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MP, 6 other States, reject Centre’s proposal for centralized appointment of lower judiciary

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MP, 6 other States, reject Centre’s proposal for centralized appointment of lower judiciary

[vc_row][vc_column][vc_column_text]Law ministry had proposed that Centre be given powers to appoint members of lower judiciary, district judges and their like, affidavit filed in Supreme Court

~By Chandrani Banerjee

In April this year, the Law Ministry prepared a proposal that would have given the power to appoint members of the lower judiciary, district judges and their like, to the Centre and not the higher courts or the state Governor as is the case now under Article 233 of the Constitution.

Governments of seven States, including the Shivraj Singh Chouhan-led, BJP-ruled Madhya Pradesh, have reportedly filed an affidavit in the Supreme Court opposing the Law Ministry’s proposal.

Speaking to APN’s sister-concern India Legal, Trinamool Congress MP and a member of Parliament’s consultative committee on Law and Justice Kalyan Banerjee said, “West Bengal government has filed an affidavit saying that this is re-writing Article 233 of the Constitution of India. The right to appoint district judges is reserved with the respective high courts and the Governor. There is no reason to change it”.

Further he added, “The consultative committee met on March 30th 2017 and the Union Ministry has sent a letter on April 24th, 2017. Why was the letter sent after the meeting?  And why no meeting of the consultative committee since March 30th has taken place? This is all questionable and the answers are nowhere”.

Another state that reacted sharply is Tamil Nadu.

DMK working president and Leader of Opposition in the Tamil Nadu Assembly, MK Stalin opposed in the state assembly the proposal mooted by the Centre for an entrance examination on the lines of NEET to recruit judges for the lower judiciary in July this year.

Stating that the Centre’s proposal went against principles of federalism, Stalin told India legal, “Appointing district judges in the states through all India judiciary exam amounts to usurping the state’s rights and totally is against the principle of federalism enshrined in our Constitution. This move is highly condemnable and cannot be accepted in healthy and constitutionally mandated Centre-State relations.”

Stalin added that even some BJP -ruled states have opposed this proposal. “The BJP should realise that people have given majority to govern and to protect the federal setup but not to make the states unconstitutionally subservient,” he said.

The proposal was forwarded to the Supreme Court by the then Secretary in-charge of justice in the Union law ministry, Snehlata Srivastava, suggesting recruitment of district level judges on the basis of an all-India examination (India Legal has a copy of the letter).

Opposition leaders point out that the consultative committee dealing with the law ministry last met on March 30th 2017. The proposal was forwarded by the Supreme Court to the states on April 24th. There has been no meeting of the consultative committee since March 30th. This itself raises serious questions about the subversion of India’s federal structure and the seriousness, or lack of it, in the way that consultative committees are treated by parliamentarians.[/vc_column_text][/vc_column][/vc_row]

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Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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