#StoryAlert 🚨
Chief Justice of India N V Ramana retires on Aug 26, leaving behind almost all cases of national & constitutional importance unheard. I make a case-by-case analysis of matters not listed & heard by Ramana & compare them to his speeches.
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article-14.com
Chief Justice of India N V Ramana retires on Aug 26, leaving behind almost all cases of national & constitutional importance unheard. I make a case-by-case analysis of matters not listed & heard by Ramana & compare them to his speeches.
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article-14.com
Did Chief Justice Ramana walk the talk?
“Judicial review of legislative and executive actions is an integral part of the constitutional scheme. I would go as far as to state that it is the heart and soul of the Indian Constitution. In my humble view...."
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“Judicial review of legislative and executive actions is an integral part of the constitutional scheme. I would go as far as to state that it is the heart and soul of the Indian Constitution. In my humble view...."
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"...in the absence of judicial review, people's faith in our Constitution would have diminished.” — CJI Ramana on 23 July 2022 during one of at least 29 lectures he delivered.
Yet, during Ramana’s time, Sup Court did not exercise this power of judicial review in imp cases.
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Yet, during Ramana’s time, Sup Court did not exercise this power of judicial review in imp cases.
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When cases are not listed for hearing, the responsibility lies with the Chief Justice since he is the master of the roster.
Two common emotions emerged in my conversations with petitioners of important cases, and lawyers—disappointment and little hope. Stay with me 👇
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Two common emotions emerged in my conversations with petitioners of important cases, and lawyers—disappointment and little hope. Stay with me 👇
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1. Abrogation Of Article 370: Pending For 1,115 Days
“One of the major challenges to the protection of rule of law and human rights is the inability of the formal justice system to deliver speedy and affordable justice to all.”
—Chief Justice Ramana, Srinagar, 14 May 2022
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“One of the major challenges to the protection of rule of law and human rights is the inability of the formal justice system to deliver speedy and affordable justice to all.”
—Chief Justice Ramana, Srinagar, 14 May 2022
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There was a request to list the Kashmir challenge in April 2022 before Chief Justice Ramana’s bench.
Ramana's answer: “We’ll see”.
“After the effects of the Act are executed on the ground, they are difficult to reverse,” said @AdnanAshrafMir.
Ramana's answer: “We’ll see”.
“After the effects of the Act are executed on the ground, they are difficult to reverse,” said @AdnanAshrafMir.
2. Challenge To Electoral Bonds: Pending For 1,816 Days
“Citizens can strengthen the “Rule of Law” by being knowledgeable about it and by applying it to their daily conduct and pushing for justice when needed.”
—Chief Justice Ramana, P D Desai memorial lecture, 30 June 2021.
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“Citizens can strengthen the “Rule of Law” by being knowledgeable about it and by applying it to their daily conduct and pushing for justice when needed.”
—Chief Justice Ramana, P D Desai memorial lecture, 30 June 2021.
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On 5 April 2022, senior advocate @pbhushan1 requested Chief Justice Ramana’s bench to list the case for hearing.
Ramana blamed the delay in hearing the case on the pandemic and promised that they would “take it up”. But he did not. @JagdeepChhokar said-
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Ramana blamed the delay in hearing the case on the pandemic and promised that they would “take it up”. But he did not. @JagdeepChhokar said-
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3. Challenge To Constitutionality Of UAPA: Pending For 1,105 Days
“It is necessary for us all, the citizens of the world, to work tirelessly to sustain and further the liberty, freedom, and democracy our forefathers have fought for.”
— Chief Justice Ramana, USA, 26 June 2022
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“It is necessary for us all, the citizens of the world, to work tirelessly to sustain and further the liberty, freedom, and democracy our forefathers have fought for.”
— Chief Justice Ramana, USA, 26 June 2022
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In Nov 2021, another challenge to UAPA came to Chief Justice Ramana’s bench, which issued a notice but never since heard the case.
