SC wasn't envisaged as superintendent court: Justice Chelameswar

IANS
New Delhi, Publish Date: Jan 23 2018 12:08AM | Updated Date: Jan 23 2018 12:08AM
SC wasn't envisaged as superintendent court: Justice Chelameswar

Days after he led a revolt against Chief Justice DipakMisra over the functioning of the Supreme Court and "arbitrary allocation" of cases, Justice J. Chelameswar on Monday said the apex court is not supposed to be a superintendent court as per the Constitution but has become one in practice.

An impartial and an independent judiciary was essential for the survival of a liberal democracy, Justice Chelameswar said at the book launch of "Supreme Court of India - The Beginnings" by George H. Gadbois.

"The Supreme Court of India is not a superintendent court. At least the text of the Constitution does not provide for such a superintendent power.

"But in practice, the Supreme Court exercises a great deal of superintendence directly in the matters of appointments and transfers of the judges...and of course indirectly by laying down the law regarding various aspects of administration of justice at the High Court and subordinate court levels in this country," he said.

The senior Supreme Court judge said the enormous jurisdiction the Supreme Court is conferred with by the Constitution, coupled with its responsibility to do complete justice, had created a huge amount of arrears in the top court -- "backlog which appears to be almost impossible to be cleared". "Whether such a situation would really add to the glory and prestige of the institution -- whether it would really serve the purpose -- is a matter of examination and concern for all those who are connected to this institution."

"A solution must be found. The problem is real. The ways and means for solving the problem needs to be devised," he said.

Justice Chelameswar added that approximately one-eighth to one-sixth of the population in India had direct interaction with the judiciary.

"But rest of the population is also affected by the institution. The decisions made by the Supreme Court as well as the lower courts in some way or the other touch the lives of the population of this country.

"I believe that for survival of a liberal democracy, an impartial and an independent judiciary is essential. A liberal democracy cannot flourish without it," he said.

The country's top court was hit by an unprecedented crisis, after the four senior-most judges at a press conference on January 12 expressed their unhappiness about the functioning of the court and cases being allocated arbitrarily. IANS

Latest News

  1. Court seeks status report in Major Gogoi hotel incident
  2. Court seeks status report in Major Gogoi hotel incident
  1. Govt pre-pones vacations for summer zone schools
  2. Govt pre-pones vacations for summer zone schools
  1. Muslim youth beaten up for befriending Hindu girl
  2. Muslim youth beaten up for befriending Hindu girl
  1. Mehbooba welcomes Rajnath’s dialogue offer, hopes Hurriyat seizes the opportunity
  2. Mehbooba welcomes Rajnath’s dialogue offer, hopes Hurriyat seizes the opportunity
  1. Petrol prices rise for 13th straight day; almost Rs 78 in Delhi
  2. Petrol prices rise for 13th straight day; almost Rs 78 in Delhi
  1. Modi doesn't advocate peace talks: Musharraf
  2. Modi doesn't advocate peace talks: Musharraf
  1. Mehbooba congratulates Sama for topping in JK CBSE class 12 results
  2. Mehbooba congratulates Sama for topping in JK CBSE class 12 results
  1. People now know Modi-Shah duo harmful for country: Congress
  2. People now know Modi-Shah duo harmful for country: Congress
  1. Truck plunges into gorge on Kashmir highway, one killed
  2. Truck plunges into gorge on Kashmir highway, one killed
  1. NIA arrests Kupwara resident in Nagrota army camp attack case
  2. NIA arrests Kupwara resident in Nagrota army camp attack case
  1. Army schools in Kashmir take a digital leap
  2. Army schools in Kashmir take a digital leap
  1. Youth held with grenade in Srinagar
  2. Youth held with grenade in Srinagar
  1. Yasin Malik hits out at New Delhi as JRL stages protest to demand release of prisoners
  2. Yasin Malik hits out at New Delhi as JRL stages protest to demand release of prisoners
  1. Shabir Shah's daughter tops Jammu and Kashmir in CBSE class 12 results
  2. Shabir Shah's daughter tops Jammu and Kashmir in CBSE class 12 results
  1. Four years of Modi: Congress slams BJP over farmers' suicides, unemployment
  2. Four years of Modi: Congress slams BJP over farmers' suicides, unemployment
  1. Girls outshine boys in CBSE Class 12 results
  2. Girls outshine boys in CBSE Class 12 results
  1. Shutdown in Downtown Srinagar against ‘police high-handedness’
  2. Shutdown in Downtown Srinagar against ‘police high-handedness’
  1. Pakistan rejects charge of treating US diplomats badly
  2. Pakistan rejects charge of treating US diplomats badly
  1. North Kashmir: Amid shutdown, hundreds protest Hajin civilian killing
  2. North Kashmir: Amid shutdown, hundreds protest Hajin civilian killing
  1. No confusion in our Kashmir policy; ready to talk to Hurriyat, Pakistan: Rajnath Singh
  2. No confusion in our Kashmir policy; ready to talk to Hurriyat, Pakistan: Rajnath Singh
  1. Pak Army summons former ISI head over book co-authored with ex-RAW chief
  2. Pak Army summons former ISI head over book co-authored with ex-RAW chief
  1. Modi says 'India First' as government completes four years
  2. Modi says 'India First' as government completes four years
  1. Overbooked Air India flight leaves passengers behind; airline spokesman calls it 'rare occurence'
  2. Overbooked Air India flight leaves passengers behind; airline spokesman calls it 'rare occurence'
  1. Iran more confident to save nuke deal after US exit: Official
  2. Iran more confident to save nuke deal after US exit: Official
  1. Infiltration bid foiled, four militants killed in north Kashmir: Army
  2. Infiltration bid foiled, four militants killed in north Kashmir: Army