BJP's Ideology Mamata

BJP’s Ideology Is Self-Centered: Mamata

West Bengal Chief Minister Mamata Banerjee on Tuesday hit out at the Bharatiya Janata Party (BJP) and said that the BJP’s ideology is to be “self-centered” while her party Trinamool Congress abides by the Constitution.

Addressing a convention of Trinamool Congress (TMC) workers in Kolkata, Banerjee said, “CPI (M) and BJP belong to the same team…BJP’s ideology is to be self-centered…Our compulsion is to obey the Constitution. But today history, geography, and politics are being forgotten; education and culture are being changed,”
The TMC supremo spoke on Trinamool Congress’ vision as it completed 25 years on January 1, and said “the party aims at a united India with a strengthened federal structure”.

On Sunday, she took to Twitter on the occasion of the 25th foundation day of the Trinamool Congress and congratulated everyone for believing in the power of Maa, Maati, and Manush (mother, soil, and people).

She also recalled the party’s struggle through the years and the role played by the party workers in empowering people, fighting injustice, and inspiring hope among the masses.

“This day, 25 years ago, TMC came into existence. I recall our struggles through the years & the role we have played in empowering people, fighting injustice, and inspiring hope. I heartily congratulate everyone for believing in the power of MAA, MAATI, MANUSH,” tweeted Mamata.

Trinamool Congress was created over Mamata’s difference from the Congress. She left Congress and formed TMC on January 1, 1998. TMC which emerged as a regional party was elevated to a national Party in 2016.

The party ended the 34-year left regime in West Bengal in 2011 and has been in power since then, winning three consecutive assembly elections.

Currently, it is the third largest party in the parliament after BJP and the Congress with 23 members in the Lok Sabha and 13 in the Rajya Sabha. (ANI)

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Supreme Court Demonetization Decision

Supreme Court Upholds Govt’s 2016 Demonetization Decision

The Supreme Court on Monday upheld the decision of the Central government taken in 2016 to demonetize the currency notes of ₹500 and ₹1,000 denominations.

A five-judge Constitution bench dismissed a batch of petitions challenging the Centre’s 2016 decision to demonetize Rs 500 and Rs 1000 currency notes and said the decision, being the Executive’s economic policy, cannot be reversed.

Supreme Court bench said: “There was consultation between the Centre and the RBI before demonetization. There was a reasonable nexus to bring such a measure, and we hold that the doctrine of proportionality did not hit demonetization.”

The apex court had reserved its judgments on the batch of 58 petitions on December 7.

Earlier, it had asked the Centre and Reserve Bank of India to place before it the records pertaining to the 2016 demonetization decision in a sealed envelope.

It had said that it has the power to examine the manner in which the decision for demonetization was taken adding that “the judiciary cannot fold its hands and sit just because it is an economic policy decision”.

The top court’s remarks came when the Reserve Bank of India counsel made the submission that judicial review cannot apply to economic policy decisions.

The RBI had told the apex court about the objective of the demonetization policy to curb black money and fake currencies.

Attorney General R Venkatramani had said that the economic policy of demonetization was connected to a social policy where three evils are attempted to be addressed. (ANI)

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RS Chairman Dhankhar

RS Chairman Dhankhar Slams NJAC verdict

Noting that the Supreme Court striking down the NJAC Act in 2015 was an unparalleled development in democratic history where a duly legitimized constitutional prescription was “judicially undone” and is “a glaring instance of severe compromise of parliamentary sovereignty and disregard of the mandate of the people”, Rajya Sabha Chairman Jagdeep Dhankar said on Wednesday that “this House, in concert with the Lok Sabha, is duty bound to address the issue”.

In his maiden speech in Rajya Sabha on the first day of the winter session of Parliament, the Vice President said democracy blossoms and flourishes when its three facets – the legislature, the judiciary, and the executive scrupulously adhere to their respective domains.
The Vice President talked of the need to catalyze a wholesome environment to promote the synergic functioning of Constitutional Institutions and emphasized the need to respect “Laxman Rekha”.

He said the Parliament in a much-needed historic step passed the 99th Constitutional Amendment Bill paving way for the National Judicial Appointment Commission (NJAC).

Dhankar said there was unprecedented support for the legislation and the two Houses passed it almost unanimously in August 2014.

“Rarely in Parliamentary democracy, there has been a such massive support to Constitutional legislation. This process fructified into a Constitutional prescription, after 16 State Assemblies out of 29 States ratified the Central Legislation; the President of India in terms of Article 111 accorded his consent on December 31, 2014,” he said.

