CJI sets up 5-judge constitution bench to hear major issues

Agencies
January 16, 2018

New Delhi, Jan 16: Amid a virtual rift between the Chief Justice Dipak Misra and four senior-most judges over assignment of important cases, the Supreme Court on Monday announced the composition of a 5-judge constitution bench headed by the CJI, which does not include them.

None of the four judges — Justices J Chelameswar, Ranjan Gogoi, M B Lokur and Kurian Joseph, feature in the list of members of the 5-judge constitution bench.

As per official information, the 5-judge bench, comprising Chief Justice Dipak Misra, Justice A K Sikri, Justice A M Khanwilkar, Justice D Y Chandrachud and Justice Ashok Bhushan, will commence the hearing on a range of crucial matters from January 17.

Meanwhile, court sources said it was not confirmed whether the CJI on Monday met the four judges who had hurled accusations against him at their controversial press conference on January 12.

As per the list of business for Tuesday, the 5-judge bench will hear major cases such as those challenging the constitutional validity of the Aadhaar Act and its 2013 judgment re-criminalising gay sex between consenting adults.

The same combination of judges had last year heard various constitution bench matters from October 10, including the power tussle between the Centre and the Delhi government over administrative jurisdiction and a matter relating to passive euthanasia.

This bench would also hear the contentious issue of the ban on the entry of women between 10 and 50 years of age in Kerala's Sabarimala temple and resume hearing a legal query on whether a Parsi woman would lose her religious identity if she marries a man from a different religion.

Another contentious matter relates to the challenge to the validity of a penal law on adultery, which only punishes a married man for having an extra-marital sexual relationship with a woman married to someone else.

The other issues to be dealt with by constitution bench include the pleas, which have raised a question as to when will a lawmaker, facing criminal trial, stand disqualified.

All these matters were earlier referred to larger benches for adjudication by different benches of the apex court.

The daily list of business for tomorrow shows that the two PILs seeking probe into Loya's death are listed before a bench headed by Justice Arun Mishra, against whom aspersions were cast by a senior advocate in public.

In their unprecedented press conference on Friday, the four senior judges of the apex court had mounted a virtual revolt against the CJI, listing a litany of problems, including the assignment of cases. They had also raised questions over listing of PILs concerning Loya's death.

An office bearer of the Supreme Court Bar Association (SCBA) said a copy of their resolution was submitted by its president Vikas Singh to the CJI yesterday, but have not heard anything from the top court as yet.

Singh had expressed hope that all judges of the apex court would consider the SCBA resolution seeking a full court discussion to defuse the crisis plaguing the higher judiciary.

The SCBA, at an emergency meeting on Saturday, had passed the resolution expressing grave concern over the differences of four senior-most judges with the CJI.

It had said that all public interest litigation (PIL) matters, including the pending PILs, should be either taken up by the CJI or be assigned for adjudication to four senior judges who are part of the apex court collegium.

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s
 - 
Tuesday, 16 Jan 2018

what about triple talaq that also looks like handiwork of BJP/RSS

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News Network
March 21,2020

Mar 21: India’s economy, already in the grip of a slowdown, is in for more pain after Prime Minister Narendra Modi appealed to citizens to stay at and work from home to curb the coronavirus outbreak.

The services sector, which accounts for about 55% of India’s gross domestic product, is poised to be the worst hit after Modi, in a late evening address on Thursday, urged citizens to go on a self-imposed curfew for a day and private companies to allow employees to work from home for longer. In the country’s vast informal sector, social-distancing measures could mean a dent to productivity and consumption because of job or pay losses.

“The impact of a partial lock-down or social distancing will be significant,” said Rahul Bajoria, a senior economist at Barclays Plc in Mumbai. “If there’s a widespread community outbreak, GDP could fall as low as 3.5% in the year starting April 1.”

Shrinking output may limit growth in an economy that’s already set to expand at an 11-year low of 5% in the current year to March 31. Before the virus outbreak, India had forecast growth to recover to 6%-6.5% in the next fiscal year. S&P Global Ratings and Fitch Ratings have already slashed their growth forecast by 50 basis points.

“The current social-distancing measures will severely impact airlines, hotels, malls, multiplexes, restaurants and retailers,” according to analysts at Crisil Ltd., the local unit of S&P Global. “Lower footfalls and occupancies, decline in business volume and sub-optimal operating efficiencies will impact cash flows of companies in these sectors,” wrote the analysts led by Chief Economist Dharmakirti Joshi.

The government will try to announce a relief package for virus-affected sectors as early as possible, Finance Minister Nirmala Sitharaman said Friday.

In a televised address, Modi advised all citizens to stay at home for a day on March 22, as he sought to stem the spread of the coronavirus -- cases of which are relatively low in India at about 200, compared with more than 200,000 infected people globally. His government also barred incoming flights for a week from that day, joining a growing list of countries effectively sealing their borders.

