Arunachal verdict: Oppn warns Modi against misuse of power

July 13, 2016

New Delhi, Jul 13: Opposition today hit out at the Modi government over the Supreme Court's verdict on Arunachal Pradesh with Congress President Sonia Gandhi saying it will deter it from "misuse of power" and AAP chief Arvind Kejriwal calling the order a "tight slap" on its "dictatorial tendencies".narendramodi

Congress also demanded the immediate sacking of Governor Jyoti Prasad Rajkhowa and demanded an apology from all those involved in the decision of toppling the government.

Government said it will do a "structured examination" of the order and its implications before making a detailed response.

Putting up a brave front, BJP tried to deflect the criticism saying the political crisis in the state was an outcome of Congress' internal fight and claimed that the order is not a setback to the party.

Top Congress leaders Sonia and Rahul Gandhi targeted Prime Minister Narendra Modi with the party president asserting that those who trampled upon constitutional propriety and democratic norms stand defeated today.

Rahul Gandhi took a dig at Modi as he thanked the apex court for "explaining to him (PM) what democracy is".

"Those who had trampled upon constitutional propriety and democratic norms have been defeated today. This judgement, that firmly establishes the democratic values enshrined in our constitution, will deter the Union Government from any further misuse of power," Sonia said in a statement.

She also welcomed the "historic" verdict reinstating the "democratically elected and unconstitutionally removed" government.

Former Chief Minister and Congress leader Nabam Tuki, whose government was dismissed, said the order has protected democracy and ensured that justice prevails.

"It paves the way to protect healthy democracy in the country," Tuki said.
Delhi Chief Minister and AAP chief Arvind Kejriwal also hit out at the government.
"SC judgement is yet another tight slap on dictatorial Modi govt. Hope Modi ji would learn and now stop interfering in democratically elected governments," Kejriwal tweeted.

The apex court ordered that status quo ante that prevailed on December 15, 2015 be restored in Arunachal Pradesh Assembly.

The judgement is seen as a major setback to the central government and the BJP, which is extending outside support to the Pul government.

Trying to play down the impact on BJP, party's national secretary Shrikant Sharma said,"What happened in Arunachal was an outcome of internal fight within Congress. Its government was reduced to minority after a faction within the party rebelled. We only supported the faction's bid for power from the outside. Congress should not blame us for its internal problems.

"Rahul Gandhi is talking about democracy but he should know that past Congress governments have made a century of the use of Article 356 (of the Constitution) to dismiss state governments."

Uttarakhand Chief Minister Harish Rawat, who had also got relief from the apex court, lauded the verdict.

"My heartfelt gratitude to the Supreme Court for restoring Cong government in Arunachal Pradesh. Judiciary has restored faith of people in democracy," Rawat said in a social media post.

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Agencies
June 15,2020

New Delhi, Jun 15: Average temperature of India experienced a rise of 0.7 degree Celsius, along with decline in rainfall, significant increase in frequency of very severe cyclonic storms and droughts in over a decade due to human activities, the Ministry of Earth Sciences in its research report said.

The contentions were made in a report issued by the ministry on the impact of climate change. It will be published by Union Minister Harsh Vardhan on June 19.

According to the report, "Since the middle of the twentieth century, India witnessed rise in temperature; decrease in monsoon; rise in extreme temperature and rainfall, droughts, and sea levels; and increase intensity of severe cyclones.

The report, prepared by researchers of the Centre for Climate Change Research, a cell under The Ministry's Indian Institute of Tropical Meteorology, Pune, further stated that there is compelling scientific evidence that human activities have influenced these changes in regional climate.

India's average temperature has risen by around 0.7 degrees Celsius during 1901-2018, it said, adding that the rise is largely on account of GHG-induced warming and partially offset by forcing due to anthropogenic aerosols.

It states that the average temperature over India is projected to rise by 4.4 degrees Celsius, while the intensity of heat waves is likely to increase by 3-4 times by the end of the century.

In the 30-year period between 1986 and 2015, temperatures of the warmest day and the coldest night of the year have risen by about 0.63 degrees Celsius and 0.4 degree Celsius.

According to the report, by the end of the century, the temperatures of the warmest day and the coldest night are projected to rise by approximately 4.7 degrees Celsius and 5.5 degrees Celsius, respectively.

Alarmingly, sea surface temperature of the tropical Indian Ocean has also risen by one degrees Celsius on average during 1951-2015.

"The frequency of very severe cyclonic storms during the post-monsoon season has increased significantly (+1 event per decade) during the last two decades (2000-2018)," it added.

This came in the backdrop of Cyclone 'Amphan' and 'Nisarga' which made landfalls on May 20 and June 3 and killed several people, flattened villages, and destroyed farms.

"This is the first-ever climate change assessment report for India. This report will be very useful for policy makers, researchers, social scientists, economists, and students," said M. Rajeevan, secretary, the Ministry of Earth Sciences.

Besides this, the report also highlighted various other unnerving data on climate change in the country. Both the frequency and extent of droughts have increased significantly during 1951-2016.

The overall decrease of seasonal "summer monsoon rainfall" during the last 6-7 decades has led to an increased propensity for droughts over India.

"In particular, areas over central India, southwest coast, southern peninsula and north-eastern India have experienced more than 2 droughts per decade, on average, during this period. The area affected by drought has also increased by 1.3 per cent per decade over the same period."

The Hindu Kush Himalayas (HKH) also experienced a temperature rise of about 1.3 degree Celsius during 1951-2014.

