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'SC Banned Bulldozer Justice Because Executive Cannot Be Judge, Jury and Executioner': CJI Gavai
'SC Banned Bulldozer Justice Because Executive Cannot Be Judge, Jury and Executioner': CJI Gavai

The Wire

timea day ago

  • Politics
  • The Wire

'SC Banned Bulldozer Justice Because Executive Cannot Be Judge, Jury and Executioner': CJI Gavai

Law CJI Gavai also quoted from the Supreme Court judgment in the case pertaining to bulldozer demolitions, which said 'Construction of a house has an aspect of socio-economic rights.' Chief Justice of India Bhushan Ramkrishna Gavai during the State Lawyers Conference organised by Bar Council of Maharashtra and Goa, in Mumbai on Sunday, May 18, 2025. Photo: PTI New Delhi: Chief Justice of India (CJI) B.R. Gavai on Thursday (June 19) told an assembly of top Italian judges how the Supreme Court had banned 'bulldozer justice', preventing the executive from becoming the judge, jury and executioner. "The executive cannot become judge, jury and executioner all at once," said CJI Gavai, reported Times of India. CJI Gavai also quoted from the Supreme Court judgment in the case pertaining to bulldozer demolitions which said "Construction of a house has an aspect of socio-economic rights.' He was speaking at the Milan Court of Appeal on 'Role of Constitution in Delivering Socio-Economic Justice in a Country: Reflections from 75 Years of Indian Constitution". "For an average citizen, construction of a house is often the culmination of years of hard work, dreams and aspirations. A house is not just a property but embodies the collective hopes of a family or individuals for stability, security and a future," said CJI Gavai. 'As we look back on these 75 years, there is no doubt that the Indian Constitution has strived for change in the life of the common people. To summarise, several aspects of Directive Principles were made enforceable by reading or legislating them as a facet of fundamental rights,' he added. CJI Gavai said that the Constitution's journey in the past 75 years in delivering socio-economic justice "is a story of great ambition and important successes...' "Affirmative action policies in education, which sought to correct historical injustices and ensure representation of Scheduled Castes, Scheduled Tribes and socially and educationally backward classes, have been a concrete expression of the Constitution's commitment to substantive equality and socio-economic justice," said the CJI. He cited his own example – the second Dalit to become CJI – and said that he was a product of the very constitutional ideals that sought to democratise opportunity and dismantle the barriers of caste and exclusion. The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.

Constitution an evolving document, adapting itself to changes: CJI BR Gavai
Constitution an evolving document, adapting itself to changes: CJI BR Gavai

Business Standard

time14-06-2025

  • Politics
  • Business Standard

Constitution an evolving document, adapting itself to changes: CJI BR Gavai

Chief Justice of India Bhushan Ramkrishna Gavai referred to the Indian Constitution as a living, organic, and evolving document that adapts to the changes demanded by various circumstances. Speaking at the Edinburgh Law School on the topic 'Constitution As An Evolving Document', the CJI said that in the last 75 years, the Constitution has witnessed several amendments in order to meet the challenges of the changing times. "As and when certain issues arose on account of the interpretation of the Constitution given by the Supreme Court, the Parliament has rose to the occasion, and has provided answers by way of amending the Constitution, so as to meet the changes of the new generations, the changes as demanded by the change in the circumstances," the CJI said in a speech on Friday. Gavai had earlier described the Constitution as a "quiet revolution etched in ink" and a transformative force that not only guarantees rights but actively uplifts the historically oppressed. Speaking at the Oxford Union in London on the theme 'From Representation to Realisation: Embodying the Constitution's Promise' on Tuesday, the CJI, the second Dalit and the first Buddhist to hold India's highest judicial office, highlighted the positive impact of the Constitution on marginalised communities and gave his example to drive home the point.

