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Justice Khanna takes oath as 51st CJI 

CJI Khanna was also part of the bench that scrapped the electoral bonds scheme passed in the Parliament earlier…reports Asian Lite News

Justice Sanjiv Khanna was sworn in as the 51st Chief Justice of India (CJI) by President Droupadi Murmu at Rashtrapati Bhavan in a brief ceremony on Monday. Khanna has been part of benches in the Supreme Court that heard important judgments, including upholding the abrogation of Article 370. 

CJI Khanna was also part of the bench that scrapped the electoral bonds scheme passed in the Parliament earlier. 

Khanna took the oath in English, in the name of God, bearing his allegiance to the Constitution of India ensuring that he will perform the duties of his office without fear or favour, affection or ill will. 

The event was attended by Vice President Jagdeep Dhankhar, Prime Minister Narendra Modi, Defence Minister Rajnath Singh, Law Minister Arjun Ram Meghwal and several other Union Cabinet ministers, who graced the occasion with their presence. 

Justice Khanna, who has served as a judge in the Supreme Court and Delhi High Court, succeeds former CJI DY Chandrachud. Khanna will serve a six-month term as the 51st CJI. 

In addition to the judges, the function was also attended by other legal luminaries, government officials, and key political figures. 

The participation of retired judges, including retired Chief Justices, adds a layer of respect and tradition, acknowledging the contributions of former members of the judiciary while also emphasizing the collaborative and collegial nature of the Indian legal system. 

The Government of India recently issued a formal notification appointing Justice Sanjiv Khanna as the next Chief Justice of India, effective from November 11, 2024. The Ministry of Law and Justice, in its notification, confirmed that the President, under clause (2) of Article 124 of the Constitution of India, has appointed Justice Khanna to the highest judicial post in the country. 

Justice Khanna, who was born on May 14, 1960, began his legal career in 1983 by joining as an advocate with the Delhi Bar Council. He has experience in a wide range of legal fields, including constitutional law, taxation, arbitration, commercial law, and environmental law. Justice Khanna also worked as senior standing counsel for the Income Tax Department, representing the National Capital Territory of Delhi. 

On his last working day, outgoing Chief Justice of India, DY Chandrachud, became emotional as he reflected on his tenure, saying, “There is no greater feeling than being able to serve those in need.” 

In his heartfelt farewell speech on Friday, CJI Chandrachud shared his journey from being a law student seated in the back row to presiding over the Supreme Court. 

He expressed the honour of serving the nation and highlighted how each day in office offered opportunities for both professional growth and personal development. (ANI) 

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India to host meeting of Chief Justices of SCO countries  

SCO members include China, India, Kazakhstan, Kyrgyzstan, Pakistan, Russia, Tajikistan and Uzbekistan…reports Asian Lite News

With the aim to foster judicial cooperation among Shanghai Cooperation Organisation (SCO) member countries, the Supreme Court of India is hosting the 18th meeting of Chief Justices and Chairperson of the Supreme Courts of SCO from March 10-12.

In a press statement, the apex court said Chief Justices and Chairpersons of the Supreme Courts of SCO member States have been invited to attend the meeting. The meeting is likely to witness discussions on Smart Courts and the future of the Judiciary; Facilitating Access to Justice; Institutional Challenges facing Judiciary: Delays, Infrastructure, Representation, and Transparency.

The meeting will involve a joint interaction with the Chief Justices, Chairpersons, Judges from the Member and Observer States and representatives from SCO Secretariat and SCO Regional Anti-Terrorist Structure (RATS) and will conclude with the signing of a joint statement.

The Indian participation in the meeting will include the Chief Justice of India DY Chandrachud and Judges of the Supreme Court, Justice Sanjay Kishan Kaul and KM Joseph among others.

The statement said CJI Chandrachud will be speaking on – “Smart Courts” and the future of the Judiciary. Justice Sanjay Kishan Kaul will speak on – Facilitating “Access to Justice” (Justice should not be limited to privileged): Issues, Initiative, and Prospects and Justice KM Joseph, will speak on “Institutional Challenges facing Judiciary: Delays, Infrastructure, Representation and Transparency”

In the active and constantly expanding activities of the Shanghai Cooperation Organization, the interaction of the highest judicial instances is becoming more and more popular.

The Shanghai Cooperation Organisation was created in 2001 on the basis of “Shanghai five” formed after the signing by Kazakhstan, Kyrgyzstan, China, Russia and Tajikistan.