Dhankar said the historic parliamentary mandate “was undone” by the Supreme Court on October 16, 2015 by a majority of 4:1 finding the same as not being in consonance with the judicially evolved doctrine of ‘Basic Structure’ of the Constitution.

“There is no parallel to such a development in democratic history where a duly legitimized constitutional prescription has been judicially undone. A glaring instance of severe compromise of parliamentary sovereignty and disregard of the mandate of the people of which this house and the Lok Sabha are custodians,” he said.

“We need to bear in mind that in democratic governance basic of any ‘Basic Structure’ is the prevalence of primacy of the mandate of the people reflected in the Parliament. Parliament is the exclusive and ultimate determinative of the architecture of the Constitution,” he added.

Dhankar said it is disconcerting to note that on such a momentous issue, so vital to the democratic fabric, “there has been no focus in the Parliament, now for over seven years”.

“This House, in concert with the Lok Sabha, being the custodian of the ordainment of the people, is duty bound to address the issue, and I am sure it will do so,” he said.

The Vice President said the sublimity of the doctrine of separation of powers, is realized when the legislature, judiciary, and executive optimally function in tandem and togetherness, meticulously ensuring scrupulous adherence to the respective jurisdictional domain.

“Any incursion by one, howsoever subtle, in the domain of other, has the potential to upset the governance apple cart. We are indeed faced with this grim reality of frequent incursions. This house is eminently positioned to take affirmative steps to bring about congeniality amongst these wings of governance. I am sure you all will reflect and engage in a way forward stance,” he said.

Dhankar said parliamentary sovereignty is inviolable in any democracy and members have taken oaths to preserve it.

“Essence of democracy lies in the prevalence of the ordainment of the people reflected through the legitimized platform.”

He said the power of parliament of the day to act in exercise of its constituent power to “amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure” is unqualified and supreme, not amenable to executive attention or judicial intervention except for the purpose of deciding any case involving a substantial question of law as to the interpretation of the Constitution envisaged in article 145(3) of the Constitution.

The Vice President said using this Constitutional power to amend, Parliament effected wholesome structural governance changes to further spinally strengthen democracy. This has been by way of incorporation of Part IX, IX A, and IX B in the Constitution providing a comprehensive mechanism for Panchayati Raj, Municipalities, and Co-operative Societies, he said.

Dhankar said authorities in constitutional positions in any institution are required to exemplify their conduct by high standards of propriety, dignity, and decorum.

“Time for all constitutional institutions to reflect and give quietus to public display of adversarially challenging stance, trading or exchange of advisories emanating from these platforms. I urge the Members of the House to proactively catalyze the evolution of wholesome cordial ecosystem ending this aberration,” he said.

“It is institutional seamless connection marked with mutual trust and respect that generates an ecosystem best suited for serving the nation. This House needs to catalyze this wholesome environment to promote synergic functioning of Constitutional Institutions, emphasizing the need to respect Laxman Rekha,” he added.

Dhankar said he looked forward to contributing to the growth trajectory of the largest vibrant democracy in the world and vindicating its trust and confidence.

He said the terms ‘Upper House’ or ‘House of Elders’ though not part of the official glossary, amply reflect the uniquely significant importance of this institution.

“Nation justifiably expects the House of Elders to take the decisive directional lead in reaffirming and enhancing the core values of the Republic and set up the traditions of parliamentary democracy exemplifying the highest deliberative emulative standards,” he said.

“Today, as we are in Amrit Kaal, we cherish one of the world’s finest constitutions as our own. Members of the Constituent Assembly were enormously talented with impeccable credentials and immense experience. The Constituent Assembly, given the scenario then, was as representative as was practicable,” he added.

Dhankar said with each election there has been progressively authentic enhancement in the representation gradient. “Presently the parliament reflects with authenticity the mandate and aspirations of the people as never before.”

He said the Constituent Assembly addressed sensitive, complex and critical issues, exemplifying sublimity engaging in dialogue, discussions, deliberations, and debate marked with a cooperative and consensual attitude.

“Diverse issues were traversed without there being any disruptions or rancor. Obstruction and Disruption of proceedings as parliamentary practice or option are antithetical to democratic values. The contemporaneous scenario on this count is concerning and makes it imperative for us to follow the high standards set in the Constituent Assembly. We need to be cognizant of severe public discomfort and disillusionment at lack of decorum in the temple of democracy,” he said.

