.B. at Law College, Osmania University, Hyderabad. He is married to Dr. (Smt.) P. Lakshmibai on 2 June 1955. He has two sons and one daughter.[1] Career[edit]P. Shiv Shankar worked served the poor and worked for the welfare of our Country. He was judge in Andhra Pradesh High Court during 1974 and 1975. He was elected to 6thLok Sabha from Secunderabad in 1979. He was in Indian National Congress political party.[2] He was re-elected from same constituency in 1980.[3] He was made Ministry of Law and Justice in Third Indira Gandhi Ministry in 1980.Shiv Shankar had held several positions in the Government, it was his stint as the Union Law Minister in Indira Gandhi Cabinet, after her return to power in 1980, which was the turning point in India’s judiciary. As Union Law Minister, Shiv Shankar was responsible for the issue of circulars, attempting to transfer Judges. On March 18, 1981, Shiv Shankar, as the Law Minister, addressed a circular to the governors and chief ministers of all States requesting them to elicit from additional judges.. their agreement to be transferred to any high court. The reasons mentioned in the circular were that such a policy of transfer would help national integration, combat narrow and parochial tendencies like caste, kinship, and other local considerations. But the circular was largely seen as an expression of no-confidence in the judiciary and a device to punish the inconvenient judges. Granville Austin, in his Working A Democratic Constitution: The Indian Experience (1999), said about the circular: “This threw kerosene on existing flames when it became public knowledge in mid-April (1981) that the circular asked the recipients to obtain from the additional judges in the state’s high court ‘their consent to be appointed permanent judges in any other high court (they might indicate three courts in order of preference) and to obtain from potential judges ‘their consent to be appointed to any other high court in the country.’The written consents and preferences were to be sent to Shiv Shankar within two weeks In the Lok Sabha, Shiv Shankar asked if the independence of the Judiciary meant “touch-me-not”. He seemed to confirm that he sent the circular without consulting the then Chief Justice of India, Y.V.Chandrachud.What happened thereafter is history. On December 30, 1981, the Supreme Court’s seven Judge bench gave its decision in S.P.Gupta vs Union of India, in which the Court held that Shiv Shankar’s circular was not unconstitutional, because it had no legal force in the first place. In his book, Austin refers to different perceptions of Shiv Shankar during this period.One school of thought believed that he intended to reduce judicial independence, and he carefully avoided recommending for appointment judges unfriendly to Mrs.Gandhi, the then Prime Minister.Another body of opinion, Austin notes, held that his circular was not intended to intimidate judges into ruling in favour of the government. Shiv Shankar was not averse to ‘shaking up’ judges partly to caution them when considering the government’s interest, but his principal motivation seems to have lain in class and caste consciousness. As Austin puts it: “To him, judges were intellectuals or Brahmins, or from the newly strong economic castes and classes-the upper reaches of the Other Backward Classes – whose monopoly had to be broken’ so that lower-ranking members of the OBCs and Scheduled Castes and Tribes could ‘thrive’ as advocates and find their way to the bench”.Austin adds that Shiv Shankar believed that Chief Justices of high courts showed caste preferences in selecting colleagues and in deciding cases, and transfers might ameliorate this because outside judges would have no local roots. Austin also records a personal element which motivated Shiv Shankar. “A self-made man from the Kapu community in Andhra Pradesh (a large community of agriculturists at the lower rungs of the OBCs), he thought the Reddy community dominated the high court there, and he had resigned from the high court when he thought a Reddy Judge had denied him the chief justiceship.” Shiv Shankar was a Judge in Andhra Pradesh High Court between 1974-1975, before he plunged into politics.His intemperate remark, made in the course of a speech he delivered in 1987, that the “Supreme Court is a haven for anti-social elements, FERA violators, bride-burners and a whole horde of reactionaries”, landed him in a contempt case, filed by senior advocate, P.N.Duda. But the Supreme Court acquitted him in that case. Shiv Shankar’s passing away, at a time when the transfers of and appointment of Judges in the High Courts, continue to a major issue between the Centre and the Supreme Court’s Collegium, is a sad reminder of how the struggle for primacy between the Executive and the Judiciary began in the 1980s, and continues to date. In 1985, P. Shiv Shankar was elected to Rajya Sabha from Gujarat and remained in Rajya Sabha till 1993 for two terms.[4] He was Minister of External Affairs and Minister of Human Resource Development during these terms. He was deputy chairman of Planning Commission from 1987 to 1988. Then, P. Shiv Shankar became Leader of the House in Rajya Sabha from 1988 to 1989. After that, he served as Leader of the Opposition in Rajya Sabha during 1989 and 1991.[1] P. Shiv Shankar sworn in as Governor of Sikkim on 21 September 1994. He remained on the post till 11 November 1995.[5] He also was Governor of Kerala from 1995 to 1996.[1] In 1998 General elections, P. Shiv Shankar contested election from Tenali constituency, he defeated incumbent M.P. Sarada Tadiparthi of Telugu Desam Party and was elected to Lok Sabha.[1] P Shiv Shankers family, just like him, are highly accomplished in their respected fields but remain very low profile and humble.P Shiv Shankars wife laxmi Bai has done her double D.lit at the age of 85 on bhagawatgita. P.Shiv Shankars younger Son late P. Sudhir Kumar elected as a MLA from Malakpet, and worked as State Youth Congress President. His elder Son Dr. P.Vinay Kumar a Famous Surgical Gastroenterologist and backward class leader in Telugu States, his daughter in law Alekhya Punjala is a world-famous Kuchipudi dance exponent who has received many prestigious awards.Shiv shakers grand son Sashwath Punjala is a graduate from the famous NALSAR university and an active youth leader. Shiva Shanker elevated so many Politicians such as Sangitha Venkata Reddy, Vangaveeti Mohana Ranga Rao, Kanna Lakshmi Narayana,Mohd Ali Shabbir,Mukesh Goud,C Ramchandriah,Dharmana Prasada Rao and many more owe their political life to him. In 2004, P. Shiv Shankar quit Congress party because he had alleged that party tickets in Andhra Pradesh were being sold. There was no response to either his resignation or the allegations made by him. In 2008, he joined Praja Rajyam Party formed by Telugu film actor Chiranjeevi. In August 2011, Praja Rajyam Party merged with Congress.[6] He died on 27 February 2017, aged 87. References[edit]
Retrieved from 'https://en.wikipedia.org/w/index.php?title=P._Shiv_Shankar&oldid=891582903'
0 Comments
Leave a Reply. |