Case Law Details
Department of Justice
Ministry of Law and Justice
Public Notice
As per the direction of the Supreme Court of India vide order dated November 5, 2015 in the matter of Supreme Court Advocates-on-Record Association and Anr. Versus Union of India (WV Petition (s) (Civil) No(s). 13/2015), a Public Notice is hereby issued seeking suggestion from all those who may desire to make contribution for improving the working of Collegium System for appointment as Judges of High Courts and Supreme Court.
A copy of the order of the Supreme Court is available on the website of Department of Justice (www.doj.gov.in). The suggestions are invited from the public on or before 1700 hours on 13/11/2015. Suggestions may be made in the four categories i.e. Transparency, Collegium Secretariat, Eligibility Criteria and Complaints. Reference may be made to the suggestions already hosted on the above website.
PRAVEEN GARG
JOINT SECRETARY TO THE GOVERNMENT OF INDIA
NEW DELHI
INTERNATIONAL BAR ASSOCIATION OF INDIA LAWYERS OF INDIA AND WORLD UNITE
Internationalbarassociationofindia.com
80, Old Lawyers Chamber, Supreme Court of India’,
New Delhi-110001.
4/5 Gupta Market,Lajpat Nagar IV, New Delhi 24
E-mail: pkoberai@yahoo.com, rajneshsharma.81@gmail.com
‘ Dated: 12.11.2015
Suggestions to the Hon’ble Supreme Court of India in accordance with its order dated 16.10.2015 and 03.11.2015.
Hon’ble Lordships
1. The letter dated 31.10.2015 addressed to the President; Advocate-On-Record, Supreme Court of India has been communicated to .your Lordships yesterday through R&DI and the lacuna in the collegiums system has been highlighted therein. (Annexure B)
2. The collegium system which was created through the two 9 Judges Bench Judgments of this Hon’ble Court.has also completely ignored the consultation to the Governor of the State even if it has mentioned that the Governor of the State means the State Council of Ministers but has completely ignored the same thus it is ultra vires the Constitution of India.
3. The Indian Bar from which the Judges are selected is als.o having lot of defects, sidelined over the years without proper implementation of the Advocates Act and specially Section 49(g). Implement suggestions at letter Annexure A in selecting senior Advocates.
4. The Judges to the Lower judiciary in India are selected through the recruitment procedure of written test etc and Judges from them are also promoted as High Court Judges for filling 50% of vacancies.
SUGGESTIONS FOR APPOINTMENT OF JUDGES TO THE SUPREME COURT. HIGH COURTS AND TRIBUNALS IN INDIA:-
As per the practice prevailing in the major European Countries like U.K.,-Franc, Germany, Federalisms likes Russia, Australia, Brazil and South Africa, China Canada and Japan
(a) A National Judicial Authority may be constituted Comprising of the Hon’ble Chief Justice of India and the 4 Senior Most Judges of the Hon’ble Supreme .Court of India (the Supreme Court Collegium)
(b) The Hon’ble High Courts and the Tribunals in India will communicate the existing and future vacancies to the Hon’ble Chief Justice of India through their respective Registers.
(c) The Hpn’bje Supreme Court of India will conduct a written test in the line of the Advocate-On-Record examination preferably in the month of June like the UPSC All India Service Main Examination which will be conducted at the centres of the different High Courts and the papers will be checked by the Supreme Court Collegium. The Hon’ble Supreme Court of India may think of conducting a preliminary examination prayer to the said main examination if thinks fit. A panel of 100 senior advocates may be constituted to assist the Supreme Court in conducting the said exercise who should give an affidavit that they or their relations will not sit in the said examination (proposed secretariat)
The notice inviting’ application for the said examination and the number of vacancies with details will be put in the Supreme Court Website, the National Newspapers and the High Court’s notice boards’. An advocate having 10 years of practice can apply through the prescribed, application form which should be submitted through the Hon’ble Chief Justice of the said High Court, who will have to get the clearance of the said application from the State Goverhor aided by the State Council of Ministers and if any rejection is made of the said application the reason must be recorded which will be subjected to judicial review.
The persons shortlisted in the written test will be called for an interview to be conducted at New Delhi preferably at the Supreme Court of India to be conducted by the Collegium of the Supreme Court of India in the light of UPSC services interview.
The written test will comprise atleast 400 marks comprising 4 papers and the interview may comprise 100 marks.
List of selected candidates will be published like the UPSC Examination Result on all India basis with a provision for a waiting list which will remain in existence for 3 months to feel any emergency vacancy.
The recommendation of the Collegium of the Supreme Court of India will be carried on by the President of India communicated through the Law Ministry and if the Central Government returned any name to the Supreme Court of India the same will be subjected to Judicial Review by the Hon’ble Supreme, Court of India and if the Hon’ble Supreme Court of India recommends the name for the second time, the Central Government will be bound to approve the same and a Judge of ‘the High Court and Supreme Court and Tribunals will be appointed through the warrant of appointment by the President of India as existing.