Referring to his visit to Cambodia for India-ASEAN and East Asia Summits and FIFA World Cup Inaugural Ceremony in Qatar, Dhankar said he was sharing with members his “deep sense of pride and satisfaction of the level of respect India commands amongst world leaders and hope our growth trajectory generates for global peace and prosperity”. (ANI)

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President Droupadi Murmu

Do Something For People Languishing In Jails For Petty Offences: Prez

President Droupadi Murmu on Saturday urged courts to help people languishing in jails for petty offences who are not aware of their fundamental rights or fundamental duties that are laid down in Part IV-A of the Constitution.

The President made the remarks while addressing the valedictory function of the ‘Constitution Day’ celebrations, organized by the Supreme Court in the national capital.
President Murmu said, “
Aap logon ko uske liye kuchh karna chahiye. Saalon saal nahi chhuratein hain unko
. (You [courts] should do something for these people. They are languishing in jails for many years).”

The President added that such prisoners have been languishing behind bars for petty offenses such as slapping.

She also pointed out that many, who have taken the lives of others are roaming free but those booked for petty offenses are still lodged in jails.

President Murmu said, “Increasing the number of jails does not qualify as development. We should introspect, instead, on why there should be jails in the first place.”

She said the courts are for the people and by the people and, hence, must think about the people.

Getting emotional as she spoke about her childhood days in her native village, President Murmu said villagers hold three professions — teaching, medicine, and law — in high regard. She said doctors and lawyers take professional vows to help people in need.

She said as Jharkhand governor, she had the opportunity to work for people languishing in jails for petty offenses.

She also acknowledged the contributions of the former chief justice of Jharkhand High Court DN Patel and the chief of Jharkhand State Legal Services Authority Pradip Kumar Mohanty, in this regard. (ANI)

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India Economy In 2022 Modi

For Timely Justice, Our Judiciary Is Taking A Lot Of Steps: Modi

Prime Minister Narendra Modi on Saturday said that for timely justice, the Indian judiciary is taking a lot of steps such as e-initiatives launched today to ensure ease of justice for all.

During the Constitution Day celebrations program in the Supreme Court, the Prime Minister also launched various new initiatives under the e-court project. The project is an effort to provide services to litigants, lawyers, and the judiciary through the ICT enablement of courts.
The initiatives launched by the Prime Minister include Virtual Justice Clock, Justis mobile App 2.0, Digital court, and S3WaaS Websites.

The day has been celebrated as Constitution Day since 2015, to commemorate the adoption of the Constitution of India by the Constituent Assembly in 1949.

“Our country as the “mother of democracy”, is strengthening our constitutional beliefs. With the strength of Pro-People Policies, we are empowering the poor, marginalized, and women with simplified laws. The eyes of the entire world are on India. Rapid development, rapid economic growth… the world is applauding India,” said PM Modi while addressing the event.

The Prime Minister further said that our biggest strength is our Constitution. “We the people” in our constitution aren’t just three words but is a belief.”

“For timely justice, our judiciary is taking a lot of steps… including the e-initiatives that were launched today, ensuring ease of justice for all,” PM Modi.

He said that everyone should enhance India’s prestige before the world and bring its contribution before them.

“New opportunities are coming up before India. Crossing all hurdles, it’s going ahead. A week from now, India will get the G20 presidency. It’s big! As Team India, all of us should enhance India’s prestige before the world and bring its contribution before them. It’s our collective duty,” he said.

The Prime Minister said, “I congratulate all of you for the e-initiatives and ensuring access to justice. Mahatma Gandhi used to say that our rights are our duties. In this “Amrit Kaal”, the countrymen have to fulfill their duties.”

He said that the spirit of India’s Constitution is youth-centric and the development of the country is on the shoulders of the youth.

“Our constitution is open, futuristic, and known for its progressive views. The spirit of our constitution is youth-centric. The development of our country is on the shoulders of the youth. From sports to startups, from information technology to digital payments, Yuvashakti is contributing to India’s progress,” said PM Modi.

The Prime Minister also urged youths to take part in debates and discussions on Constitution to understand the constitution better.

“To make the youth understand the constitution better, I urge them to participate more in discussions and debates regarding the constitution. The youth must know of the constituent assembly debates. It will strengthen India,” he added.

He said that the constituent assembly included 15 women.

“From Durgabai Deshmukh to Hansa Mehta to Rajkumari Amrit Kaur, all were instrumental in empowering the women of India,” he said.

PM Modi said that the vision for Amrit Kaal is a judicial system in which it is easy and speedy justice for all. (ANI)

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Chief Justice of India DY Chandrachud on democracy

No Institution In A Democracy Is Perfect: CJI Chandrachud

Chief Justice of India DY Chandrachud on Friday while talking about the Collegium system of appointing judges, said that no institution in a democracy is perfect.

