Misplaced Pages

Karnataka Lokayukta

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.
#529470

83-532: Karnataka Lokayukta is the ombudsman institution of the Indian state of Karnataka . It was established in 1984 to investigate and report on corruption in the Government of Karnataka and to redress public grievances related to state government employees. This Lokayukta that was once considered the most powerful such institution in the state. However, it was stripped of its investigative powers before transferring them to

166-458: A Parsi minority community became the Chief Justice of India. In 2017, Justice Jagdish Singh Khehar became the first Sikh Chief Justice of India. Justice Indu Malhotra is the first and only woman judge to be selected directly from the bar. The Constitution seeks to ensure the independence of Supreme Court judges in various ways. Per Article 50 of directive principles of state policy ,

249-567: A Supreme Court with a chief justice and 7 judges. In the early years, a full bench of the Supreme Court sat together to hear the cases presented before them. As the work of the Court increased and cases began to accumulate, Parliament increased the number of judges (including the Chief Justice) from the original 8 in 1950 to 11 in 1956, 14 in 1960, 18 in 1978, 26 in 1986, 31 in 2009, to 34 in 2019. As

332-419: A designated neutral party, one who is high-ranking in an organization, but who is not part of executive management. Using an alternative dispute resolution (ADR) or appropriate dispute resolution approach, an organisational ombudsman can provide options to whistleblowers or employees and managers with ethical concerns; provide coaching, shuttle diplomacy, generic solutions (meaning a solution which protects

415-429: A judicial committee would be formed to frame charges against the judge, to conduct the fair trial and to submit its report to parliament. When the judicial committee report finds the judge guilty of misbehaviour or incapacity, further removal proceedings would be taken up by Parliament if the judge is not resigning himself. The judge upon proven guilty is also liable for punishment per applicable laws or for contempt of

498-412: A national ombudsman and may also be appointed by a legislature. Below the national level, an ombudsman may be appointed by a state, local, or municipal government. Unofficial ombudsmen may be appointed by, or even work for, a corporation such as a utility supplier, newspaper, NGO , or professional regulatory body. In some jurisdictions, an ombudsman charged with handling concerns about national government

581-413: A permanent secretariat to help the collegium sift through material on potential candidates, infusing more transparency into the selection process, grievance redressal and any other suggestion not in these four categories, like transfer of judges. This resulted in the court asking the government and the collegium to finalize the memorandum of procedure incorporating the above. In 2009, a challenge arose in

664-583: A report on illegal mining in the state which reported loss of Rs 160.85 billion to the state. This report exposed the biggest mining scam in India . This report led to the resignation of B. S. Yeddyurappa , then Chief Minister of Karnataka, from the post. Ombudsman An ombudsman ( / ˈ ɒ m b ʊ d z m ən / OM -buudz-mən , also US : /- b ə d z -, - b ʌ d z -/ -⁠bədz-, -⁠budz- ), ombud , ombuds , bud , ombudswoman , ombudsperson , or public advocate

747-438: A thorough consultation occurred within the collegium to form this opinion, the content or material considered in shaping the opinion was not subject to scrutiny in a court of law. Judges of the Supreme Court in India currently conclude their service upon reaching the age of 65. Nevertheless, there have been proposals put forth by Supreme Court judges advocating for the implementation of a predetermined tenure for judges, including

830-437: A wide mandate to deal with the entire public sector, and sometimes also elements of the private sector (for example, contracted service providers). In some cases, there is a more restricted mandate to a certain sector of society. More recent developments have included the creation of specialized children's ombudsmen . In some countries, an inspector general , citizen advocate or other official may have duties similar to those of

913-425: A ‘‘dispensation of equal justice to all’’. The black bronze sculpture has been placed at the center of the park on the lawn of the Court just behind the statue of Mahatma Gandhi, which is in front of the staircase of the Supreme Court building in the front lawn. The statue, when it was being put in the Court premises, led to protests by advocates of the Court in 1978 and a demand was made for its removal. A memorandum

SECTION 10

#1732852549530

996-520: Is ombudsmen . In Nigeria, the ombudsman is known as the Public Complaints Commission or the ombudsman . In general, an ombudsman is a state official appointed to provide a check on government activity in the interests of the citizen and to oversee the investigation of complaints of improper government activity against the citizen. If the ombudsman finds a complaint to be substantiated, the problem may get rectified, or an ombudsman report

