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MP, 6 other States, reject Centre’s proposal for centralized appointment of lower judiciary

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MP, 6 other States, reject Centre’s proposal for centralized appointment of lower judiciary

[vc_row][vc_column][vc_column_text]Law ministry had proposed that Centre be given powers to appoint members of lower judiciary, district judges and their like, affidavit filed in Supreme Court

~By Chandrani Banerjee

In April this year, the Law Ministry prepared a proposal that would have given the power to appoint members of the lower judiciary, district judges and their like, to the Centre and not the higher courts or the state Governor as is the case now under Article 233 of the Constitution.

Governments of seven States, including the Shivraj Singh Chouhan-led, BJP-ruled Madhya Pradesh, have reportedly filed an affidavit in the Supreme Court opposing the Law Ministry’s proposal.

Speaking to APN’s sister-concern India Legal, Trinamool Congress MP and a member of Parliament’s consultative committee on Law and Justice Kalyan Banerjee said, “West Bengal government has filed an affidavit saying that this is re-writing Article 233 of the Constitution of India. The right to appoint district judges is reserved with the respective high courts and the Governor. There is no reason to change it”.

Further he added, “The consultative committee met on March 30th 2017 and the Union Ministry has sent a letter on April 24th, 2017. Why was the letter sent after the meeting?  And why no meeting of the consultative committee since March 30th has taken place? This is all questionable and the answers are nowhere”.

Another state that reacted sharply is Tamil Nadu.

DMK working president and Leader of Opposition in the Tamil Nadu Assembly, MK Stalin opposed in the state assembly the proposal mooted by the Centre for an entrance examination on the lines of NEET to recruit judges for the lower judiciary in July this year.

Stating that the Centre’s proposal went against principles of federalism, Stalin told India legal, “Appointing district judges in the states through all India judiciary exam amounts to usurping the state’s rights and totally is against the principle of federalism enshrined in our Constitution. This move is highly condemnable and cannot be accepted in healthy and constitutionally mandated Centre-State relations.”

Stalin added that even some BJP -ruled states have opposed this proposal. “The BJP should realise that people have given majority to govern and to protect the federal setup but not to make the states unconstitutionally subservient,” he said.

The proposal was forwarded to the Supreme Court by the then Secretary in-charge of justice in the Union law ministry, Snehlata Srivastava, suggesting recruitment of district level judges on the basis of an all-India examination (India Legal has a copy of the letter).

Opposition leaders point out that the consultative committee dealing with the law ministry last met on March 30th 2017. The proposal was forwarded by the Supreme Court to the states on April 24th. There has been no meeting of the consultative committee since March 30th. This itself raises serious questions about the subversion of India’s federal structure and the seriousness, or lack of it, in the way that consultative committees are treated by parliamentarians.[/vc_column_text][/vc_column][/vc_row]

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Atishi sworn in as Delhi Chief Minister

The Kalkaji MLA’s name was proposed by Kejriwal, who tendered his resignation as Chief Minister, for the top post.

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Aam Aadmi Party leader Atishi took oath as Chief Minister of Delhi at Raj Niwas on Saturday. With this, she became the 17th woman to hold the top office in independent India and the third youngest after Sushma Swaraj and Sheila Dikshit in the national capital.

The Council of Ministers including Saurabh Bharadwaj, Gopal Rai, Imran Hussain, Kailash Gahlot, and new Sultanpur Majra MLA Mukesh Ahlawat also took oath into the Delhi Cabinet along with Atishi.

The senior AAP leader, who will have a brief tenure in office as Assembly elections in the national capital are due in February, has become the second woman sitting Chief Minister alongside West Bengal’s Mamata Banerjee.

The 43-year-old has been a key face of the party and managed AAP’s operations during Arvind Kejriwal’s time in Tihar jail in connection with the excise policy case.

The Kalkaji MLA’s name was proposed by Kejriwal, who tendered his resignation as Chief Minister, for the top post.

A first-time legislator, Atishi, name was selected unanimously following a meeting of the party MLAs in the presence of top leaders including AAP convener Arvind Kejriwal.

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EY employee death: Rahul Gandhi speaks to Anna’s family, says he will personally fight for their cause

Gandhi assured them that he will fight for this cause in his personal capacity as the Leader of the Opposition.