"Deepest Condolence": Chief Justice BR Gavai On Air India Plane Crash
"Deepest Condolence": Chief Justice BR Gavai On Air India Plane Crash

NDTV

time12-06-2025

  • Politics
  • NDTV

"Deepest Condolence": Chief Justice BR Gavai On Air India Plane Crash

New Delhi: Chief Justice of India Bhushan Ramkrishna Gavai and other judges of the Supreme Court on Thursday expressed their deepest sympathies to the families affected by the air crash of a London-bound Air India plane in Ahmedabad. A release issued by the top court said, "The Chief Justice of India and Companion Judges of the Supreme Court of India, along with the officials of the Registry express deepest condolence to the families affected by the tragic air crash at Ahmedabad today." CJI Gavai also expressed his concern for the residents of the B J Medical College where the London-bound Air India plane crashed, causing severe damage to buildings in the premises. "During this difficult times our thoughts and prayers are with them. May they find strength and solace in the support of their loved ones," the CJI said. Air India Flight AI 171 with 242 people on board, including passengers and cabin crew, crashed shortly after takeoff from Sardar Vallabhbhai Patel International Airport in Ahmedabad.

ICA conference reaffirms arbitration's central role in cross-border dispute resolution across India-UK economic corridor
ICA conference reaffirms arbitration's central role in cross-border dispute resolution across India-UK economic corridor

India Gazette

time05-06-2025

  • Business
  • India Gazette

ICA conference reaffirms arbitration's central role in cross-border dispute resolution across India-UK economic corridor

New Delhi [India], June 5 (ANI): The Indian Council of Arbitration (ICA) organised the 3rd edition of its International Conference on 'Arbitrating Indo-UK Commercial Disputes' during the London International Disputes Week (LIDW) 2025, where Chief Justice of India (CJI) Justice Bhushan Ramkrishna Gavai recapitulated the huge potential of growth in the India-UK economic corridor, aided by a robust cross-border commercial dispute resolution mechanism. The symposium laid emphasis on 'Synergising India UK Arbitration Practices' with dedicated panel discussions on 'Hybrid Dispute Resolution Models in Indo-UK Commercial Conflicts' and 'Bridging Dispute Resolution Mechanisms in India-UK to Enhance Trade & Investment,' according to the Ministry of Law and Justice. In a packed hall of legal luminaries and other stakeholders, Justice Bhushan Ramkrishna Gavai, Chief Justice of India, inaugurated the Conference by delivering the inaugural address. 'The very foundation of the concept of arbitration and mediation can be found in Indian traditional values, where disputes were referred to the elders of the village. As India continues to solidify its position as a major player in the world economy, the significance of arbitration institutions is becoming increasingly important in enhancing India's standing as a hub for arbitration,' CJI said. Arjun Ram Meghwal, Union Minister of Law & Justice, while delivering the keynote address, highlighted that 'Our Prime Minister Narendra Modi, at the 'National Initiative towards Strengthening Arbitration and Enforcement ' concluded in India, organised on October 23, 2016, has highlighted the importance of ADR. Hence, there was a need to simultaneously facilitate a vibrant ecosystem for alternate dispute resolution, including arbitration, mediation and conciliation. This will provide additional comfort to investors and business. More importantly, it will also ease the case load on Indian Courts'. During the inaugural session, the Rt Hon Lord Michael Briggs of Westbourne, Judge Supreme Court of the UK, stated in his keynote address that 'The statutory arbitration regimes in India and the UK are similar yet also different. In both, the statutory regime is embedded in our shared fabric of common law, which has for centuries recognised the right to a fair hearing in court. The recent signing of the India-UK FTA and the enhanced cooperation in terms of arbitral frameworks, replacing the mechanism of litigation for commercial dispute resolution, holds the potential to enhance the bilateral economic relations in times that come'. Vikram K Doraiswami, High Commissioner of India to the United Kingdom, in his special address highlighted 'The India-UK FTA is India's most ambitious FTA to date. It isn't just about the figures; it opens up government procurements on equal footing with British companies and spans a range of services and sectors to let both our countries benefit. The growth of commerce invites the growth of disputes unavoidably. However, eventually an efficient and effective dispute resolution is what will enhance innovation & private sector ingenuity, aiding the growth of commerce across the jurisdictions. In his welcome address, NG Khaitan, President, ICA & Senior Partner, Khaitan & Co highlighted, 'The Indian arbitral landscape is pro-arbitration which heightens investor confidence making India a preferred destination for international commercial dispute resolution. The New India is most cost effective and with best of arbitrators and mediators to aid commercial dispute resolution. Between 2016 & 2025, India mediated 7,57,000 through mediation in Lok Adalat, highest globally. This shows the reliability and trust the institution has garnered'. Arun Chawla, Director General, ICA and former DG FICCI, in his opening remarks underscored that, 'The base and promise of the India-UK Free Trade Agreement (FTA) is unmistakable: to enhance bilateral trade to USD 120 billion by 2030. This ambition is supported by greater services interoperability and increased professional mobility, especially for legal professionals, which holds particular significance. Legislative reforms in both jurisdictions are working tirelessly to advance this vision.' Karishma Vora, Barrister 39 Essex Chambers, London & Member of the ICA International Advisory Committee delivered the vote of thanks, emphasising the commonalities of dispute resolution in the UK & India within the India-UK economic corridor. ICA is one of the oldest arbitral institution in India, established in 1965 with prominent co-founders Government of India & FICCI (India's apex & largest chamber for commerce and industry) among others. We have been a trailblazer in institutional arbitration with highest adjudication rate of arbitration matters in India. Annually, the ICA adjudicates claims exceeding Rs 4000 crores (approximately USD 470 million), highlighting its significant role in dispute resolution. In addition to its role in spearheading institutional arbitration in India, ICA also has role in propagating and popularizing idea of ADR mechanisms, of disseminating information and educational material concerning arbitration processes and law. (ANI)