1079-404: Is a government employee who investigates and tries to resolve complaints, usually through recommendations (binding or not) or mediation . They are usually appointed by the government or by parliament (often with a significant degree of independence). Ombudsmen also aim to identify systemic issues leading to poor service or breaches of people's rights. At the national level, most ombudsmen have

1162-587: Is also referred as the wheel of righteousness, encompassing truth, goodness and equity . On 1 September 2024, the Supreme Court unveiled a flag for the Court's use, combining elements of the seal and the Court's architecture. The flag is a deep blue colour and depicts the Ashoka Chakra set above the rotunda of the Court. The flag also features the Constitution of India. The flag was inaugurated by President of India Droupadi Murmu on September 1, 2024, commemorating

1245-861: Is appointed by the Governor of Karnataka on advice of Chief Minister of Karnataka in consultation with the Chief Justice of the High Court of Karnataka , the Chairman of Karnataka Legislative Council , the Speaker of Karnataka Legislative Assembly , the Leader of the Opposition in the Karnataka Legislative Council and the Leader of the Opposition in the Karnataka Legislative Assembly. The Lokayukta has

1328-536: Is constantly changing’. Later on, though the advocates submitted an apology memorandum after they got to know that the maquette was made in the year 1969. The design of the Court's seal is reproduced from the wheel that appears on the Sarnath Lion capital of Ashoka with 24 spokes. The inscription in Sanskrit , " यतो धर्मस्ततो जयः " ( IAST : Yato Dharmastato Jayaḥ ,) means "whence justice (dharma), thence victory". It

1411-635: Is more formally referred to as the "parliamentary commissioner" (e.g. the United Kingdom Parliamentary Commissioner for Administration , and the Western Australian state Ombudsman ). In many countries where the ombudsman's responsibility includes protecting human rights, the ombudsman is recognized as the national human rights institution . The post of ombudsman had by the end of the 20th century been instituted by most governments and by some intergovernmental organizations such as

1494-418: Is published making recommendations for change. Further redress depends on the laws of the country concerned, but this typically involves financial compensation. Ombudsmen in most countries do not have the power to initiate legal proceedings or prosecution on the grounds of a complaint. This role is sometimes referred to as a "tribunician" role, and has been traditionally fulfilled by elected representatives –

1577-475: Is required to safeguard the fundamental rights of citizens and settles legal disputes among the central government and various state governments. Its decisions are binding on other Indian courts as well as the union and state governments. As per the Article 142 of the Constitution, the court has the inherent jurisdiction to pass any order deemed necessary in the interest of complete justice which becomes binding on

1660-512: Is the supreme judicial authority and the highest court of the Republic of India . It is the final court of appeal for all civil and criminal cases in India. It also has the power of judicial review . The Supreme Court, which consists of the Chief Justice of India and a maximum of fellow 33 judges, has extensive powers in the form of original , appellate and advisory jurisdictions . As

1743-637: The Government of India Act 1935 . The Federal Court had the jurisdiction to solve disputes between provinces and federal states and hear appeals against judgement of the high courts. The first CJI of India was H. J. Kania . The Supreme Court of India came into existence on 28 January 1950. It replaced both the Federal Court of India and the Judicial Committee of the Privy Council , which were then at

SECTION 20

#1732852549530

1826-780: The Anti-Corruption Bureau (ACB) of Karnataka Police directly under the Chief Minister of Karnataka in 2016. The High Court of Karnataka dissolved ACB and restored all the ongoing cases to the Karnataka Lokayukta in 2022. In 1966, a report by the Administrative Reforms Commission recommended the setting up of Lokpal at the federal level and Lokayukta in the states, for the redressal of citizen's grievances. Therefore, Maharashtra established its Lokayukta in 1971. The Lokayukta Ordinance Act 1979,

1909-538: The Code of Civil Procedure . Under Articles 129 and 142 of the Constitution, the Supreme Court has been vested with power to punish anyone for contempt of any court in India including itself. The Supreme Court performed an unprecedented action when it directed a sitting Minister of State in Maharashtra government , Swaroop Singh Naik, to be jailed for 1-month on a charge of contempt of court on 12 May 2006. Article 145 of

1992-759: The European Union . As of 2005, including national and sub-national levels, a total of 129 offices of ombudsman have been established around the world. A prototype of an ombudsman may have flourished in China during the Qin dynasty (221 BC), and later in Korea during the Joseon dynasty . The position of secret royal inspector , or amhaeng-eosa ( 암행어사 , 暗行御史 ) was unique to the Joseon dynasty, where an undercover official directly appointed by

