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Judiciary and Executive spar in open court over judges’ appointments

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Judiciary and Executive spar in open court over judges' appointments

A case relating to judges’ vacancies in high courts of states of Manipur, Meghalaya and Tripura on Friday, May 4, witnessed an open clash between the judiciary and the executive in a manifestation of the tension that has built up between the two branches of the State over appointment of judges.

The Supreme Court bench of Justices Madan B Lokur and Deepak Gupta, hearing a transfer plea of a litigant from Manipur, pulled up the Centre for not clearing the names recommended by the Supreme Court Collegium for appointment as judges, causing undue harassment to litigants. Terming it “an unfortunate situation”, the SC had issued notice to the Centre on April 17.

On Friday the Attorney General KK Venugopal assured the court that appointments to high courts in the northeast would be made soon, but said that will not resolve the problem of vacancies in all high courts. “Collegium has to look at the future. Recommendations need to be made keeping in mind vacancies that will arise six months later,” Venugopal said, pointing out that though some High Courts had 40 per cent vacancy, only a few names were being recommended for appointments. “Collegium doesn’t send us the names and the government is told it is being tardy in processing,” he said.

“Why is the Collegium recommending fewer names when there are so many vacancies in high courts?” asked Venugopal.

The bench told Venugopal that this did not give the government the liberty to sit over names sent long back.

The two-judge bench asked the AG: “Tell us, how many names (recommended by the Collegium) are pending with you.”

The AG replied: “I will have to find out”.

The bench shot back: “This is the problem with you (the government). When it comes to attacking (the) judiciary, you have the data. But when it comes to the government then you say you don’t have the figures.”

The petitioner wanted the Supreme Court’s permission to challenge an order of a single judge of the Manipur High Court before the Gauhati High Court. He claimed he could not file an appeal in the Manipur High Court since it had only two judges, one of whom had given the order. The Supreme Court had sought the Attorney General’s assistance in the matter.

Venugopal said that on April 19, the Collegium recommended a name for appointment as Chief Justice of the Manipur High Court. He said he had spoken to the authorities and they had promised that the appointment would be notified “shortly”.

“Your shortly… can be several months. What are you doing?” the bench asked the AG.

Venugopal replied the government was serious about the appointment and that the same would be done in 10 days, said a report in The Hindustan Times (HT).

The bench said the situation in the North-East was ‘critical’. “In Meghalaya, there is only one judge against four. Even Tripura has just two against four. Recommendation was also made for Meghalaya. What happened to that?… People of North-East are suffering… What are they supposed to do? Should they come here to get their cases transferred to other High Courts and spend money to hire lawyers there?” the bench said.

The Attorney General remarked, in a lighter vein, that the National Judicial Appointments Commission — the NJAC Act was invalidated by the Supreme Court in 2015 — may have been more suitable for dealing with the appointment of judges.

Justice Lokur said the bench was only concerned with appointments to High Courts in the North-East and asked the Attorney General to file an affidavit explaining the position in the next 10 days.

Justice MB Lokur is one of the senior-most judges of the Supreme Court and a member of the collegium that nominates judges to the apex court. This was the first time a member of the collegium has spoken out over the stand-off between the collegium and the government on the appointment of judges, said the HT report.

Last week, while the Centre cleared the appointment of Indu Malhotra as a judge of the Supreme Court, it asked the Collegium to reconsider the recommendation that Justice KM Joseph from the Uttarakhand high court be elevated to the top court. The Collegium had recommended names of both judges together, in the first week of January.

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Supreme Court flags risk of lawlessness, pauses FIRs against ED officers in Bengal case

The Supreme Court paused FIRs against ED officers in the Bengal I-PAC raid case, warning that obstruction of central probes could lead to lawlessness and seeking responses from the Centre and state.

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The Supreme Court on Wednesday delivered a sharp rebuke to the Mamata Banerjee-led West Bengal government, pausing FIRs lodged against officers of the Enforcement Directorate over searches linked to political consultancy I-PAC. The court said the case raises serious questions about interference in investigations and warned that failure to address them could lead to “lawlessness”.

A bench of Justice Prashant Mishra and Justice Vipul Pancholi sought replies from the Ministry of Home Affairs, the Department of Personnel and Training, Chief Minister Mamata Banerjee and the Trinamool Congress government on the ED’s plea. The central agency has also sought the suspension of Bengal Director General of Police Rajeev Kumar and Kolkata Police Commissioner Manoj Kumar Verma, and a probe by the CBI. The matter will be heard next on February 3.

The ruling follows a standoff between the ED and the Bengal government after the agency conducted searches at premises linked to I-PAC, which manages election campaigns for the Trinamool Congress, in connection with a corruption case.

Court questions obstruction of central probes

Recording its prima facie view, the Supreme Court said the petition raised a “serious issue” concerning investigations by central agencies and possible obstruction by state authorities.

“There are larger questions which emerge and if not answered shall lead to lawlessness. If central agencies are working bona fide to probe a serious offence, a question arises: Can they be obstructed by party activities?” the bench observed.