Several areas of the Himalayas have experienced a declining trend in snowfall and also retreat of glaciers in recent decades. By the end of the twenty-first century, its annual mean surface temperature is projected to increase by about 5.2 degree Celsius.

The summer monsoon precipitation from June to September over India has also declined by around 6 per cent from 1951 to 2015, with notable decreases over the Indo-Gangetic Plains and the Western Ghats, the report further states.

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News Network
January 18,2020

New Delhi, Jan 18: Asha Devi, the mother of the 2012 Delhi gang-rape victim, on Saturday slammed senior lawyer Indira Jaising for her suggestion that she should forgive her daughter's rapists.

"Who is Indira Jaising to give me such a suggestion? The whole country wants the convicts to be executed. Just because of people like her, justice is not done with rape victims," Asha Devi said here.

"Cannot believe how Indira Jaising even dared to suggest this. I met her many times over the years in Supreme Court, not even once has she asked for my well being and today she is speaking for the convicts. Such people earn their livelihoods by supporting rapists, hence rape incidents do not stop," she added.

Asha Devi further accused Jaising of using "the garb of human rights" to make a living.

'People like her keep earning money under the garb of human rights. I do not need her suggestions... Just because of people who think like her incidents like rape keep happening, she is a disgrace to women," she said.

Earlier yesterday, Indira Jaising, through a tweet, had urged Asha Devi to forgive the perpetrators and had used the example of Congress interim president Sonia Gandhi, who had forgiven Nalini, one of the convicts who was given the death penalty by the courts.

"While I fully identify with the pain of Asha Devi I urge her to follow the example of Sonia Gandhi who forgave Nalini and said she did not want the death penalty for her. We are with you but against the death penalty," Jaising's tweet read.

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News Network
January 1,2020

Jan 1: The ban on the practice of instant triple talaq, making it a penal offence and the increase in the strength of Supreme Court judges were two of the major achievements of the law ministry in 2019.

In July, Parliament gave its nod to The Muslim Women (Protection of Rights on Marriage) Bill, 2019. The new law makes talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband void and illegal.

It makes it illegal to pronounce talaq three times in spoken, written or through SMS or WhatsApp or any other electronic chat in one sitting.

According to the new law, any Muslim who pronounces the illegal form of talaq upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

During the year, four new judges were appointed to the Supreme Court in September, taking its strength to 34, the highest-ever.

However, vacancies in high courts and lower courts are on the rise and convincing state governments and the 25 high courts to come on board to create an all-India judicial service to recruit judges for the subordinate courts tops the agenda of the Law Ministry in 2020.

Besides creating a consensus on setting up the All-India Judicial Services, the ministry will also have to focus on filling up vacancies in the high court. On an average, the vacancies stood at 400 throughout this year.

With more than 5,000 positions of judicial officers in district and subordinate courts lying vacant, the Law Ministry has pitched for setting up all-India judicial services.

The sanctioned strength of the judicial officers in district and subordinate courts was 22,644. The number of judicial officers in position and vacant posts is 17,509 and 5,135, respectively.

The government has proposed that while states and high courts can recruit judicial officers, the Union Public Service Commission (UPSC) can hold pan-India entrance tests.

The ministry has made it clear that such services would not encroach on the powers of the states.

As of now, the selection and appointment of judges in subordinate courts is the responsibility of the high courts and state governments concerned.

The Narendra Modi government has given a fresh push to the long-pending proposal to set up the new service to have a separate cadre for the lower judiciary in the country.

But there is a divergence of opinion among state governments and respective high courts on the constitution of the All India Judicial Service (AIJS).

One of the problems cited is that since several states have used powers under Code of Criminal Procedure (CrPC) and Code of Civil Procedure (CPC) to declare that the local language would be used in lower courts even for writing orders, a person say selected from Tamil Nadu may find it difficult to hold proceedings in states like Uttar Pradesh and Bihar.

The other point of opposition is that an all India service may hamper the career progression of state judicial services officers.

Another key issue the ministry has to handle in 2020 is vacancies in the 25 high courts.

Throughout 2019, on an average, the high courts faced a shortage of 400 judges.

According to Law Ministry data, as on September 1, the high courts had 414 vacant positions as compared to the sanctioned strength of 1,079 judges. The figure was 409 in August and 403 in July, as per the data.

A three-member Supreme Court collegium recommends the names of candidates for appointment as high court judges. In case of appointments to the Supreme Court, the collegium consists of five top judges of the top court.

High court collegiums shortlist candidates for their respective high courts and send the names to the law ministry.

The ministry, along with background check reports by the Intelligence Bureau, forwards it to the Supreme Court collegium for a final call.

The government has maintained that appointment of judges in the high courts is a "continuous collaborative process" between the Executive and the Judiciary, as it requires consultation and approval from various Constitutional authorities.

Vacancies keep arising on account of retirement, resignation or elevation of judges and increase in judges' strength. In June last year, the vacancy position stood at 399, while it was 396 in May.

In April, 399 posts of judges were vacant, while the figure was 394 in March. The vacancy position in February stood at 400 and in January, it was 392, according to the data collated by the Department of Justice.

Over 43 lakh cases are pending in the 25 high courts.

Another priority would be the finalisation of the memorandum of the procedure to guide the appointment and transfer of the Supreme Court and high court judges. The issue had now been pending for over two years now with the SC collegium and the government failing to reach a consensus.

Successive governments have also been working on making India a hub of international arbitration. It has taken several steps to change laws dealing with commercial disputes.

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