2075-516: The Liao dynasty , Japan, and China. An indigenous Swedish , Norwegian , and Danish term, ombudsman , ombodsmann , ombudsmann or ombudsmand is etymologically rooted in the Old Norse word umboðsmaðr , essentially meaning 'representative' (with the word umbud /ombod/ ombud meaning 'proxy', 'attorney'; that is, someone who is authorized to act for someone else, a meaning it still has in

2158-517: The Lion capital of Ashoka at Sarnath , with a topmost wheel featuring 32 spokes. The Supreme Court of India was constituted as per Chapter IV of Part V of the Constitution of India. The fourth Chapter of the Indian Constitution is " The Union Judiciary". Under this Chapter, the Supreme Court of India is vested with all Jurisdiction. The law declared by the Supreme Court is binding on all courts in

2241-569: The Lokayukta and Upa Lokayukta Bill in the assembly as their 1983 election promise. It came into force through the Karnataka Lokayukta Act, 1984 . Then, Mysore State Vigilance Commission which formed in 1965 to investigate corruption cases in the state was abolished. The pending cases before the commission was transferred to the newly formed Lokayukta. It had two jurisdictions: to investigate corruption and to probe government inaction. As per

2324-470: The President to enforce. The Supreme Court replaced the Judicial Committee of the Privy Council as the highest court of appeal since 28 January 1950, two days after India was declared a republic. With expansive authority to initiate actions and wield appellate jurisdiction over all courts and the ability to invalidate amendments to the constitution, the Supreme Court of India is widely acknowledged as one of

2407-462: The 75th anniversary of supreme court. The registry of the Supreme Court is headed by the Secretary-General, who is currently assisted by 10 registrars, several additional and deputy registrars, etc. Article 146 of the Constitution deals with the appointments of officers and servants of the Supreme Court registry. Supreme Court Rules, 2013 entitle only those advocates who are registered with

2490-600: The ACB to investigate a case that the former finds sufficient evidence for, under section 15(3) of the Lokayukta Act, 1984. It is mandatory to for the ACB to follow these directions, and Lokayukta holds powers to sue the former if it does not. Criticism was directed at the government of Karnataka after it took away the investigative powers from the Lokayukta and having given it to the ACB which functions directly under its supervision. Also,

2573-503: The Bangalore city by-laws , maintaining his innocence. Y. Bhaskar Rao , who took charge after more than two years, also resigned from the position after charges of running an extortion ring in the Lokayukta institution were directed against his son and him. After the post remained vacant for more than a year, P. Vishwanatha Shetty was appointed in January 2017. In 2011, Santosh Hegde submitted

Karnataka Lokayukta - Misplaced Pages Continue

2656-649: The CEO or board of directors, and according to the International Ombudsman Association (IOA) Standards of Practice, they do not have any other role in the organisation. Organisational ombudsmen often receive more complaints than alternative procedures such as anonymous hot-lines. Since the 1960s, the profession has grown in the United States, and Canada, particularly in corporations, universities, and government agencies. The organizational ombudsman works as

2739-500: The Chief Justice of India (CJI) is designated to preside over all special leave petitions (SLPs) and cases concerning public interest, social justice, elections, arbitration, criminal matters, and more. Other members of the collegium or senior judges are tasked with hearing cases related to labour disputes, taxation, compensation, consumer protection, maritime law, mortgage, personal law, family law, land acquisition, service, company matters, and other relevant areas. Supreme Court Reports

2822-426: The Chief Justice of India. Article 125 of the Indian constitution leaves it to the Indian parliament to determine the salary, other allowances, leave of absence, pension, etc. of the Supreme Court judges. However, the parliament cannot alter any of these privileges rights to the judge's disadvantage after his/her appointment. A judge of the Supreme Court draws a salary of ₹ 250,000 (US$ 3,000) per month—equivalent to

2905-418: The Constitution by the executive, legislators, citizens, etc. It is acknowledged as one of the most autonomous judiciaries in the entirety of Southeast Asia. The main purpose of the Supreme Court is to decide constitutional issues. It is the duty of the judiciary to frame suo moto cases or to probe cases/petitions at the earliest against the executive or legislature when laws are implemented which violate