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Leader of Opposition in the Lok Sabha Rahul Gandhi on Saturday spoke with the parents of Anna Sebastian Perayil, who died due to alleged extreme work pressure at Ernst & Young, and assured them that he will fight for the cause of improving working conditions for the millions of professionals in India.

Gandhi assured them that he will fight for this cause in his personal capacity as the Leader of the Opposition.

Gandhi spoke with the parents of Anna Sebastian via a video call arranged by the Chairman of All India Professionals’ Congress (AIPC) Praveen Chakravarty who visited their home in Kochi.

He offered his sympathies at Anna’s sudden and tragic demise and lauded the family’s courage and selflessness to speak up at this extremely difficult moment about this issue in the larger interest of improving working conditions for the millions of professionals in India, a statement issued by the AIPC said.

Gandhi also instructed the AIPC Chairman to create an awareness movement in Anna’s memory for all working professionals in India.

“Following Gandhi’s instructions, AIPC will announce a helpline soon to collect information from corporate professionals about issues related to work stress and toxic work culture. Post which, AIPC will seek to come up with draft guidelines for better working conditions for professionals in the corporate sector,” the statement said.

In a post on X last night, senior Congress leader and former AIPC Chairman Shashi Tharoor said he had a deeply emotional and heartrending conversation with Sibi Joseph, the father of Anna Sebastian who passed away after a cardiac arrest following four months of deeply stressful seven-day weeks of 14 hours a day at Ernst & Young.

“He suggested, and I agreed, that I raise the issue of legislating, through Parliament, a fixed calendar for all workplaces, whether in the private sector or the public, that would not exceed eight hours a day, five days a week. Inhumanity at the workplace must be legislated out of existence with stringent punishment and fines for offenders. Human rights do not stop at the workplace!” Tharoor said.

 “Will raise this matter at the first opportunity during the next session of Parliament,” Tharoor said.

Perayil was a 26-year-old chartered accountant (CA) who died allegedly due to extreme work pressure at the firm.

EY on Wednesday had issued a statement stating, “We are deeply saddened by Anna Sebastian’s tragic and untimely passing in July 2024.”

Since the death, EY has been in touch with the family, helping them but it is only now that her family has chosen to write to the company, complaining about the “excessive workload”, it had said.

EY has said it will continue to improve and provide a healthy workplace in its offices throughout the country.

The Ministry of Labour & Employment is investigating an alleged “unsafe and exploitative work environment”, days after the tragic demise of Anna Sebastian Perayil who worked with S R Batliboi, a member firm of EY Global, news agency PTI reported.

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Congress chief Kharge says party to launch agitation against BJP, RSS over derogatory remarks against Rahul Gandhi

“BJP, RSS leaders, including MLAs and MPs, talk about chopping off the tongues of our leaders. Rahul Gandhi is under attack for speaking the truth and an atmosphere of hate is created against him like (it was done against his grandmother) Indira Gandhi,” Kharge said.

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Asserting that they would not be cowed down by the RSS-BJP’s “poisonous mindset”, Congress chief Mallikarjun Kharge on Saturday said his party would launch an agitation against threats to Rahul Gandhi.

Kharge also questioned Prime Minister Narendra Modi’s failure to take action against leaders of his party who used derogatory remarks against the Leader of Opposition in Lok Sabha.

Addressing a press conference in Jammu, Kharge said BJP leaders make provocative and objectionable statements against Rahul Gandhi but why doesn’t Narendra Modi take action against them, because he himself is afraid?

“These people had stayed at home out of fear even at the time of independence. But the people of Congress were not afraid. They fought for independence, made sacrifices and got freedom for the country. Even today Congress is not going to be afraid,” Kharge charged.

“BJP, RSS leaders, including MLAs and MPs, talk about chopping off the tongues of our leaders. Rahul Gandhi is under attack for speaking the truth and an atmosphere of hate is created against him like (it was done against his grandmother) Indira Gandhi,” Kharge said.

“Such provocative speeches by the BJP and the RSS are ignored by the Prime Minister, who has failed to rein in these leaders and take action against them because he is frightened of them,” he said.

Kharge, who reached Jammu to campaign for Congress candidates in the assembly elections, said Gandhi was being dubbed a “terrorist” and “anti-national” and added that the Prime Minister was encouraging such things and provoking people by not taking action.

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