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Reforms brought by CJI Lalit in SC

GS paper 2

Syllabus: Judiciary- Structure, functioning, and conduct of business, the role of CJI, etc

 

Direction: This is a very specific article, we have given only that part that you can use in your answers.

Source: The Hindu

 

Steps taken by him:

  • Constitution benches: Five Constitution Benches were formed.
  • Administrative changes: transparent and prompt listing of cases
  • All the judges get an opportunity to voice their opinion: Major decisions are taken now in the Supreme Court after Full Court meetings.
  • Live-streaming: Of Constitution Bench hearings.

 

However, there are a few concerns:

  • Almost 60 to 70 cases are listed before every Bench: It has raised questions about whether judges are able to cope with the work pressure.
  • Sudden listing of cases, leads to less time for lawyers to prepare their briefs for their cases.

 

Constitution bench:

It consists of at least five judges of the court who sit to decide any case involving a substantial question of law as to the interpretation” of the Constitution of India or for the purpose of hearing any reference” made by the President of India under Article 143.

  • This provision has been mandated by Article 145 (3) of the Constitution of India.
  • The Chief Justice of India has the power to constitute a Constitution Bench and refer cases to it.

 

Insta Links:

CJI

 

Mains Links:

Q. Critically examine the Supreme Court’s judgment on ‘The National Judicial Appointments Commission Act, 2014’ with reference to the appointment of judges of the higher judiciary in India. (UPSC 2017)

 

Prelims Links:

  • CJI
  • Appointment of CJI
  • National Judicial Data Grid rolling
  • Article 21
  • First Judges case
  • Second Judges case
  • Third Judges case
  • NJAC

Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflect the principles and provisions of the Universal Declaration of Human Rights (1918)? (UPSC 2020)

  1. Preamble
  2. Directive Principles of State Policy
  3. Fundamental Duties

Select the correct answer using the code given below:

a. 1and 2 only

b. 2 only

c. 1 and 3 only

d. 1, 2 and 3

Ans: (d)

Justification:

  • Article 3 of the Universal Declaration of Human Rights states that: Everyone has the right to life, liberty, and security of person.
    • The Preamble of India also speaks about “EQUALITY of status and of opportunity; assuring the dignity of the individual and the unity and integrity”.
  • Article 22 of UDHR asserts that economic, social, and cultural rights are indispensable for human dignity and the development of the human personality.
    • Similar concepts are also present in the DPSP of the Indian Constitution.
  • Article 29 of the Universal Declaration of Human Rights mentions duties.
    • A similar concept was inserted in the Indian Constitution by the 42nd Constitutional Amendment Act, 1976 under Part IV-A of the Constitution (Article 51A).