बिल्कुल सही, कानून, न्याय और सरकार के मध्य एकांतिक वार्ता होनी चाहिये... इसे राजनीति से दूर रखना उचित...

Most judges agree that Collegium System has drawbacks. So we have to talk of what can be an improved system. However, no judge or lawyer suggests an improved system. They simply use the logics to defend Collegium System.

@chinmayneelkod931

Жыл бұрын

Mr bhatnagar tell me how can their be a system that is closed door? That subsequently does things according to its favour And can't be questioned Upon of these preachs democracy to whole country cant u smell a thing called hypocrisy?????

@ashishgaumat2686

Жыл бұрын

If judges make it transparent their dictatorship will go

@virenvivek

Жыл бұрын

@@chinmayneelkod931 judiciary should remain independent is basic structure of our constitution. don't u think if power to appoint was given in hands of the executive would destroy the autonomy of the judiciary. we are all aware what happened to N.S.O & other autonomous body .. i know very little so forgive me if i am wrong

@rawadosa90210

Жыл бұрын

@@virenvivek who had given this basic structure ? It's an invention of the judiciary, not the constituent assembly

@subbaraotanguturu9271

Жыл бұрын

Because they want to keep their dictatorial powers among theselves though preach democracy, constitution, rational processes etc to all.

Each and everyone in Judiciary, Executive,Parliamentarians should watch and listen to this great senior person and follow his advice to the tee. Very sane advice to all of them including we citizens.

@sasikumarn5786

Жыл бұрын

For that he should be reasonable 🤣🤣🤣

Great to listen.

Such a compassionate human being. Thank you so much Sir.

No words just loved the way he explained that in every family rhere are issue but the important thing is to move in a right direction with a good intent.

@spg6651

Жыл бұрын

Please tell us what is the " Right Direction " and what is the " Good Intent" these are nobel words each one having his or her own interpretation.

Wonderful. Great. Very honourable person. Quite interesting. Quite impartial. More human. Thanks.

Well said..but every system to be honest, fair and above board needs to have persons of integrity. Alas, that category is extremely rare in India of today.

NJAC is not a creation of the NDA government. It is based on the recommendations contained in the Fourth report of Second Administrative Reforms Commission titled "Ethics in Governance" . The recommendations were approved by the UPA Cabinet which had both Kapil Sibal and Chidambaram as Cabinet Ministers. There was enough research gone into before making recommendations. NDA government has only implemented those recommendations.

Very good opinion from Hon'ble Judge🙏🙏🙏

Very well said sir🙏

Classic Fali Nariman!!

@sasikumarn5786

Жыл бұрын

Tell us which of the arguments stand in its own legs. He appears to have a closed mind and contradicting himself. People of India canot afford to rest on the wisdom of one person how ever assuming he may be🤣

The NjAS could have been refined after discussion with Govt .. it’s the same SC which intervened in Appointment of CBI and now CJI also part of it selection committee.. if tomorrow the CBI chief found be be favouring or corrupt , who should be held responsible? Can the CJI who is part of selection process ? The point here is how can SC decided a law of it own to select its own members and most of the time the judges of families are also part of the SC .. nothing is full proof but it can be refined .. the CJI and Govt should work together and bring more refinement on the appointment

@spg6651

Жыл бұрын

Today 130 crores people feel the only job of Highest court is appoitment of judges nothing else -- Cases take 30 years -- Hence Roastering / appointment etc.. which is otherwise mundane job has taken prime seat .

@subbaraotanguturu9271

Жыл бұрын

Yes. Having government representative also not alter their power as lone member could be a onlooker not influencer.

@subbaraotanguturu9271

Жыл бұрын

@@spg6651 They browbeated the government to appoint more judges but how much they tried to adjudicate pending cases!?

" It all depends on us human-beings - crabs in the basket ". You could'nt describe it better Sir.

