RM Lodha's ace in hole: Rohinton Nariman, Gopal Subramanium, 2 others to become SC judges

Subramanium: One of four aces
Subramanium: One of four aces
Facing a long string of retirements during his term, Chief Justice of India (CJI) RM Lodha and the collegium have recommended the elevation of former solicitor generals of India Rohinton Nariman and Gopal Subramanium to the apex court, alongside Adarsh Goel and Arun Mishra who are respectively Orissa and Calcutta high court chief justices, reported The Hindu, the Times of India and the Indian Express today.

The appointment of two practising lawyers to the Supreme Court at once is unprecedented, according to the papers*,* with no advocate having been on the court’s bench since Santosh Hegde between 1999 and 2005.

Nariman and Subramanium, with the former having succeeded the latter as solicitor general, will respectively have tenures of seven and nine years as Supreme Court judges, according to The Hindu, which has given potted synopses of the four candidates’ careers. Their names will likely be confirmed once the next government takes over.

Subramanium told the Times of India that successful senior advocates would have to sacrifice a lot in order to become a judge, saying: “But I took a call and decided to serve in the temple of justice.”

Subramanium, who is aged 56, was a former ex-officio member of the Bar Council of India, had joined English barristers chambers 3 Verulam Chambers as an arbitrator, Legally India reported in late 2013. He is also a visiting professor at Delhi University and an honorary adjunct professor at Jindal Global Law School.

Nariman, aged 58, was designated as one of the youngest ever senior counsel at the time at age 37 in 1993 after the official minimum age for senior counsel was reduced from 45.

Also read: Court Witness’ column on Subramanium and Nariman from 2011.

Comments

Guest 14 May 2014, 04:04
+6 -0
So no Justice Chandrachud. He is trying desperately to be the next CJI
Guest 16 May 2014, 09:53
+5 -0
Though Justice Chandrachud, deserves every bit to be elevated to the SC but he is doing an amazing job here in Allahabad HC. Never has Allahabad (and Lucknow Bench) seen a better chief. Despite being so thorough and knowledgeable, he, unlike typical judges here in UP, never tries to intimidate you. Arguing before him is like engaging in a discussion, where the arguing counsel does not feel like a small fry.
So much of cleansing that he has already done, judicial system here in UP perhaps needs a longer tenure from him to thoroughly revamp the system.
rml 14 May 2014, 05:01
+2 -0
Does GS become Chief?
Guest 14 May 2014, 06:24
+0 -0
Yes
kianganz 14 May 2014, 06:30
+0 -1
Wouldn't it depend on his exact birthday?

Justice NV Ramana retires on 26.08.2022.

If Subramanium's birthday is before 26 August, he would retire before Ravana would retire as Chief, is that correct?
Confused Zeus Says . . 14 May 2014, 08:43
+5 -2
Dude, he's not "Ravana" - he's "Ramana." Under Indian mythology, Rama symbolizes good and Ravan symbolizes evil. Referring to a person as "Ravana" could well be deemed an insult. Please edit or you could be sued for defamation.
Varun 14 May 2014, 09:25
+13 -5
Ravana only symbolises evil in the north Indian traditions. In the South, many versions depict Ravana as knowledgeable and kind, and Sita as his daughter who is abducted by Rama. So don't try and impose your version of what is a commonly owned mythology on other people. Jerk.
kianganz 14 May 2014, 09:29
+0 -0
Oops - autocorrect on mobile really got me today! Hadn't corrected the second error in his name... let it be known that his name is not Ravana and that was an unintentional error.

Seriously though - does anyone know if Gopal will be CJI or when his birthday is? Most people seem to think he will be...
AS-AOR 14 May 2014, 10:12
+0 -0
The date of birth of Mr Gopal Subramanium is July 1958, so I think he will be the CJI, for around 11 months, after Justice Ramana in August 2022 and should continue as the CJI till July 2023.
kianganz 14 May 2014, 10:14
+1 -0
Then GS is actually only 55 right now, and not 56 as was written in newspaper reports? That would indeed give him CJI-ship foreseeably.

Good stuff!
Dazed and Confused 15 May 2014, 07:04
+0 -0
Totally with you on this. North Indian bias in LI is usually unchallenged.
Rollaj 14 May 2014, 14:54
+3 -0
Bruh, you sound like you're part of the ab-ki-baar-toddy-sarkar-brigade!!