2988-406: The Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgement perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws. Article 124(4) of the constitution, President of India can remove a judge on

3071-580: The Draft Constitution, in judgement, is very important. We have used it because our intention is even when there are circumstances which prevent the Government, or which stand in the way of the Government giving effect to these Directive Principles, they shall, even under hard and unpropitious circumstances, always strive in the fulfilment of these Directives. That is why we have used the word 'strive'. Otherwise, it would be open for any Government to say that

3154-433: The Indian Constitution grants the Supreme Court the authority to create its own rules, subject to presidential approval, to govern the practice and procedures of the court. These rules have been revised and published three times, first in 1950, then in 1966, and most recently in 2013. From 5 February 2018 onwards, the Supreme Court adopted a fresh roster system for assigning cases to judges. According to this new arrangement,

3237-458: The Indian Constitution grants the Supreme Court the authority to reevaluate its own decisions. According to this article, the Supreme Court can review any judgment or order it has previously pronounced. This power is subject to any laws created by Parliament or rules established under Article 145. The Supreme Court holds the ability to invalidate parliamentary and governmental decisions if they violate fundamental features. Additionally, it can overturn

3320-636: The Karnataka Lokayukta Act, 1984, a person appointed the Lokayukta (the institution and its head bearing the same names), who either held the office of a Judge of the Supreme Court of India or that of the Chief Justice of a High Court of India. The Act was amended in 2015, according to which any person who has held the post of judge of the High court for a period of ten years can be appointed as Lokayukta and five years in case of Upa Lokayukta. The Lokayukta

3403-568: The Lokayukta remains an independent body while the ACB reports to the Chief Secretary of the State. The term of office of the Lokayukta is five years. The Lokayuktas are listed below: A. D. Koshal , a retired Judge of the Supreme Court was appointed the first Lokayukta and took charge in January 1986. N. Venkatachala was appointed as the Lokayukta in June 2001, taking office a month later. It

Karnataka Lokayukta - Misplaced Pages Continue

3486-679: The Scandinavian languages). In the Danish Law of Jutland from 1241, the term is umbozman and concretely means a royal civil servant in a hundred . From 1552, it is also used in other Nordic languages such as the Icelandic and Faroese umboðsmaður , the Norwegian ombudsmann / ombodsmann , and the Swedish ombudsman ( pronounced [ˈɔ̂mːbʉːdsˌman] ). The general meaning

3569-461: The Supreme Court directly from the bar (i.e., who were practising advocates). The Supreme Court saw its first woman judge when Justice M. Fathima Beevi was sworn into office in 1989. In 1968, Justice Mohammad Hidayatullah became the first Muslim Chief Justice of India. In 2007, Justice K. G. Balakrishnan became the first judge as well as the Chief Justice of India from the dalit community. In 2010, Justice S. H. Kapadia coming from

3652-414: The Supreme Court regarding the recommendation for the appointment of a high court judge made by the collegium of that specific court. The court asserted that the eligibility to become a judge was a factual matter, open to questioning by any individual. On the contrary, the determination of who should become a judge was deemed a matter of opinion and was beyond questioning. The court emphasized that, as long as

3735-536: The Supreme Court's building was laid on 29 October 1954 by Rajendra Prasad , the first President of India . The main block of the building has been built on a triangular plot of 17 acres and has been designed in an Indo-British style by the chief architect Ganesh Bhikaji Deolalikar , the first Indian to head the Central Public Works Department . The design of scales of justice was to conform to this triangular site and according to Dr. Rajendra Prasad

3818-512: The Supreme Court, Arun Jaitley, also criticized the appointment of judges in government posts after their retirement. Jaitley famously said:"There are two kinds of judges - those who know the law and those who know the Law Minister. We are the only country in the world where judges appoint judges. Even though there is a retirement age, judges are not willing to retire. Pre-retirement judgements are influenced by post-retirement jobs." Article 137 of

3901-417: The Supreme Court, called advocates-on-record to appear, act and plead for a party in the court. Those advocates who are designated as 'senior advocates' by the Supreme Court or any of the high courts can appear for clients along with an advocate-on-record. Any other advocate can appear for a party along with or under instructions from an advocate-on-record. Initially, the Constitution of India provided for

3984-669: The Swedish Office of Supreme Ombudsman became the Chancellor of Justice . The Parliamentary Ombudsman was established in 1809 by the Swedish Riksdag , as a parallel institution to the still-present Chancellor of Justice, reflecting the concept of separation of powers as developed by Montesquieu . The Parliamentary Ombudsman is the institution that the Scandinavian countries subsequently developed into its contemporary form, and which subsequently has been adopted in many other parts of

