Parliament approves historic law to overturn collegium system

August 14, 2014

New Delhi, Aug 14: Overcoming resistance by the judiciary, Parliament today took the much-delayed historic step of clearing two bills to have a new mechanism to appoint judges to higher courts and scrap the collegium system which has been under severe criticism.Parliament

Rajya Sabha approved with overwhelming majority the 121st Constitution Amendment Bill along with the National Judicial Appointments Commission Bill, 2014, a day after Lok Sabha gave its nod to the measure with a crucial amendment of the opposition Congress being accepted by the government.

The Constitution Amendment Bill was passed with 179 votes in favour among 180 votes polled while noted lawyer Ram Jethmalani abstained. The Appointments Commission Bill was approved by voice vote.

Approval of the 245-member Upper House to the measure is significant as ruling NDA is in a minority there. The two measures were taken up separately after questions were raised by members over legislative competence of the House amid apprehensions that it could be struck down by the judiciary as 'ultra vires'.

A determined government asserted that Parliament is supreme and competent enough to enact laws and that it has no intention of transgressing on independence of the judiciary through the new law.

Law Minister Ravi Shankar Prasad underlined that the new measure of appointing judges to Supreme Court and High Courts will come into effect only after ratification of the Constitution Amendment Bill by 50 per cent state assemblies. The process could take up to eight months. After ratification, government will send it to the President for his approval.

With this step, the collegium system of judges appointing judges will be changed with a six-member Commission headed by Chief Justice of India making the appointments and transfers.

There have been several attempts to overturn the 20-year-old collegium system in the past, including by the previous NDA and UPA governments. The effort finally fructified on the last day of the first working session of Parliament under the new government.

To bring Opposition on board, government had yesterday dropped a controversial provision that required unanimity in recommendation if President seeks reconsideration.

The amendment dropped the provision requiring unanimity in the Commission's recommendation if President had referred the earlier recommendation back to the collegium for reconsideration.

The Constitution amendment bill will grant Constitutional status to the NJAC and its composition. The NJAC Bill, passed along with the statute amendment bill, lays down the procedure to be adopted by the commission for elevation of Supreme Court judges and transfer and posting of Chief Justices and other judges of the 24 High Courts.

Under the statute amendment bill, Chief Justice of India will head the NJAC. Besides the CJI, the judiciary would be represented by two senior judges of the Supreme Court. Two eminent personalities and the Law Minister will be the other members of the proposed body.

In his intervention, Finance Minister Arun Jaitley, a noted lawyer, said since there is a marginal role of the executive in the current system, "the effort is now to restore what is the spirit of the original Constitution" with checks and balances in place.

Prasad rejected the opposition charge that the measure was being brought in haste, saying the exercise has been going on for two decades during which several committees have recommended for changing the collegium system.

"Why is Parliament wary of using its powers? Parliament must have full trust in the ability of Parliament to pass the law," he said. Prasad said the power of appointing a judge rests with the President of India. "This House respects the independence of the judiciary and this House also respects the power of Parliament," he said.

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News Network
May 11,2020

Kolkata, May 11: Murshidabad district, one of the biggest contributors to the army of migrant workers from West Bengal, received news of unnatural deaths of three of these people since Saturday. While two died in Kerala, one was found dead in a rented house in Odisha.

Residents of Baliaghati village in Murshidabad’s Suti police station area said Safikul Sheikh (31) was killed in a road accident in Kerala. Sheikh’s associates called up his family on Sunday morning and said he had gone to a local market, violating lockdown orders, when the accident took place. Sheikh wanted to return home before Eid but got stranded.

Mohammad Hafijul, one of Sheikh’s relatives, said, “A few days ago a special train from Kerala carried migrant workers to Murshidabad but Safikul did not have the money to buy a ticket. We do not know how his body will be brought back.”

In another incident, a 24-year-old resident of Domkal allegedly hanged himself in Kerala on Saturday. He used to work in a brick kiln. His mother said, “My son was depressed as he could not buy a ticket to board the special train that came to Murshidabad. We have appealed to the local administration to bring back his body.”

In the third incident, Bakul Sheikh (24) died under mysterious circumstances at Sonepur in Odisha where he went five months ago to work as a mason. Sheikh hails from Kohetpur village in Shamserganj. His relatives told the local police that his associates called up and said he was found dead inside the toilet of the house where he was living with other migrant workers.

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Agencies
July 23,2020

Jerusalem, Jul 23: Merging Israel's technological expertise with India's mass production capabilities, experts from the two countries have joined hands to develop rapid testing for Covid-19 in under 30 seconds.

Israel will soon send a high-level research delegation to India to conduct a series of "final stages of testing" as part of the joint effort to develop the rapid testing kits for Covid-19 .

A high ranking team from the Directorate of Defence Research and Development (DDR&D), in the Ministry of Defense, which has been working with India's DRDO to develop rapid testing for Covid-19 in under 30 seconds, is to leave from Tel Aviv to New Delhi on a special flight in a few days, Israel's Ministry of Defence said in a statement on Thursday.

