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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]

India News

Delhi-NCR GRAP 3 imposed as pollution worsens ahead of Diwali

GRAP Stage III has been imposed across Delhi-NCR with immediate effect as Delhi’s average AQI reached 382, putting the air quality in the “Very Poor” category ahead of Diwali.

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The Commission for Air Quality Management (CAQM) has imposed Stage III of the Graded Response Action Plan (GRAP) across Delhi-NCR with immediate effect as air quality deteriorated ahead of Diwali.

The decision was taken as a precautionary measure after Delhi’s average Air Quality Index (AQI) reached 382 on Friday, placing the national capital in the “Very Poor” category. 

GRAP 3 comes into effect across NCR

The CAQM’s Sub-Committee on GRAP decided to invoke Stage III across the entire National Capital Region.

GRAP is an emergency response framework under which pollution-control measures become progressively stricter as air quality deteriorates. The four stages correspond to different levels of air pollution, with “Poor” covering AQI levels of 201-300, “Very Poor” 301-400, “Severe” 401-450 and “Severe Plus” above 450.

The Stage III decision comes less than two days before Diwali, when authorities are particularly concerned about a further deterioration in air quality.

Pollution levels remain a concern

Delhi’s average AQI of 382 indicates that pollution levels have remained high across the capital. The move to GRAP Stage III is intended to prevent further deterioration in air quality across Delhi-NCR.

The latest decision follows earlier pollution-control measures implemented under the revised GRAP framework as air quality worsened in the region. 

What GRAP means for Delhi-NCR

The GRAP framework provides for increasingly stringent measures as pollution levels rise. Stage III brings stricter restrictions than the earlier stages, particularly in areas linked to dust and emissions.

The latest CAQM decision applies across Delhi-NCR with immediate effect. Details of the measures to be enforced under the newly invoked Stage III should be followed through official directions issued by the authorities.

The development comes amid heightened concern over air pollution in the national capital region ahead of Diwali.

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Why no govt official has been named in Mahadev betting app case?

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By Neeraj Mishra

A Rs 94,000-crore betting scam took place in the country and so far the only police official taking the heat is a measly ASI. The Chhattisgarh government, the CBI and the ED would all like us to believe that a betting racket backed by hawala operators spread right up to Dubai could be run on the shoulders of an Assistant Sub-Inspector of Durg district! And all this alleged money was made within three years of operations making it the most profitable venture ever.

The fact is that big names are hiding behind the curtains pulled tight together by the investigators themselves. There is an IG rank officer, two SPs, two IAS officers and several other state police officials who have been named by sources and perfunctorily questioned with no great enthusiasm by the investigating agencies. Their political masters are protecting them both from investigations and the media.    

This Wednesday a special CBI court in Raipur granted the CBI eight-day remand of alleged kingpin Saurabh Chandrakar, who was finally extradited by Oman after months of back and forth. The CBI for some strange reason then requested the court to take Chandrakar to Delhi to which the accused’s lawyer also did not object. Since the original crime scene is in Durg and most of the possible dubious characters are in Raipur, one would assume keeping him in Chhattisgarh would have been appropriate.

But perhaps it’s a bigger ring and the CBI is also aware of the pitfalls ahead. Rs 94000 crore is a figure in the chargesheet but knowledgeable sources in the gambling racket in the state believe that  while Mahadev book was initially backed by people close to then Chief Minster Bhupesh Baghel, it was later taken over by the IPL gangs since the main source of income is the IPL season. It is estimated that more than Rs 25000 crore changed hands every season. The handlers or the Khai party easily makes almost half of it nice and clean.

Baghel’s son and some of his sidekicks have been questioned but not named in the chargesheets so far. On the day Chandrakar was being produced in Raipur court, his partner in crime Ravi Uppal was arrested in Dubai and may soon be extradited. But the way things are, no big names will come out.

It’s possible that Baghel may face the heat when the 2028 state assembly elections come around but it is also clear that the Mahadev operations have probably been taken over by some other gang backed by some powerful political bosses in India. So Chandrakar was allowed to get married in Dubai with Bollywood stars in attendance and not extradited for two years. Now that everything has been snatched from him and he is no longer an asset, he’s surrendered along with Uppal. Mahadev, believe this writer, will live on.

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Farooq, Omar Abdullah to meet upset NC MLAs amid party discontent

Farooq Abdullah and Omar Abdullah are set to meet National Conference MLAs who have raised concerns following the recent Cabinet expansion in Jammu and Kashmir.

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Omar Abdullah

Jammu and Kashmir National Conference (NC) president Farooq Abdullah and Chief Minister Omar Abdullah are set to meet a group of party legislators who have raised concerns following the recent expansion of the Union Territory’s Council of Ministers.

The meeting is scheduled in Srinagar on Friday as the party leadership attempts to address grievances raised by several NC MLAs. Reports indicate that the legislators had met separately ahead of their interaction with the Abdullahs to finalise the issues they wanted to raise. 

The developments come days after Omar Abdullah expanded his Cabinet, inducting four new ministers and dropping Independent MLA Satish Sharma from the Council of Ministers. The reshuffle has led to discontent among sections of the ruling National Conference, particularly among legislators who were not included in the new ministerial team. 

What the NC MLAs want

The legislators have raised concerns about the functioning of the party and government, including the need for greater authority for elected representatives, stronger party organisation at the grassroots level and better implementation of commitments made to voters.

Some members of the group have also demanded changes involving ministers and the Chief Minister’s advisor Nasir Aslam Wani. Earlier reports said the legislators had prepared a memorandum outlining their grievances and demands. 

The group has stressed that its concerns are aimed at strengthening the party rather than destabilising the government. One legislator described the focus as improving the party’s functioning at the grassroots level and ensuring that MLAs are empowered to address public grievances.

Cabinet expansion triggered tensions

The latest discontent followed Omar Abdullah’s Cabinet expansion, under which four new ministers were inducted. They include Ali Mohammad Sagar, Mir Saifullah, Shamima Firdous and Altaf Ahmad Kaloo. Independent MLA Satish Sharma was dropped from the Council of Ministers. 

The Cabinet changes had already prompted concerns among some senior legislators over ministerial representation and the functioning of the party organisation. The disagreement has since developed into a broader discussion about the role and empowerment of elected representatives.

The meeting with Farooq and Omar Abdullah is therefore significant as the party leadership seeks to engage directly with the legislators and address their concerns.

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