First woman SC judge again; SH Kapadia appointed CJI

Chief Justice India SH Kapadia
Chief Justice India SH Kapadia

Supreme Court judge Sarosh Homi Kapadia will take over as Chief Justice of India (CJI) from outgoing CJI K G Balakrishnan on 12 May 2010, while the Supreme Court will have its first female judge in almost four years, the government of India announced today.

The government formally announced the appointment of Kapadia (pictured) as CJI and the swearing in of three new Supreme Court Justices, including Jharkhand High Court Chief Justice Gyan Sudha Mishra who will be the first woman sitting on Supreme Court benches since 2006.

Outgoing CJI Balakrishnan will retire on 11 May after having completed more than three years holding the office of CJI and will be replaced by Kapadia, who will be the country’s thirty-eighth CJI.

He is the most senior Supreme Court judge after Balakrishnan, having been elevated to the Supreme Court of India in 2003, which is almost two years before the next-most senior Supreme Court judge Altamas Kabir.

The CJI is India’s most senior constitutional judicial position, to which the President of India by convention appoints the judge with the most number of years on the Supreme Court bench.

Kapadia had started his legal career on 10 September 1974 when he was enrolled as an advocate and joined the judiciary as an Additional Judge of the Bombay High Court in 1991 after over 25 years of practice in various Indian courts. In 2003 he was appointed Chief Justice of the Uttaranchal High Court and in December of the same year rose to the Supreme Court of India.

Kapadia is scheduled to retire from the Supreme Court at the mandatory retirement age of 65 on 29 September 2012.

Meanwhile, outgoing CJI Balakrishnan will also swear in three new Supreme Court judges: Madras High Court Chief Justice Hemant Laxman Gokhale, Jharkhand High Court Chief Justice Misra and Bombay High Court Chief Justice Anil Ramesh Dave.

Misra is the first woman to be a Supreme Court judge since the retirement of Justice Ruma Pal in June 2006.

Once Balakrishnan retires, the Supreme Court will consist of a total of 29 sitting judges, out of a maximum of 31. [Clarification: original story mentioned a figure that did not count the newly appointed judges -Ed]

Comments

Anonymous guest 30 Apr 2010, 23:51
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“The CJI is India's most senior constitutional judicial position, to which the president [President?] of India by convention appoints the judge with the most number of years on the Supreme Court bench” - appears to indicate that the judge with highest number of years (experience wise) on the Supreme Court bench becomes CJI, while it is actually the senior-most judge (age wise), regardless of the years s/he spent @ SC, who becomes the CJI by convention. ?????
kianganz 30 Apr 2010, 23:58
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Purely by age Kapadia is nowhere near the oldest currently serving Supreme Court judge although he is by far the most senior judge by number of SC years.

If anyone can shed some more light and knowledge on this process would be interesting.

Best,
Kian
Anonymous guest 1 May 2010, 00:44
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Kian... you got it right. It’s seniority at the SC bench which counts and not age.
Anonymous guest 1 May 2010, 02:39
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Hope the present CJI delivers the Reliance judgment before retiring.
kianganz 1 May 2010, 02:44
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Re: Ambani's gas: I hear that is the plan - word on the street was that the judgment was almost handed down several times this week but will more likely now happen next week.

But in any case, the verdict is almost definitely expected before Balakrishnan resigns.

On another note, makes you wonder - maybe having all judges resign every three months could drastically reduce pendency of cases?

Just a thought.

Best,
Kian
Anonymous guest 1 May 2010, 02:53
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@ Kian,
Balakrishnan is retiring and not resigning. :-)
[Thanks for pointing out - now corrected. -Kian]
Anonymous guest 1 May 2010, 06:02
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Congrats to her. We need many more women judges. The bar is a not only a cesspool of corruption but a den of geriatric misogynists (especially in delhi) who resist women being appointed. I think prominent female lawyers like Indu Malhotra, Pinky Anand and Kamini Jaiswal can also be appointed (of course they may not want to give up their lucrative practice).

Also, Justice Nadira Patherya is languishing in the Calcutta High Court for many years. She is knowledgeable and is fluent in English (the latter quality can no longer be taken for granted among Indian lawyers today). If Justice Patherya is promoted, our stupid media should highlight her as a role model for Muslim women, instead of that overhyped bimbo drama queen sania mirza.
Anonymous guest 1 May 2010, 12:18
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Congratulations to her...! It's taken her quite a struggle to get there
@#7: You might be glad to hear that Justice Misra is pretty fluent in English too :P
Anonymous guest 1 May 2010, 16:00
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It is the rule of seniority that prevails. There has been much dispute regarding how the CJI is appointed. But by convention and for avoiding any interference by the Executive in the functioning of the Judiciary, the rule is that the senior most judge after the retirement of the earlier CJI becomes the next CJI.

As a matter of fact, J. Kapadia was in SC before Balakrishnan, and still Balakrishnan was made CJI. Why? He's older. So, now we know.
Anonymous guest 1 May 2010, 17:30
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Hi
Please check again, there are 29 Judges in the SC court at the minute, and the sanctioned strength is 30
Anonymous guest 1 May 2010, 17:41
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1. Justice. K.G. Balakrishnan
2. Justice. Kapadia
3. Justice. Kabir
4. Justice. Raveendran
5. Justice. Bhandari
6. Justice. D.k.Jain
7. Justice. Katju
8. Justice. H.S. Bedi
9. Justice. Sirpurkar
10. Justice. B. S. Reddy
11. Justice. Sathasivam
12. Justice. Singhvi
13. Justice. Aftab Alam
14. Justice. J.M. Panchal
15. Justice. M.K. Sharma
16. Justice. Cyriac Joseph
17. Justice. A K Ganguly
18. Justice. R M Lodha
19. Justice. H.L. Dattu
20. Justice. Deepak Verma
21. Justice. B S Chauhan
22. Justice. A K Patniak
23. Justice. T.S. Thakur
24. Justice. K.S Radhakrishnan
25. Justice. S S Nijjar
26. Justice. Mishra
27. Justice. Dave
28. Justice. Gokhale
Anonymous guest 1 May 2010, 22:56
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Reply to # 9:

Get you facts right first… then reach a conclusion (are you really a lawyer / law student or a gossip monger!)

