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70-567: Markandey Katju is an Indian jurist and former judge of Supreme Court of India who served as chairman for the Press Council of India from 2011 to 2014. He is the son of politician Shiva Nath Katju and grandson of Kailash Nath Katju . He is the founder and patron of the Indian Reunification Association (IRA), an organisation that advocates for the peaceful reunification of what is now Pakistan and Bangladesh with India under

140-599: 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 was set up to decide whether Parliament had the unfettered right to amend the Constitution, which eventually gave rise to

210-452: 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 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

280-429: 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

350-413: 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

420-511: 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 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

490-604: A secular government. Markandey Katju was born on 20 September 1946 at Lucknow in a Kashmiri Hindu family. Katju's family consisted mainly of lawyers who took a keen interest in politics and current affairs. His father, Shiva Nath Katju , was a judge and an Indian National Congress politician and was elected a member of the Uttar Pradesh Legislative Assembly and the Uttar Pradesh Legislative Council . His grandfather, Kailash Nath Katju ,

560-884: A son and a daughter. Katju started his law practice at the Allahabad High Court from 1970 to 1991. He specialized in Labour Law , Taxation and Writ Petitions . He has also worked as Standing Counsel for the Income Tax Department . He was elevated to the Bench of Allahabad High Court in 1991 and was appointed acting Chief Justice of Allahabad High Court in August 2004. Katju was appointed Chief Justice of Madras High Court in November 2004, and Chief Justice of Delhi High Court in October 2005. He

630-486: 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

700-404: Is also a cousin to Katju. Katju topped the merit list of Allahabad university's LL.B. examination in 1967. He was awarded an Honoris Causa by a Doctor of Philosophy from Shri Lal Bahadur Shastri Sanskrit University , New Delhi, for his book Mimansa Rules of Interpretation. Katju was also awarded an Honorary Doctorate of Law from Banaras Hindu University . Katju is married to Rupa and has

770-448: 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 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

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840-477: 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, 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

910-517: Is published from Lahore , Islamabad , Multan and Karachi . Nawa-i-Waqt Group , which was founded in 1940 by Hameed Nizami (3 October 1915–22 February 1962) and edited by him until his death in 1962. Nawa-i-Waqt newspaper was later led by Chief Editor Majid Nizami and his nephew, Editor Arif Nizami . Nawa-i-Waqt Group also publishes the Nawa-i-Waqt , an Urdu -language daily newspaper, and prints 4 weekly English and Urdu magazines. Waqt News

980-537: 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 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

1050-519: Is the official journal of reportable Supreme Court decisions. It is published under the authority of the Supreme Court of India by the Controller of Publications, Government of India, Delhi. In addition, there are many other reputed private journals that report Supreme Court decisions. Some of these other important journals are: SCR (The Supreme Court Reports), SCC (Supreme Court Cases), AIR (All India Reporter), SCALE, etc. The Nation (Pakistan) It

1120-487: Is the only solution to the Pakistan Kashmir issue. Katju justified his stance in a leading Pakistani newspaper The Nation , where he reiterated that the only solution to the ongoing dispute is the reunification of India, Pakistan, and Bangladesh under a strong, secular, modern-minded government. He expanded on the reasons for his support for a reunified India in an article for Newslaundry . Katju's contribution to

1190-453: 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 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,

1260-538: 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

1330-518: 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 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

1400-617: 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 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

1470-500: 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

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1540-475: 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

1610-406: 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

1680-494: The Delhi elections. People vote for beautiful faces [....] Even a person like me who does not vote would have voted for Shazia." In 2020 he was criticized when screenshots of an exchange he had with a woman on Facebook went viral when he told her that "good girls go to sleep early." Katju has opposed the reservation system in India and has called upon Dalits and Other Backward Castes to ask for its removal Katju believes that Hamas

1750-559: 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

1820-580: 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

1890-495: 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,

1960-458: 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

2030-458: 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 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

2100-451: 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 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

2170-484: 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 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,

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2240-534: The Supreme Court of India is vested with all Jurisdiction. The law declared by the Supreme Court is binding on all courts in 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

2310-419: 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 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

2380-414: 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

2450-512: 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

2520-469: 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 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

2590-433: 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 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 ,

2660-470: 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,

2730-594: The conduct of this judge and after due probe from CJI, and his doubt was found to be true. However, this judge had political backing from a political party in Tamil Nadu, and this party threatened to withdraw the support to the UPA government if this corrupt judge was not given an extension. He also alleged that a prominent Congress leader arranged an extension to save the UPA government. After his blog post, several parties and social groups raised concern over political interference in

2800-410: 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 the Constitution by the executive, legislators, citizens, etc. It is acknowledged as one of

2870-530: 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

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2940-410: 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 , the state shall take steps to separate the judiciary from the executive. Independence of the judiciary, the supremacy of

3010-533: 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 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