4067-504: The apex constitutional court, it takes up appeals primarily against verdicts of the High Courts of various states and tribunals. As an advisory court, it hears matters which are referred by the President of India . Under judicial review, the court invalidates both normal laws as well as constitutional amendments as per the Basic structure doctrine that it developed in the 1960s and 1970s. It

4150-471: The apex of the Indian court system. The first proceedings and inauguration, however, took place on 28 January 1950 at 9:45 am, when the judges took their seats; which is thus regarded as the official date of establishment. The Supreme Court initially had its seat at the Chamber of Princes in the parliament building where the previous Federal Court of India sat from 1937 to 1950. The first Chief Justice of India

4233-695: The basic foundation and structure of the Constitution as stated in Article 38 (1) of the Directive Principles. It ensures that-"the state /judiciary shall strive to promote the welfare of the people by securing a social order in which social , economic and political justice is animated/informed in all institutions of life." B. R. Ambedkar clarified as given below in the Constituent Assembly debates on Article 38 (1) highlighting its inevitable implementation. ... The word 'strive' which occurs in

SECTION 50

#1732852549530

4316-470: The circumstances are so bad, that the finances are so inadequate that we cannot even make an effort in the direction in which the Constitution asks us to go. As per the constitution, as held by the court in the Three Judges Cases – (1982, 1993, 1998), a judge is appointed to the Supreme Court by the president on the recommendation of the collegium  — a closed group of the Chief Justice of India,

4399-530: The constitution by breaching the oath under disrespecting constitution A person who has retired as a judge of the Supreme Court is debarred from practicing in any court of law or before any other authority in India. However, Supreme Court and high court judges are appointed to various posts in tribunals and commissions, after their retirement. Lawyer Ashish Goel in a recent article criticized this stating that post-retirement benefits for judges hampers judicial independence. Former Law Minister and Senior Advocate of

4482-632: The country. Presently, the Members of Collegium are: The building is shaped to symbolize scales of justice with its centre-beam being the Central Wing of the building, consisting of the Chief Justice's court, the largest of the courtrooms, with two court halls on either side. The Right Wing of the structure has the Bar, consisting of rooms, the offices of the Attorney General of India and other law officers and

4565-461: The four most senior judges of the court and the senior-most judge hailing from the high court of a prospective appointee. This has resulted in a Memorandum of Procedure being followed, for the appointments. Judges used to be appointed by the president on the advice of the union cabinet . After 1993 (the Second Judges' Case), no minister, or even the executive collectively, can suggest any names to

4648-409: The grounds of proved misbehaviour or incapacity when parliament approves with a majority of the total membership of each house in favour of impeachment and not less than two thirds of the members of each house present. For initiating impeachment proceedings against a judge, at least 50 members of Rajya Sabha or 100 members of Lok Sabha shall issue the notice per Judges (Inquiry) Act, 1968 . Then

4731-476: The identity of one individual by applying to a class of people, rather than just for the one individual) and mediation for conflicts; track problem areas; and make recommendations for changes to policies or procedures in support of orderly systems change. For specific ombudspersons or commissioners for children or young people, also see Children's ombudsman . Supreme Court of India The Supreme Court of India ( ISO : Bhārata kā Sarvōcca Nyāyālaya )

4814-610: The impeachment process of the President and Judges, as decided by Parliament, based on constitutional validity or fundamental features. Under Order XL of the Supreme Court Rules, that have been framed under its powers under Article 145 of the constitution, the Supreme Court may review its judgment or order but no application for review is to be entertained in a civil proceeding except on the grounds mentioned in Order XLVII, Rule 1 of

4897-638: The king was sent to local provinces to monitor government officials and look after the populace while travelling incognito. The Roman Tribune had some similar roles, with the power to veto acts that infringed upon the Plebeians . Another precursor to the ombudsman was the Diwān al-Maẓālim ( دِيوَانُ الْمَظَالِمِ ) which appears to go back to the second caliph , Umar (634–644), and the concept of Qaḍī al-Quḍāt ( قَاضِي الْقُضَاةِ ). They were also attested in Siam, India,

