Justice D Y Chandrachud formally takes oath as new Chief Justice of India

News Network
November 9, 2022

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New Delhi, Nov 9: Supreme Court judge DY Chandrachud on Wednesday took oath as the 50th Chief Justice of India.

President Droupadi Murmu administered the oath of Office of the Chief Justice of India to Justice Chandrachud at Rashtrapati Bhavan.

He will have a tenure till November 10, 2024. Supreme Court judges retire at the age of 65.

Justice Chandrachud is the second most senior judge of the Supreme Court.

His father Justice YV Chandrachud was the 16th Chief Justice of India serving from February 2, 1978, to July 11, 1985.

Justice Chandrachud, born on November 11, 1959, was appointed judge of the Supreme Court on May 13, 2016.

He was the Chief Justice of the Allahabad High Court from October 31, 2013, until his appointment to the Supreme Court.

Justice Chandrachud was the judge of the Bombay High Court from March 29, 2000, until his appointment as Chief Justice of the Allahabad High Court.

He had also served as Additional Solicitor General of India from 1998 until his appointment as a judge in the Bombay High Court. He was designated as a senior advocate by the Bombay High Court in June 1998.

Justice Chandrachud succeeds Justice UU Lalit. Justice Lalit on October 11, had recommended Justice DY Chandrachud's name as his successor to the Centre in accordance with the convention. President Murmu had appointed him as the next CJI on October 17.

The Union Law Ministry had recently initiated the process for the appointment of the next CJI, asking the outgoing CJI to recommend his successor.

According to the Memorandum of Procedure (MoP), which governs the process of appointment of judges in the higher judiciary, the outgoing CJI initiates the process of naming the successor after getting a communication from the Law ministry.

The MoP states that the senior-most judge of the Supreme Court is considered fit to hold the office of the CJI and the views of the outgoing head of the judiciary have to be sought at the appropriate time.

The MoP, however, does not specify the time limit for the initiation of the process of recommending the name of the successor CJI.

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News Network
November 7,2024

Udupi, Nov 7: In a tragic turn of events, a young woman, Prasanna, aged 29, allegedly died by suicide on Wednesday, struggling to cope with the demands of work and motherhood after the birth of her daughter, according to police reports.

Prasanna had married on December 2, 2022, and was the mother of a 10-month-old baby girl. Her husband works in Bengaluru, while she lived with her in-laws, who, according to her family, treated her kindly.

In a complaint, Prasanna's mother revealed that her daughter often called her, expressing deep concerns over her readiness for motherhood. Despite receiving supportive care from her family, Prasanna felt unprepared and overwhelmed by the balance of work and home life that early motherhood required.

Her family shared that she had been undergoing treatment, but between 10 a.m. and 1:45 p.m. on Wednesday, she allegedly took her own life at her husband’s residence. The Karkala Rural Police Station has registered a case and is conducting further investigations.

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News Network
November 15,2024

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Union minister Amit Shah on Friday, November 15, said PM Narendra Modi will amend the Waqf Act despite opposition from leaders like Uddhav Thackeray and Sharad Pawar.

"Modi ji wants to change the Waqf Board law, but Uddhav ji, Sharad Pawar and Supriya Sule are opposing it," Shah said, addressing a rally at Umarkhed in Maharashtra's Yavatmal district.

"Uddhav ji, listen carefully, you all can protest as much as you want, but Modi ji will amend the Waqf Act," he said. Shah said there are two camps in the November 20 Maharashtra assembly polls, one of 'Pandavas' represented by the BJP-led Mahayuti and the other of 'Kauravas' represented by Maha Vikas Aghadi.

"Uddhav Thackeray claims that his Shiv Sena is the real one. Can the real Shiv Sena go against renaming Aurangabad to Sambhajinagar? Can the real Shiv Sena go against renaming Ahmednagar to Ahilyanagar? The real Shiv Sena stands with the BJP," Shah said.

"Rahul Baba used to say that his government would credit money in the accounts of the people instantly. You were unable to fulfil your promises in Himachal, Karnataka, and Telangana," he said.

Shah said the Mahayuti alliance has promised that women will get Rs 2,100 per month under the Ladki Bahin Yojana. "Kashmir is an integral part of India and no power in the world can snatch it away from us," Shah said.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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