G.S. Singhvi | |
---|---|
Judge of the Supreme Court of India | |
In office 12 November 2007 –12 December 2013 [1] | |
Appointed by | Pratibha Patil |
Chief Justice of the Andhra Pradesh High Court | |
In office 27 November 2005 –11 November 2007 | |
Judge of the Gujarat High Court | |
In office 28 February 2005 –26 November 2005 | |
Personal details | |
Born | Jodhpur,Rajasthan | 12 December 1948
Alma mater | Rajasthan University |
G.S. Singhvi (born 12 December 1948) is a retired judge of the Supreme Court of India. He retired on 11 December 2013. [2]
Singhvi was born at Jodhpur,Rajasthan on 12 December 1948. He graduated in 1968 from Jodhpur University and earned Bachelor of Laws (LL.B.) degree in 1971 from Rajasthan University with gold medal. [2]
Singhvi practised in Rajasthan High Court,mainly in Constitutional Law. [2]
He became a judge of the Rajasthan High Court on 20 July 1990. was transferred to Punjab and Haryana High Court on 28 April 1994 and then to the Gujarat High Court on 28 February 2005. [2]
He was elevated to the post of Chief Justice of the Andhra Pradesh High Court on 27 November 2005. He became a judge of Supreme Court of India on 12 November 2007. [2]
On 2 February 2012, a bench composed of Justice Singhvi and Justice AK Ganguly quashed 122 2G licenses issued in the year 2008 by A. Raja, then Union Telecom Minister terming them as "unconstitutional and arbitrary". [3] [4]
Justice Singhvi headed a bench of Supreme Court dealing with abuse of vehicle beacon lights. During the hearings, the bench said, "A judge becomes hourable (sic) by his judgments and not by using red beacon at the top of his official car." The bench ordered all the governments to take steps to limit the list of dignitaries entitled to use red beacon with siren on their official cars. [5]
A bench of Justice Singhvi and Justice S. J. Mukhopadhaya has upheld the Section 377 of India's penal code bans "sex against the order of nature", which is widely interpreted to mean homosexual sex. [6] [7] [8] The judges stated that "a miniscule [sic] fraction of the country's population constitutes lesbians, gays, bisexuals or transgenders" and that the High Court had erroneously relied upon international precedents "in its anxiety to protect the so-called rights of LGBT persons". The United Nations human rights chief Navi Pillay [9] voiced her disappointment at the re-criminalization of consensual same-sex relationships in India, calling it "a significant step backwards" for the country and UN chief Ban Ki-moon [10] stressed on the need for equality and opposed any discrimination against lesbians, gays and bisexuals. [11]
In the Puttaswamy v. Union of India case, the 9-judge bench commented on the verdict that the size of the population should have no barring on the protection of fundamental rights. The Bench commented that the "so-called rights" implies an illusion, but the claims were grounded in the Constitution. [12] Subsequently, the judgement was overturned by a 5-judge constitutional bench on 6 September 2018 in Navtej Singh Johar v. Union of India . [13]
In a judgement on 6 July 2011, the bench of Justice Singhvi along with Justice AK Ganguly ordered that entire 156 hectares of land be given back to the robbed farmers. The government had acquired the land for "development" but was handed over to builders for making commercial and residential complexes. The bench imposed a fine of ₹1 million (US$12,000) Greater Noida Industrial Development Authority (GNIDA) for its illegal act. [14] [15]
The Supreme Court of India 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.
The chief instrument through which judicial activism has flourished in India is public interest litigation (PIL) or social action litigation (SAL). It refers to litigation undertaken to secure public interest and demonstrates the availability of justice to socially-disadvantaged parties and was introduced by Justice P. N. Bhagwati and Justice V.R. Krishna Iyer. It is a relaxation on the traditional rule of locus standi. Before 1980s the judiciary and the Supreme Court of India entertained litigation only from parties affected directly or indirectly by the defendant. It heard and decided cases only under its original and appellate jurisdictions. However, the Supreme Court began permitting cases on the grounds of public interest litigation, which means that even people who are not directly involved in the case may bring matters of public interest to the court. It is the court's privilege to entertain the application for the PIL.
Section 377 is a British colonial penal code that criminalized all sexual acts "against the order of nature". The law was used to prosecute people engaging in oral and anal sex along with homosexual activity. As per a Supreme Court Judgement since 2018, the Indian Penal Code Section 377 is used to convict non-consensual sexual activities among homosexuals with a minimum of ten years’ imprisonment extended to life imprisonment. It has been used to criminalize third gender people, such as the apwint in Myanmar. In 2018, then British Prime Minister Theresa May acknowledged how the legacies of such British colonial anti-sodomy laws continue to persist today in the form of discrimination, violence, and even death.
