There are many dynasties in India. Political, business, film and many other dynasties are well known and talked about. Not much is known and talked about judicial dynasties.
The present Chief Justice of India Dhananjaya Chandrachud is the son of Yeshwant Chandrachud who was CJI from 22/2/1978 to 11/7/1985. Former CJI Uday Lalit is son of Umesh Lalit who was Justice of Bombay High Court and advocate of Supreme Court. Justice K. M. Joseph’s father Justice K. K. Mathew was Justice of Supreme Court from 4/10/1971 to 3/1/1976. Justice Santosh Hegde’s (8/1/1999 – 15/6/2005) father Sadananda Hegde was Justice of Supreme Court from 17/7/1967 to 30/4/1973. CJI Madhukar Kania (13/12/1991) was son of CJI Hiralal Kania (26/1/1950 – 6/11/1951). Justice B. V. Nagarathna is the daughter of former CJI E. S. Venkataramaiah (19/6/1989-17/12/1989).
In India judges have assumed power to appoint judges by creating collegium system. They struck down 99th Amendment which established National Judicial Appointments Commission. This needs to change.
Judges of Supreme Court should be appointed by President after approval by Lok Sabha.
Judges of a High Court should be appointed by Governor or Lieutenant Governor after approval by Legislative Assembly.
Seniormost Justice should become Chief Justice. Seniority is to be decided by date of birth and date of taking oath. Order of taking oath should not be relevant.
There should be an Amendment for that.
Further, the Amendment should state that Courts shall not function outside working hours on working days and no case should be taken up during night. There should be no public interest litigation or curative petition. These are inventions of the Supreme Court. Benches of Supreme Court and High Court shall be odd numbered. Articles 127, 128, 132-139A, 142, 222, 224, 224A should be repealed.