The judgment of the Apex Court reaffirming the prevalence of the Chief Justice of India has been confronting criticism from legal experts. Legal Experts are of the opinion that however, the CJI is without a doubt the ace of the list. He couldn’t have been a part of the bench which is deciding on the fate and superiority of the CJI and other judges.
Retd. Judge J. B. Chandra Kumar, clarified that there is a training in the legal either at the High Courts or the Supreme Court that judges will recuse from hearing the cases at whatever point a few thought processes have been credited against them. He said it is normal practice at the SC for the CJI to recuse himself from cases in which the SC is the respondent on the grounds of the irreconcilable situation. Since the CJI is the regulatory leader of the SC Registry. A judge cannot take part in in case in which he is being charged, it is against the traditions and practices of Indian Judiciary, he included.
Legal counsellors at the Hyderabad HC likewise felt the, however, the judgment might be correct yet the way it was received to hear the case, was against the legal practice and was additionally unscrupulous. Justice Chelameswar senior most judge of the SC in an open meeting two or three days prior said “The CJI is the ‘ace of the program’. Without a doubt, the CJI has this power.
The CJI has the expert to constitute the Benches. However, under the protected framework each power is combined with specific obligations. The power is required to be practiced not on account of it exists but rather to achieve open great. You don’t practice the power simply in light of the fact that you have it.” Justice Dipak Mishra has been confronting feedback in the wake of apportioning the request of looking for test into the instance of the secretive demise of CBI judge BH Loya.
Mr Bhushan, senior legal counsellor and previous Law Minister who had likewise moved a PIL scrutinizing the forces of the Chief Justice of India had recorded 10 cases as illustrations wherein the CJI has professedly mishandled his energy.