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In A Historic Move, Supreme Court Decides to Make Collegium Decisions Transparent

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[vc_row][vc_column][vc_column_text]There has been much talk about the opacity of the Supreme Court Collegium and the recent transfer and resignation of Justice Jayant Patel of the Karnataka High Court – transferred to the Allahabad High Court as the third senior-most, killing his Supreme Court prospects – has added fuel to the controversy fire.

The Supreme Court has decided that all the recommendations of the Supreme Court Collegium will henceforth be posted on the court’s website. The information that will be posted on the court’s website will include information about appointment, promotion and transfer of judges.

This decision by the Collegium, headed by Chief Justice Dipak Misra marks a prominent milestone for his term. The Supreme Court Collegium said that the new rules will increase transparency without affecting the confidentially of the judicial process. The reasons for certain decision will also be uploaded on the court’s website.

The court has already started uploading information on its website and one of the first things to be posted is information about the appointment of three Judicial Officers and one Judicial Member of Income Tax Appellate Tribunal (ITAT) as Judge of the Madras High Court:

  1. Resolution Dated 03.10.2017 regarding transparency in Collegium System.
  2. Recommendation Dated 03.10.2017 regarding elevation of Judicial Officers in Kerala High Court.
  3. Recommendation Dated 03.10.2017 for elevation of Judicial Officers in Madras High Court (Part I).
  4. Recommendation Dated 03.10.2017 for elevation of Judicial Officers in Madras High Court (Part II).

The more important addition to this is that the new section – a new tab to the top left of the Supreme Court site, called “Collegium Resolutions” – will also provide the reason for such transfer, elevation etc. of judges, judicial officers and others. To begin with the initial postings have detailed reasons for the October 3 judicial appointments to the Madras and the Kerala high courts.

The Collegium has also detailed reasons for the transparency. The two-page entry reads as follows:

SUPREME COURT OF INDIA

Re: Transparency in Collegium system.

The Chief Justice of India proposed the following Agenda for consideration by the Collegium:

“DECISION ON UPLOADING OF COLLEGIUM’S RESOLUTIONS WITH REASONS, ON EACH CANDIDATE FOR ELEVATION AS JUDGE OF HIGH COURT, CHIEF JUSTICE OF HIGH COURT OR AS JUDGE OF SUPREME COURT OR TRANSFER ON THE SUPREME COURT’S OFFICIAL WEBSITE FOR ENSURING TRANSPARENCY OF COLLEGIUM SYSTEM”.

The Collegium has resolved:

THAT the decisions henceforth taken by the Collegium indicating the reasons shall be put on the website of the Supreme Court, when the recommendation(s) is/are sent to the Government of India, with regard to the cases relating to initial elevation to the High Court Bench, confirmation as permanent Judge(s) of the High Court, elevation to the post of Chief Justice of High Court, transfer of High Court Chief Justices / Judges and elevation to the Supreme Court, because on each occasion the material which is considered by the Collegium is different.

The Resolution is passed to ensure transparency and yet maintain confidentiality in the Collegium system.

(Signed)

( Dipak Misra ), CJI.

( J.Chelameswar ), J.

( Ranjan Gogoi ), J.

( Madan B. Lokur ), J.

( Kurian Joseph ), J.

New Delhi,

October 03, 2017

The issue of the transfers became a trifle ugly with the Justice Patel issue. While the judge himself has kept his opinion to himself, there have been many within the judicial profession who have lambasted the judiciary for virtually sidelining the judge who had shown tremendous spine in ordering a CBI enquiry into the Ishrat Jahan fake encounter case during the Godhra riots of 2002. It has been alleged that the executive may have had finally gotten total control of the judiciary and is now calling the shots about judicial postings and transfers.

The reaction to this transfer (of Justice Patel) from the Supreme Court so far has been a trite comment, saying:

“Decision taken to transfer Justice Jayant Patel was a conscious and unanimous decision taken after adequate deliberation keeping in view the input on record.”

Recently even Justice J Chelameswar, who is part of the Collegium – he is also the senior-most judge of the Supreme Court – had criticized the secret nature of the functioning of the Collegium. He had even refused to participate in the Collegium meetings until there was some record made of what transpired.[/vc_column_text][/vc_column][/vc_row]

India News

Satellite images reveal extensive construction of launch pads and bunkers near Chinese nuclear missile silos

Satellite images show that Beijing is constructing a vast web of over 80 launch pads, command bunkers, and electronic warfare facilities to protect its longest-range nuclear missiles in a remote desert complex.

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A vast military complex is rapidly taking shape in a remote Chinese desert, raising significant attention among security scholars. Freshly analyzed satellite images indicate that Beijing is building an expansive network of launch pads, bunkers, and communications nodes. This critical infrastructure is positioned near isolated nuclear silos that house the Chinese military’s longest-range missiles, which are already capable of reaching any city in the United States.

