CJI Dipak Misra's adieu as Chief Justice


NC Network

 Chief Justice of India Dipak Misra, on Monday bidding farewell ,said, that Indian judiciary is the "most robust institution" in the world and young lawyers are  assets, having potential to develop the constitution.

"Our judiciary has been strongest judiciary in the world. Having capability to handle mind boggling number of cases," Justice Misra, who will retire as the CJI on  Tuesday, said this, while speaking at the farewell function organised at the premises of the Supreme Court on Monday.

"History can be sometimes kind, and unkind. I don't judge people by their history but by their activities, and , perspective," the CJI said."In my whole career as a judge, I never dissociated myself from the lady of equity," Justice Misra said."I am indebted to Bar at every level, and I am leaving  from here with satisfaction, he added. 

He spoke, after the Chief Justice of India-Designate, Justice Ranjan Gogoi, praised him saying that his greatest contribution has been to civil liberties and cited his recent verdicts in this regard.

Justice Gogoi, who will be swearing-in as the CJI on Wednesday, said Justice Misra was a remarkable judge.

Major decisions by CJI Misra: 

  • Election Candidates Cannot be disqualified on framing charges (25 September 2017)
          A five-judge bench comprising CJI Dipak Misra ruled that candidates contesting elections cannot be barred on the grounds of a charge sheet being filed against them. However, the court also provided directions in this matter that a criminal record of candidates must be put out publicly and given wide publicity so that the citizens can make an informed choice about the candidates.

  • Validating Adhar (September 26, 2017)
In one the of second longest running judgement, the five judge bench found Adhar to have a legitimate aim of delivering welfare schemes and subsidies to the citizens. This decision also struck down the mandatory linking of Adhar with phone numbers, bank connections and educational institutions like NEET, UGC and CBSE. Post this judgement, Adhar is kept as mandatory for availing only government benefits like LPG connections and ration. 

  • Allowing women in Sabarimala Temple: 
In what has emerged as a landmark ruling, a 4:1 majority of the Supreme Court threw open the doors of Sabarimala Temple in Kerala to women aged 10 to 50.  In striking down Rule 3(b) of Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965, the bench, headed by CJI Misra, termed the prohibition of women of menstruating age from entering the temple to be inviolation of fundamental rights and Constitutional guarantees. Chief Justice Dipak Misra reading out the judgment, also on behalf of Justice A.M. Khanwilkar, said that subversion of women's rights under the garb of physiological phenomenon cannot be allowed

Controversies surrounding CJI Misra's tenure: 

1. Corruption Allegations leveled against CJI Dipak Misra by activists and lawyers in connection to medical sear allotment scam. It was alleged that CJI Misra controversially quashed an order of bench headed by Justice Chelameswar for a probe in the scam. 

2. Four SC judges including Justice Chelameswaram held an unprecedented press conference to protest 'selective allocation of politically sensitive cases to preferred benches' and also raised questions on the way CJI Misra administered SC. Follwing this Cong led opposition in Rajya Sabha moved an impeachment motion against him which was later rejected by the RS Chairman 

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