Long life to you Sir! Will listen you then

Sir wish to meet you once in life 🙏🙏🙏🙏😇😇😇😇

The legally good cases are dismissed without any legal Justification, as if we were before the king. Common Man is more affected than government.

Thanks bar and bench great interview

Why collagium not call for applications for the post of judges? The illigible candidates will file their application and will face the questions put by board

Constitution is greater than all,every person try to understand the importance of our constitution.

There will always be friction between the government and judiciary. After all they are all humans. No one's perfect.

Government MUST stay out of the judiciary..

Lovely sir.your eloquent at this age.Thanks sir.

for those whom it may concern. 1. Go to settings -> 2. search for Mono audio-> 3. Turn it on.

Why is justice so costly in the higher courts?

@user-hk7mz7no1m

Жыл бұрын

Everyone has to be given some

Of the Judge, For the Judge, By the Judge...

"The Living legend of law " 🙏🙏

@sasikumarn5786

Жыл бұрын

He degrade himself now with unsavoury arguments!

@hiheloByby6902

Жыл бұрын

@@sasikumarn5786 it happens sometimes .. due to certain reason... But I really respect him... For his knowledge of law..and great human being

@sasikumarn5786

Жыл бұрын

@@hiheloByby6902 👍

Very true

A genius 🇮🇳

Nice interview Sir & Pallavi Madam, Madam nice performance

Thanks

The advice, observations and illustrations given by our legal giant's like 👍 that of most adorable Shri F.S.Narimam is worthy to be emulated and both side... whether it is judiciary or the Law Ministry must try to avoid any sorts of their controversial approach to be highlighted in public through social media." JUSTICE IS SUBLIME " and the people's faith must not be allowed to be shaken.

@spg6651

Жыл бұрын

Is there any one taking negative about ISRO / NPCI / DRDO? why ?. No one talks negative about RATAN TATA sir why ? TATA group saved India and each and every one is indebted to TATA Group as they touch our life each day.. Why not courts do that ? Why courts always in confratation mode ? Courts are taking their nobel position of indepedence too far .. Constitution has given courts Indepedence for delivering justice -- NOT to enjoy indepedance -- Taking 20 years for case is not not ugly it is dirty s well -- There are cases pending for more than 30 years ? What else citizens should do other than Social media .. courts have big DANDA called CONTEMPT OF COURtS and scare the public

We should implement NJAC and amongst the 2 members from outside ( judiciary and politics) we should nominate people like him, Narayan Murthy, Ratan Tata, Deepak Parekh, the late Rahul Bajaj, Anand Mahindra and many more. If these luminaries can come from outside and help stabilise a system which is collapsing for a short while ( eg IDFC Ltd) why can’t such people be harnessed for NJAC. Even a 1 lac loan sanction has checks and balances like Sales/ Business, Risk Management , Operations before disbursement is done and even than mistakes get made ( post facto compliance, audit, vigilance also check these decisions). How can we give all power to 1 set of people who know only 1 point of view. In dynastic parties where there is no democracy or corporates where sons get foisted, disaster soon follows. The emergency saw extremes from politicians and now we see extremes from judges. Both are simply not okay. Politicians and a set of people( party) with a set ideology get booted out in elections but judges and a system with 1 point of view won’t even get voted out ( judges keep getting in their ideology people and resultantly we have set of people who are arrogant, pompous and think they are above the elected folks which is disastrous. Judiciary has lost respect and think too much of themselves.

@user-hb7lc1jw1h

Жыл бұрын

Corporate India is improving and benchmarking against the world, govt delivery is improving. Judiciary - no performance reviews, no step thinking, no trying to clear back logs - our judges are not much better wrt 10/20 yrs ago while our Army, bureaucracy, corporates, govt are constantly re inventing themselves. These Harvard people are a bane as are far removed from the real India. See what happens to parties or corporates who move away from the common public.

Main thing is there may be fear in judiciary and in public also if the govt. Involved in cooigium they will be transferred if the judgments delivered against govt, baseless and illegal complaints by public against like govt officers and servants will be damage the judiciary.