Mountain out of a ..mm.. typo?
bumbumbole 14 May 2014, 09:45
+0 -0
hahahahaha. Ravana! Kian - you rock! :)
DSNLUite 14 May 2014, 17:57
+1 -0
Ravana and Ramana .Please correcy
puj 17 May 2014, 05:26
+2 -0
no no no
country is saved
NaMo NaMo namah
He was a congress guy
Seema Sapra 14 May 2014, 06:22
+16 -27
Gopal Subramanium on the Supreme Court bench will not be in the national interest. Hope it does not happen.
Akshay 14 May 2014, 06:37
+2 -9
Neither does your making blanket statements on a forum such as this.
Guest 14 May 2014, 12:20
+1 -0
[quote name="Seema Sapra"]Gopal Subramanium on the Supreme Court bench will not be in the national interest. Hope it does not happen.[/quote]

say why?
Seema Sapra 14 May 2014, 15:40
+9 -2
His role in certain high profile dubious terror trials is questionable, Afzal Guru, the David Headley connect to the Mumbai blasts. the Kasab trial, the cover-ups with national security implications.

The Niira Radia tapes mention.
To Kian 17 May 2014, 12:01
+0 -11
Kian, What the fuck is wrong with your moderators ? Shouldn't you avoid having such loose and unsubstantiated allegations published on your site ?
Seema Sapra 17 May 2014, 15:00
+7 -1
From the Niira Radia tapes as reported at http://www.outlookindia.com/article.aspx?268082

"RT: But now with the new attorney-general or whoever he is...

NR: No, Ratan, that’s a good thing. I’ll tell you why—because he can only handle constitutional matters. The solicitor-general is the gentleman—I told you about the swimming pool thing—Gopal Subramaniam. He’s the guy who will be doing the interpretation. I’m going to see him. I sent him a message and he said he will call back at 5.30-6 when he gets free and is home. So I will be briefing him.... Actually, he hates them (the Anil Ambani group). I’m not sure he’ll agree to what they say. He’s an upright person.... I think Raja will be trying to get in the AG. He briefed PM yesterday about 3G saying he wants to put up a cabinet note and doesn’t want to go to the GoM. They’ll do all this drama but I don’t think there’ll be 3G auctioning before March next year. They’re not gonna do it in a hurry. And the only reason they want to do 6.25 (MHZ) for Anil is so that he can get AT&T to buy into his company. AT&T is talking to him right now, Ratan.

RT: I see..."
Seema Sapra 17 May 2014, 15:15
+9 -2
These are not "loose and unsubstantiated allegations". These are valid comments, there is something called transparency, the Radia tapes mention of Gopal Subramaniam is on the record, and it shows that Radia had access to him as Solicitor General on 2G issues, how and why?

Remember the uproar created by the CBI about Raja's lawyers being present during a CBI meeting with Gopal Subramaniam on 2G?

The questions about the Afzal Guru trial, the Kasab trial and the cover up of the larger conspiracies in both attacks (Parliament and Mumbai seige)are not invalid. There are credible questions asked by many persons of credibility in the public domain about what really happened and who was involved in the attacks. Both Guru and Kasab were small fry.

It would be a fair comment that there were serious issues/ questions as to whether Guru and Kasab got a fair trial.

Look up the wiki-leaks cables on Kasab's trial and you will appreciate my point that the trial could not be described as fair.

https://search.wikileaks.org/plusd/

This is not to say that Kasab was not on the "team" that carried out the attacks.

Gopal Subramaniam was involved in the prosecution of both of them.
Absurd 18 May 2014, 11:03
+3 -9
Meeting Radia was and is no crime. Besides, you heard it from the *itch itself, the man is upright and a gentlemen. Your other allegations are baseless and those wiki links do not establish hanky panky on GS's part as a counsel. Kian, it is indeed disturbing to see the sort of stuff you allow being posted on your site.
Confused Zeus Says . . . 17 May 2014, 16:33
+13 -0
Whoever you are, such language is uncalled for. The commenter has named herself. If you have a problem, you can take up the issue with her. Using expletives only shows that you have a very poor vocabulary.