Israel's Ministry of Foreign Affairs (MFA) and Ministry of Health are also involved in this unprecedented cooperation between the two countries which aims at "merging Israeli technology with Indian development and production capabilities to allow a swift resumption of normal life alongside the virus".

The DDR&D team will conduct a series of "final stages of testing" to determine the effectiveness of a number of rapid diagnostic solutions with their Indian counterparts.

Since the start of the pandemic, the DDR&D has tested dozens of diagnostic technologies. Some of them have matured and passed initial trials in Israel, however in order to complete testing and prove their effectiveness, these must be tested on a wide range of patients, IMoD said.

The four tech systems that will be tested are - voice test, breathalyzer test based on terra-hertz waves, isothermal test, and polyamino acids test.

"What they all have in common is the ability to detect the presence of the virus in the body quickly- usually within minutes. Developing diagnostic capabilities is a goal for the State of Israel and of many additional countries around the world. It is the most effective way to cut off 'chains of infection', prevent prolonged quarantine and enable the reopening of the global economy," the statement said.

"We hope that the research and development led by the DDR&D together with our excellent industries and academic institutions, will lead to a breakthrough that will change the way we diagnose and fight the virus, while giving the boost necessary to 'restart' our economy," Defense Minister Benny Gantz said.

Foreign Minister Gabi Ashkenazi noted that this cooperation provides a unique opportunity for scientific and technological cooperation that can assist Israel, India and the world in coping both with the pandemic and with the economic crisis that came with it.

The cooperation between Israel and India will enable the delegation and its Indian counterparts, to collect tens of thousands of samples in just ten days, and analyze them using computer systems based on artificial intelligence. This massive sampling will shorten processes and advance the approval of effective technology. All tests will be validated using PCR tests.

"The cooperation between India and Israel on Covid-19 is a good example of harnessing the scientific and technological strengths that the two countries have for larger, common good. It will also further deepen our strategic ties,” India's Ambassador Sanjeev Singla told PTI.

The flight will be carrying some breakthrough emerging Israeli technologies for combatting Covid-19, which have been donated by the Israeli foreign ministry and the private sector, in order to bolster India’s response to the virus outbreak.

The plane will also deliver mechanical ventilators which were given special permission by Israel for export to India.

Prime Minister Narendra Modi and his Israeli counterpart Benjamin Netanyahu have held three telephonic conversations since the outbreak of the pandemic and promised mutual assistance in dealing with the virus, committing to joint technological and scientific research between the countries.

The Israeli media widely reported that Modi lifted a ban on the export of Hydroxychloroquine at Netanyahu's request.

"The past few years have cemented the strategic relations between India and Israel and have included two historical visits of the Prime Ministers in Israel and in India," a press statement from the ministry of defence said.

"India seeks to integrate advanced technologies in its hospitals as they prepare to treat massive waves of Covid-19 patients on an Indian scale. The Israeli companies chosen by the MFA, MOD and Israel Defence Forces to be sent to India are potentially given unique access to one of the largest economies in the world to provide monitoring and treatment technologies while significantly reducing contact between the patients and the medical staff," it said.

"By opening the door to India’s market with its development and production capabilities, these Israeli technologies can be mass produced at a lower cost and could in future be jointly exported to third countries," it said.

"The COVID-19 pandemic is a global challenge, so it is only right that the solution be a global scientific cooperation between countries. India and Israel’s military R&D cooperation is well known for its success. I have no doubt the same will be seen in the private sector joined by brilliant scientific minds from both countries to introduce a breakthrough in swift and simple testing procedures,” said Prof. Nati Keller, an infectious diseases specialist from Sheba Medical Center, who is leading the medical side of the delegation.

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News Network
January 21,2020

Amaravati, Jan 21: Telugu Desam Party president N Chandrababu Naidu and at least 17 MLAs of his party were taken in police custody late on Monday as they tried to conduct a foot march from the state assembly to nearby Mandadam village in violation of prohibitory orders.

TDP leaders started off on the march after staging a sit-in near the assembly main entrance following the suspension of 17 MLAs from the House for the day.

They were protesting the AP Decentralisation and Inclusive Development of All Regions Bill, 2020, that was passed by the assembly, enabling the establishment of three capitals for the state.

The TDP leaders were taken to the Mangalagiri police station.

Meanwhile, tensions prevailed at the Jana Sena Party headquarters at Mangalagiri as police prevented its president Pawan Kalyan from proceeding to the Amaravati region to speak to protesters fighting for the retention of only one capital for the state.

DIG Kanti Rana Tata and other senior police officials reached the Sena office and blocked the exit of Kalyan and political affairs committee chairman Nadendla Manohar, resulting in an argument.

Kalyan asked how could police impose restrictions within his own office.

Scores of Sena workers gathered outside the office even as a large posse of police was posted to thwart Kalyan and other leaders' plans.

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