The High Court of Rajasthan is located in Jodhpur and is the highest court in the state of Rajasthan. It was established on 29 August 1949 under the Rajasthan High Court Ordinance, 1949. Currently the sanctioned strength of the judges is 50 and the actual strength is 34.
Jodhpur District is a district in the State of Rajasthan in western India. The city of Jodhpur is the administrative headquarters of the district.
Jai Narain Vyas University is an educational institution in Jodhpur, Rajasthan, India. The institution is the only residential university in the state, catering mainly to the needs of students of western Rajasthan (Marwar). Many of its research and development activities focus on the heritage, society, and challenges of the Thar Desert region, in which it is located. As the westernmost university of the country, research is conducted in border areas with Pakistan.
Laxmi Mall Singhvi was an Indian jurist, parliamentarian, scholar, writer and diplomat. He was, after V. K. Krishna Menon, the second-longest-serving High Commissioner for India in the United Kingdom (1991–97). He was conferred with a Padma Bhushan in 1998.
Manepalli Narayanarao Venkatachaliah was the 25th Chief Justice of India. He served as Chief Justice from 1993 to 1994. He currently serves as the Chancellor of Sri Sathya Sai Institute of Higher Learning and on the Advisory Board of Foundation for Restoration of National Values, a society established in 2008 that strives to restore National and Cultural Values of India.
R. M. Lodha is a former Chief Justice of the Supreme Court of India. Before being elevated to the Supreme Court, he served as the chief justice of Patna High Court. He has also served as a judge in Rajasthan High Court and Bombay High Court. On 14 July 2015, the Supreme Court committee headed by RM Lodha suspended the owners of Rajasthan Royals and Chennai Super Kings from the Indian Premier League cricket tournament for a period of two years for alleged involvement in betting.
Kan Singh Parihar was a Judge of Rajasthan High Court and Vice Chancellor of University of Jodhpur.
Naz Foundation v. Govt. of NCT of Delhi (2009) is a landmark Indian case decided by a two-judge bench of the Delhi High Court, which held that treating consensual homosexual sex between adults as a crime is a violation of fundamental rights protected by India's Constitution. The verdict resulted in the decriminalization of homosexual acts involving consenting adults throughout India. This was later overturned by the Supreme Court of India in Suresh Kumar Koushal vs. Naz Foundation, in which a 2 judge bench reinstated Section 377 of the Indian Penal Code. However, even that was overturned by a 5 judge bench in Navtej Singh Johar v. Union of India in 2018, decriminalizing homosexuality once again.
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In India, a binding decision of the Supreme Court/High Court can be reviewed in review petition. The parties aggrieved on any order of the Supreme Court on any apparent error can file a review petition. Taking into consideration the principle of stare decisis, courts generally do not unsettle a decision, without a strong case. This provision regarding review is an exception to the legal principle of stare decisis.
Asok Kumar Ganguly is an Indian jurist. He served as the chairman of the West Bengal Human Rights Commission and as a judge of the Supreme Court of India who delivered judgements in some high-profile cases like the 2G spectrum case.
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Justice Nagendra Kumar Jain is an Indian judge, and the current chairman of Bar Council of Rajasthan. He was also invited to discuss the reforms in the judiciary by Parliamentary Estimate committee in 1985. He became a member of the Bar council of India and Member of Executive and governing council of National Law School of India University in 1986.
Dinesh Maheshwari is a former Judge of the Supreme Court of India. He is a former Chief Justice of the Karnataka High Court & High Court of Meghalaya. He took the oath as a Judge of Rajasthan High Court on 2 September 2004. He was transferred to the Allahabad High Court and remained senior Judge at the Lucknow Bench of Allahabad High Court from 2 March 2015. He took oath as Chief Justice of the High Court of Meghalaya on 24 February 2016. On transfer to Karnataka, Justice Maheshwari took oath as 30th Chief Justice of High Court of Karnataka on 12 February 2018. He took oath as Judge of the Supreme Court of India on 18 January 2019.
Suresh Kumar Koushal &Anr. v. NAZ Foundation &Ors.(2013) is a case in which a 2 judge Supreme Court bench consisting of G. S. Singhvi and S. J. Mukhopadhaya overturned the Delhi High Court case Naz Foundation v. Govt. of NCT of Delhi and reinstated Section 377 of the Indian Penal Code. The Supreme Court of India decided to revisit this judgement after several curative petitions were filed against it, in 2017. Thereby in 2018, Navtej Singh Johar v. Union of India, a 5 judge bench of the Supreme Court overturned this judgement, decriminalizing homosexuality. Portions of Section 377 relating to sex with minors, non-consensual sexual acts such as rape, and bestiality remain in force.
G.S. Singhvi is a Member of the Selection Jury of Mahaveer Awards instituted by Bhagwan Mahaveer Foundation. [1]