Earlier in the day, the court also expressed disturbance over scenes of chaos in the Calcutta High Court during a hearing related to the same dispute.

ED alleges interference, seeks action against top cops

The Enforcement Directorate accused the West Bengal administration of interfering with its searches and investigation. Appearing for the agency, Solicitor General Tushar Mehta alleged that evidence was removed from the residence of an I-PAC co-founder and argued that such actions could encourage state police officers to aid and abet obstruction. He sought suspension of senior police officials.

Describing the disruption in the Calcutta High Court on January 9, Mehta called it “mobocracy”, saying a group of lawyers unconnected to the case disrupted proceedings, forcing an adjournment. The bench asked whether the high court had been turned into a protest site, to which Mehta responded that messages had circulated calling lawyers to gather at a specific time.

Banerjee’s counsel defends move, cites election confidentiality

Senior advocate Kapil Sibal, appearing for Mamata Banerjee, questioned the timing of the ED’s presence in Bengal ahead of Assembly elections. He said the last development in the coal scam case dated back to February 2024 and argued that I-PAC handled election-related work under a formal contract with the Trinamool Congress.

According to Sibal, election data stored at the premises was confidential and critical to campaign strategy. He said the party leadership had a right to protect such information.

Representing the Bengal government and the DGP, senior advocate Abhishek Singhvi referred to the January 9 disruption but argued it could not justify parallel proceedings in different courts. The bench responded that emotions “cannot go out of hand repeatedly”.

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Shashi Tharoor warns US tariffs on Iran could make Indian exports unviable

Shashi Tharoor has warned that cumulative US tariffs linked to Iran trade could rise to 75%, making most Indian exports to America commercially unviable.

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Shashi Tharoor

Congress MP and chairman of the Standing Committee on Foreign Affairs Shashi Tharoor has expressed serious concern over the United States’ latest tariff announcement targeting countries that continue to trade with Iran, warning that such measures could severely impact Indian exporters.

Reacting to the decision by US President Donald Trump to impose a 25% tariff on countries doing business with Iran, Tharoor said Indian companies would struggle to remain competitive if cumulative tariffs rise to 75%. He noted that India was already at a disadvantage compared to several regional competitors.

Tharoor said he had been troubled by the US tariff regime from the outset, pointing out that India was initially subjected to a 25% tariff while rival exporting nations in Southeast Asia were charged significantly lower rates. According to him, countries such as Vietnam, Thailand, Indonesia, Pakistan and Bangladesh faced tariffs ranging between 15% and 19% on labour-intensive goods exported to the US.

He explained that the situation had worsened with additional sanctions-linked duties. With the existing 25% tariff, another 25% related to Russia-linked sanctions, and a further 25% tied to Iran-related measures, the total burden could rise to 75%. At that level, Tharoor said, most Indian exports would no longer be commercially viable in the American market.

While noting that certain sectors such as pharmaceuticals may continue to export as they are not heavily impacted by sanctions, he warned that other key export categories would be hit hard. Tharoor described the situation as very serious and said it required urgent attention.

The Congress MP also expressed hope that the newly appointed US Ambassador could help facilitate progress on a bilateral trade agreement. He stressed that India could not afford to wait through the entire year for a deal and said an agreement should ideally be concluded in the first quarter of 2026.

Commenting on recent diplomatic engagements between India and the US, Tharoor underlined the need for faster consensus on trade issues. He said that at tariff levels as high as 75%, the idea of a meaningful trade deal loses relevance. According to him, a rate closer to what the UK enjoys with the US, around 15%, would reflect the respect due to a strategic partner.

Tharoor’s remarks come after President Trump announced that any country continuing business with Iran would face a 25% tariff on all trade with the United States, a move that has raised concerns among several trading partners.

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Indian Army symbolizes selfless service and duty, says PM Modi on Army Day

PM Narendra Modi on Army Day praised the Indian Army as a symbol of selfless service and unwavering duty, saluting the courage and sacrifice of its soldiers.

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On the occasion of Army Day, Prime Minister Narendra Modi on Thursday paid tribute to the Indian Army, describing its soldiers as a symbol of selfless service who protect the nation with unwavering resolve, even in the most challenging circumstances.

In a message shared on social media platform X, the prime minister said the country salutes the courage and steadfast commitment of Indian Army personnel. He noted that their dedication to duty inspires confidence and gratitude among citizens across the country.

“Our soldiers stand as a symbol of selfless service, safeguarding the nation with steadfast resolve, at times under the most challenging conditions,” PM Modi said. He added that the nation remembers with deep respect those who have laid down their lives while serving the country.

Army Day is observed every year on January 15 to commemorate a historic moment in India’s military history. The day marks the appointment of Field Marshal K M Cariappa as the first Indian Commander-in-Chief of the Indian Army in 1949, when he took over from British officer General Sir F R R Bucher.

The occasion serves as a reminder of the Indian Army’s role in defending the country’s sovereignty and honour, as well as the sacrifices made by its personnel in the line of duty.

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