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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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Finance Minister Nirmala Sitharaman moves Banking Laws Amendment Bill, says will strengthen governance

The proposed amendments seek to increase the tenure of directors other than the chairperson and full-time directors in cooperative banks from eight years to ten years.

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Finance Minister Nirmala Sitharaman moves Banking Laws Amendment Bill, says will strengthen governance

Union Finance Minister Nirmala Sitharaman today said that the Banking Laws (Amendment) Bill will strengthen governance in the Indian banking sector besides enhancing consumer’s and customer’s convenience with respect to nominations and protection of investors.

The Finance Minister moved the Banking Laws (Amendment) Bill, 2024, for consideration and passing in Lok Sabha. The aforesaid bill seeks to improve governance standards and provide consistency in reporting by banks to the Reserve Bank of India. Furthermore, the amendments will also ensure better protection for depositors and investors and will also improve the quality of services in the public sector banks.

After the bill is passed, the Banking Regulation Act will allow up to four nominees for depositors. This will include provisions for simultaneous and successive nominations, offering greater flexibility and convenience for depositors and their legal heirs, especially concerning deposits, articles, safe custody and safety lockers.

Reports stated that the proposed amendments seek to increase the tenure of directors other than the chairperson and full-time directors in cooperative banks from eight years to ten years. Altogether 19 amendments are proposed in the Banking Laws Amendment Bill 2024. In order to ensure consistency in reporting by banks, the bill provides for reporting to RBI on the last day of every fortnight instead of Fridays.

Under the aegis RBI Act, scheduled banks must maintain a certain level of average daily balance with the RBI as cash reserves. This average daily balance is based on the average of the balances held by banks at the closing of business of each day of a fortnight.

Notably, a fortnight is defined as the period from Saturday to the second following Friday (including both days). The said Bill changes the definition of a fortnight to the period from the first day to the fifteenth day of each month or the sixteenth day to the last day of each month. Additionally, the bill also changes this definition under the Banking Regulation Act where non-scheduled banks are required to maintain cash reserves.

The bill further redefines substantial interest in a company, currently it refers to holding shares of over Rs 5 lakh rupees or 10 per cent of the paid up capital whichever is less, this has been proposed to be hiked to Rs 2 crore. The Centre is also empowered to alter the amount through a notification.

The proposed bill also allows a director of a central cooperative bank to serve on the board of a state cooperative bank. At present, directors can hold positions in only one institution and not more.

The structure of the cooperative bank necessitates this as unless a person is elected to one layer of the cooperative, they can’t get into the next layer and as a result, they will necessarily have to hold a position at more than one place.

The said bill also provides that any person whose shares or unclaimed/unpaid money is transferred to the Investor Education and Protection Fund (IEPF), he can claim the transfer or refund. At present, if money in any account remains unpaid or unclaimed for seven years, it is transferred to the IEPF.

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India-China ties on course for some improvement, says External Affairs Minister S Jaishankar

The External Affairs Minister also reiterated that India remains committed to engaging with China to arrive at a fair, mutually acceptable framework for boundary settlement.

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India-China ties on course for some improvement, says External Affairs Minister S Jaishankar

S Jaishankar, External Affairs Minister on Tuesday stated that bilateral relations between India and China were on the course of some improvement after the Successful disengagement agreement along the Line of Actual Control (LAC) in eastern Ladakh.

Speaking in the Lok Sabha on India-China ties and the border truce reached in October, S Jaishankar said that India-China ties have been abnormal since 2020 when peace and tranquillity in the border areas were disturbed as a result of Chinese actions. He added that the recent developments that reflect our continuous diplomatic engagement since then have set our ties in the direction of some improvement.

The External Affairs Minister also reiterated that India remains committed to engaging with China to arrive at a fair, mutually acceptable framework for boundary settlement. His remarks come nearly two months after India and China announced the major border breakthrough to resume patrolling along the LAC, effectively ending the longstanding standoff that erupted after the 2020 Galwan Valley clash.

Jaishankar in his address also said that in the months following the 2020 Galwan Valley clash, they were focusing on a situation that had not only seen fatalities for the first time in 45 years but also a turn of events serious enough for heavy weaponry to be deployed in close proximity to the LAC.

He mentioned that while a determined counter-deployment of adequate capability was the government’s immediate response, there was also the imperative of a diplomatic effort to defuse these heightened tensions and restore peace and tranquillity.

The External Affair Minister went on to list a series of agreements reached in the past between India and China, including those signed in 1991, 1993, 1996, 2003, 2005, 2012 and the last one in 2013 to reach an understanding on border defence cooperation.

He added that the purpose of his recalling these agreements is to emphasize the elaborate nature of our shared efforts to ensure peace and tranquillity and to highlight the seriousness of what its unprecedented disruption in 2020 implied for our overall relationship.

Notably, the current agreement pertains to patrolling in the Depsang and Demchok areas. Previously, the militaries of the two countries had pulled back from four of six friction points in eastern Ladakh, including the Galwan Valley, after the clash.

The Indian and Chinese armies in November completed one round of patrolling in Demchok and Depsang and also agreed to carry out one coordinated patrol every week in the areas where tensions have persisted.

In order to maintain ongoing stability, talks will continue at the local commanders level, involving brigadiers and officers of similar ranks. Earlier on October 31, Indian and Chinese troops engaged in the Customary exchange of sweets on the occasion of Diwali.

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Cyclone Fengal: PM Modi speaks to CM MK Stalin, assures support to Tamil Nadu

The Chief Minister also reiterated his request for financial assistance and urged the central government to send a team for a detailed damage assessment.

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Cyclone Fengal: PM Modi speaks to CM MK Stalin, assures support to Tamil Nadu

In the wake of Cyclone Fengal and severe flooding caused by heavy rains in Tamil Nadu, Prime Minister Narendra Modi spoke with Chief Minister ML Stalin offering assurance and full support to the state amid the crisis.

In a telephonic conversation, Narendra Modi enquired about the extent of the damage in Tamil Nadu, especially in Villupuram, where unprecedented flooding has caused massive disruption. MK Stalin informed him that the state government was handling the disaster effectively, providing relief to those affected. 

The Chief Minister also reiterated his request for financial assistance and urged the central government to send a team for a detailed damage assessment.

Earlier in a post on X, Chief Minister MK Stalin wrote that he urged Prime Minister Modi to provide relief to the people of Tamil Nadu due to this storm and to send a Union committee to carry out a detailed assessment of the storm damage.

MK Stalin on Monday had sent a memorandum to the Prime Minister, seeking Rs 2,000 crore from the National Disaster Response Fund (NDRF) to support restoration and rehabilitation efforts. Furthermore, he also highlighted the overwhelming scale of the disaster, which had surpassed the state’s resources. 

The Chief Minister requested the central government’s intervention to address the immediate and long-term impacts on infrastructure, agriculture, and livelihoods. He said that the state requires Rs 2,475 crore for temporary restoration efforts. 

Reportedly, the cyclone’s impact was particularly severe in Villupuram, where roads, bridges, and residential areas were submerged under floodwaters, cutting off villages and damaging crops. In Tiruvannamalai, five people lost their lives when a boulder fell on their house due to a mudslide triggered by the heavy rains on December 1.

During the call, PM Modi reassured CM Stalin that the government would take immediate action to address the crisis and assist the state in its recovery efforts.

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