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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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Devendra Fadnavis takes oath as Maharashtra CM, Eknath Shinde, Ajit Pawar as Deputy CMs

BJP leader Sudhir Mungantiwar said that it is most likely that the council of ministers will be sworn in before the winter session of the assembly starts

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Devendra Fadnavis takes oath as Maharashtra CM, Eknath Shinde, Ajit Pawar as Deputy CMs

In a grand ceremony at Azad Maidan in Mumbai, Devendra Fadnavis took oath as the chief minister of Maharashtra on Thursday. Prime Minister Narendra Modi attended the ceremony, which also saw Ajit Pawar from the NCP and former CM Eknath Shinde from Shiv Sena taking oath as deputy chief ministers.

Maharashtra governor C P Radhakrishnan administered the oath. This is Devendra Fadnavis’s third term. He represents Nagpur as an MLA, and has assumed the role of Maharashtra chief minister. The event takes place two weeks after the state assembly elections held on November 20, with results announced on November 23.

Beside PM Modi, Union home minister Amit Shah, defence minister Rajnath Singh, Uttar Pradesh chief minister Yogi Adityanath, Bihar CM Nitish Kumar, BJP president J P Nadda were among the political heavyweights present during the event.

Also, the oath-taking ceremony was attended by prominent industrialists, including Mukesh Ambani and Kumar Mangalam Birla. Former cricketer Sachin Tendulkar and actors Salman Khan, Shah Rukh Khan, Ranbir Kapoor, and Ranveer Singh were also present at the event.

In the State Assembly Elections, the BJP emerged as the largest party with 132 seats in the 288-member House. Along with its allies, Shiv Sena and NCP, the BJP-led Mahayuti coalition has a majority of 230 seats.

On Wednesday, Devendra Fadnavis, Eknath Shinde, and Sharad Pawar met governor CP Radhakrishnan to formally stake their claim to form the government, submitting letters of support from the coalition. Subsequently, the governor invited Devendra Fadnavis to lead the new government.

Notably, the new government formation comes after two weeks of intense negotiations between parties within the Mahayuti alliance, which emphatically won the Maharashtra assembly elections.

Meanwhile, on being asked when other ministers would take oath, BJP leader Sudhir Mungantiwar said that it is most likely that the council of ministers will be sworn in before the winter session of the assembly starts, so as to avoid administrative disruption.

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Uttar Pradesh CM Yogi Adityanath draws parallel between Ayodhya, Sambhal and Bangladesh violence, says same DNA

He mentioned that divisive elements are there already, tearing apart the social fabric and breaking social unity.

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Uttar Pradesh CM Yogi Adityanath draws parallel between Ayodhya, Sambhal and Bangladesh violence, says same DNA

Chief Minister of Uttar Pradesh Yogi Adityanath today said that what is happening in Bangladesh now is the same as what Mughal ruler Babur’s army did in Ayodhya and Sambhal. While speaking at the inauguration ceremony of the 43rd Ramayan Mela in Ayodhya, the Chief Minister said that Lord Ram united the whole society.

He said that if they had given importance to unity and not let the strategy of the nation’s enemies succeed in creating social animosity, this country would have never become a slave. He continued that the pilgrimages would not have become impure, adding that a handful of invaders would not have dared to invade the country and would be crushed by India’s brave soldiers.

Yogi Adityanath further said that those who created difficulties within the society managed to succeed, adding that their genes remain the same to this day. Apparently taking a jibe at the opposition, he said that those who indulge in caste-based politics to shatter the social fabric are still active.

He added that 500 years ago, a general of Babur committed certain deeds in Ayodhya, similar acts taking place in Sambhal, and what is happening today in Bangladesh. The nature and DNA of all three are the same, he continued.

He mentioned that divisive elements are there already, tearing apart the social fabric and breaking social unity. He added that many such divisive forces have bought properties across the world. He said that when a crisis happens in India, those forces flee to their places in other countries and leave behind the citizens here to suffer and die.

Nonetheless, CM Yogi’s remark is drawing ire from the opposition. Congress MP Tariq Anwar told the media that a chief minister cannot speak such language. He said that it is shocking to see such a senior leader of BJP and CM of Uttar Pradesh speaking such language to divide the society.

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Delhi Assembly Speaker Ram Niwas Goel retires from active politics

Ram Niwas Goel has been serving as Speaker of the Delhi legislative assembly since 2015.

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Delhi Assembly Speaker Ram Niwas Goel retires from active politics

Delhi Assembly Speaker Ram Niwas Goel today wrote to Aam Aadmi Party (AAP) national convenor Arvind Kejriwal about his decision to retire from electoral politics, citing his advancing age. In his letter, Ram Niwas Goel expressed gratitude for the respect shown by all party legislators.

AAP supremo and former Delhi Chief Minister Arvind Kejriwal responded to the letter, and said that Ram Niwas Goel’s decision to leave electoral politics is an emotional moment. Taking to X, the AAP supremo wrote that Ram Niwas Goel’s guidance has shown us the right direction inside and outside the House for years. 

He continued that due to increasing age and health, Goel had recently expressed his desire to leave electoral politics just a few days ago. Mentioning that they respect his decision, Arvind Kejriwal wrote that Ram Niwas Goel was, is and will always be the guardian of our family. The party will always need his experience and services in the future too, he added.

Ram Niwas Goel has been serving as Speaker of the Delhi legislative assembly since 2015. He also represents the Shahdara Assembly seat of Delhi as an MLA. He defeated Jitender Singh Shunty of Bhartiya Janata Party (BJP) by a margin of 11,731 votes in the 2015 Delhi Assembly elections. In 1993, he made electoral debut and contested the elections as a BJP candidate, winning the poll.

Notably on Wednesday, the Seventh Delhi Legislative Assembly concluded its five-year term, holding its 74th and final sitting before the upcoming elections slated for February 2025. Addressing the house, Speaker Ram Niwas Goel called the occasion emotional and historic.

During the tenure, the assembly addressed 1,095 questions during the Question Hour, tabled 19 committee reports, and passed 26 Bills.

Speaking to the media, he said that as Speaker, he has fulfilled his duties impartially, giving equal importance to both the ruling party and the opposition. Despite being a Union Territory Assembly with limited powers, remarkable work has been accomplished, he continued. 

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