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Apr 7, 2018 35 tweets 13 min read Twitter logo Read on Twitter
Justice #JastiChelameswar in conversation Karan Thapar on 'Role of Judiciary in Democracy' at Constitution Club of India, New Delhi.
Event organised by Harvard Club of India.
Justice #JastiChelameswar in conversation with #KaranThapar to commence soon.
Karan Thapar to pose questions to Justice #JastiChelameswar on NJAC, the controversial letter written to CJI on listing of matters and on elevation of Justice KM Joseph and Sr. Adv. Indu Malhotra.
"When I accepted the invitation to speak I was under the impression that I would speak to a former Harvard student, did not think I would be handed over to you" Justice #JastiChelameswar to Karan Thapar.
On #NJAC judgment: "I dont believe judgments of Supreme Court are synonymous with Constitutional truth", Justice #JastiChelameswar.
Is an audit of #Collegium system necessary: "Yes. No system created by human beings can be perfect", Justice #JastiChelameswar.
On #MemorandumOfProcedure: Not aware of response by Central government to MoP.

"Is it not unusual for CJI not to inform second senior most judge of it", Karan Thapar.

"Choice of words is yours", says Justice #JastiChelameswar
On elevation of Justice KM Joseph:

"Why has his name not been reiterated by Collegium", Karan Thapar.

"I cannot answer that question", Justice #JastiChelameswar.
Karan Thapar reads out Collegium resolution on Justice KM Joseph:

"Is it not a huge support for Justice Joseph", Karan Thapar.

"Hmmm", Justice #JastiChelameswar.

"That audience has learned to interpret your silence and hmm", Karan Thapar.
On letter to CJI on listing and press conference.

"That was the last resort. It was certainly anguish and I felt I had no other option", Justice #JastiChelameswar
On RP Luthra's case:

"If Division Bench had passed any order, it might have created difficulties for Collegium and Centre to finalise MoP as per NJAC judgment", Justice #JastiChelameswar
On Prasad Educational Trust:

"I still cant understand what was the problem with the order passed by Bench presided by myself. It is practice to mention matters before second-most judge when CJI is sitting in Constitution Bench", Justice #JastiChelameswar
Prasad Education Trust case:

"I still believe I was acting within my powers when I constituted the Constitution Bench of 5 senior-most judges", Justice #JastiChelameswar
Prasad Education Trust:

"Was it lapse of judgment on the part of CJI #DipakMisra to have overturned that order of yours", Karan Thapar.

"I dont want to comment on that", Justice #JastiChelameswar
On examples of CJI sending cases selectively to Benches of preference:

"Dont want to get into that controversy", Justice #JastiChelameswar
On Master of Roster power of CJI and #Jayalalithaa case

"The whole idea is to ensure that things become efficient, but it took more than a year to deliver that judgment", Justice #JastiChelameswar.
On Master of Roster power:

" Undoubtedly CJI has that power but it has to be exercised with responsibilty for the benefit of the public. Cannot be exercised whimsically", Justice #JastiChelameswar
On Loya case listing:

Never said about it being inappropriate, says Justice #JastiChelameswar.

"But what is the basis on which sensitive cases are being allocated?"
On cases going to preferential Benches:

Erodes confidence of public, cause of concern for the system, says Justice #JastiChelameswar.
"Do we have sufficient grounds for seeking impeachment of CJI?", Karan Thapar

"Dont know why we are obsessed with impeachment. Impeachment cannot be a solution for the problems (in the system). We need to correct the system", Justice #JastiChelmeswar.
"When cases are allocated to preferential benches is it not the implication that the particular judge is pliable?", Karan Thapar.

"I wont say pliable. It creates doubts about the integrity of the institution", Justice #JastiChelameswar.
On PILs being listed before CJI as per new roster:

"He is the master of roster. If he can handle all cases then let him. I dont have a complaint against that", Justice #JastiChelameswar.
On whether Collegium system ia dysfunctional:

Justice #JastiChelameswar denies, says two days ago made recommendations to two High Court.

"There are differences between us but does not mean we dont see eye to eye", Justice #JastiChelameswar.
"Are you apprehensive that Justice Ranjan Gogoi might not be elevated to CJI when Dipak Misra J. retires", @KaranThaapar

"I hope it will not happen. If it happens it will only prove that what we said at Press conference is true", Justice #JastiChelameswar
On breaching judicial discipline by holding press conf:

Karan Thapar refers to Guideline 9 of Restatement of Judicial Values

But #JastiChelameswar J. says,

"We are not supposed to discuss our judgments. But no breach of discipline when I talk about administrative issues"
"Do we need to consider altering the system?", Karan Thapar.

"Some sort of revisiting is required", Justice #JastiChelameswar
"Never raised any issue of senior or junior judges in our letter or press conference", Justice #JastiChelameswar
"All democracies are experiments, wherever it is", Justice #JastiChelameswar.
Justice Chelameswar speaks - Part 1 of the Video

Justice Chelameswar said, I will not seek any post retirement Government employment under any Government [WATCH VIDEO]

Justice Chelameswar on the elevation of Justice KM Joseph to the Supreme Court.

Here is the Part 2 of the Video of Justice Chelameswar

Impeachment is not the solution to every problem - Justice Chelameswar on the whether there are sufficient grounds to impeach Chief Justice of India Dipak Misra.

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