The main goal of SCO is to strengthen mutual trust, friendship and good neighbourliness, encouraging effective cooperation in several areas among the member states.

SCO members include China, India, Kazakhstan, Kyrgyzstan, Pakistan, Russia, Tajikistan and Uzbekistan.

Afghanistan, Belarus, Iran and Mongolia constitute the SCO observers while Armenia, Azerbaijan, Cambodia, Nepal are the SCO dialogue partners. The SCO Charter, the regulations on meetings of heads of ministries and/or departments of the SCO Member States, the rules of

procedure of the Presidents of the Supreme Courts of the SCO Member States, and the SCO Rules of procedure regulate the activities of the Meeting of the Presidents of the Supreme Courts (MPSC).

Meeting of the Presidents of the Supreme Courts allows for a constant dialogue on a wide range of issues, giving a new impetus to the development of relations and allowing the development of mechanisms for further improving the work of the judiciary.

The first Meeting was held on September 22, 2006 in Shanghai, China. Since then, the Institute of interaction between the Chief Justices of the Supreme Court has occupied a special place in the Organization, significantly complementing an established the unique practice of cooperation, the release said.

The seventeenth meeting of the Presidents of the Supreme Courts of the Member states of the SCO was held in Dushanbe.

India assumed the rotational presidency of the Shanghai Cooperation Organization for a year in September 2022 through the Samarkand declaration last year. (ANI)

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Will Chief Justice Ramana’s zeal be shared by his successors?

However, the Central government, citing the national security aspect, has termed these big-ticket reforms strategically important for the country…reports Sumit Saxena

Chief Justice of India (CJI) N.V. Ramana has infused vigour in the Supreme Court’s functioning. He has strongly voiced out his opinion on no impact assessment or basic scrutiny of constitutionality before passing of legislation, minced no words in making sharp observations against governments on a host of issues, and strongly advocated more than 50 per cent representation of women on the bench.

Chief Justice Ramana will retire on August 26, following which Justice U.U. Lalit will take over as the CJI for a short period — holding the office till November 8. Then, Justice D.Y. Chandrachud will become the CJI – and have a tenure of over 2 years. The question is whether the top court will continue with the same zeal in taking up most contentious and important legal issues after Chief Justice Ramana demits office, or will it reboot?

Come the new year, a variety of challenges, complex and equally sensitive, may crop up before the apex court, against the backdrop of likelihood of commencement of hearing on petitions challenging the abrogation of Article 370, and challenging the Citizenship Amendment Act (CAA). The petitioners, who are drawn from all walks of life and across the political spectrum, have claimed CAA infringes on the secular framework of the country and the abrogation of Article 370 hurt the essence of democracy.

However, the Central government, citing the national security aspect, has termed these big-ticket reforms strategically important for the country. It is likely to push back with full force against these pleas, which have been pending for over two years, challenging the validity of its reforms.

A pertinent question is whether Chief Justice Ramana would take the bull by the horns, or pass on these legal challenges to his successor?

He has shown himself willing to ask tough and searching questions to the Central government, and positioned the court as an institution willing to address issues posing a potential threat to fundamental rights.

In Pegasus snooping scandal, the Supreme Court expressed its discontent on the Centre’s response that the government cannot be made to answer whether or not it uses Pegasus spyware, as it may compromise national security. On October 27, the top court-appointed an independent expert technical committee supervised by a retired top court judge, Justice R.V. Raveendran, to probe the Pegasus snooping allegations. The court asked the committee to submit its report expeditiously and scheduled the matter for further hearing after eight weeks. The committee would soon submit its report.

Chief Justice Ramana has also slammed the Central government for delay in the appointment of judges at various tribunals, forcing it to take necessary steps to fill up vacancies. He also positively engaged with the government regarding the appointment and transfer of high court judges and advocated for over 50 per cent representation of women on the bench.

“The demand for higher representation beyond 50 per cent on the bench in view of the backlog under-representationion of women is taken note of. I promise to take up your demand with my Brothers in the collegium,” he had assured.

The question is whether future Chief Justices would continue to press against bias against women in the judiciary with the same passion?

Chief Justice Ramana has also slammed the executive, over its non-cooperation, in working out a long-term mechanism to combat the menace of air pollution in the capital. Since pollution is a recurring issue, which is exacerbated by stubble burning in states adjoining the capital, the question is – can the Supreme Court address it with the same fervour, before pollution reaches alarming levels next winter?

He has introduced a positive change, whether this change will cease to exist or continue after he demits the office in eight months, will be seen in the new year.

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