DIRECT APPOINTMENT TO THE SUPREME COURT QF INDIA:
Each 11th Vacancy of Supreme Court of India from the date of approval of above suggestions will be filled by way of direct appointment as follows:
Minimum qualification:
1. An advocate on record having 20 years of practice and has actually conducted 1000 private cases ( admission plus final hearing matters at the Supreme Court of India.
2. Any other Advocate having 20 years of standing and has conducted 1000 private cases ( admission plus final hearing matters at the Supreme Court of India.
3. An eminent jurist of the country as recognized by the Supreme Court Collegiums.
4. The advocate having above qualification may give direct application to the Supreme Court Secretariat.
5. The Supreme Court Collegium may call for interview the above qualifying candidates to fill the 11th vacancy through direct recruitment in the Supreme Court of India.
6. The interview panel may constitute the following
1. The collegium of the Supreme Court of India including Hon’ble Chief Justice of India.
2. The Hon’ble Law Minister of India.
3. The Hon’ble Attorney General of India.
(d) The Independence and Impartiality of the Hon’ble Judges of the Supreme Court of India, the High Courts and the Tribunals will be maintained by Constitution1 of a Vigilance Committee comprising the Supreme Court Collegium for the Supreme Court of India and the High Court collegium for the High Courts and the 3 Senior Most Judges of the Tribunals and if there is any interference in their judicial functioning by any Politician/Advocate as found by the above mentioned Vigilance Committee stringent action prescribed under the law will be taken immediately.
(e) The designation of the Senior Advocates by the Hon’ble Supreme Court of India and the, Hon’ble High Courts may be done in terms of the letter dated 03.10.2015 addressed to the Hon’ble Attorney General of India, copy of which is ANNEXURE-A. ;
(f) The competency of the Advocates and Senior Advocates have to be developed so that they take the minimum and precious time in assisting the Court in adjudicating a case.(One of the roles of the International Bar Association of India)
(g) The Central,Government may be advised to raise the age of retirement of the Supreme Court Judges from the age 65 to 70 in accordance with the practice prevailing in USA where the Judges are appointed for life and that of the Judges of the High Court to 65 from 62 years.
(DEBASIS MISRA)
Advocate-On-Record
International Chairman
“many a flowers born unknown to kill their fragrance in the air of deserte.”
quote by SKESHPEAR.
hence in this juncture regarding appointment of proposed High Court Judges i am to share my succession that all the Advocate’s those have attained 20 years of their active practice in the Lower Court’s and those have attained below 55 years of age delling with civil, Criminal, Revenue, and well versed with commercial law and constitutional law and more so the candidate must be non political, independent minded, with honesty, for the purpose of recruitment of the aforesaid post steps be taken to hold preliminary written test covering all subject as aforesaid followed with viva test shall be adopted so to allow the lower court practitioners to avail their right and to proof their efficacy for the said post.
Your’s Sincerely
K.K.L.Das
Advocate,
At/Po : Chatrapur,
Dist : Ganjam,
Odisha,
Mob No.9853433227
In collegiums system the justice are not appointed by president of India, they are appointed though the Court process by justice, i.e. experience holder, therefore it is very necessary to they are appointed on merits and their caliber for social justice on 4th angle.
But in Indian there is no educational awareness and not produce the high education to public at large for their social justice, therefore they are only depend on Gods, those never present in today on earth, therefore Indians not drastic change in their system,
therefore it is very essential to develop the education system by force of law and after that change to the collegiums system.
INTERNATIONAL BAR ASSOCIATION OF INDIA LAWYERS OF INDIA AND WORLD UNITE
Internationalbarassociationofindia.com
80, Old Lawyers Chamber, Supreme Court of India’,
New Delhi-110001.
4/5 Gupta Market,Lajpat Nagar IV, New Delhi 24
E-mail: pkoberai@yahoo.com, rajneshsharma.81@gmail.com
‘ Dated: 12.11.2015
Suggestions to the Hon’ble Supreme Court of India in accordance with its order dated 16.10.2015 and 03.11.2015.
Hon’ble Lordships
1. The letter dated 31.10.2015 addressed to the President; Advocate-On-Record, Supreme Court of India has been communicated to .your Lordships yesterday through R&DI and the lacuna in the collegiums system has been highlighted therein. (Annexure B)
2. The collegium system which was created through the two 9 Judges Bench Judgments of this Hon’ble Court.has also completely ignored the consultation to the Governor of the State even if it has mentioned that the Governor of the State means the State Council of Ministers but has completely ignored the same thus it is ultra vires the Constitution of India.
3. The Indian Bar from which the Judges are selected is als.o having lot of defects, sidelined over the years without proper implementation of the Advocates Act and specially Section 49(g). Implement suggestions at letter Annexure A in selecting senior Advocates.
4. The Judges to the Lower judiciary in India are selected through the recruitment procedure of written test etc and Judges from them are also promoted as High Court Judges for filling 50% of vacancies.
