While the Supreme Court should become a Constitutional Court, the setting up of Courts of Appeal, each comprising 15 judges divided into five benches, for the four regions of the country will prove to be a real boon to litigants.  Things had come to a pass in the Supreme Court of India, when Justice E.S. Venkataramiah in P.N. Kumar v. Municipal Corporation of Delhi, (1987) 4 SCC 609 relegated the...

The Supreme Court has refused to answer several queries filed under the right to information law on whether judges of the top court conversant with the affairs of Karnataka High Court had been consulted by the Chief Justice of India before a decision was taken to elevate Chief Justice P.D. Dinakaran to the apex court. The collegium, headed by the Chief Justice of India, had recommended Dinakaran’s name to the...

TWENTY-ONE judges of the Supreme Court, including the Chief Justice of India (CJI), posted the details of their assets on the court’s website. The details of assets of one judge, Justice H.S. Bedi, have not yet been provided. Justice B.N. Agrawal, who retired recently, also provided the details of his assets on the website on special request. (The details are available at http:// www.supremecourtofindia.nic.in/assets.htm.) The court has claimed that the...

Judges should be made of sterner stuff and should not recuse themselves merely to preserve an appearance of non-bias when there is no real possibility of bias.  Four recent cases in the Supreme Court have raised the question of when a judge, who has either a pecuniary interest in the litigation or non-pecuniary connection with a party to the litigation, should recuse himself from a case. In the first case,...