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Indu Malhotra to be first woman to be promoted from Bar to SC judgeship

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Indu Malhotra to be first woman to be promoted from Bar to SC judgeship

Supreme Court Collegium also recommends elevation of Uttarakhand Chief Justice KM Joseph as judge of the apex court

In a first, the Supreme Court Collegium has decided to elevate a woman lawyer – Indu Malhotra – straight from the Bar Council to be made a judge of the apex court.

Indu Malhotra to be first woman to be promoted from Bar to SC judgeshipThe Collegium, comprising senior-most judges of the Supreme Court – Chief Justice Dipak Misra, Justices Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph – has, according to media reports, recommended unanimously the appointment of Malhotra and Uttarakhand Chief Justice KM Joseph as judges of the apex court.

It is pertinent to note that in the first 39 years of its existence, the Supreme Court’s judiciary had no woman member. The glass ceiling was broken in 1989 with the appointment of Justice Fathima Beevi as a judge of the Supreme Court. Justice Beevi was not just the first woman judge of the Supreme Court but also the first Muslim woman to have made it to India’s higher judiciary. The other women judges of the Supreme Court have been Justice Sujatha Manohar,  Justice Ruma Pal, Justice Gyan Sudha Misra and Justice Ranjana Desai.

With Malhotra’s appointment, the Supreme Court will now have two sitting women judges, the other being Justice R Banumati. Malhotra would be one of only seven women judges that the apex court has had so far since independence.

However, this won’t be the first time that the apex court will have two sitting women judges. Speaking to India Legal, Justice (retired) Gyan Sudha Misra said: “Little after Justice Ruma Pal retired I was elevated to the Supreme Court and was the only lady judge for a while before Justice Ranjana Desai was elevated to the SC. Justice Desai and I served as judges of the Supreme Court together for a while.”

However, when asked for her views on the direct elevation of a lawyer to the SC judgeship, Justice (retd) Misra said: “It is the Collegium’s decision and I would not like to comment on it”.

Malhotra had, in 2007, become the second woman to be designated as a Senior Advocate by the Supreme Court. A expert on arbitration, Malhotra has authored the third edition of The Law and Practice of Arbitration and Conciliation, 2014 and has appeared in various domestic and international commercial arbitrations. She has also served as a member of the Centre-appointed High Level Committee (HLC) in the Ministry of Law and Justice to review ‘Institutionalization of Arbitration Mechanism in India’.

Daughter of the late Om Prakash Malhotra, a legal luminary himself with pioneering work in the legal disciplines of industrial disputes and arbitration, Indu Malhotra had enrolled as a lawyer in the Bar Council of Delhi in 1983. Then, in 1988 she qualified as an Advocate-on-Record (AoR) in the Supreme Court and also served as Standing Counsel for the State of Haryana and represented statutory bodies like the Securities Exchange Board of India (Sebi), Delhi Development Authority (DDA), Council for Scientific and Industrial Research (CSIR), Indian Council for Agricultural Research (ICAR), before the Supreme Court.

The Collegium’s other pick for the Supreme Court judiciary – Uttarakhand Chief Justice KM Joseph – is also an interesting one. It was Justice Joseph who had, in 2016, struck down the imposition of President’s Rule in Uttarakhand by the Narendra Modi-led government and allowed Congress’ Harish Rawat to prove his strength in the state assembly. The decision had paved the way for Harish Rawat to return as Uttarakhand chief minister following the controversial defections to the BJP that had been orchestrated by his predecessor and then party colleague Vijay Bahuguna. A month after he delivered this verdict, the Supreme Court Collegium had recommended Justice Joseph’s transfer to the joint high court for Andhra Pradesh and Telangana in Hyderabad. However, the Modi government refused to clear the transfer, instead choosing to keep the Chief Justice’s post vacant. The high court at Hyderabad still does not have a full-time Chief Justice.

The Collegium has also regularised Chief Justices of five High Courts which currently had acting chief justices. Justice J Bhattacharaya, who is presently chief justice of Calcutta High Court, will be the new chief justice of Delhi High Court, taking over from Justice Gita Mittal who has been serving as the acting chief justice of the court for several months now.

Chief Justice of the Chattishgarh High Court, Justice TB Radhakrishnan, has been transferred to the Andhra Pradesh High Court which Justice Abhilasha Kumari of the Gujarat High Court has been transferred to Manipur as chief justice. The Collegium has also appointed Justice A Dominic as chief justice of the Kerala High Court while Justice Ajay Rastogi has been transferred to the Tripura High Court. Justice Surya Kant of the Punjab and Haryana High court will be the new chief justice of Himachal Pradesh.

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Pawan Khera faces fresh setback as Supreme Court refuses relief in passport row case

Congress leader Pawan Khera faces fresh setback as Supreme Court refuses interim relief and directs him to seek bail from Guwahati High Court.

