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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.

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Rahul Gandhi urges Karnataka CM Siddaramaiah to enact Rohith Vemula Act to end caste-based discrimination

“There was plenty of food with us… but we were to sleep without food; that was because we could get no water, and we could get no water because we were untouchables,” Gandhi quoted Ambedkar.

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In a significant move aimed at addressing caste-based discrimination within the education system, Rahul Gandhi, the Leader of the Opposition in Lok Sabha and senior Congress leader, has written to Karnataka Chief Minister Siddaramaiah advocating for the implementation of the ‘Rohith Vemula Act’. This proposed legislation aims to ensure that no student in Karnataka faces discrimination due to their caste.

In his letter dated April 16, Gandhi reflected on the struggles and indignities faced by Dr. B.R. Ambedkar, a key figure in India’s fight against caste discrimination. He recounted a powerful incident described by Ambedkar from his childhood, highlighting the harsh realities of being labelled an “untouchable” and the systemic barriers that prevented him from accessing basic necessities and an equal education.

“There was plenty of food with us… but we were to sleep without food; that was because we could get no water, and we could get no water because we were untouchables,” Gandhi quoted Ambedkar.

Gandhi emphasised that despite the progress made, millions of students from Dalit, Adivasi, and OBC communities continue to experience unjust discrimination within the educational framework. “It is a shame that even today, our educational system perpetuates such brutal discrimination,” he declared.

The Congress leader further expressed his grievances regarding the tragic losses of young lives due to caste-based discrimination, citing the suicides of students like Rohith Vemula, Payal Tadvi, and Darshan Solanki as evidence of the urgent need for legislative action. “Such horrific incidents cannot be tolerated at any cost. It is time to end this cycle of injustice,” he stated.

Gandhi shared his thoughts on the social media platform X, revealing insights from recent discussions he had with students and teachers from underprivileged backgrounds in Parliament, who recounted their ongoing experiences of discrimination in higher education. He reaffirmed Ambedkar’s belief that education is a vital tool for empowerment and breaking the caste system, a principle he feels remains unfulfilled.

Expressing the need for immediate action, Gandhi urged the Karnataka government to prioritise the enactment of the Rohith Vemula Act, ensuring that no child in India endures the discrimination and hardships experienced by Ambedkar, Vemula, and countless others.

Rohith Vemula, a Dalit student, tragically took his life in 2016 due to the pressures of caste-based discrimination, igniting a national conversation about the urgent need for reform within educational institutions to protect vulnerable student populations. The push for the ‘Rohith Vemula Act’ has gained momentum among Dalit and student groups seeking systemic changes to safeguard against discrimination in education.

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Opposition slams Vice President Jagdeep Dhankhar after he criticises Supreme Court’s order on President

TMC’s Kalyan Banerjee accused Dhankhar of repeatedly disrespecting the judiciary.

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Opposition leaders on Thursday fiercely criticised Vice President Jagdeep Dhankhar for his recent statements on the judiciary, accusing him of undermining its authority and veering close to contempt.

Leaders from the Congress, Trinamool Congress (TMC), Dravida Munnetra Kazhagam (DMK), and notable legal figures condemned Dhankhar’s remarks as disrespectful to constitutional principles.

Congress leader Randeep Singh Surjewala emphasised the supremacy of the Constitution, stating, “In our democracy, no office—whether President, Prime Minister, or Governor—stands above constitutional accountability.”

He praised the Supreme Court’s April 8 ruling, which set a three-month deadline for the President to act on bills reserved by governors, calling it a bold and necessary check on high offices.

TMC’s Kalyan Banerjee accused Dhankhar of repeatedly disrespecting the judiciary. “His comments on Supreme Court judges are unacceptable and nearly contemptuous. As a constitutional figure, he must respect other institutions,” Banerjee asserted.

DMK leader Tiruchi Siva labelled Dhankhar’s remarks as “unacceptable,” stressing that no one, regardless of their position, can delay legislative bills indefinitely. “The rule of law must prevail over institutional overreach,” Siva said.

Senior advocate and Rajya Sabha MP Kapil Sibal defended Article 142, which grants the Supreme Court authority to issue orders for “complete justice.” He questioned, “This power is enshrined in the Constitution to ensure justice. Who is obstructing the President’s authority?”

Dhankhar’s controversial remarks were made during an address to Rajya Sabha interns on April 17, where he called Article 142 a “constant threat to democratic forces” and challenged the judiciary’s right to impose deadlines on the President. He also questioned why judges require judicial approval for FIRs, noting that only the President and Governors enjoy constitutional immunity from prosecution.

The Bharatiya Janata Party (BJP) defended Dhankhar, accusing the opposition of hypocrisy. BJP spokesperson Shehzad Poonawalla retorted, “The opposition, which ignores parliamentary laws, mocks the Vice President, and shields rioters for votes, has no moral ground to lecture on constitutional propriety.”

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FASTag won’t be discontinued from May 1: Govt clears rumours on new tolling technology

While new technological approaches are under consideration, MoRTH clarified that the ongoing pilot tests featuring Automatic Number Plate Recognition (ANPR) systems at selected toll plazas are meant to enhance, not replace, FASTag functionalities.

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The Ministry of Road Transport and Highways (MoRTH) has dismissed rampant rumours regarding the discontinuation of the FASTag system effective May 1, 2025. In an official statement released on Friday, the ministry reiterated that it has no intention of phasing out FASTag or replacing it with a satellite-based tolling system in the immediate future.

Authorities cautioned the public against believing misleading reports and viral messages that suggest FASTag will be eliminated, emphasising that the system remains active and mandatory for toll payments across the nation.

While new technological approaches are under consideration, MoRTH clarified that the ongoing pilot tests featuring Automatic Number Plate Recognition (ANPR) systems at selected toll plazas are meant to enhance, not replace, FASTag functionalities.

Understanding the hybrid tolling model

The proposed hybrid model seeks to combine the existing Radio-Frequency Identification (RFID)-based FASTag with ANPR technology. This innovative approach aims to facilitate barrier-less toll collection; sophisticated high-resolution cameras will capture vehicle number plates and link them with FASTag accounts for a more efficient toll payment process.

The ministry is currently assessing the hybrid system’s potential to:

  • Decrease congestion at toll plazas
  • Accelerate vehicle flow
  • Provide motorists with a smoother, uninterrupted tolling experience

However, MoRTH has confirmed that the hybrid model is still in the pilot phase and no final decision regarding its nationwide implementation has been established.

Although FASTag will not be replaced, the ministry stressed the importance of compliance under the hybrid system. Vehicle owners who neglect toll payment procedures may receive electronic notices, face suspension of their FASTag accounts, or incur penalties as per the VAHAN vehicle registration database.

The Ministry of Road Transport and Highways strongly urged motorists to disregard false information regarding the discontinuation of FASTag. Official updates on any changes to the tolling system will be communicated through trusted channels. The public is encouraged to stay informed by visiting the official websites at www.nhai.gov.in and morth.nic.in.

Fact Check: Claim: A satellite-based tolling system will replace FASTag starting May 1, 2025. Fact: This claim has been labelled false, as MoRTH has confirmed that FASTag will remain in use beyond the specified date.

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