Justice K.G. Balakrishnan was elevated as the Judge, Supreme Court on 08-06-2000.
Justice S.H. Kapadia was elevated to the Bench of the Supreme Court on 18-12-2003.
Source: http://supremecourtofindia.nic.in/
I hope now you know… its seniority at the SC bench and not age.
Anonymous guest 2 May 2010, 00:09
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the need of the hour is a modern all-india judicial exam through which people can become high court judges in their 30s (many countries have this). this will encourage bright students from NLUs to give the exam, as they all shy away from the bar.

of course, the biggest problem is that if we have such an exam laloo yadav and co will start demanding reservations.
Anonymous guest 2 May 2010, 05:41
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all india judicial service exam wudnt happen ever. judges dont have the drive and if it happens then too it will have stupid conditions like 7 years at bar..intlelligent people today have better opportunities and would not waste so much time getting 10,000 from condescending senior advocates..the result is a mediocre bar that we see today. not open to change, political and one that discourages true talent. i believe and it is true that natural intelligence exists and cant be replaced by any amount of smoke screen. i dont see that in judges and the decisions that they give. where is the natural flair of krishnamurty or bhagwati today?? we dont know the names of judges in SC except those who become CJIs. judiciary should open up to intelligent people and an intelligent lawyer at 24 is better than mediocre judges at 60. i hope people dont dispute natural intelligence at least..
Anonymous guest 2 May 2010, 10:44
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Kian, the title "the first woman SC Judge" is misleading
Anonymous guest 3 May 2010, 00:14
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All India Judicial Service is the way to go. However, it needs some years of experience in the bar. Only if you gain some experience in the bar can a judge understand the problems faced by litigants and the society at large. no law school can teach that. That is also the reason why the NLU graduates flock to law firms. And by the way experience in the bar, should mean real litigation experience. An alternative could be a national legal service where lawyers are selected through entrance exams. They work for a few years as a government counsel or legal aid counsel and through promotion based on performance and experience become judges. This will ensure quality both in the bar and the bench.
Anonymous guest 3 May 2010, 19:23
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@15 amd Kian's response

Title is actually misleading. The heading should be abbreviated in such a way that a person not reading the complete story does not have a wrong view.


lexosaurus 3 May 2010, 21:11
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The title indeed is very misleading - for someone not in the news loop of things or reading really fast - could potentially be confused about Hon'ble Kapadia's gender - which is not the what an article should project, besides being very politically incorrect!
Proof read please!
Anonymous guest 4 May 2010, 03:20
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Pretty sloppy editing. The headline could have said: Kapadia appointed CJI; First woman judge since 2006

[I think this is mincing meanings somewhat. I thought the appointment of a first woman in four years was more interesting than Kapadia as CJI, which was on the cards anyway. Therefore we focused on that for the headline. The semicolon may be easy to miss but it is there and would be hard to construe SH Kapadia is the first woman SC judge and CJI unless in a real hurry. -Ed]
Anonymous guest 5 May 2010, 05:24
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OK, Editor saab. Another way of putting it could be:

SH KAPADIA APPOINTED NEW CJI; JHARKHAND CJ TO BE FIRST WOMAN SC JUDGE SINCE 2006

But then that's quite a mouthful and would take up too much space!
Anonymous guest 5 May 2010, 06:00
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legallyindia has too many editing/proofreading/factual errors for a website with such a large following...buckle up! (with mostly lawyers as the website's followers, such errors are bound to be noticed!).

Also, giving importance to more 'interesting' than 'important' only makes another india tv. kindly desist for good.
Anonymous guest 5 May 2010, 13:23
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I agree titles are meant to be short. But "The first woman SC judge" is not the same as "The first woman SC judge in 4 years".

While I am not sure how the current heading confuses J. Kapadia's gender, it certainly gives the impression to any reasonable reader glancing through the headlines that Indian Supreme Court is getting a female judge for the first time in its history. Well, that is not the case. Many readers may not want to know the name or other particulars of the first woman judge in Indian SC. So they move on to the next item with the impression that the Indian SC has got its first ever woman judge.

And Kian, you may think the title is perfectly fine. You may be right in thinking so too. But the fact that among all these comments you are the only one who thinks so, indicates that the average reader of your site finds the title misleading. As headlines are meant to communicate with the reader and not with the author, don't you think we have a point here?
Kian Ganz 5 May 2010, 17:05
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Thanks for your feedback, I understand your concerns.

I really think it's a bit of a moot point really but we have reverted the headline back to the original by adding "again" after "First woman SC judge" to clarify matters, although I do think confusion if any really was minimal.

Anyway, happy to clarify if such a big issue although the headline does not roll off the tongue anymore.

Best,
Kian
Anonymous guest 7 May 2010, 22:17
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Hon'ble S.H. Kapadia is junior than Hon'ble Justice K.G. Balakrishnan, and he is in SC after Justice K.G. Balakrishnan. He delivered most reputative Super Bazar matter
Anonymous guest 18 Aug 2010, 04:35
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In India 97% of the total papulation do not understand english.present legal language is for India people English people. please look into the matter.


What mother's milk is to baby, mother tongue is to education.
Anonymous guest 27 Aug 2010, 01:06
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He is very great persona every person houner him from the heart. but we wnt to know full name of S.H Kapadia