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

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Supreme Court

[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

Delhi Congress President Arvinder Singh Lovely resigns, says he feels handicapped under Deepak Babaria’s leadership

Arvinder Singh Lovely pointed out many instances when party leaders objected to the way Deepak Babaria, the Congress’s general secretary in-charge for Delhi, conducted the state of affairs. Lovely said that he was under great pressure to expel the leaders who objected to Babaria’s ways.

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Delhi Congress President Arvinder Singh Lovely on Sunday resigned from his post, citing interference by the party’s general secretary in-charge and alliance with the Aam Aadmi Party in Delhi as major friction points. In his resignation letter to Congress chief Mallikarjun Kharge, Lovely said he felt handicapped and unable to continue as the president of the Delhi Congress unit.

He pointed out many instances when party leaders objected to the way Deepak Babaria, the Congress’s general secretary in-charge for Delhi, conducted the state of affairs. Lovely said that he was under great pressure to expel the leaders who objected to Babaria’s ways. Arvinder Singh Lovely said the Congress’s alliance with the AAP in Delhi for the Lok Sabha elections, which he claimed was opposed by the  Delhi Congess unit.

 Lovely wrote in his letter to the Congress President that the state Congress Unit was against forming an alliance with the Aam Aadmi Party which was formed on the sole basis of levelling false, fabricated and malafide corruption charges against the Congress, and in turn, whose half of the cabinet ministers are in jail on corruption charges. He further called the alliance a compromise to improve chances of victory for the Congress.

Arvinder Singh Lovely said while he respected the Congress’s alliance decision with Aam Aadmi party but he was upset by Congress’s North East Delhi seat candidate Kanhaiya Kumar praising AAP chief Arvind Kejriwal. Lovely further said that according to the alliance, the Congress was allotted 3 Lok Sabha seats, of which 2 – North West and North East – constituencies were given to total strangers.

Udit Raj is a Congress-AAP joint candidate in North West Delhi, whereas Kanhaiya Kumar is contesting from the North East seat. Arvinder Singh Lovely said the announcement of Raj and Kumar as candidates had caused an uproar and protests by Delhi Congress leaders and workers within the party.

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2024 Lok Sabha Elections

Sunita Kejriwal holds maiden Lok Sabha election roadshow in Delhi

Sunita Kejriwal will also hold a road show in West Delhi Lok Sabha constituency on Sunday. AAP party leaders said Sunita Kejriwal will also spearhead the campaign for AAP candidates in South Delhi and New Delhi constituencies as well as in Haryana, Gujarat and Punjab.

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Aam Aadmi Party began its campaign for 3rd phase of Lok Sabha elections 2024 on Saturday with Sunita Kejriwal, wife of jailed Delhi Chief Minister Arvind Kejriwal holding a roadshow in Delhi. In a massive rally, Sunita Kejriwal was be seen standing on a vehicle holding her hands and greeting the people of the area. AAP’s East Delhi candidate Kuldeep Kumar was seen sitting on the vehicle as he showcased a portrait of Rani Laxmibai.

Earlier ahead of Sunita Kejrieal’s roadshow, Kuldeep Kumar told the media that Delhi Chief Minister Arvind Kejriwal who worked to provide the best school, and free- electricity to the people of Delhi has been framed in a fake case by BJP. Kumar further added that from today onwards Sunita Kejriwal’s roadshow will start and she is going to seek support and blessings from the Delhi people to continue its fight against the BJP government.

Aam Aadmi Party workers also staged a protest under the banner of Jail ka jawab vote se near Delhi’s Lakshmi Nagar area on Saturday against the arrest of Delhi CM Arvind Kejriwal in connection with an excise policy case.

After the Delhi CM’s arrest by the Enforcement Directorate (ED) in the liquor policy case in March, Sunita Kejriwal has taken up a more prominent role in campaigning activities for the Aam Aadmi Party. Since the Delhi CM’s arrest, Atishi and other AAP leaders have alleged that the arrest was made so that to the AAP Supremo can be prevented from campaigning for the Lok Sabha elections. Arvind Kejriwal has been sent to judicial custody until May 7.

Sunita Kejriwal will also hold a road show in West Delhi Lok Sabha constituency on Sunday. AAP party leaders said Sunita Kejriwal will also spearhead the campaign for AAP candidates in South Delhi and New Delhi constituencies as well as in Haryana, Gujarat and Punjab. She is emerging as a star campaigner for Aam Aadmi Party.

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2024 Lok Sabha Elections

Mallikarjun Kharge says candidates for Amethi, Rae Bareli seats in Uttar Pradesh will be announced in a few days

On being asked about the names of the candidates for Amethi and Rae Bareli Lok Sabha constituencies Mallikarjun Kharge said the people will have to wait for a few more days. He said when the names of candidates come from people to him and he will sign the notification, then the announcement will be made.

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Congress president Mallikarjun Kharge on Saturday said that the candidates for prestigious Amethi and Rae Bareli seats in Uttar Pradesh will be announced in a few days. He was addressing a press conference where he claimed that though the BJP says the corrupt must be put in jails, when leaders facing corruption charges join the saffron party, they are put on the lap and sent to Rajya Sabha or assembly.

On being asked about the names of the candidates for Amethi and Rae Bareli Lok Sabha constituencies he said the people will have to wait for a few more days. He said when the names of candidates come from people to him and he will sign the notification, then the announcement will be made.

On being questioned about Congress leaders changing constituencies Kharge asked how many times have Atal Bihari Vajpayee and Lal Krishna Advani changed their seats. His response came when asked about the BJP criticising Rahul Gandhi for fighting the elections from Kerala’s Wayanad instead of Amethi. Referring to Assam Chief Minister Himanta Biswa Sarma, Kharge said the Congress is not affected by people who grew up in the party and left it later.

The Congress president launched an all round attack on the BJP and PM Modi and said the prime minister did not implement even one of his electoral promises and still says Modi did a lot of work for the country. Addressing the press conference he said the BJP never fought for the independence of India, but Congress is a party of those who made India independent. He said the BJP never fought for the independence of India, for the development of India. The Congress President said the BJP speaks so much about patriotism and that the contribution of Pandit Jawahar Lal Nehru, Indira Gandhi and Lal Bahadur Shastri is nothing before them.

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