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Judges upset with Modi govt altering Justice KM Joseph’s seniority, CJI says will take it up

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Judges upset with Modi govt altering Justice KM Joseph’s seniority, CJI says will take it up

A group of judges met Chief Justice of India (CJI) Dipak Misra today (Monday, Aug 6), to take up call the government’s attempt to alter the seniority of Justice KM Joseph by putting his name at the bottom of the list of judges cleared for elevation to the top court.

The CJI assured the judges that he would take up the matter with the government. The swearing-in is scheduled for tomorrow, August 7.

The government had been reluctant to clear Justice Joseph’a name and his appointment as SC judge was cleared after much back-and-forth in the past eight months. Even while finally clearing his name when the SC Collegium sent it back a second time, the government did what it could against the interests of the Judge and put his name at the bottom of the list of judges approved, after the names of Justices Indira Banerjee and Vineet Saran.

With his name at the bottom of the list in notification for swearing in on Tuesday (August 7), he will be sworn in last. This will not allow him to even head an independent bench in a long while. It is known, though, that Justice Joseph, considering his seniority, date of retirement, and other issues, will never be the Chief Justice of India.

According to tradition – and tradition rules at the Supreme Court – judges lose seniority even if they are sworn in on the same day but hours apart. This had happened during the swearing in of two judges of the Supreme Court, Justices Ruma Pal and YK Sabharwal.

In 2000 both judges were named to the top court and Justice Pal was being sworn in for a six-year stint at the top court, which was time enough for her to be elevated to the post of Chief Justice of India.

However, the communication reached her late and her trip to Delhi was delayed. She was sworn in a few hours after Justice Sabharwal. That delayed communication robbed Justice Pal of the opportunity to be the Chief Justice, despite her being the senior judge of the two.

The issue of Justice KM Joseph’s seniority being affected in this manner was taken up some SC judges, including three from the Supreme Court collegium or panel that recommends appointments, with Chief Justice of India Dipak Misra today.

They were told by the Chief Justice that he would take up their protest with the Centre. The swearing-in takes place tomorrow.

Government sources, however, justified the order that places Justice Joseph last among the three judges to be sworn in on Tuesday, reported NDTV.

Denying the charge, government sources said Justice Joseph was appointed high court judge in October 2004, more than two years after Justice Indira Banerjee and Justice Vineet Sharan (both in February 2002). They argued that in the all-India seniority list of judges, Justice Banerjee is at number 2, Justice Sharan at 3 and Justice Joseph places 39.

Justice Joseph did become Chief Justice before the other two judges, but seniority is decided on the date of appointment as high court judge, not Chief Justice, the government sources contended, according to NDTV.

Countering that argument, sources in judiciary told NDTV “seniority is not the only criteria for elevation to the Supreme Court”, and that’s why the collegium rejected the government’s contention on seniority and stood firm by its recommendation of Justice Joseph.

The Supreme Court collegium named Justice Joseph for elevation in January, but the government sent back his file questioning the choice and pointing to inadequate representation in the top court from other states, especially Kerala. As the collegium reasserted its choice of Justice Joseph, the government was forced to accept it.

The government denies opposition allegations that its objections were linked to Justice Joseph’s order in 2016 scrapping President’s Rule in Uttarakhand, which helped restore the Congress’s government.

2024 Lok Sabha Elections

PM Modi raises national security pitch to attack Congress, says Pakistan now weeping and screaming for help under BJP rule

Prime Minister Narendra Modi addressed a massive gathering in Palamu, Jharkhand, where he highlighted the achievements of his government and warned against the dangers posed by the Congress and its allies

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Prime Minister Narendra Modi on Saturday made a scathing attack on the Congress over national security and said the grand old party is a coward as its government used to weep on global platforms after terrorist attacks. The prime minister was addressing a rally in Jharkhand’s Palamu where he said the situation has changed under the BJP rule and Pakistan is now weeping and screaming for help.

Prime Minister Narendra Modi addressed a massive gathering in Palamu, Jharkhand, where he highlighted the achievements of his government and warned against the dangers posed by the Congress and its allies. Speaking to the enthusiastic crowd, PM Modi emphasized the significance of each vote and the transformative impact it can have on the nation.

He took a veiled dig at Rahul Gandhi and said Pakistani leaders, shaken by surgical strikes, are praying for shahzada to become the next Prime Minister. But a strong India wants a strong government. Prime Minister Narendra Modi’s attack on Rahul Gandhi comes days after a former minister in Imran Khan’s Cabinet in Pakistan, Chaudhry Fawad Hussain, shared a video which featured the Congress leader on his social media handle and praised him for attacking the BJP.