4980-420: The library of the court. The Left Wing has the offices of the court. In all, there are 15 courtrooms in the various wings of the building. These two wings act as the two limbs of the balance and end with two semi-circular hooks that represent the pans of the balance, and the centres of the two semi-circular pans connect to a centrally placed statue of ‘Mother and Child’ in the garden. The foundation stone of

5063-508: The minority Parsi community with a population of 1,67,000, like myself, can aspire to attain the post of the Chief Justice of India. These things do not happen in our neighbouring countries. In practice, judges of the Supreme Court have been selected so far, mostly from amongst judges of the high courts. Barely nine justices— S. M. Sikri , S. Chandra Roy , Kuldip Singh , Santosh Hegde , R. F. Nariman , U. U. Lalit , L. Nageswara Rao , Indu Malhotra and P. S. Narasimha —have been appointed to

SECTION 60

#1732852549530

5146-702: The modern plural form ombudsmen of the English borrowed word ombudsman is likely. Use of the term in its modern sense began in Sweden with the Swedish Parliamentary Ombudsman instituted by the Instrument of Government of 1809, to safeguard the rights of citizens by establishing a supervisory agency independent of the executive branch . The predecessor of the Swedish Parliamentary Ombudsman

5229-490: The most powerful supreme courts in the world. In 1861, the Indian High Courts Act 1861 was enacted to create high courts for various provinces and abolish Supreme Courts at Calcutta, Madras and Bombay and also the s adar adalats in presidency towns in their respective regions. These new high courts had the distinction of being the highest courts for all cases till the creation of the Federal Court of India under

5312-459: The most-senior civil servant of the Indian government , Cabinet Secretary of India —while the chief justice earns ₹ 280,000 (US$ 3,400) per month. Per Article 124 and third Schedule of the constitution, the chief justice (or a judge) of the Supreme Court of India is required to make and subscribe in the presence of the president an oath or affirmation that they will bear true faith and allegiance to

5395-492: The number of the judges has increased, they sit in smaller benches of two or three (referred to as a division bench ) —coming together in larger benches of five or more (referred to as a constitution bench ) when required to settle fundamental questions of law. A bench may refer a case before it to a larger bench, should the need arise. The largest-ever bench at the Supreme Court of India has been constituted in 1973 in Kesavananda Bharati v. State of Kerala . A bench of 13 judges

5478-454: The position in June 2010 owing to political interference from the ruling Bharatiya Janata Party (BJP) government. However, he withdrew the resignation a few days later upon being asked to reconsider by senior BJP leader L. K. Advani . Upon completion of his term in August 2011, Shivaraj Patil took over. He resigned the next month after a controversy broke out over allotment of housing sites in 1994 for his wife and him allegedly in violation of

5561-434: The post-emergency period of India, they contended that it is symbolic of perversity and is based on the theme of the mother-and-son cult built up during the Emergency (India) period. Different interpretations of the statue came from advocates, one said, ‘it’s like Indira mothering the judges and telling them you practice justice like I tell you to’, while the other said, ‘symbolizing justice is terribly conservative as justice

5644-449: The power to investigate cases in relation to the Chief Minister, all other Ministers and Members of the State Legislature and all state government employees. The Lokayukta, through Bureau of Investigation, its police wing, had derived its investigating powers from the Prevention of Corruption Act, 1988 . Upon the formation of the Anti-Corruption Bureau (ACB) in 2016, these powers were taken away. The powers now remain to giving directions to

5727-428: The president, who ultimately decides on appointing them from a list of names recommended only by the collegium of the judiciary. Simultaneously, as held in that judgment, the executive was given the power to reject a recommended name. The collegium system has come under a fair amount of criticism. In 2015, Parliament passed a law to replace the collegium with a National Judicial Appointments Commission (NJAC). This

5810-636: The selection of an appropriate individual for the office, and on the cooperation of at least some effective official from within the apparatus of the state. The institution has also been criticized: "Ombudsmen are relics of absolutism, designed to iron out the worst excesses of administrative arbitrariness while keeping the power structures intact." Many private companies, universities, non-profit organisations, and government agencies also have an ombudsman (or an ombuds office) to serve internal employees, managers and/or other constituencies. These ombudsman roles are structured to function independently, by reporting to

5893-438: The state shall take steps to separate the judiciary from the executive. Independence of the judiciary, the supremacy of the constitution and rule of law are the features of the basic structure of the Constitution . The Supreme Court and high courts are empowered to frame suo moto cases without receiving formal petitions/complaints on any suspected injustice, including actions/acts indulging in contempt of court and contempt of