Media reports indicate that the scale of this newly discovered construction points to a sweeping expansion of hardened infrastructure. The entire network is specifically designed to protect and operate China’s land-based nuclear forces. This massive buildup signals a major upgrade in efforts to secure a resilient second-strike capability, highlighting the intensifying nuclear competition with Western powers amidst rising regional tensions.

Protecting second strike capabilities

According to assessments by security analysts, the imagery reveals more than 80 launch pads. These pads are intended for potential use by an expanding fleet of mobile missile launchers as well as air-defense batteries. Furthermore, the newly built facilities appear configured to serve command operations, satellite communications, and electronic warfare functions.

Security experts note that this infrastructure is being deployed on a grand scale, stretching across thousands of square kilometers of desert landscape beyond the primary silo fields. Depending on the exact operational capabilities of these sites, the development represents a highly considerable enhancement and diversification of the nation’s strategic nuclear deterrent.

The primary objective behind safeguarding these desert silos aligns with the stated goal of maintaining a credible nuclear deterrent. This military policy remains grounded in the absolute capacity to retaliate effectively if the nation is struck first.

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DK Shivakumar expected to take oath as Karnataka chief minister on June 3

Senior leader DK Shivakumar is set to take office as the new chief minister of Karnataka on June 3, following top-level leadership transitions within the state government.

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Senior Congress leader DK Shivakumar is highly likely to take the oath of office as the next chief minister of Karnataka on June 3, according to government sources. The upcoming ceremony marks a major leadership transition in the southern state following recent political developments.

Transition of power

The development follows days of high-level consultations within the party’s central leadership to ensure a smooth transition of power in the state assembly. Media reports indicate that preparations for the oath-taking ceremony have begun, with the event expected to see attendance from top political leaders, party workers, and ministers.

State government officials and party insiders have indicated that the formal schedule and cabinet composition are being finalized ahead of the scheduled date. Further official announcements regarding the swearing-in ceremony are expected to be released soon by the state administration.

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Maharashtra MLC Polls: MVA finalizes 15 seats, tussle remains over two key constituencies

The Maha Vikas Aghadi has ironed out differences across 15 Maharashtra Legislative Council seats, leaving Nashik and Nanded as the final points of contention between Congress and Shiv Sena (UBT).

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The Maha Vikas Aghadi (MVA) coalition, which includes Congress, Shiv Sena (Uddhav Balasaheb Thackeray), and the Nationalist Congress Party (Sharadchandra Pawar), has successfully reached a seat-sharing understanding for 15 out of 17 seats in the upcoming Maharashtra Legislative Council elections. While a major breakthrough has been achieved, the alliance is currently witnessing a stalemate over Nashik and Nanded, as multiple constituent partners assert their presence in these regions.

According to sources, the distribution plan was designed to prevent internal rifts by respecting the geographic and organizational strongholds of each party.

Congress secures maximum share of seats

Under the initial draft layout, Congress has come out as the largest stakeholder with seven seats in its quota. The party has been assigned constituencies across northern Maharashtra, western Maharashtra, and Vidarbha, where its ground-level network remains sturdy.

The locations likely allocated to Congress feature Solapur, Chandrapur, Yavatmal, Bhandara, Dharashiv, Amravati, and Ahilyanagar. To gear up for the electoral challenge, state party president Harshvardhan Sapkal has already designated senior leaders to observe and coordinate at the constituency level.

Five seats assigned to Uddhav Thackeray faction

The Uddhav Thackeray-led Shiv Sena (UBT) has been allotted five seats under the proposed arrangement, focusing its reach on the Konkan region and Marathwada. The seats projected for the party encompass Chhatrapati Sambhajinagar, Jalgaon, Hingoli, Raigad, and Parbhani.

Concurrently, the Sharad Pawar-led NCP faction is expected to field its candidates from three constituencies: Thane, Pune, and the joint Satara-Sangli seat. Even though Thane has been known as a core stronghold of the traditional Shiv Sena, evolving dynamics inside state politics led to this assignment during discussions.

Stalemate over two key constituencies

Despite finding common ground on most locations, Nashik and Nanded continue to be sources of disagreement. Media reports show that both Congress and Shiv Sena (UBT) want the Nashik seat, pointing to their local machinery. On the other hand, Nanded has traditionally stayed a bastion for Congress, but shifting political landscapes have led to claims from alliance partners too.

Leaders from the opposition have stressed that their core objective is to challenge the ruling Mahayuti coalition and prevent votes from splitting through friendly contests. Senior members are expected to hold more rounds of talks over the coming days to untangle the deadlock.

Ruling alliance formula takes shape

Sources close to the matter suggest that the ruling Mahayuti coalition has also neared completion of its election blueprint. Under their anticipated plan, the Ajit Pawar-led NCP faction might contest Pune and Raigad, whereas the Eknath Shinde-led Shiv Sena is tipped to take over Nashik, Thane, Parbhani, and Yavatmal. The remaining council seats are expected to be contested by the BJP.

Political experts are keeping a sharp watch on prospective inner rebellion inside the ruling camp, especially in regions like Nashik and Chhatrapati Sambhajinagar, where disgruntled figures might look to explore options alongside independent candidates.

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