Is it true Judges appoint their Chelas and buckets as Next Judges?

@subbaraotanguturu9271

Жыл бұрын

Naturally. What is the procedure in appointing judges adopted known to any one!?

@AnkitKumar-yv5tp

Жыл бұрын

Not all.

Legendary... treasure trove

The best of the all worst system ❤❤❤❤❤❤

Legend words

Why not we adopt or akin USA way of appointing Judges in SC

Kindly put Subtitles in next interview and events.

Justice system has to work under the guidance of elected representative of public.

Whatever it is,is good and stable,we place our trust in colligium a judge better knows the efficiency of his brother judge,it is like Public Service Commissions where educationists,beraucrats are its members who test the ability of a candidate or service selection Commissions, Army Recruitment, promotions all are departmental affairs where politicians have no role to play similarly Colligium is best way to select a judge for High Court or Supreme Court.

It reminds me M.K ganghi who said if you have to choose between two evils choose none and if u have to choose between two goods choose both

Selection & elevation of HC & SC Judges should be done through competitive exams. and not through the collegium nor National judicial Commission .... Accountability must be fixed. ... When IPC & CRPC Rules are the same then why High court & Supreme Court's judgement are different.

🙏

Sir, being a legal luminary. Please suggest a better model . Please debar even meritorious dynasts and family & friends assembling together as judges . India has many meritorious candidates

🌹🌹

Who could know better than the sitting judges the practicing lawyer fit enough for elevation? Lawyers association should have a say in selection of the candidate for elevation

@subbaraotanguturu9271

Жыл бұрын

A transparent selecting process should be there that's all.

God of constitution

He has some really big ears!

Caveat: his son became a Supreme Court judge... directly from bar. So he is a stakeholder in prevailing Collagium system.

@spg6651

Жыл бұрын

Reduce the SC judges less than Rs 50000 per month -- No one will become Judge

@shibajimajumder7742

Жыл бұрын

And he is the person who defended the union carbide as client. So he has no moral right to say such floral talk on collegiums.

@spg6651

Жыл бұрын

@@shibajimajumder7742 I agree -- We have great scholarly lawyers who can get bail for even hard core terrorists .. That is the level of argument they can do -- HOW DO YOU SAY that person died only ebcaue of his bullet? He would have had heart attack extactly at that time ?. Bullet would not have kileld him types -- Our courts are less told the better -- Rs 30 lakhs per day lawyers can get anything done.

@nageshlali

Жыл бұрын

@@spg6651 YOu have hit the nail on the head that Rs 30 Lakh per day gets passed down to evey stake holder and the culprit is the collegium system which weaves a network among the stake holders to work together in high stake cases

@subbaraotanguturu9271

Жыл бұрын

@@spg6651 Rather than argument agreement among lawyers, judges and love and hate, fear etf decide who should be jailed or who is to be released etc. How Zubair was released!? How Arnab was jailed by a judge in Bombay HC and released by SC: how was Akbaruddin was jailed by lower court but released by TS HC!? Why KCR not challenged it in SC!? All happening at the whims and fancies of the judges involved. Nothing about constitution. Their decision is constitution by way of precedence.

"....Awake arise and stop not till the goal is reached... " swami vivekananda

Nepotism should be avoided and there are lots of brilliant others who deserve opportunity who don't have parent or relative in SC/HC to get selected. Maybe that's the major concern silently suffered by those others who can't raise voice for fear of losing their cases & career

@rgen5912

Жыл бұрын

Forgot to mention we need these kinds of gentleman advocates & judges for fair justice

@AnkitKumar-yv5tp

Жыл бұрын

There are many (mostly) judges in Supreme Court whose father were not judge and only few are what you call nepokids but they are also very talented not like politicians.

Judges should be chosen only by President supported by a body of retired judges from all high courts and SC and not at all by any SC collegium or politician body like NJAC.

@sanjaysakhalkar3813

Жыл бұрын

President appoint All HC, SC judges.

