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Retired judicial officers can be judges of High Courts, rules SC

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[vc_row][vc_column][vc_column_text]Supreme Court bench of Justices AK Sikri and Ashok Bhushan also says Additional Judges can be appointed to high courts for tenure of less than 2 years

In a landmark judgment that could significantly bring down the large number of vacancies for judges, the Supreme Court, on Friday (February 23) ruled that retired judicial officers can be appointed as judges of any High Court under Article 217(2)(a) of the Constitution of India.

Further, the court said that additional judges can also be appointed to high courts provided that their tenure is of less than two years and that the appointment is done in conformity with provisions laid down under Article 224 of the Constitution.

The judgement, passed by a Supreme Court bench of Justices AK Sikri and Ashok Bhushan, came in a petition filed by advocate Sunil Samdaria, who had challenged the appointments of two additional judges – Justices Virendra Kumar Mathur and Ram Chandra Singh Jhala – to the Rajasthan High Court. The top court has upheld the appointments of these two additional judges.

In his petition, Samdaria had submitted that the appointment of the said additional judges was a violation of Article 224.[/vc_column_text][vc_column_text css=”.vc_custom_1519376297857{padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #a2b1bf !important;border-radius: 10px !important;}”]Article 224, which deals with the “appointment of additional and acting judges”, lays down the following criteria:

  1. If by reason of any temporary increase in the business of High Court or by reason of arrears of work therein, it appears to the President that the number of the Judges of that Court should be, for the time being, increased the President may appoint duly qualified persons to be additional Judges of the Court for such period not exceeding two years, as he may specify
  2. When any Judge of a High Court other than the Chief Justice is by reason of absence or for any other reason unable to perform the duties of his office or is appointed to act temporarily as Chief Justice, the President may appoint a duly qualified person to act as a Judge of that Court until the permanent Judge has resumed his duties
  3. No person appointed as an additional or acting Judge of a High Court shall hold office after attaining the age of sixty two years

Article 217(2)(a) of the Constitution which deals with appointment high court judges states:

A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and

(a) has for at least ten years held a judicial office in the territory of India…[/vc_column_text][vc_column_text]The petitioner had claimed that additional judges cannot be appointed to high courts under Article 224 for less than 2 years where pendency of cases is more than 2 years and that since the pendency of cases in the Rajasthan High Court was for a period exceeding 10 years, the appointment of the two additional judges for a tenure of less than two years was contrary to the constitutional provisions.

Samdaria had also argued that the Apex Court had, in Kumar Padma Prasad v/s Union of India, ruled that in order to qualify for appointment as a Judge of High Court under Article 217 (2) (a) of the Constitution of India, the candidate must hold judicial office in judicial service of the State. He had said that since the two additional judges had retired from the Rajasthan judicial service in 2016, thereby having ceased to hold judicial office, “they were neither qualified nor eligible to be appointed as Judge of High Court on the date of issuance of warrant of appointment by President of India”.

—With agency inputs, further details of the verdict are awaited

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2024 Lok Sabha Elections

Rahul Gandhi says BJP will not get more than 150 seats in Lok Sabha elections

Congress leader Rahul Gandhi said these BJP people are saying that they will secure this many or that many seats and but he wanted to make it clear that BJP will not get more than 150 seats.

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With completion of the first phase of the Lok Sabha elections yesterday, the stage is set for the 2nd phase of the Lok Sabha elections, which has lead the political parties to intensify and accelerate campaigning. Congress leader Rahul Gandhi too, with his eyes set on the 2nd phase was addressing a public rally at Bihar’s Bhagalpur on Saturday.

Addressing the rally, Congress leader Rahul Gandhi and said these BJP people are saying that they will secure this many or that many seats and but he wanted to make it clear that BJP will not get more than 150 seats.

Rahul Gandhi expressed his confidence that the I.N.D.I.A. Bloc will emerge victorious in the Lok Sabha elections. He also stressed on the party’s vision for INDIA once elected to power. Rahul Gandhi said, As soon as the INDIA alliance government comes, they will end the Agniveer scheme. He said India does not need two types of martyrs and added that everyone should get pension.

Gandhi further added that they will change GST and there will be one tax, minimum tax. He also talked about doubling the salary of Asha and Anganwadi workers. Gandhi said they are giving 2 guarantees to the farmers. The Congress party is going to waive off the farmers’ debts, and secondly, they are going to provide a guaranteed minimum support price to the farmers of India.

