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Justice Chelameswar refuses to hear PIL on allocation of cases in SC, says “reasons are too obvious”

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Justice Chelameswar refuses to hear PIL on allocation of cases in SC, says “reasons are too obvious”

A Supreme Court Bench led by Justice Jasti Chelameswar on Thursday, April 12, turned down an urgent mentioning to list for hearing a petition seeking clarification on the role of Chief Justice of India (CJI) as ‘master of the roster’ and specify that the CJI’s authority as such should not be reduced to an absolute, singular and arbitrary power.

This comes a day after a bench headed by Chief Justice Dipak Misra ruled that constitution of benches of the top court allocation of cases is exclusive prerogative of the CJI.

Justice Chelameswar – the senior-most judge after the Chief Justice – refused to hear the PIL filed on behalf of former Union minister Shanti Bhushan, commenting: “There is nothing much I can do in this. I am sorry. You please understand my difficulty… With two months left, I don’t want to hear that I am trying to grab some office. I do not want another reversal of my order in 24 hours. This is why I can’t do it. Let the nation decide its own course.”

Justice Chelameswar was referring to his earlier order which was quashed on November 10, 2017 by a Constitution Bench headed by CJI in the Campaign for Judicial Accountability and Reforms (CJAR) case.

Justice Chelameswar, who has been critical of Chief Justice Dipak Misra’s handling of the roster and had, along with three other senior judges, held an unprecedented press conference to slam CJI’s allocation of important cases to benches headed by junior judges, said that reasons for him not hearing Shanti Bhushan’s petition were “too obvious”.

A report by news agency PTI quoted Justice Chelameswar as saying: “someone is running a relentless tirade against me that I am up to grab something (sic)… Please understand my difficulty.”

The former law minister’s son and advocate Prashant Bhushan, however, persisted with the request to have the petition heard, claiming that the plea had been filed 10 days ago but the Supreme Court registry was yet to list it before a bench.

A report in The Hindu said that it was then that Justice Chelameswar’s puisne judge, Justice Sanjay Kishan Kaul, to say that retirement is looming for his senior brother judge and Justice Chelameswar should be spared from being dragged into controversy.

Prashant Bhushan was then forced to move to the court of Chief Justice Dipak Misra with his request to have his father’s petition heard. It may be recalled that while filing the PIL, the Bhushans had urged the Supreme Court registry to not list the plea before a bench headed by the Chief Justice.

In Court No. 1, as Prashant Bhushan urged the judges to list the petition for hearing, Justice DY Chandrachud asked: “have the defects (in the petition) been removed?” With Prashant Bhushan replying in the affirmative and adding that he had earlier urged the court of Justice Chelameswar to hear the matter but that his bench conveyed to him that “it could not do anything about it”, Chief Justice Dipak Misra said: “we will look into it.”

The petition by the Bhushans seeks a ruling by the apex court on the administrative authority of the Chief Justice in his capacity as the apex court’s master of roster and for laying down the principles and procedure to be followed while allocation of cases to various benches.

The Wednesday (April 11) verdict delivered by a bench headed by Chief Justice Dipak Misra himself against a petition filed by Allahabad-based lawyer Asok Pande ruled that constitution of benches of the top court allocation of cases is exclusive prerogative of the CJI.

Several jurists and former judges of the Supreme Court and various high courts have criticised the verdict, arguing that the CJI should have recused himself from hearing the petition filed by Pande as the petition directly concerned him.

The April 11 verdict, delivered by the bench that also comprised of Justices AM Khanwilkar and DY Chandrachud, reaffirms that the Chief Justice is “the first among equals” and “in the allocation of cases and the constitution of benches… has an exclusive prerogative.”

The 16-page verdict, authored by Justice Chandrachud, had dismissed Pande’s plea terming it as “scandalous” and said: “Underlying the submission that the constitution of Benches and the allocation of cases by the Chief Justice must be regulated by a procedure cast in iron is the apprehension that absent such a procedure the power will be exercised arbitrarily. In his capacity as a Judge, the Chief Justice is primus inter pares: the first among equals… Article 146 reaffirms the position of the Chief Justice of India as the head of the institution… As a repository of constitutional trust, the Chief Justice is an institution in himself… The ultimate purpose behind the entrustment of authority to the Chief Justice is to ensure that the Supreme Court is able to fulfil and discharge the constitutional obligations which govern and provide the rationale for its existence. The entrustment of functions to the Chief Justice as the head of the institution is with the purpose of securing the position of the Supreme Court as an independent safeguard for the preservation of personal liberty. There cannot be a presumption of mistrust. The oath of office demands nothing less.”

