Judges appt not part of judiciary's independence: Gowda

June 11, 2015

New Delhi, Jun 11: Appointment of judges is not an integral part of independence of judiciary, asserts Law Minister D V Sadananda Gowda, who also dismisses fears that the National Judicial Appointments Commission is tilted in favour of the executive.sadananda gowda

He also asserts that the primacy of the judiciary will always be there in the appointments, notwithstanding the fact that the collegium will not exist.

"The appointment of judges is not an integral part of independence of the judiciary. The appointment of judges is an executive function because the orders will be issued by an executive order.

"It passes through the various stages and goes to the Prime Minister. Finally the President will act. So, it will not be a judicial order, it will be an executive function," he told in an interview.

Gowda's remarks come in the midst of a hearing in the Supreme Court on the validity of the NJAC Act in which the Centre has attacked the collegium system of judges appointing judges saying that it did not follow the principle of meritocracy in which many "undeserving" persons became judges.

Gowda also responded to a question on fears that the end of the over two decade-long collegium system would mean an end of the judiciary's supremacy in appointing judges.

"Taking (away) the primacy of judiciary...that does not arise. Apart from that, I want to make it very clear that the constitution of the NJAC is made in such a way that the responsibility of the Executive is very little. Only one member of the government (the Law Minister) is there.

"The primacy of the judiciary is kept, because it is presided over by the Chief Justice of India and two senior judges of the Supreme Court are the members. Two eminent persons will be selected by the PM, the Leader of the Opposition (in the Lok Sabha) and the CJI," Gowda said.

Under the collegium system, the CJI, along with four other senior judges of the Supreme Court, used to recommend names of judges for the apex court and 24 High Courts.

Government was free to return their recommendation only once for reconsideration.

Responding to suggestions that the two eminent persons on the Commission could 'tilt' the decisions in favour of the government, the Law Minister said the PM, CJI and Leader of the Opposition who nominate the two eminent persons to the Commission "are from three (different) corners".

"In democracy, at no point of time, the Opposition and ruling party have gone together, nowhere in the history. Judiciary can't say that the opposition leader and PM will join hands. It is highly impossible on this earth.

"So, selection of two eminent personalities is also done in such a way, it is very transparent and it cannot be biased or it cannot be single-sided action. The CJI presides over the commission and veto powers are there. So nobody can say that," he said.

Responding to the people who come in the criteria of being 'eminent persons', he said at the meeting of the selection committee, everybody can suggest the norms on who can be the eminent person.

"The criteria and other things, credentials can also be discussed in the committee. It is quite transparent just like debate in Parliament," he said.

He also expressed concern at the over 350 vacancies in 24 high courts. The rise in vacancies is also due to the fact that government had recently enhanced the strength in HCs by 25 per cent.

"But we thought that NJAC, as soon as it is formed, vacancies will be cleared immediately. But as the NJAC Act is under judicial scrutiny, a little delay is there. I do concede. But we requested the Supreme Court for extension of period of some additional judges. They have extended their tenure for three months.

"The vacancies have to be filled up. These include the enhanced strength of 25 per cent. The vacancies will continue till the case is settled. Certainly. Unless the Supreme court gives its judgement, we are not in a position to go ahead," he said.

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Agencies
June 29,2020

From March through May, around 1 crore migrant workers fled India’s megacities, afraid to be unemployed, hungry and far from family during the world’s biggest anti-Covid-19 lockdown.

Now, as Asia’s third-largest economy slowly reopens, the effects of that massive relocation are rippling across the country. Urban industries don’t have enough workers to get back to capacity, and rural states worry that without the flow of remittances from the city, already poor families will be even worse off -- and a bigger strain on state coffers.

Meanwhile, migrant workers aren’t expected to return to the cities as long as the virus is spreading and work is uncertain. States are rolling out stimulus programs, but India’s economy is hurtling for its first contraction in more than 40 years, and without enough jobs, a volatile political climate gets more so.

“This will be a huge economic shock, especially for households of short-term, cyclical migrants, who tend to come from vulnerable, poor and low-caste and tribal backgrounds,” said Varun Aggarwal, a founder of India Migration Now, a research and advocacy group based in Mumbai.

In the first 15 days of India’s lockdown, domestic remittances dropped by 90%, according to Rishi Gupta, chief executive officer of Mumbai-based Fino Paytech Ltd., which operates the country’s biggest payments bank.

By the end of May, remittances were back to around 1750 rupees ($23), about half the pre-Covid average. Gupta’s not sure how soon it’ll fully recover. “Migrants are in no hurry to come back,” Gupta said. “They’re saying that they’re not thinking of going back at all.”