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Pawan Khera

Congress leader Pawan Khera suffered another legal setback on Friday after the Supreme Court of India declined to extend protection in a case linked to his remarks about Himanta Biswa Sarma’s wife.

A bench of the apex court refused to interfere with an earlier order that had stayed the transit anticipatory bail granted to Khera by the Telangana High Court. This decision leaves the Congress leader open to possible arrest by Assam Police in connection with the case.

During the hearing, Khera’s counsel sought interim protection, but the court declined the request and advised him to approach the appropriate court in Assam for relief. The bench clarified that the Guwahati High Court should decide any bail plea independently and on its merits.

“Am I a terrorist?” remark during hearing

While seeking protection, Khera’s legal team expressed concern over the urgency of the situation. In court, his counsel remarked, “Am I a terrorist?” highlighting the plea for temporary relief until a fresh bail application could be filed.

The Supreme Court also raised concerns over the submission of incorrect documents during the proceedings, adding another layer to the legal complications faced by the Congress leader.

Case linked to remarks on CM’s wife

The case stems from a press conference held earlier this month, where Khera made allegations regarding the citizenship status and financial assets of the Assam Chief Minister’s wife, Riniki Bhuyan Sharma.

He had claimed that she possessed multiple passports and owned undisclosed overseas properties. These allegations were strongly denied by the Chief Minister’s family, who termed them fabricated and misleading.

Legal battle intensifies

Earlier, the Telangana High Court had granted Khera temporary transit anticipatory bail, allowing him time to seek relief from a competent court in Assam. However, the Supreme Court stayed that order following a challenge by Assam authorities, escalating the legal battle.

With the latest ruling, Khera is now expected to move the Guwahati High Court for anticipatory bail as the case continues to unfold.

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Congress suspends 5 Haryana MLAs over cross-voting in Rajya Sabha polls

Congress suspends five Haryana MLAs for cross-voting in Rajya Sabha elections, citing serious indiscipline and anti-party activities.

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The Congress has suspended five of its MLAs in Haryana for cross-voting during the recent Rajya Sabha elections, taking disciplinary action over what it described as “anti-party activities”.

The move came after the state unit reviewed the conduct of certain legislators during the polls, where some were found to have voted against the party’s authorised candidate.

Five MLAs suspended after disciplinary process

According to party sources, the MLAs were issued show-cause notices seeking an explanation for their actions. After reviewing their responses, the Congress disciplinary committee recommended suspension.

The decision was approved by the party leadership, including Congress president Mallikarjun Kharge, and has been implemented with immediate effect.

Party calls it ‘grave indiscipline’

Haryana Congress chief Udai Bhan said the action was necessary to uphold party discipline, stressing that defying the official party line during elections weakens organisational unity.

He said the party takes such violations seriously and will continue to act against any form of indiscipline.

Leadership backs strict action

Senior Congress leader and Leader of Opposition Bhupinder Singh Hooda supported the decision, saying it was taken after due consideration.

He noted that while Rajya Sabha elections are conducted through an open ballot system, allowing legislators some flexibility, the party retains the authority to initiate internal disciplinary action in cases of deviation.

Background

The action follows cross-voting reported during the recent Rajya Sabha elections in Haryana, which led to internal concerns within the party. The development has highlighted organisational challenges and prompted the leadership to take corrective steps to reinforce discipline.

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Harivansh set to be elected Rajya Sabha Deputy Chairperson unopposed

Harivansh is set to be elected unopposed as Rajya Sabha Deputy Chairman after no opposition nominations were filed before the deadline.

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Former Rajya Sabha Deputy Chairman Harivansh is set to be re-elected to the same post unopposed in the election due to be held later today.
The date has been fixed by the Chairman under the relevant rules governing the conduct of business in the Upper House.
According to sources, the deadline for submitting motions for the election was 12 noon on April 16. A total of five notices were received within the stipulated time, all proposing Harivansh for the post.

Multiple nominations, single candidate
The motions were submitted by members across parties, including Jagat Prakash Nadda, Nitin Nabin, Nirmala Sitharaman, Sanjay Kumar Jha, and Jayant Chaudhary, each backed by seconding members.
All five motions explicitly state that Harivansh be chosen as the Deputy Chairman of the Rajya Sabha.

No opposition nomination filed

Notably, no motion was submitted by the Opposition before the deadline. This effectively clears the path for a unanimous election, as there is no contest for the position.
As per parliamentary procedure, motions will be taken up one by one. Once any one motion is adopted by the House, the remaining motions will not be put to vote.

Likely to be elected by voice vote
In line with established practice, the first motion — expected to be moved by Nadda — may be adopted through a voice vote. Following this, the Chairman will formally declare Harivansh as elected Deputy Chairman.
After the declaration, Harivansh will be escorted to the Chair by members from both the Treasury and Opposition benches, adhering to parliamentary convention.

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