PM Modi trained his guns on the ruling alliance in Jharkhand and said corrupt JMM and Congress leaders have amassed huge wealth for their children. He further added that he did not own a home or even a bicycle. There is no blot of corruption on him in the past 25 years as chief minister and prime minister. Earlier while speaking in Sabarkantha, PM Modi said the BJP government has been consistently taking strong action against terrorism across the Pakistan border in comparison to weak governments in the past.

The Prime Minister said terrorists used to come to India and carry out attacks. The weak government during that time used to send dossiers. He further added that today’s new India does not send dossiers, it gives dose to terrorists.

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2024 Lok Sabha Elections

PM Modi takes a dig at Rahul Gandhi after Congress picks him for Raebareli, says daro mat, bhago mat

PM Modi, speaking at a Lok Sabha election rally in Bengal, said both Rahul Gandhi and Sonia Gandhi had fled their constituencies.

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Prime Minister Narendra Modi today commented for the first time to Congress leader Rahul Gandhi’s announcement of his candidacy for the Raebareli seat. Rahul is making his way towards Raebareli because he is afraid of Amethi seat, according to the PM.

The Prime Minister sneered as he said at a rally in Bengal that today he also want to tell him, Daro Mat (don’t be afraid), Bhaago Mat (don’t run).

Rahul Gandhi has often said, Daro Mat while accusing the BJP government of using investigaticve agencies to terrorise critics and political opponents.

According to Prime Minister Modi, there is no need for an exit poll or opinion survey because Congress would lose by a greater margin than the previous time.

Their tallest leader did not have the guts to fight the polls in Raebareli, Prime Minister Modi added, making reference to Sonia Gandhi. She went away and joined the Rajya Sabha in Rajasthan.

The PM reffered Rahul Gandhi as Shehzaada and said he would lose Wayanad, as he has predicted. He was searching for a second seat because of this. Also, their supporters said that he would battle from Amethi. However, PM Modi said, he is so afraid that he ran to Raebareli to find a way out.

Additionally, he claimed that the I.N.D.I.A bloc is only committed to the voting base of a specific locality.

Speaking out against the TMC and the Left-Congress allience in Bengal, Prime Minister Modi claimed he was not afraid since he had overcome poverty. Getting scared is not in his dictionary. He is determined to work for the country, he said.

Meanwhile, the Amethi-Raebareli decision was attacked by a number of BJP leaders, who claimed it was obvious that Rahul Gandhi knew he couldn’t win Amethi, where Smriti Irani is contesting again following her stunning success in the previous Lok Sabha election.

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2024 Lok Sabha Elections

Lok Sabha elections 2024: Rahul Gandhi to contest from Raebareli, KL Sharma from Amethi

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The Congress party unveiled its list of candidates on Friday, and the party has picked Rahul Gandhi from Raebareli and Kishori Lal Sharma from Amethi has been nominated. After a great deal of speculation regarding the two Uttar Pradesh seats, the announcement was made.

Raebareli and Amethi have both been strongholds for the Congress. Rahul Gandhi lost against BJP leader and Union Minister Smriti Irani in the 2019 Lok Sabha elections from Amethi.

Taking to social media X, Congress announced their decision to field Rahul Gandhi from Raebareli and KL Sharma from Amethi, which was made at a meeting of the Central Election Committee.

Today is the final day to submit nominations for the  fifth phase of the election, which is scheduled to held on May 20th. Both the candidates will file nominations today. 

Priyanka Gandhi praised KL Sharma shortly after the nominees for the two prestigious seats were revealed, stating that his loyalty and dedication will help him win the election.

She wrote X, her family has known Kishori Lal Sharma ji for a very long time. His dedication to serving the public good serves as an example. The Congress Party’s decision to nominate Shri Kishori Lal Ji as an Amethi candidate is a matter of joy. She also said Kishori Lal Sharma will undoubtedly win this election because of his devotion to duty and loyalty.

However, given Union minister Smriti Irani’s success in Amethi in 2019, there is worry that Rahul Gandhi’s change of seat could work in the BJP’s favour. With her impending victory, the senior BJP leader has said that the Congress’s delay was due to cold feet and is prepared to defend the seat.

KL Sharma will contest against Smriti Irani in Amethi in the Lok Sabha elections. While, Rahul Gandhi’s opponent would be Dinesh Pratap Singh, who was named by BJP for Raebareli on Thursday. Singh lost the 2019 Lok Sabha elections to former Congress president Sonia Gandhi.

Meanwhile, Rahul Gandhi  is scheduled to hold a roadshow in Raebareli after filing of nominations. Congress President Mallikarjun Kharge will also visit Raebareli today.

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