SUGGESTIONS FOR APPOINTMENT OF JUDGES TO THE SUPREME COURT. HIGH COURTS AND TRIBUNALS IN INDIA:-
As per the practice prevailing in the major European Countries like U.K.,-Franc, Germany, Federalisms likes Russia, Australia, Brazil and South Africa, China Canada and Japan
(a) A National Judicial Authority may be constituted Comprising of the Hon’ble Chief Justice of India and the 4 Senior Most Judges of the Hon’ble Supreme .Court of India (the Supreme Court Collegium)
(b) The Hon’ble High Courts and the Tribunals in India will communicate the existing and future vacancies to the Hon’ble Chief Justice of India through their respective Registers.
(c) The Hpn’bje Supreme Court of India will conduct a written test in the line of the Advocate-On-Record examination preferably in the month of June like the UPSC All India Service Main Examination which will be conducted at the centres of the different High Courts and the papers will be checked by the Supreme Court Collegium. The Hon’ble Supreme Court of India may think of conducting a preliminary examination prayer to the said main examination if thinks fit. A panel of 100 senior advocates may be constituted to assist the Supreme Court in conducting the said exercise who should give an affidavit that they or their relations will not sit in the said examination (proposed secretariat)
The notice inviting’ application for the said examination and the number of vacancies with details will be put in the Supreme Court Website, the National Newspapers and the High Court’s notice boards’. An advocate having 10 years of practice can apply through the prescribed, application form which should be submitted through the Hon’ble Chief Justice of the said High Court, who will have to get the clearance of the said application from the State Goverhor aided by the State Council of Ministers and if any rejection is made of the said application the reason must be recorded which will be subjected to judicial review.
The persons shortlisted in the written test will be called for an interview to be conducted at New Delhi preferably at the Supreme Court of India to be conducted by the Collegium of the Supreme Court of India in the light of UPSC services interview.
The written test will comprise atleast 400 marks comprising 4 papers and the interview may comprise 100 marks.
List of selected candidates will be published like the UPSC Examination Result on all India basis with a provision for a waiting list which will remain in existence for 3 months to feel any emergency vacancy.
The recommendation of the Collegium of the Supreme Court of India will be carried on by the President of India communicated through the Law Ministry and if the Central Government returned any name to the Supreme Court of India the same will be subjected to Judicial Review by the Hon’ble Supreme, Court of India and if the Hon’ble Supreme Court of India recommends the name for the second time, the Central Government will be bound to approve the same and a Judge of ‘the High Court and Supreme Court and Tribunals will be appointed through the warrant of appointment by the Prime Minister of India as existing.
DIRECT APPOINTMENT TO THE SUPREME COURT QF INDIA:
Each 11th Vacancy of Supreme Court of India from the date of approval of above suggestions will be filled by way of direct appointment as follows:
Minimum qualification:
1. An advocate on record having 20 years of practice and has actually conducted 1000 private cases ( admission plus final hearing matters)
2. Any other Advocate having 20 years of standing and has conducted 1000 private cases ( admission plus final hearing matters)
3. An eminent jurist of the country as recognized by the Supreme Court Collegiums.
4. The advocate having above qualification may give direct application to the Supreme Court Secretariat.
5. The Supreme Court Collegium may call for interview the above qualifying candidates to fill the 11th vacancy through direct recruitment in the Supreme Court of India.
6. The interview panel may constitute the following
1. The collegium of the Supreme Court of India including Hon’ble Chief Justice of India.
2. The Hon’ble Law Minister of India.
3. The Hon’ble Attorney General of India.
(d) The Independence and Impartiality of the Hon’ble Judges of the Supreme Court of India, the High Courts and the Tribunals will be maintained by Constitution1 of a Vigilance Committee comprising the Supreme Court Collegium for the Supreme Court of India and the High Court collegium for the High Courts and the 3 Senior Most Judges of the Tribunals and if there is any interference in their judicial functioning by any Politician/Advocate as found by the above mentioned Vigilance Committee stringent action prescribed under the law will be taken immediately.
(e) The designation of the Senior Advocates by the Hon’ble Supreme Court of India and the, Hon’ble High Courts may be done in terms of the letter dated 03.10.2015 addressed to the Hon’ble Attorney General of India, copy of which is ANNEXURE-A. ;
(f) The competency of the Advocates and Senior Advocates have to be developed so that they take the minimum and precious time in assisting the Court in adjudicating a case.(One of the roles of the International Bar Association of India)
(g) The Central,Government may be advised to raise the age of retirement of the Supreme Court Judges from the age 65 to 70 in accordance with the practice prevailing in USA where the Judges are appointed for life and that of the Judges of the High Court to 65 from 62 years.
(DEBASIS MISRA)
Advocate-On-Record
International Chairman
Please Provide me appropriate Email ID or Address to Send the suggestions on improvement of colegeum system for Recruitment of Judges of HC n SC
How can I send my Suggestions On Measures to Improve Collegium System for Appointment of Judges – send me details