Congress leader even promised that his government would provide all diploma holders and graduates in India with the right to an apprenticeship. During the second phase of the Lok Sabha elections which are scheduled to be held on April 26, 4 constituencies in Bihar, including, Kishanganj, Bhagalpur, and Purnia ,Katihar will go for elections.

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2024 Lok Sabha Elections

RJD leader Tejashwi Yadav says BJP’s 400 paar film has become a super flop on the first day itself

Tejashwi Yadav said the INDIA Bloc had held block wise meetings and the feedback that has come is very good that the BJP’s 400 paar film has flopped on day 1 of the Lok Sabha elections. He said the people of Bihar are aware and will teach BJP a lesson.

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After the first phase of the Lok Sabha election got completed, Rashtriya Janata Dal (RJD) leader Tejashwi Yadav on Saturday took a dig at the Bharatiya Janata Party and said that the BJP’s 400 paar film has become a super flop on the first day itself. The RJD leader told that the media that there is no competition in the first phase of the elections as Bihar will give shocking results this time.

Yadav added that the Mahagathbandhan is winning all 4 seats in the first phase. He said the INDIA Bloc had held block wise meetings and the feedback that has come is very good that the BJP’s 400 paar film has flopped on day 1 of the Lok Sabha elections. He said the people of Bihar are aware and will teach BJP a lesson.

Tejashwi Yadav said there is no competition in the first phase. He said the people of Bihar will give shocking results this time. He added the BJP government has not done anything for the people of Bihar. He said the promises made by Modi ji in 2014 and 2019 were not fulfilled. Yadav added the public is tired of BJP’s statements and false promises. He said the opposition has promised that they will give a special package to Bihar along with special status.

Tejashwi Yadav said today the rally is with Rahul Gandhi ji in Bhagalpur. The entire INDIA Bloc and the Mahagathbandhan are working together. The RJD leader pointed out that unemployment is the biggest issue in Bihar. He said other important issues being faced by the people of Bihar are poverty, inflation, investment in the state. He said Migration and floods are also issues which need to be looked at.  He added the people of BJP are very worried. He said the people of BJP say that they will abolish the Constitution. He said those who destroy the Constitution will themselves be destroyed.

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2024 Lok Sabha Elections

Prime Minister Narendra Modi takes dig at Rahul Gandhi, says like Amethi, Congress will lose its ground from Wayanad also

PM Modi is currently on a visit to Maharashtra for election campaigning, and is campaigning for Mahayuti’s candidates from the parliamentary seat of Nanded Prataprao Patil Chikhlikar.

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Prime Minister Narendra Modi on Saturday made a prediction and said Congress leader Rahul Gandhi will be driven away from his parliamentary constituency Wayanad and the party will have to find another safe seat for him. PM Modi, at a rally in Maharashtra’s Nanded, said Rahul Gandhi was chased away from Amethi by BJP leader Smriti Irani. PM Modi is currently on a visit to Maharashtra for election campaigning, and is campaigning for Mahayuti’s candidates from the parliamentary seat of Nanded Prataprao Patil Chikhlikar.

The Prime Minister said Congress ke shehzade, unhe bhi Wayanad mein sankat dikh raha hai…Jaise Amethi se bhagna pada, aap maan ke chaliye wo Wayanad bhi chodenge… (The Prince of Congress is facing a danger in Wayanad. Like he was made to escape Amethi, believe me, he will have to leave Wayanad as well).

PM Modi added Kerala Chief Minister Pinarayi Vijayan has blasted Congress leader in such a language that even he did not use for them. He said he is sure Congress will look for another safe seat for its Shahjada after voting in Wayanad is over. He claimed that in the first phase of the Lok Sabha elections, the people of the country voted for the BJP-led NDA. PM Modi said the INDIA bloc partners were fighting each other for 25 percent seats. He said if this is the situation now, what will they do after the election?

PM Modi addressed all the workers and leaders of other parties and said even if they felt that they are going to lose the elections then why should they work hard- he said they should work hard for democracy. Aaj nahin toh kal, kal nahin toh parso, parso nahin toh narso, arey kabhi to mauka aega (if not today, tomorrow, day after tomorrow, someday, you may get a chance).

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