@sanjaysakhalkar3813

Жыл бұрын

Collegium only recommend.

🌹

denger supreme court press conference mai appointment of sc judges very disappointed

It is sad and telling that the Counsel and the judges won all their Cases and still had to argue before ordinary people like me... It may be a lesser evil as the argument goes on.

It is called accepting Bad amoung Worst system. If it's gone in the hands of Politician, there could be open bidding as per the status.

No system is perfect. Why not the government with parliamentary approval appoint every other judge and the collegium appoint every other judge. This way you have balance.

I have a question, how far it is legal to support a government's policy and organize a protest being a working members of BAR.

The discussion reveals ego being the stumbling block in building healthy relation between judiciary and the govt. And also says the earlier c j sri chagla used to have freqent discussions with govt which wd strengthen democracy. What prevents the judiciary to take a step forward

For such a High posts, collegium selection is most evil compared to Proper written tests, personal Interviews in a Panel includes CJI, any Retired CJI a Eminent lawyer and PMO too

When people get justice ask once court.and advocates...rather elites...its matters of elite class...

The Collegium and The NJAC both have drawbacks. But a new system has to be arranged. I think the public has to become active in this regard and take the matter out of the politicians and judges hands

PM has the ultimate power who he wants to run the country. Not the judges.

The damage has been done!There is a deep trust deficit between two wings of democracy!Meanwhile the public at large is suffering ! Where does this end.? Requires lot of oil in the system!

देश आज़ाद से आज़ तक जज बनने के लिये एक ही योग्यता बस इन सतर परिवार मे पेदा होना बस आपका जज बनना तय वाह क्या योग्यता बाकी वकालत करते रहो

I like his example about mudslinging Parties comparing big animals in forest don’t fight each other let them learn lesson no one Is bigger P J or E but his mantra constitution is big ,that’s it

True collegium is better and efficient system available to us

But remember in democracy sovereign lies on the people will and therefore people representatives are parliamentarians therefore parliament is supreme

Why so much importance to such lawyers, they like any other profession with all their flaws

@spg6651

Жыл бұрын

He is old and elderly and generally we respect elderly people

These people should take some firm stand..lesser evil theory not acceptable….

The collegium system must have government representatives because government is a representative of the people.

If not doubt about collegiums systems why SC carrying same..why not every people representative in this.

Classic

Tyranny of the ELECTED led to another kind of tyranny, tyranny of the UNELECTED, as I have understood from this interview. Suggestion, as to how and what should be done to make the Collegium system acceptable to all, (which Nariman Sahab also terms as another EVIL, THOUGH OF A LESSER DEGREE), has not been mentioned. I wish learned people from all walks of life participate in this process, since the judiciary and the Govt. do not seem to be heading in this direction at the moment.

It's astonishing that an eminent luminary like Nariman aquises the collegium system for selection of judges. He blames democracy, but is ready to accept the fallacies involved with collegium system. Remedy involves greatest extent of democratization of collegium system.

@subbaraotanguturu9271

Жыл бұрын

Exactly.

30 to 35 family are in collegium set. Who are............

Collegium much better than allowing our politicians to decide the judges. Significant amount of politicians have criminal cases and uneducated.

@bv6168

Жыл бұрын

You must be an a**hole. You elect politicians every in 5 year and so they are accountable to common people. But these judges are corrupt, unaccountable and favor nepotism to the core and select themselves. Indian judiciary is main source of corruption in the country.

@Existential_Bengali

Жыл бұрын

What do you mean by politician??? An elected representative of the people hold the sovereign right of the people of India to decide.) You want dictatorship of a few self appointed lawyers in the name of democracy???