3080-461: 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

3150-409: 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

3220-536: The house of the Indian Parliament condemned his remarks and passed a resolution against him. Katju has filed a petition before the Supreme Court of India seeking a quashing of the said resolutions. Katju has been criticised for sexist comments on social media. In 2015, he made comments comparing Shazia Ilmi to Kiran Bedi , saying: "If Shazia had been made their chief minister candidate, the BJP would have definitely won

3290-610: 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

3360-456: The issue with others and accepted that he was partially wrong. After this, his position was that gay relationships should not be held to be a criminal offence, and this provision in the Indian penal code should be swiftly annulled. However, he continues to regard gay relationships as "unnatural." Former Assistant Solicitor General of India Amarendra Sharan has praised Katju. Sharan says on Katju, "You can criticise his views, but you can't criticise

3430-469: The legitimacy of Pakistan as a nation have come under criticism in Pakistan including Shamshad Ahmad , a former Pakistani foreign secretary. On several occasions, Katju has said in articles and lectures that he does not recognize Pakistan as a legitimate country, as the whole basis is the two nation theory and he does not accept this. Katju has also claimed that the eventual reunification of India and Pakistan

3500-526: The man. His integrity is unimpeachable." The noted jurist Fali Nariman commented that Katju is a person who doesn't merely pretend to support human rights but lives it every moment of his life. The former editor of The Times of India , Dilip Padgaonkar, has said that Katju is "an individual whose reputation for uprightness has been consistently above board." In March 2015, in his blog, Katju called Mahatma Gandhi , Subhash Chandra Bose and Rabindranath Tagore as British and Japanese agents respectively. Both

3570-461: 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 the basic foundation and structure of the Constitution as stated in Article 38 (1) of

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3640-459: 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

3710-451: The partition of India , holds that the ultimate solution to the Kashmir conflict is the reunification of what is now Pakistan with India . On 20 July 2014, Justice Katju sparked off a new controversy when on his blog, he alleged that in the year 2004, a corrupt judge was given an extension and later a permanent post due to strong political backing. He wrote that he himself raised concern about

3780-496: The patron of the Indian Reunification Association (IRA), an organization he solely founded that advocates for the reunification of Pakistan and Bangladesh with India under a secular government. He has written several books, including the following: Some of his articles and speeches include: Markandey Katju has supported Hindustani , that is Urdu and Hindi , as the link language of India. He also said that there should be no forceful imposition of Hindustani. Katju's views on

3850-419: The posting of the judges; however some of them also questioned the timing and purpose behind this revelation. In January 2017, Markanday Katju said that proceedings of judges selection should be televised. On 25 December 2014 Justice Katju fueled controversy by saying that he regarded gay relationships to be "humbug and nonsense." However, he later clarified that he has partially changed his mind after discussing

3920-531: 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 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

3990-428: 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

4060-537: The release of fishermen arrested along the coastal areas on the border of India has earned him praise from human rights groups of Pakistan. Markandey Katju, himself an ethnic Kashmiri , maintains that Kashmir's handicraft industry, a major part of the union territory's economy, is dependent upon other parts of India, where these products are sold by Kashmiris; Katju opines that the "secession" of Kashmir would cause its economy to suffer, leading to high rates of unemployment among Kashmiris. He, being diametrically opposed to

4130-524: 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 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

4200-516: 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 the 75th anniversary of supreme court. The registry of the Supreme Court is headed by the Secretary-General, who

4270-409: 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 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

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4340-503: The structure has the Bar, consisting of rooms, the offices of the Attorney General of India and other law officers and 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

4410-572: 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 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

4480-486: 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 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

4550-476: 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 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

4620-568: Was one of India's leading lawyers and participated in the country's freedom movement. His grandfather also served as the governor of Orissa and West Bengal , the Chief Minister of Madhya Pradesh , the Union Home, Law, and the Defence Minister. Katju's uncle, B.N. Katju was the Chief Justice of Allahabad High Court. The academic Tilottama Mukherji Tharoor, the first wife of Shashi Tharoor ,

4690-577: Was provided with weapons by countries like China and Russia on October 7, the attack which started the Israel-Hamas War Katju considers Israel an illegitimate state Supreme Court of India The Supreme Court of India ( ISO : Bhārata kā Sarvōcca Nyāyālaya ) 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

4760-456: 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,

4830-413: 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 a Parsi minority community became the Chief Justice of India. In 2017, Justice Jagdish Singh Khehar became

4900-639: Was then elevated to the Supreme Court of India in April 2006, from which he retired on 19 September 2011; after having served in the judiciary for nearly 20 years. He subsequently served as the Chairman of the Press Council of India for three years. His courtroom was one of the fastest in the Supreme Court, disposing of 100+ matters in a week. His strong belief in judicial restraint has been contrasted with some unconventional opinions he delivered. Katju currently serves as

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