Instead of deciding constitutionality of UAPA, the Supreme Court effectively stayed a Delhi HC order that restricted state powers. @ShyamMeeraSingh-
Instead of deciding constitutionality of UAPA, the Supreme Court effectively stayed a Delhi HC order that restricted state powers. @ShyamMeeraSingh-
4. Reservation Based on Economic Criteria: Pending For 1,323 Days
“I am a strong proponent of affirmative action. To enrich the pool of talent, I strongly propose reservation for girls in legal education.” —Chief Justice Ramana, New Delhi, 10 March 2022.
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“I am a strong proponent of affirmative action. To enrich the pool of talent, I strongly propose reservation for girls in legal education.” —Chief Justice Ramana, New Delhi, 10 March 2022.
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On 5 August 2020, a three-judge bench headed by then Chief Justice Bobde decided to refer the matter to a larger bench of 5 judges. There has been no hearing since.
Under Chief Justice Ramana, no attempts have been made to constitute a constitution bench of 5 judges. @advsanjoy-
Under Chief Justice Ramana, no attempts have been made to constitute a constitution bench of 5 judges. @advsanjoy-
5. The Citizenship Amendment Act: Pending for 987 Days
(This is a big one!)
“Educated youth cannot remain aloof from social reality. You have a special responsibility… You must emerge as leaders. After all, political consciousness and well-informed debates can..."
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(This is a big one!)
“Educated youth cannot remain aloof from social reality. You have a special responsibility… You must emerge as leaders. After all, political consciousness and well-informed debates can..."
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"...steer the nation into a glorious future as envisioned by our Constitution. A responsive youth is vital for strengthening democracy.” —Chief Justice Ramana, National Law University, Delhi, 9 December 2021.
Over 200 petitions filed but no hearing was provided. @banojyotsna-
Over 200 petitions filed but no hearing was provided. @banojyotsna-
6. The Hijab Case: Pending 159 Days
On 2 August, an advocate requested Ramana’s bench for a hearing. Ramana said one of the judges was unwell. No date was given. On 26 April, he said, “Wait for two days.” On 13 July, he said, “Wait till next week.”
No hearing in 159 days.
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On 2 August, an advocate requested Ramana’s bench for a hearing. Ramana said one of the judges was unwell. No date was given. On 26 April, he said, “Wait for two days.” On 13 July, he said, “Wait till next week.”
No hearing in 159 days.
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There are several other cases too, that CJI Ramana steered clear of.
Most recently, Chief Justice Ramana did not list the Pegasus case for hearing and considering the final report submitted by the Technical Committee probing Pegasus allegations.
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Most recently, Chief Justice Ramana did not list the Pegasus case for hearing and considering the final report submitted by the Technical Committee probing Pegasus allegations.
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There are 53 matters pending at the Supreme Court that require a constitution bench (5 or more judges). Cases like Art 370, EWS Quota need it.
Under CJI Ramana, only one constitution bench of five judges functioned in Sept 2021 in a case related to Adani Power Ltd.
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Under CJI Ramana, only one constitution bench of five judges functioned in Sept 2021 in a case related to Adani Power Ltd.
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It's not only about cases kept in limbo. There were other issues relating to the higher judiciary that CJI Ramana failed to pursue, such as long-standing demands for reforms, transparency in the collegium system of picking judges; a more transparent system of listing cases..
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...live-streaming of court proceedings; and fixing criteria for selection of judges.
Speech Vs Action? More on this and rest on @Article14live. For leads relating to the judiciary, DM me!
Do share, retweet, and support!
article-14.com
Speech Vs Action? More on this and rest on @Article14live. For leads relating to the judiciary, DM me!
Do share, retweet, and support!
article-14.com
Oh, I leave you with one last quote from Chief Justice Ramana's speeches-
“There is no meaning in camouflaging or hiding the problems. If we don’t discuss these issues, if matters of pressing concern are not addressed, then the system will cripple. I fear, we may...
“There is no meaning in camouflaging or hiding the problems. If we don’t discuss these issues, if matters of pressing concern are not addressed, then the system will cripple. I fear, we may...
...be unable to fulfill our Constitutional mandate of social justice."—CJI Ramana, All India DLSA, 30 July 2022, talking about problems faced by the judiciary.
So, did the system cripple? Did CJI Ramana attempt to fulfill this constitutional mandate? The jury's out!
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So, did the system cripple? Did CJI Ramana attempt to fulfill this constitutional mandate? The jury's out!
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