On the issue of how judges must be selected for various benches and to hear different kinds of cases that come before the apex court, the verdict had said: “the petitioner (Asok Pande) seems to harbour a misconception that certain categories of cases or certain courts must consist only of the senior-most in terms of appointment. Every Judge appointed to this Court under Article 124 of the Constitution is invested with the equal duty of adjudicating cases which come to the Court and are assigned by the Chief Justice. Seniority in terms of appointment has no bearing on which cases a Judge should hear… every Judge of the Court is entitled to and in fact, duty bound, to hear such cases as are assigned by the Chief Justice…”

“To suggest that any Judge would be more capable of deciding particular cases or that certain categories of cases should be assigned only to the senior-most among the Judges of the Supreme Court has no foundation in principle or precedent. To hold otherwise would be to cast a reflection on the competence and ability of other judges to deal with all cases assigned by the Chief Justice notwithstanding the fact that they have fulfilled the qualifications mandated by the Constitution for appointment to the office,” the verdict said.

—With inputs from India Legal Bureau and agencies

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Mojtaba Khamenei warns against expecting US policy shift after midterms

Iran’s Supreme Leader Mojtaba Khamenei has warned against expecting a change in US policy towards Tehran following the Democratic Party’s victory in the US midterm elections. He also cautioned that any renewed American attacks on Iran would widen the ongoing Middle East war.

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Iran’s Supreme Leader Mojtaba Khamenei has warned against expecting a change in US policy towards Tehran following the Democratic Party’s victory in the US midterm elections. He said those hoping that political changes in Washington would lead to a shift in America’s approach towards Iran were seriously mistaken.

His remarks came after Democrats secured control of both the US House of Representatives and the Senate, dealing a major electoral setback to President Donald Trump and his Republican Party.

In a message posted on the social media platform X on Wednesday, November 4, Khamenei said Iranians understood their position towards the United States more clearly than ever. He also said that examining the reasons behind what he described as US hostility and Iran’s resistance would provide guidance for the country’s future course.

Khamenei cautioned against viewing changes in the political balance in Washington as an indication that American policy towards Iran would become less hostile.

Khamenei Warns Of Wider Middle East War

The Iranian Supreme Leader also warned that the ongoing Middle East war could expand further if the United States resumed its attacks on Iran.

“Should such aggressions be repeated, its (the war) scope will become much wider,” he said.

His warning comes amid continuing tensions between Washington and Tehran, with the conflict involving the two countries remaining a major issue in US politics.

Democrats Take Control Of Both Houses Of Congress

The Democratic Party secured control of both chambers of the US Congress in the midterm elections, marking a significant setback for Trump’s Republicans.

The party benefited from public dissatisfaction with Trump and gained greater power to scrutinise and challenge his administration during the final two years of his presidency.

Trump, meanwhile, struck a conciliatory tone in an interview with The New York Times, saying he was “absolutely willing to accept those results” and was prepared to work with Democrats.

Iran War Emerged As A Key Election Issue

The war involving Iran was among the major issues during the US midterm election campaign.

Democratic candidates criticised Trump over the conflict and linked it to economic difficulties that had contributed to frustration among voters across the country.

Khamenei’s remarks, however, indicated that Tehran does not expect the change in congressional control to result in a fundamental shift in Washington’s approach towards Iran.

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Trump says Republicans would have won US midterms if he was on ballot

US President Donald Trump claimed Republicans would have won the 2026 midterm elections in a landslide if he had been on the ballot, as Democrats made significant gains in key congressional contests.

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US President Donald Trump has reacted to the Republican Party’s setbacks in the 2026 US midterm elections, claiming that the party would have secured a landslide victory if he had been on the ballot.

Trump made the remark as Democrats registered significant gains in congressional contests, putting Republican control of Congress under pressure.

The November 3 midterm elections were widely seen as an important test of Trump’s presidency, with all 435 seats in the House of Representatives and 35 Senate seats up for election.

