CJI Chandrachud's last address at ceremonial Bench
The chief justice of India DY Chandrachud retired form judicial service on Friday and the supreme court of India bid him off with a ceremonial send off. Finally at night I was wondering that at 2 the court would be empty, and I will be there looking at a screen and there I am I’m humbled to be in front of all of you. Its work goes on from one human being to another and different people will have different views…The person who will follow me is so strong, such a pillar of strength- Justice Khanna, a man of the court, so conscious of history,” said the CJI. The CJI in a remark demonstrating affection to judiciary and justice said he wished to take up as many matters as possible before the Ceremonial Bench will be called, this was looked as a farewell to the service. The CJI also apologized in case he ‘ever hurt anyone’ adding that it is the court that sustains him through the strength of the institution. He thanked the lawyers for attending the Ceremonial Bench.
Failed surgery alone does not imply medical negligence: SC
The court was rather clear to remind that complicances that go as far as those unforeseen do not in any way suggest that the doctor has behaved negligently in discharging his/her professional obligations. The Supreme Court has noted that doctors can in no way be called to account for negligence merely on the ground that the operation or treatment attended with the anticipated results, and that they can be made to answer for their misdeeds only when there are circumstances which speak of negligence and or deviation from the standard methods. In a judgment that affirmed categories of claim suits against healthcare specialists, the court held that complications, let alone unpredictable ones, are not sufficient to allege that a doctor has not exercised the proper degree of care and competence. The court said, “A doctor cannot be held liable for negligence straightway by applying the principle of ‘Res Ipsa Loquitur’, merely for the reason that the patient has not responded favourably to the surgery or the treatment administered by a doctor or the surgery has failed, unless the evidence was led that the doctor failed to exercise the degree of skill possessed by him while, thus discharging of his duties”
Wealth Inequality Still Enormous; Views Of Krishna Iyer & Chinnappa Reddy Haven't Lost Relevance : Justice Sudhanshu Dhulia In Dissent
In a nine jurist Constitution bench majority decision holding that all private properties cannot constitute ‘the material resources of the community’ within the meaning of the Directive Principles of State Policy under Article 39(b) read with Article14 of Constitution the learned Judge dissented.The bench headed by Chief Justice of India DY Chandrachud comprising Justices Hrishikesh Roy, B.V. Nagarathna, Sudhanshu Dhulia, J.B. Pardiwala, Manoj Misra, Rajesh Bindal, Satish Chandra Sharma and Augustine George Masih by 7:2 argued that certain private properties falls under Article 39(b) just as it may be qualified as a ‘material resource of the community’. However, Justice Nagarathna agreed partly.The majority judged in favour of that perception that Justice Krishna Iyer sought to advance in the case of State of Karnataka v. The general opinion associated with the practice of considering private properties as community resources has been derived from the eminent work of Ranganatha Reddy (1978). Further, the judgment of Sanjeev Coke Manufacturing Company vs. Bharat Coking Coal Ltd. and Anr. (1983) where the court upheld the view of Justice Iyer was take to be wrong.In his 97-page dissent, Justice Dhulia also observed that he utterly subscribed to the CJI majority judgment in the Article 31C aspect and that, to the extent held valid in Kesavananda Bharati, survives, unamended.
Not All Private Property Is 'Material Resource Of Community' Which State Must Equally Distribute As Per Article 39(b) : Supreme Court
The Supreme Court today (November 5) held by a majority of 8:1 that all private properties cannot form part of the 'material resources of the community' which the State is obliged to equitably redistribute as per the Directive Principles of State Policy under Article 39(b) of the Constitution.The Court held some private properties may come under Article 39(b) provided they are material and belong to the community.The 9-judge bench comprised Chief Justice of India DY Chandrachud, Justices Hrishikesh Roy, B.V. Nagarathna, Sudhanshu Dhulia, J.B. Pardiwala, Manoj Misra, Rajesh Bindal, Satish Chandra Sharma and Augustine George Masih.The majority opinion was authored by the CJI, while Justice BV Nagarathna partially concurred and Justice Dhulia dissented.
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