CJI Gavai recommends appointment of Justice Surya Kant as next CJI
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New Delhi (PTI): Chief Justice of India Bhushan Ramkrishna Gavai has recommended to the Centre the name of Justice Surya Kant as the next CJI.
Justice Surya Kant, the second senior-most Supreme Court judge after the incumbent CJI Gavai, is set to become the 53rd chief justice of India on November 24 after CJI Gavai's retirement on November 23.
CJI Gavai, who was sworn in on May 14 this year, recommended to the Union law ministry to appoint Justice Surya Kant as the next CJI, sources said.
Justice Surya Kant, who was elevated as a judge of the Supreme Court on May 24, 2019, would have a tenure of over 1.2 years as the CJI. He is due to retire on February 9, 2027.
The retirement age of Supreme Court judges is 65 years.
According to the memorandum of procedure, a set of documents, which guide the appointment, transfer and elevation of Supreme Court and high court judges, states that appointment to the office of the chief justice of India should be the senior-most judge of the Supreme Court considered fit to hold the office.
The Union law minister would, "at the appropriate time", seek the recommendation of the outgoing CJI for the appointment of his successor.
Conventionally, the letter is sent a month before the incumbent CJI retires on attaining the age of 65 years.
Justice Surya Kant, born in a middle-class family on February 10, 1962, in Hisar district of Haryana, became a top court judge on May 24, 2019.
Justice Surya Kant brings to the country's top judicial office a wealth of experience spanning two decades on the bench, marked by landmark verdicts on abrogation of Article 370, free speech, democracy, corruption, environment and gender equality.
Justice Surya Kant was part of the bench that kept the colonial-era sedition law in abeyance, directing that no new FIRs be registered under it until a government review.
In an order that underlined transparency in the poll process, he nudged the Election Commission to disclose the details of 65 lakh names excluded from the draft electoral rolls after the Special Intensive Revision (SIR) in Bihar.
Justice Surya Kant is also credited with directing that one-third of seats in bar associations, including the Supreme Court Bar Association, be reserved for women.
He upheld the One Rank-One Pension (OROP) scheme for defence forces, calling it constitutionally valid, and continues to hear petitions of women officers in the armed forces seeking parity in permanent commission.
Justice Surya Kant was on the seven-judge bench that overruled the 1967 Aligarh Muslim University judgment, opening the way for reconsideration of the institution's minority status.
He was part of the bench that heard the Pegasus spyware case, which appointed a panel of cyber experts to probe allegations of unlawful surveillance, famously stating that the state cannot get a "free pass under the guise of national security."
Justice Surya Kant was part of the bench that appointed a five-member committee headed by former Supreme Court Justice Indu Malhotra to probe the security breach during Prime Minister Narendra Modi's 2022 Punjab visit, saying such matters required "a judicially trained mind."
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Have no personal involvement in Cong’s action against some minority leaders: Shivakumar
Bengaluru (PTI): Karnataka Deputy Chief Minister D K Shivakumar on Friday said he has no personal involvement in action taken against certain Congress leaders from the minority community following allegations of an internal conspiracy during the recently held Davanagere South bypolls.
He clarified that the decisions were taken by the party high command based on available reports.
Asserting that party discipline is of utmost importance, Shivakumar, who is also the Karnataka Pradesh Congress Committee (KPCC) president, sought to downplay concerns that action against minority leaders may send the message that “Muslims are being targeted.”
“I don’t have any personal involvement in this. Whatever decisions are taken are made by the party leadership. The party has its own reports. Decisions regarding MLAs or MLCs cannot be taken at the state level without instructions from Delhi,” he said.
Speaking to reporters, he added, “People may blame me; I am not concerned. Everyone must function in accordance with party discipline.”
Responding to concerns within sections of the party that recent actions may convey the impression that minority leaders are being targeted, he said the Congress exists for the welfare of Scheduled Castes, Scheduled Tribes, minorities, backward classes, farmers, and all sections of society.
The Congress has suspended MLC K Abdul Jabbar from primary membership and relieved another MLC, Naseer Ahmed, from the post of Chief Minister’s political secretary.
The action followed allegations by a group of Muslim leaders that certain party members conspired to defeat the official candidate in Davanagere South.
Following the action, speculation has emerged that Housing Minister B Z Zameer Ahmed Khan may also face disciplinary measures during the next cabinet reshuffle.
The three leaders had reportedly sought a Muslim candidate for the Davanagere South bypoll ticket, which the party instead allotted to the late MLA Shamanur Shivashankarappa’s grandson, Samarth Mallikarjun.
They were also said to have not actively participated in the campaign.
Shivakumar also rejected claims of factionalism within the ruling party amid speculation that leaders close to Chief Minister Siddaramaiah were being targeted.
Naseer Ahmed and Zameer Ahmed Khan are considered close to the CM.
Rejecting allegations of factionalism within the party, Shivakumar said, “We speak to each other every day. It is the media that creates divisions. Where is my faction? Has anyone put up a board saying they belong to the Siddaramaiah faction? Have I put up any such board?”
“All 139 legislators are my people, and they are all Siddaramaiah’s people as well. Everyone belongs to the Congress,” he added, saying there are no factions within the party and that such claims are media-driven.
Public Works Department (PWD) Minister Satish Jarkiholi met Shivakumar on Friday, a day after expressing concerns that disciplinary action against minority leaders may send the wrong message.
Shivakumar said he discussed with Jarkiholi the need to decongest Bengaluru traffic by diverting vehicles entering the city from state and national highways, along with party-related issues.
“We also discussed political matters in the interest of the party and the need to work together,” he said.
Later, speaking to reporters, Jarkiholi said he discussed with Shivakumar the issue of withdrawing Jabbar’s suspension. He said he will also visit New Delhi next week to meet the high command and discuss state developments.
“Jabbar’s suspension was discussed (with Shivakumar). It should be withdrawn. Let’s issue him a notice and allow him to reply. Then let’s send the report to the high command and seek their approval. High command approval is necessary because the instructions came from there. It may take some time,” he said.
Stating that he met the KPCC chief for “damage control,” the minister said, “We have tried to convince him. Sometimes certain decisions happen that need rectification.”
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