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It relegated the CJI to the position of an advisor and gave the substantial control over the judicial appointments process to the executive.
There is no doubt that the decision in the Second Judges Case virtually rewrote some provisions of the Constitution.
Senior advocate Fali S. Nariman, lead counsel for the petitioner (Supreme Court Advocates-on-Record Association) in the Second Judges Case, candidly said that this was a case he won, but one that he would ‘prefer to have lost’.
Then, in September 1992, five villagers raped her in the presence of her husband. She sought justice, but faced innumerable hurdles from police authorities. The trial court in Rajasthan went ahead and acquitted the five accused.
This spurred a group of five NGOs, under the name ‘Vishaka’, to file a PIL in the Supreme Court seeking detailed directions on how sexual harassment of women at the workplace could be prevented through a judicial process.
Why was this required? Wasnt this a heinous crime regardless?