@aloronbezbaruah4745

Жыл бұрын

@@Existential_Bengali will anyday prefer judges appointing judges to a criminal politician appointing judges

@prashantkushwaha876

Жыл бұрын

U know sir this is judiciary who linger cases of politicians PM who had requested for fast track of politicians cases in 2016 in separate courts but no progress from judiciary .they may file PIL for their contempt but not take any decision on fast track desecion on corruption cases ,they are not ready to disclose their property which all civil servent do RTI is not applicable on them

What are the criteria to become a judge first please lay down the rule position

Privilage is a kind of arrogance

Why not open advertisement by supreme court which provides equal opportunity to public why is this closed system,why don't they take written test and interview ,why they don't disclose their property which all civil servent do why RTI is no applicable on them ,are they above of greed and lust or favourism as politicians

No system is perfect.But in the case of judges appointment, you should have a godfather.Many a times merit is overlooked,and many other consideration come to play.Of course by and large meritorious people get appointed.But many many,deserving people are left out and totally undeserving people get appointed.

@syedharoonahmed2081

Жыл бұрын

As lawyer for these 45 years I have seen how our judiciary at his helm of affairs doing their service in appointments from selecting or appointing right from a MAGISTRATE up to JUDGES of high court I was a practitioner in Madras high court by then one judge resigned because he was transferred Much water flown till now and We are here witnessing at the throw of hat judges are shunted for the reasons best known with galloping gossips Let’s saner wit take us in the right path

@ vivek.we are not developed country

Collegium systems have its burning bottlenecks which cannot be left ignored any more, as Constitution of India is above/greater than the supreme powers of SC and the Indian Judiciary too, and so ongoing incomplete Collegium systems need reforms necessarily. Unmerittedly chosen and appointed Judges for HCs have to be discarded as it is immoral as well as unconstitutional. Indian Judiciary is also of the people, by the people and for the people. We, as citizens of India, are continuing to be frustrated by such unjudicious Collegium systems of SC. & HCs. For example, we never morally encourage and want gay judge or any politically activist advocate to be chosen and appointed as judge of HC. It is most pathetic that a lot of media and public criticisms have been disgustingly going on nationwide against SC's ongoing erroneous Collegium systems and CJI's continued adamency to remain unchanged with. All these are largely tarnishing the image of SC and Indian Judiciary too. CJI of SC and Centre should do more needful about collegium systems for uplifting of Indian Juciary.

Once the appointment of judges slips in to the hands of politicians that is nothing but distroying one important pillor of democracy in India.None believes our politicians At least now Dharm Devata is moving on one leg.If politicians enter they will break that leg also

PM and Parliament elected by public are the only one who has the right to Appoint Judges.

How is it lesser evil when it is closed shop!!! Most of the judges get their sons nominated by their group of friends. Why can't they have UPSC type exam to elect judges from lower court and go from there to promote them ??

just proves, that,eminent lawyers can also, have corny views.

Hindustani culture is Comparision, Criticism,Complex ..C3 but justice delayed justice denied detroriating the Greatness of CONSTITUTION but every hindustani is caring the same.

Hope the collegium system would not degrade into a closet monarchy.

Company man

Yeah, collegium system is good for these judges because their children and grandchildren can become justice while a meritorious common man can just dream to become a judge in High court or supreme court. Also the supreme court judge should not be from a specific caste. Minorites caste and religion should be represented so that there is no bias in judgement.

Government and politician came judiciary lost its independence

Lack of transparency and accountability Lack of women representation Nepotism called uncle judgement . To ensure transparency in the appointment of judges and independence Judiciary. Solution Check and balance ,neutral between government and judiciary.

Such doyens in the Bar glorifying the rule of law & we have to inculcate them as lawyers & judges Ver profoundly made his reply to the interviewer about the NJC case collegium demeanour of the judges while in office or out lot many things with examples involved personalities To be preserved for the posterity

Evil is evil,there is nothing less or more in it this man is playing on both the sides

No question of this unaccountable judiciary to continue, this British Raj nonsense must stop immediately.

Is he still alive?

Collegium system is like the set up in Congress party. Even the most undeserving non meritorious candidate can be the torch bearer thus making the judiciary most underperformer among the three branches of constitution