5976-409: The term refers to the ancient Roman " tribunes of the plebeians " ( tribuni plebis ), whose role was to intercede in the political process on behalf of common citizens. The significant advantage of an ombudsman is that they examine complaints from outside the offending state institution, thus avoiding the conflicts of interest inherent in self-policing. However, the ombudsman system relies heavily on

6059-419: The world. The word ombudsman and its specific meaning have since been adopted in various languages, such as Dutch. The German language uses Ombudsmann , Ombudsfrau and Ombudsleute . Notable exceptions are French, Italian, Spanish, and Finnish , which use translations instead. Modern variations of this term include ombud , ombuds , ombudsperson , or ombudswoman , and the conventional English plural

6142-409: Was H. J. Kania. In 1958, the Supreme Court moved to its present premises. Originally, the Constitution of India envisaged a supreme court with a chief justice and seven judges; leaving it to Parliament to increase this number. In its formative years, the Supreme Court met from 10 to 12 in the morning and then from 2 to 4 in the afternoon for 28 days per month. The emblem of the Supreme Court represents

6225-501: Was and is approximately 'a man representing (someone)' (i.e., a representative) or 'a man with a commission (from someone)' (a commissioner). The Swedish-speaking minority in Finland uses the Swedish terminology. The various forms of the suffix -mand , -maður , et cetera, are just the forms the common Germanic word represented by the English word man have in the various languages. Thus,

6308-454: Was during his tenure that the institution gained popularity in that he was "known for bringing the Lokayukta to the people's doorstep". He would reportedly walk from door to door coaxing people to file complaints. He was called a "one-man army against the corrupt bureaucracy" by former Chief Justice of India M. N. Venkatachaliah . Santosh Hegde took charge in August 2006 before resigning from

6391-436: Was exercised by D. Devaraj Urs, then Chief Minister of Karnataka, and the first Lokayukta to be appointed was then retired Chief Justice of Rajasthan High court, Justice C. Honniah. The same institution was abolished when R. Gundu Rao became the chief minister of Karnataka, after the demise of D. Devaraj Urs. The institution was again re introduced after Ramakrishna Hegde , became then Chief Minister of Karnataka , and introduced

6474-417: Was installed in the lawn of the Supreme Court. The sculpture was made by the renowned artist Chintamoni Kar . The statue, as per its sculptor Kar, reproduces ‘‘ Mother India sheltering young Republic represented by the symbol of a child upholding the law of the country shown in the form of an open book, with the symbol of the balance representing law and justice’’. The official account states that it represents

6557-466: Was set up to decide whether Parliament had the unfettered right to amend the Constitution, which eventually gave rise to the Basic Structure doctrine. A citizen of India not exceeding 65 years age per Article 124 of the Constitution who has been: is eligible to be recommended for appointment, a judge of the Supreme Court. I am proud to be an Indian. India is the only country where a member of

6640-456: Was struck down as unconstitutional by the Supreme Court, in the Fourth Judges' Case , as the new system would undermine the independence of the judiciary. Putting the old system of the collegium back, the court invited suggestions, even from the general public, on how to improve the collegium system, broadly along the lines of – setting up an eligibility criteria for appointments,

6723-461: Was submitted to the then law minister Shanti Bhushan , which stated that ‘‘the statue is supposedly a symbol and inspiration for the highest institution of justice, the Supreme Court….The child is nondescript, but the mother’s resemblance to Mrs. Indira Gandhi is discernible even to the ordinary eye not trained for appreciating the nuances of sculpture’’. As the statue was put up in the year 1978,

6806-616: Was the Office of Supreme Ombudsman ( Högste Ombudsmannen ), which was established by the Swedish King, Charles XII , in 1713. Charles XII was in exile in Turkey and needed a representative in Sweden to ensure that judges and civil servants acted in accordance with the laws and with their duties. If they did not do so, the Supreme Ombudsman had the right to prosecute them for negligence. In 1719

6889-524: Was the conception of justice for Indians. It has a 27.6 m (90 ft 7 in) high dome and a spacious colonnaded verandah. The court moved into the building in 1958. In 1979, two new wings – the East Wing and the West Wing ;– were added to the complex. 1994 saw the last extension. On 20 February 1978, a black bronze sculpture of 210 cm (6 ft 11 in) height

#529470