President, Sonia express concern over lynching incidents

Thiruvananthapuram, Feb 7: Kerala Finance Minister T M Thomas Isaac on Friday began presenting the fifth budget of the CPI(M)-led LDF government for the 2020-21 fiscal by making remarks against the Citizenship Amendment Act and the unanimous resolution passed by the state assembly against it.

Stating the amended act was posing a threat to the basic credentials of the Constitution, he said the country was witnessing the biggest protests ever in the post-Independence era.

Students and women are at the forefront of the anti- CAA agitations and the hope of the country lies in the youth who hit the streets vowing they would not let the country down, he said.

Coming down heavily on the BJP-led NDA government at the Centre, Isaac said a communalised government machinery, leaders who talk only about "disgust and hatred" and their party workers who consider violence as their duty was the current reality in the country.

"Generally speaking, it is the present India...The concerns triggered by Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC) are beyond words. The fear of detention centres are hanging above the head of over 19 lakh people of Assam who have lived as Indians till yesterday," he said.

Quoting from a poem 'Fear' by a 15-year old boy from Wayanad Dhruvath Gautham who wrote 'fear is country and silence is an ornament!,' Isaac said "even the imagination of our children is now filled with fear".

Referring to the stringent opposition raised by the Left government in the state against the CAA and NRC, the finance minister lavished praise on the joint protests led by the ruling LDF and opposition UDF against the central act.

Setting aside political differences, the rival fronts in the state had joined hands to protest when the country had faced existential threat which had become a model for other states, he said.

When Chief Minister Pinarayi Vijayan and Leader of the Opposition Ramesh Chennithala jointly protested at the same venue against CAA, Kerala became a model to other states, the senior leader added.

The state showcased the same unity while passing a resolution requesting the centre to repeal the CAA and filing a suit in the apex court against this under the Article 130, he said.

"The country's economy is heading towards a severe economic crisis like that witnessed in 2009," he said.

Earlier, the references to anti-CAA protests had found a place in the Pinarayi Vijayan government's policy address also.

While presenting the policy address in the House, Governor Arif Mohammed Khan had read out references to anti- CAA resolution passed by the house, despite disagreeing with it.

Reading out the the anti-CAA stand of the state government, the Governor said "our citizenship can never be on the basis of religion as this goes against the grain of secularism which is part of the basic structure of our constitution.

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.

Thiruvananthapuram, Apr 11: The effective handling of Covid-19 pandemic by the Kerala Government has received a big endorsement in the International media with the latest being a report in Washington Post which suggests that the State’s success could prove instructive to the entire country.

The Washington Post quoted Kerala Health Minister K K Shailaja Teacher as saying “We hoped for the best but planned for the worst. Now, the curve has flattened, but we cannot predict what will happen next week.”

"The Minister said six states had reached out to Kerala for advice. She, however, noted that it might not be easy to replicate Kerala’s lessons elsewhere," according to the Minister's office quoting the report here on Saturday.