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CJI Dipak Misra recommends appointment of Justice Ranjan Gogoi as his successor

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CJI Dipak Misra recommends appointment of Justice Ranjan Gogoi as his successor

Chief Justice of India (CJI) Dipak Misra on Tueday, September 4, sent a letter to the Ministry of Law and Justice officially endorsing and recommending the name of Justice Ranjan Gogoi as the next and 46th chief justice of India.

CJI Misra, who assumed office on August 28 last year, retires on October 2.

Justice Gogoi, pending the central government’s approval and a notification from the Rashtrapati Bhavan, will take oath as the next chief justice on October 3. He will have a tenure of 13 months till November 17, 2019.

In recommending Justice Gogoi’s name, CJI Misra has stuck to the convention of recommending the senior most Supreme Court judge as his successor.

Justice Gogoi would be the first CJI from the north-east region of the country. He is the son of Keshab Chandra Gogoi, a former Assam chief minister under the Indian National Congress regime 1982.

Justice Gogoi, who was elevated to the Supreme Court in April 2012 after a tenure as the Chief Justice of Punjab and Haryana High Court, is 63 years old and a native of Assam.

There was some speculation that Justice Gogoi could be superseded after he and three other senior judges of the court — Jasti Chelameswar (now retired), Madan B Lokur and Kurian Joseph — held an unprecedented press conference on 12 January.

The four had highlighted the trust deficit between CJI Misra and his brother judges and accused the Centre of making attempts to curb the independence of the judiciary. They had also pointed out that CJI Misra was taking away politically-sensitive cases from senior judges and assigning them to junior ones.

In the end, this did not come in the way of CJI Dipak Misra adhering to the norm.

As per the Memorandum of Procedure (MoP) governing the appointment of the CJI, the Law Minister asks the outgoing Chief Justice of India to recommend the next CJI.

Union Law Minister Ravi Shankar Prasad had written to the incumbent CJI Dipak Misra to recommend the name of his successor last week.

As per convention, the recommendation letter from the incumbent is sent at least a month before his date of retirement. Convention also requires the senior most judge of the Supreme Court be appointed Chief Justice of India.

The recommendation letter of the incumbent is the first step in the process of appointment of the next Chief Justice of India.

Justice Gogoi, who has made a reputation for speaking his mind, had just a few months ago described “independent journalists and sometimes noisy judges” as democracy’s first line of defence.

In this lecture, he had also suggested that the judiciary should “certainly be more pro-active, more on the front foot”.

“I will even go ahead to say that the institution, at all levels, needs to become more dynamic in the matters of interpretation of laws,” explained the judge.

Justice Gogoi has also been hearing the contentious National register of citizens in Assam case. He along with justice Nariman are seen to be instrumental in the preparation of the NRC in Assam.

It was by the orders of Justice Gogoi that NRC for Assam is being prepared.

India News

Women’s quota bill fails in Lok Sabha as it falls short of two-thirds majority

Women’s reservation proposal failed in Lok Sabha after securing 298 votes, below the required two-thirds majority

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Parliament

Government secures 298 votes in favour, 230 against; proposal does not pass constitutional threshold

The proposed amendment related to women’s reservation failed to pass in the Lok Sabha on Friday after the government could not secure the required two-thirds majority.

The bill received 298 votes in favour and 230 against, falling short of the constitutional threshold needed for passage. As a constitutional amendment, it required the support of at least two-thirds of members present and voting.

Despite securing a simple majority, the government was unable to gather sufficient support to meet this requirement.

Debate continues over two days

The discussion on the bill extended late into Thursday and continued on Friday, with members from both sides participating in the debate on women’s representation in legislative bodies.

Prime Minister Narendra Modi urged members to support the proposal, calling for wider consensus on the issue.

Implications of the outcome

The failure of the bill underscores the challenges in securing broad political agreement on constitutional amendments, especially those related to representation and electoral reforms.

The proposal was aimed at advancing women’s representation in the Lok Sabha and state assemblies, an issue that has remained under discussion for several years.

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Rahul Gandhi faces FIR order as Allahabad High Court acts on dual citizenship plea

High Court allows plea in Rahul Gandhi citizenship case, paving the way for further legal process.

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Rahul Gandhi

The Lucknow bench of the Allahabad High Court has allowed a petition seeking legal action in connection with allegations related to Congress leader Rahul Gandhi’s citizenship status, marking a fresh development in the case.

The petition was filed by a political worker, who had approached the court seeking directions for registration of a case over claims that Gandhi may have held foreign citizenship. The High Court, while hearing the matter, passed directions for further proceedings in accordance with law.

The development comes after a special MP/MLA court in Lucknow had earlier declined to order registration of an FIR, reportedly observing that it lacked jurisdiction in matters concerning citizenship.

Background

The case is linked to allegations that Rahul Gandhi may have held British citizenship. Under Indian law, dual citizenship is not permitted. However, these claims remain part of the petitioner’s submissions and have not been established by any court.

During earlier hearings, the High Court had sought records and considered material presented by the parties involved.

What happens next

With the High Court allowing the plea, the matter is expected to proceed as per due legal process. This may involve examination by the appropriate authority and further judicial review at subsequent stages.

The case carries both legal and political significance given Rahul Gandhi’s role as Leader of the Opposition in the Lok Sabha.

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India News

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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