“No institution in a Constitutional democracy is perfect. We work within the existing framework of the Constitution and we are faithful soldiers who implement the Constitution,” said the CJI while speaking at the Constitution Day celebrations organized by the Supreme Court Bar Association (SCBA).

Merely reforming the Collegium system of the apex court or increasing the salary of judges will not ensure that good and qualified people join the court.

“Getting good people in judiciary is not just about reforming the collegium…” the CJI said, adding that lawyers joining the bench as judges is a call of conscience and a commitment to the public.

He said that system has to make the office of a judge appealing to young lawyers.

CJI said November 26, 1959, was an important day because it was when the constituent assembly adopted the Constitution. The process of nation-building is a constantly evolving task, he said.

Constitution is constantly evolving to meet the new social realities of the time, CJI said.

He further said that the working of the Constitution depends on how the district judiciary is working. When we celebrate the Constitution we must be conscious of histories prior to the adoption of the Constitution, he added.

CJI said the legal profession must shed away its colonial underpinnings and in a country like India where summers include extreme heatwaves because of climate change we must reconsider the strict dress code for lawyers, especially in summers. The strictness of attire should not lead to moral policing of women lawyers, he added.

Law Minister Kiren Rijiju also attending the event said that a country progresses in the visionary guidance of its leaders.

“If leaders become weak, the country becomes weak. If CJI becomes weak, Supreme Court becomes weak and if Supreme Court becomes weak, the judiciary becomes weak. I congratulate Chief Justice of India DY Chandrachud and know the judiciary will rise under him,” Rijiju said.

He said he is committed to creating better infrastructure in the country.

“Independence of the Indian judiciary is untouched. We are here to protect it. Hum sab Ek hai. Aapas mein ladna theek nahi hai. (We are all the same, we should not quarrel among ourselves),” he added.

Attorney General R Venkataramani said that we need to see what justice needs of different sections of the community and restructure fundamentally our court system, our law framing, and our law reforms.

It is time we have a permanent Law Commission which is assisted by the best quality of experts, he said. (ANI)

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SC Verdict Quota For Economically Weaker Sections

SC Upholds 10% Quota For Economically Weaker Sections In 3:2 Split Verdict

The Supreme Court in a majority judgment on Monday upheld the validity of the Constitution’s 103rd Amendment Act 2019, which provides for 10 percent reservations of the Economically Weaker Section (EWS) in higher education and issues of public employment and observed that it does not violate essential features of the Constitution.

A five-judge Constitution bench in a 3:2 upheld the validity of the Constitution’s 103rd Amendment Act 2019, where three judges passed the verdict upholding the Act while CJI UU Lalit concurred with Justice S Ravindra Bhat and passed a dissent order.

Majority bench – Justices Dinesh Maheshwari, Bela Trivedi, and JB Pardiwala upheld the EWS amendment.
Justice Maheshwari said, “the EWS amendment does not violate the equality code or the essential features of the Constitution.”

Justice Bela M Trivedi said, her judgment is in concurrence with Justice Maheshwari and says the EWS quota in the general category is valid and constitutional.

CJI Lalit, Justices Dinesh Maheshwari, Bela M Trivedi, and JB Pardiwala passed the judgment upholding the Act.

The Chief Justice of India UU Lalit said there will be a total of four judgments that will be delivered in the matter.

“There are four judgments to be delivered on the issue relating to the constitutional validity of reservations of the Economically Weaker Section (EWS) in higher education and issues of public employment on the basis of financial conditions,” Chief Justice of India UU Lalit said on Monday.

In September last week, the constitution bench comprising Chief Justice Uday Umesh Lalit, Justice Dinesh Maheshwari, Justice S Ravindra Bhat, Justice Bela M Trivedi, and Justice JB Pardiwala, reserved the order after all the parties concluded their arguments.

The Constitution Bench was dealing with issues relating to the Constitutional validity of reservations on the basis of economic conditions. The court has begun hearing the matter on September 13 and the hearing was heard for seven days.

The constitutional validity of the 103rd Amendment Act, 2019 enabled the State to make reservations in higher education and matters of public employment on the basis of economic criteria alone. The Janhit Abhiyan petition is the lead matter.

Janhit Abhiyan’s matter relates to the challenging constitutional validity of the 103rd Amendment Act, 2019 which enabled the State to make reservations in higher education and matters of public employment on the basis of economic criteria alone.

Moreover, the Janhit matter is being heard together with a case filed by the Andhra Pradesh government against the High Court’s decision quashing its decision of granting reservations in education and public service for the entire Muslim population of the State in 2005. (ANI)

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