SC suspends triple talaq for 6 months, asks Parliament to make a law

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.

Bengaluru, Jan 3: The Karnataka high court on Thursday issued notices to the Railway Board and the South Western Railways on a petition seeking review of superfast surcharge being levied on passengers in Malgudi Express train.

Petitioner and Mysurubased advocate Mohammed Dastagir, in a public interest litigation claimed that as per the circular issued by the Railway Board on December 10, 2006, Malgudi Express — which runs from Mysuru to Yelehanka — is not designated as a superfast train and despite the same, the authorities are illegally collecting additional charges known as supplementary charges ranging from Rs 15 to Rs 75 from passengers.

A division bench headed by Chief Justice Abhay Shreeniwas Oka posted the petition to second week of February.

Mumbai, Feb 17: The Shiv Sena on Monday said the ongoing preparation for the much awaited visit of US President Donald Trump is a reflection of the "slave mentality" of Indians.

Trump's India trip is like the visit of a "Badshah" (emperor), an editorial in Sena mouthpiece 'Saamana' said.

Taking a dig at the construction of a wall on a plot having several slum structures in Ahmedabad ahead of Trump's visit there, the Sena said the US president's trip would neither stop the fall of rupee's value in forex market nor offer betterment to those (slum dwellers) behind the wall.

"Before Independence, British King or Queen used to visit one of their slave nations like India. The kind of preparations going on from taxpayers' money for the arrival of Trump is similar to it. This reflects the slave mentality of Indians," it said.

The Sena also took a swipe at Prime Minister Narendra Modi over the Ahmedabad Municipal Corporation's (AMC) move to build wall on a plot to "hide the slums" on the route through which Trump's convoy would pass.

"Former prime minister Indira Gandhi had once given the slogan 'Garibi Hatao', which was ridiculed for a long time. It seems now Modi's plan is 'Garibi chupao' (hide poverty)," the Marathi publication said.

Is there any financial allocation for such a wall being built in Ahmedabad? Is the US going to offer loan to India to build such walls across the country? it wondered.

"We have heard Trump is going to be in Ahmedabad for only three hours but the wall construction is costing almost Rs 100 crore to the state exchequer," it said.

It is basically a political arrangement between Prime Minister Modi and US President Trump, the Sena claimed.

Last year, 'Howdy, Modi!' (a mega event jointly addressed by the Indian prime minister and Trump) was organised in the US, it noted.

A similar programme, "Kem Chho Trump" (Gujarati expression for how are you Trump), has been now organised (in Ahmedabad) ahead of the US elections, chiefly because of a sizable number of Gujarati people living in America, the Shiv Sena claimed.

"But this visit of President Trump is neither going to stop further fall of rupee in the forex market nor offer betterment to those behind the wall (being built in front of slums in Ahmedabad)," it said.

The Sena said Trump is "not someone very wise or a statesman or someone who cares for the whole world", but he has to be treated with respect as he represents the mighty US.

"Sometimes you have to treat someone with respect to get your things done," it quipped.

The AMC on Friday said the construction of the wall, around four feet in height, was approved much before Trump's Gujarat visit was finalised.

Trump is scheduled to visit Modi's home state Gujarat on February 24.

He will visit the famous Sabarmati Ashram in Ahmedabad and take part in a roadshow with Modi. After that, the two leaders will inaugurate a new cricket stadium in Motera and address a gathering there, with an expected audience of over a lakh people.

While it was earlier speculated that the programme would be called 'Kem Chho Trump', the Ahmedabad Municipal Corporation on Sunday tweeted a series of posters confirming that the event is now christened as 'Namaste Trump', apparently to give it a pan-India appeal.