[quote name="To Kian"]Kian, What the fuck is wrong with your moderators ? Shouldn't you avoid having such loose and unsubstantiated allegations published on your site ?[/quote]
Phak Yu 18 May 2014, 11:19
+2 -14
Yais, I am having the poor vocab. Phak Yu.
Guest 14 May 2014, 07:18
+0 -0
I think this is a laudable move. There will be people who will say there were other deserving lawyers, but these gentlemen deserve no less.
Lighter Vein! 14 May 2014, 07:34
+0 -0
@ 2.2 Hey Kian, While I would be happy for either of GS or Justice Ramana, if they were to be Chief, it would sure be a sad day if the inadvertent slip in your comment came true and "...Ravana would retire as Chief.." :)
DBS 14 May 2014, 09:10
+2 -0
So both have agreed to give up their flourishing practice & become SC Judge. Laudable!!
P Pandey 14 May 2014, 11:53
+0 -6
The elevation of Gopal Subramanium and Rohinton Nariman to the bench of the Supreme Court of India has come with a mixed feeling. There is no doubt that these two advocates practicing mainly in the Supreme Court are brilliant, laborious lawyers possessing the deep understanding of law. It is delightful experience to hear them arguing the cases. They have also worked as the Solicitor General of India and have conducted many cases in the Supreme Court with great acumen and felicity. Thus, their elevation may be the gain to the bench but it is certainly a loss to the legal profession. After a few years of judgeship, they will hardly be able to make any significant contribution to the profession once they are retired.
It is being seen that because of the uncertainty prevailing on the side of litigation in the profession most of the young and talented advocates opt for the soft and lucrative jobs in the companies or law firms. They get reasonably good salaries right after passing out from the law colleges but it is a sheer loss, as youngsters will have no role models. Talented young lawyers will further feel dissuaded from choosing the profession, which is full of glorious and not so glorious uncertainties.
Another important factor that discourages the youngsters is the long periods of gestation in the litigation field unless, of course, one is lucky to have sound backing. Only those who have the solid support can sustain in the profession with dignity. However, it is also a matter of satisfaction that from the bench their Hon’ble Lordships will set standards in jurisprudence by their brilliant and path breaking judgments.
I wish they could have refused to join the bench but this is merely a wishful thinking because it is very difficult to resist the temptations of the Supreme Court judge.
Doc 14 May 2014, 15:44
+1 -0
You need to correct one fact: the youngest Senior anointed by the Supreme Court is not RFN but Ashwani Kumar. He was just over 35 years of age when he was made a Senior. However, the considerations were very different from RFN and GS being made by a Venkatachaliah led Court on the same day.
kianganz 14 May 2014, 16:22
+1 -1
Thanks Doc, you're right, been corrected!
Guest 18 May 2014, 13:24
+1 -0
RFN remains the youngest. Ashwani Kumar's name does not figure on list of Senior Counsel's designated by the Supreme Court.
DBS 15 May 2014, 08:51
+0 -0
Really? Never knew this. Even AM Singhvi was one of the youngest!!
Doc 15 May 2014, 15:39
+1 -0
Singhvi was made by the Delhi High Court. But High Courts have often made young Seniors like Akshay Bhan recently in chandigarh
Reality 20 May 2014, 06:49
+1 -0
Many High Courts are into nepotism and rotten politics (as noted by the Hon'ble Supreme Court). Naturally, they often designate young lawyers with connections, which is all jolly good because it dissuades talented first-generation lawyers from leaving their law firm jobs.
Parth 14 May 2014, 16:25
+0 -0
Will Gopal Subramaniam be happy retiring from the practice of law after this? Surely the man may like practicing law better than sitting on a Government commission? [Well, may be he will move on to practice international law].
SC Lawyer 15 May 2014, 06:30
+0 -0
Not a hundred percent sure, but am told by someone who should know that GS will turn 57 in July. So, since Ramana's birthday is in August, he will miss being CJI by a month or so. Which, if true, may not be entirely accidental. Giving the two Bar appointees relatively long tenures, but not CJI-ship, could be smart judicial politics. Lawyers of this quality wouldn't accept with shorter tenures, yet there's genuine angst (whether justified or not) among Judges queuing up in the High Courts.:-)