? || Questions on who will succeed CJI
It is obvious that Jagans goal in making the allegations against the judges cannot be anything except their removal from office. But to achieve that purpose, he has to rally support among MPs to get the requisite number among them to sign the notice of motion for their removal so as to kickstart the process. The procedure under the Judges Inquiry Act would then have to be completed well before April 23, 2021, when the tenure of the current CJI ends, so that the uncertainty over whether his successor the senior-most puisne judge, Justice Ramana would be elevated, as per convention, could be resolved in time.
If Justice Ramana is not considered fit for elevation as the CJI in case the allegations against him are proved, then Justice R.F. Nariman, who is No. 3 in the Supreme Courts seniority list, would have to be appointed to succeed Chief Justice Bobde. As Justice Nariman will retire on August 12 next year, he will have a short tenure of about four months (which will include the courts lengthy summer recess), and pave the way for his succession by Justice Uday Umesh Lalit, who will then have a tenure of 13 months as CJI, till November 8, 2022.
In the normal course, if Justice Ramana is elevated as the CJI on April 24, 2021, Justice Nariman will not have the chance to serve as CJI, and Justice Lalit too will have a very short tenure of just about two months as Justice Ramana will retire on August 26, 2022. If Justice Ramana is superseded as CJI when Justice Bobde retires, and if he does not resign following his supersession, then he will have to be superseded again on August 13, 2021 after Justice Nariman will retire.
Jagans letter and the action he has taken since October 6 when he sent it, shows that he is not unduly concerned about the succession issue. Nor does he seem overly exercised by what needs to be done by his party and government in terms of mobilising MPs for a motion if he believes the allegations he has levelled are based on evidence, and can stand legal scrutiny.
In other words, Jagan appears to assume that his letter to the CJI alone would be sufficient to persuade the latter to take the necessary corrective steps that may be required. But it is not clear whether these corrective steps would involve the in-house inquiry and consequent punishment envisaged under the Act, if the judges whom Jagan has named are found guilty of the serious charges made in the letter.
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? || Questions on who will succeed CJI It is obvious that Jagans goal in making the allegations against the judges cannot be anything except their removal from office. But to achieve that purpose, he has to rally support among MPs to get the requisite number among them to sign the notice of motion for their removal so as to kickstart the process. The procedure under the Judges Inquiry Act would then have to be completed well before April 23, 2021, when the tenure of the current CJI ends, so that the uncertainty over whether his successor the senior-most puisne judge, Justice Ramana would be elevated, as per convention, could be resolved in time. If Justice Ramana is not considered fit for elevation as the CJI in case the allegations against him are proved, then Justice R.F. Nariman, who is No. 3 in the Supreme Courts seniority list, would have to be appointed to succeed Chief Justice Bobde. As Justice Nariman will retire on August 12 next year, he will have a short tenure of about four months (which will include the courts lengthy summer recess), and pave the way for his succession by Justice Uday Umesh Lalit, who will then have a tenure of 13 months as CJI, till November 8, 2022. In the normal course, if Justice Ramana is elevated as the CJI on April 24, 2021, Justice Nariman will not have the chance to serve as CJI, and Justice Lalit too will have a very short tenure of just about two months as Justice Ramana will retire on August 26, 2022. If Justice Ramana is superseded as CJI when Justice Bobde retires, and if he does not resign following his supersession, then he will have to be superseded again on August 13, 2021 after Justice Nariman will retire. Jagans letter and the action he has taken since October 6 when he sent it, shows that he is not unduly concerned about the succession issue. Nor does he seem overly exercised by what needs to be done by his party and government in terms of mobilising MPs for a motion if he believes the allegations he has levelled are based on evidence, and can stand legal scrutiny. In other words, Jagan appears to assume that his letter to the CJI alone would be sufficient to persuade the latter to take the necessary corrective steps that may be required. But it is not clear whether these corrective steps would involve the in-house inquiry and consequent punishment envisaged under the Act, if the judges whom Jagan has named are found guilty of the serious charges made in the letter.
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