What Bloomberg’s Economists Say

We had only earlier this week lowered our GDP outlook to consider the direct impact of the local outbreak as confirmed virus cases exceeded 100 as of March 15 and the federal and state governments announced social distancing measures that have already started to crimp economic activity. We are now revising down our GDP estimate for 4Q fiscal 2020 to 3.3%, from our 3.5%.

-- Abhishek Gupta, India economist

For more, click here

“Consumption being the biggest component of GDP, a lock-down is bound to have a big impact on the economy,” said Devendra Kumar Pant, chief economist at India Ratings and Research, the local unit of Fitch. “Modeling uncertainty in any system will be very difficult, but one can say the slowdown could deepen or prolong further.”

Work From Home

While companies, including billionaire Mukesh Ambani-controlled Reliance Industries Ltd., are asking employees to work from home, the option isn’t feasible in India’s vast informal sector.

“The option to work remotely simply won’t exist for most,” said Shilan Shah, an economist with Capital Economics Pte. in Singapore.

As many households don’t have savings buffers, the government would probably have to back this up with large-scale cash handouts that reach the poorest, he said.

Work from home is posing implementation challenges for the manufacturing sector where workers are required to be physically present at the production sites. The services sector, such as banking and information technology, also needs employees to be present in offices as confidential data is used, according to industry group Federation of Indian Chambers of Commerce and Industry.

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News Network
May 8,2020

Aurangabad, May 8: At least 15 migrant workers, who were sleeping on the railway tracks while going back to their native places, were run over by a goods train between Maharashtra's Jalna and Aurangabad, officials said on Friday.

A senior railway official confirmed that 15 migrant labourers were run over by a goods train between Jalna and Aurangabad of Nanded Divison of South Central Railway.

The official said that the incident happened around 5.30 am on Friday when the migrant workers, who were on way back to their homes and sleeping on the railway tracks.

However, it is yet not clear from where this group hailed and where they were going.

Amid the nationwide lockdown, thousands of migrant workers stranded in several other cities have started their journey to return to their native places on foot.

The interstate bus service, passenger, mail and express train services have been suspended since March 24.

The railways has started running Shramik Special trains to transport the stranded migrants to their native places since May 1.

Till Thursday railways has run 201 Shramik Special trains.

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Agencies
July 21,2020

New Delhi, Jul 21: Air India trade unions have complained to Civil Aviation Minister Hardeep Puri that the government has now turned a blind eye to the management's ethnic cleansing at lower levels through compulsory leave without pay (LWP), redundancies and wage cuts.

In a letter to Puri, the Joint Action Forum of Air India unions said, "We are deeply ashamed to say that it seems that after praising our Air Indian Corona Warriors at grand functions, respectfully, the government has now turned a blind eye to this management's ethnic cleansing of Air Indians at the lower levels, through compulsory LWP, redundancies and wage cuts."

The Joint Action Forum of Air India unions strongly opposes this Compulsory Leave without pay scheme as it is an illegal practice and is not a voluntary scheme.

"In fact the Board resolution itself empowers the Chairman and Managing Director with extraordinary powers, which seem akin to a High Court, to pack off employees on 2 years leave (extended to 5 years) at CMD's discretion or at the arbitrary whim of the Regional heads," the trade unions said.

"This said Compulsory LWP scheme violates every labour law put in place by Parliament and orders of the Supreme Court and various other courts and seeks to dispossess the lower categories workers of their legally guaranteed rights," it added.

The trade unions have pointed out that the redundancies are at the elite management cadre level and not the workers.

"We are indeed shocked that the management of Air India could prepare and formulate a scheme for compulsorily sending workers on leave without pay, which is akin to an illegal lay-off, under the garb of a Leave Without Pay, when ironically the redundancy actually lies in the upper echelons of management and not with the humble workers of Air India, who have slogged to make our Airline the treasure it is," they complained to Puri.

"It must be noted that out of 11,000 permanent employees, our management occupies almost 25% as Executive Cadre, with little or no accountability. Solely amongst the Elite Management Cadre, we have 121 top officers ranking from DGMS, GMs, EDs to Functional Directors, most of whom are either performing duplicate job functions or are indeed redundant and not to mention the retired relics serving as consultants and also the CEOs of various subsidiary companies," they added.

Trade unions said the redundancy or compulsory leave without pay scheme if any at all, has to apply only to these Executives, more so, when they do not even have protection of labour laws or Supreme Court orders.

Strangely, the topmost corporate executive cadre and the backroom Generals, have saved themselves from the axe of wage cuts, by sacrificing a piffling of a few grand, whilst the frontline warriors of flying cabin crew, engineers, ground staff have borne the biggest brunt head on, the unions said.

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