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LATEST NEWS UPDATES | Transparency test for symbol of trust -R Balaji

Transparency test for symbol of trust -R Balaji

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published Published on May 9, 2018   modified Modified on May 9, 2018
-The Telegraph

SC refuses to give copy of order forming bench, MPs withdraw petition on Chief Justice

New Delhi:
A transparency test was staring at the Supreme Court after a constitution bench refused on Tuesday to entertain a persistent plea for a copy of an order through which the same bench had been formed to look into a plea linked to the Chief Justice of India.

Following the court's reluctance to furnish the copy of the order, two Congress MPs withdrew their petition challenging the Rajya Sabha chairperson's dismissal of a notice for a motion to impeach Chief Justice Dipak Misra.

Kapil Sibal, senior advocate and Congress leader who represented the petitioners, declined to argue the merits of the case until he could go through the order, find out who issued it and decide whether it could be challenged.

As night fell, the country appeared deeply divided over the highest judicial office in the land. Union finance minister Arun Jaitley posted on Facebook: "The Congress Party was looking for a friendly pitch to bowl on." Other social media users lamented the state of affairs in "New India".

The copy of the order is crucial because it will establish whether it was "administrative" or "judicial".

The nature of the order holds enormous significance. "Judicial orders" are passed by judges sitting in court and after hearing the arguments of lawyers. "Administrative orders" are issued by the Chief Justice of India in his chamber.

A constitution bench is usually formed after a two-judge bench, followed by a three-judge bench, issues a judicial order calling for a bench of five judges. After such an order is issued, the Chief Justice forms the bench.

For less important matters, the Chief Justice issues an administrative order forming either a two-judge or three-judge bench.

On Monday night, it became known that a constitution bench had been formed to look into the petition filed by the two Congress MPs.

However, earlier in the day, the bench of Justice J. Chelameswar, the second senior-most judge, had not issued any judicial order in the courtroom to form such a bench.

If it can be established that the constitution bench, normally formed after a judicial order is issued, was set up through an administrative order, its very formation could be challenged.

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The Telegraph, 9 May, 2018, https://www.telegraphindia.com/india/transparency-test-for-symbol-of-trust-229155?ref=hm-ft-stry-1


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