If workers stay in their home states long term, policymakers will have more than remittances to worry about. If consumption falls and the new surplus of labor drives wages down, Agarwal said, “there will also be a second-order shock to the local economy. Overall, not looking good.”

India announced a $277 billion stimulus package in May and followed it up with a $7 billion program aimed at creating jobs for 125 days for migrants in villages across 116 districts. Separately, local authorities are also looking for solutions.

Officials in Bihar have identified 2,500 acres of land that could be made available to investors, said Sushil Modi, deputy chief minister of Bihar, a state in east India. “We can use this crisis as an opportunity to speed up reforms,” he said.

The investors haven’t materialised yet, and in the meanwhile, state governments are relying on the national cash-for-work program that guarantees 100 days worth of wages per household.

Skilled workers don’t want to do manual labor offered through the program, and even if they did, says Amitabh Kundu of RIS, many think of it as beneath their station. “There will be an increase in social tensions,” he predicts. “Caste may again start playing a role. It’s absolute chaos.”

For skilled workers, initiatives vary:

* Uttar Pradesh, which received 3.2 million people, is compiling lists of skilled workers who need employment and trying to place them with local manufacturing and real estate industry associations. So far, the government says, it’s placed 300,000 people with construction and real estate firms.

* Bihar has placed returners in state-run infrastructure projects and hired others to stitch uniforms and make furniture for government-run schools, even as they waited in quarantine centres, said Pratyay Amrit, head of the state’s disaster management department.

* The eastern state of Odisha announced an urban wage employment program aimed at putting as many as 450,000 day labourers to work through September. Some 25,000 people have been employed, so far, under the scheme, G. Mathivathanan, principal secretary for housing and urban development said.

Attracting Investments

It’s not clear any of this will be enough to make a dent, says Ravi Srivastava, professor at New Delhi-based Institute of Human Development, adding that the states don’t have much of a track record on economic development.

“It was the failure of these states to improve governance and put development plans in place that led to the out-migration in the first place,” he said.

But officials and workers’ rights advocates see opportunity. Uttar Pradesh has established liaisons to encourage companies from the US, Japan and South Korea to establish manufacturing in the state. There and in Madhya Pradesh and Rajasthan, the government has made labour laws more friendly to employers, making it easier to hire and fire workers.

Modi, the minister from Bihar, said the migration may also give workers--historically a disenfranchised group--new power, particularly as urban centres struggle. “The way industries treated workers during the lockdown -- didn’t pay them, the living conditions were poor -- now these industries will realize the value of this force,” Modi said.

“In the days to come, labour will emerge as a force that can’t be ignored anymore,” he added. “That’s the new normal. We will work out how to ensure dignity, rights to our people who are going to work in other states.”

Bihar is due for elections by November, a vote that could be an early test of the mass migration’s political consequences. The state is currently governed by a coalition that includes Prime Minister Narendra Modi’s Bharatiya Janata Party. Amitabh Kundu, a fellow at the Research and Information System for Developing Countries, a New Delhi-based government think-tank, said migrant workers are likely to be angry voters.

“Chief ministers are telling these migrants that they will not have to go back for work,” he said. “But their capacity to do something miraculous in the next four to five months is doubtful. If they can retain even one-fourth of the migrants, I would call it a success.”

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News Network
April 8,2020

Bengaluru, Apr 8: The University Grants Commission (UGC) has asked all universities and higher education institutions across the nation to set up helpline to combat mental health issues among students during the Covid-19 crisis and nation-wide lockdown period.

In an official circular, the UGC stated that, "It is important to address psychological concerns of students and to address mental health and for the well-being of students, universities/colleges and higher education institutions should setup mental health helplines."

These helplines need to be monitored by counselors and other identified faculty members. "It is important for students to stay calm and stress-free. This can be achieved through telephones, e-mails, digital and social media platforms," says UGC.

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Agencies
August 5,2020

Ayodhya, Aug 5: After laying the foundation stone for the Ram temple in Ayodhya on Wednesday, Prime Minister Narendra Modi termed the 'bhoomi pujan' event as an "emotional moment" for the entire country and added that "every heart is illuminated today".

"Every heart is illuminated; it is an emotional moment for the entire country... A long wait ends today... A grand temple will now be built for our Ram Lalla who had been living under a tent for many years," said Prime Minister Modi at foundation stone-laying ceremony of the Ram temple.

"With the construction of this temple, not only history is being made, but is being repeated. 

The way boatmen to tribals helped Lord Ram, the way children helped Lord Krishna lift Govardhan mountain, similarly, with everyone's efforts temple construction will be completed," he added.

Earlier today, Prime Minister Modi conducted 'bhoomi pujan' for the construction work of Ram temple.

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