According to Trump’s assessment, his presence on the ballot would have changed the outcome for Republicans.

The President’s remarks came after Democrats made significant advances in several closely watched races, challenging Republican control of both chambers of Congress.

Democrats make gains in key congressional races

The election results indicated a strong performance by Democrats in several important contests.

In the Senate, Democrats flipped multiple Republican-held seats, including victories in Texas, South Carolina and Ohio. In the House of Representatives, Democratic candidates also defeated several Republican incumbents, bringing the party closer to securing a majority.

The developments raised the possibility of Democrats taking control of both chambers, although some contests were still being counted.

A change in congressional control would have significant implications for Trump’s remaining presidential term, potentially making it more difficult for his administration to advance its legislative agenda.

Why the 2026 US midterm elections matter

The US midterm elections take place halfway through a president’s four-year term. Unlike presidential elections, voters elect members of Congress, including representatives and a portion of the Senate.

The elections are particularly important because the party controlling Congress has considerable influence over legislation, government spending and oversight of the administration.

For Trump, the 2026 elections were a major political test as Republicans sought to maintain their congressional majorities.

Democratic gains could change the political balance in Washington during the final two years of his presidency.

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Trump approval rating near record low at 32% ahead of US midterms

US President Donald Trump’s approval rating remained at 32% ahead of the congressional midterm elections, just above his record-low reading of 31% recorded two weeks earlier, according to a nationwide poll.

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US President Donald Trump’s approval rating remained close to its lowest level ahead of Tuesday’s congressional midterm elections, with a nationwide poll indicating that a significant section of American voters viewed their ballots as an opportunity to express opposition to the Republican leader.

According to the latest poll completed on Monday, November 2, only 32% of respondents approved of the job Trump was doing as President. The figure was unchanged from the previous week and just one percentage point above his record-low reading of 31%, recorded two weeks earlier.

The findings come as Republicans seek to retain their majorities in Congress, with all 435 seats in the House of Representatives up for grabs and several closely contested races expected to shape the Senate.

Although Trump himself is not on the ballot, his presidency has emerged as a significant factor in the midterm elections.

Democrats lead Republicans in nationwide congressional preference

The poll found that Democrats held an eight-percentage-point advantage over Republicans when respondents were asked which party they preferred to see in charge of Congress.

Around 46% of respondents favoured Democrats, compared with 38% who preferred Republicans.

However, the Democratic lead was narrower than the 11-percentage-point advantage recorded in a similar poll conducted a week earlier.

The so-called generic ballot question provides an overall indication of voters’ preferences between the two parties for control of Congress. However, it does not account for differences between individual states and congressional districts, which ultimately determine the composition of the House and Senate.

Political strategists from both parties believe Democrats have a stronger opportunity to take control of the House of Representatives. Their prospects in the Senate are considered more difficult, with the party facing challenges in states including Alaska and Michigan.

Half of independent voters see their vote as opposition to Trump

The survey also highlighted the extent to which Trump is influencing voters’ decisions despite not contesting the election himself.

Among registered independent voters, 50% said they viewed their congressional vote as a vote against Trump.

In comparison, 13% said their vote was in support of the President, while 33% said Trump was not a factor in their voting decision.

These findings indicate that voters’ views of the President are an important consideration for a section of the electorate heading into the congressional elections.

Rising cost of living emerges as a major election issue

Economic concerns, particularly the rising cost of living, featured prominently in the poll.

Around 78% of respondents said the cost of living would be either a very important or the most important issue in determining their voting decisions.

When asked which party was better equipped to handle the issue, 43% chose Democrats, compared with 32% who favoured Republicans.

The poll also pointed to concerns over rising fuel prices following the US military campaign against Iran, which began in February.

The increase in fuel prices has added to the economic challenges facing the Trump administration ahead of the elections.

Democrats report greater enthusiasm about voting

The survey also found a difference in voting enthusiasm between supporters of the two major political parties.

Around 49% of Democratic voters said they were very enthusiastic about voting in the midterm elections.

Among Republican voters, the corresponding figure stood at 33%.

The difference in enthusiasm is an important factor for both parties as they seek to mobilise their supporters and secure votes across the country.

The latest poll surveyed 1,765 US adults online and had a margin of error of two percentage points.

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