SCAORA acting beyond its mandate: SCBA president to CJI
SCAORA acting beyond its mandate: SCBA president to CJI

Hindustan Times

time04-06-2025

  • General
  • Hindustan Times

SCAORA acting beyond its mandate: SCBA president to CJI

New Delhi, The Supreme Court Bar Association president on Wednesday wrote to Chief Justice of India Bhushan Ramkrishna Gavai accusing the top court's advocates on record association of "overstepping" its mandate. The SCBA claimed that the Supreme Court Advocates-on-Record Association had issued communications on matters relating to the general infrastructure and bar members of the top court. In his letter to the CJI, Supreme Court Bar Association president Vikas Singh said he wanted to ensure that the functioning of this institution remained "cohesive, disciplined, and free from unnecessary overlaps" or conflicts-particularly in matters concerning the general interests of the bar or Supreme Court infrastructure. He underlined the need to promote a unified voice within the bar while ensuring "seamless collaboration" and respect for institutional integrity and maintaining harmony between the bar and the bench. "Surprisingly, in the recent times, Supreme Court Advocates-on-Record Association , while acting beyond its mandate, has been issuing communications on matters relating to the general infrastructure, facilities and issues concerning general Bar members of the Supreme Court. These subjects strictly fall within the exclusive domain of SCBA, which represents the collective interests of all categories of lawyers practising in the Supreme Court," Singh's letter said. He continued, "SCBA today comprises 22,734 members, which include 10,013 permanent members and 12,309 temporary members. There are 401 pending membership requests at present. These 22,734 members include 906 senior advocates, AoRs, and about 19,000 non-AoR practitioners." Notably, Singh said, there were 3,786 AoRs registered with the Supreme Court as of now and 3,000 of them were members of the SCAORA. "In that view of the matter, SCAORA does not even represent all AoRs registered in Supreme Court." Referring to a recent issue raised by the SCAORA to the secretary general, Supreme Court on biometric entry for lawyers, Singh said there was absolutely no question of members of the bar voluntarily offering such extensive personal information to the registry of the Supreme Court. "If on the other hand, there is any mandate from the Supreme Court, for security reasons, upon discussion with the SCBA, the Bar would, of course, fully cooperate," the letter said. Singh said sharing such biometric data by lawyers could be counter effective, considering the increased instances of breach of data privacy. He said SCAORA's scope should be limited to issues "concerning AoR practice" such as matters related to filing procedures, registry protocols, and AoR- specific concerns. The letter claimed that the SCBA, and not the SCAORA, was the only recognised court-annexed bar association that represented the members regularly practising in the Supreme Court.

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