Chief Justice of India office under Right to Information: Supreme Court

Agencies
November 13, 2019

New Delhi, Nov 13: The Supreme Court on Wednesday held that the office of the Chief Justice of India is a public authority and falls within the ambit of the Right to Information Act.

A five-judge Constitution bench headed by Chief Justice Ranjan Gogoi upheld the 2010 Delhi High Court verdict and dismissed three appeals filed by Secretary General of the Supreme Court and the Central Public Information officer of the apex court.

Cautioning that RTI cannot be used as a tool of surveillance, the top court in its judgement held that judicial independence has to be kept in mind while dealing with transparency.

The bench, also comprising Justices N V Ramana, D Y Chandrachud, Deepak Gupta and Sanjiv Khanna, said that only the names of judges recommended by the Collegium for appointment can be disclosed, not the reasons.

While the CJI and Justices Deepak Gupta and Sanjiv Khanna have penned one judgement, Justices Ramana and Chandrachud have written separate verdicts.

It said that the Right to Privacy is an important aspect and it has to be balanced with transparency while deciding to give out information from the office of the Chief Justice.

Justice Chandrachud, who wrote a separate judgment, said the judiciary cannot function in total insulation as Judges enjoy constitutional post and discharge public duty.

Justice Sanjiv Khanna said independence of judiciary and transparency go hand in hand.

Justice Ramana, who concurred with Justice Khanna, said there should be balancing formula for Right to Privacy and Right to transparency and independence of judiciary should be protected from breach.

The High Court on January 10, 2010 had held that the CJI office comes within the ambit of the RTI law, saying judicial independence was not a judge's privilege, but a responsibility cast upon him.

The 88-page judgement was seen as a personal setback to the then CJI, K G Balakrishnan, who has been opposed to disclosure of information relating to judges under the RTI Act.

The high court verdict was delivered by a three-judge bench comprising Chief Justice A P Shah (since retired) and Justices Vikramjit Sen and S Muralidhar. The bench had dismissed a plea of the Supreme Court that contended bringing the CJI's office within the RTI Act would "hamper" judicial independence.

Justice Sen retired as the judge of the apex court, while Justice Murlidhar is a sitting judge of the High Court.

The move to bring the office of the CJI under the transparency law was initiated by RTI activist S C Agrawal. His lawyer Prashant Bhushan had submitted in the top court that though the apex court should not have been judging its own cause, it is hearing the appeals due to "doctrine of necessity".

The lawyer had described the reluctance of the judiciary in parting information under the Right To Information Act as "unfortunate" and "disturbing", asking: "Do judges inhabit different universe?" He had submitted that the apex court has always stood for transparency in functioning of other organs of State, but it develops cold feet when its own issues require attention.

Referring to the RTI provisions, Bhushan had said they also deal with exemptions and information that cannot be given to applicants, but the public interest should always "outweigh" personal interests if the person concerned is holding or about to hold a public office.

Dealing with "judicial independence", he said the National Judicial Accountability Commission Act was struck down for protecting the judiciary against interference from the executive, but this did not mean that judiciary is free from "public scrutiny".

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Agencies
April 23,2020

New Delhi, Apr 23: The nationwide lockdown in India which started about a month ago has impacted nearly 40 million internal migrants, the World Bank has said.

The lockdown in India has impacted the livelihoods of a large proportion of the country's nearly 40 million internal migrants. Around 50,000 60,000 moved from urban centers to rural areas of origin in the span of a few days, the bank said in a report released on Wednesday.

According to the report -- 'COVID-19 Crisis Through a Migration Lens' -- the magnitude of internal migration is about two-and-a-half times that of international migration.

Lockdowns, loss of employment, and social distancing prompted a chaotic and painful process of mass return for internal migrants in India and many countries in Latin America, it said.

Thus, the COVID-19 containment measures might have contributed to spreading the epidemic, the report said.

Governments need to address the challenges facing internal migrants by including them in health services and cash transfer and other social programmes, and protecting them from discrimination, it said.

World Bank said that coronavirus crisis has affected both international and internal migration in the South Asia region.

As the early phases of the crisis unfolded, many international migrants, especially from the Gulf countries, returned to countries such as India, Pakistan, and Bangladesh until travel restrictions halted these flows.

Some migrants had to be evacuated by governments, such as those of China and Iran, it said.

Before the coronavirus crisis, migrant outflows from the region were robust, the report said.

The number of recorded, primarily low-skilled emigrants from India and Pakistan rose in 2019 relative to the prior year but is expected to decline in 2020 due to the pandemic and oil price declines impacting the Gulf countries.

In India, the number of low-skilled emigrants seeking mandatory clearance for emigration rose slightly by eight percent to 368,048 in 2019.

In Pakistan, the number of emigrants jumped 63 per cent to 6,25,203 in 2019, largely due to a doubling of emigration to Saudi Arabia, it said.

According to the bank, migration flows are likely to fall, but the stock of international migrants may not decrease immediately, since migrants cannot return to their countries due to travel bans and disruption to transportation services.

In 2019, there were around 272 million international migrants.

The rate of voluntary return migration is likely to fall, except in the case of a few cross-border migration corridors in the South (such as Venezuela-Colombia, Nepal-India, Zimbabwe South Africa, Myanmar-Thailand), it said.

Migrant workers tend to be vulnerable to the loss of employment and wages during an economic crisis in their host country, more so than native-born workers.

Lockdowns in labour camps and dormitories can also increase the risk of contagion among migrant workers.

Many migrants have been stranded due to the suspension of transport services. Some host countries have granted visa extensions and temporary amnesty to migrant workers, and some have suspended the involuntary return of migrants, it said.

Observing that government policy responses to the COVID-19 crisis have largely excluded migrants and their families back home, the World Bank said there is a strong case for including migrants in the near-term health strategies of all countries, given the externalities associated with the health status of an entire population in the face of a highly contagious pandemic.

The Bank said governments would do well to consider short, medium and long-term interventions to support stranded migrants, remittance infrastructure, loss of subsistence income for families back home, and access to health, housing, education, and jobs for migrant workers in host/transit countries and their families back home.

The pandemic has also highlighted the global shortage of health professionals and an urgent need for global cooperation and long-term investments in medical training, it said.

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Agencies
May 25,2020

Lucknow, May 25: Migrant workers who wish to return to their places of work after the lockdown is lifted, may no longer find the going easy now.

Uttar Pradesh Chief Minister Yogi Adityanath has said that his government will lay down stringent conditions for ensuring social security of workers from the state who are hired by other states.

"Other states will also need to seek permission from his government before engaging workers from UP," he said while addressing a webinar on Sunday.

The Chief Minister stated, "If any state wants manpower, the state government will have to guarantee social security and insurance of the workers. Without our permission they will not be able to take our people," he said.

He said all migrant workers who have returned to the state were being registered and their skills were being mapped by the administration. Any state or entity interested in hiring them will need to take care of their social, legal and monetary rights.

Speaking about the challenges his administration had faced during this crisis, the Chief Minister said, "When I talk of Uttar Pradesh, then it is natural to say that it is the state with the highest population. We have faced several challenges during the lockdown. At the beginning, migrant workers and labourers started coming to the state. We deployed 16,000 buses and within 24 hours, they were brought back to their home districts and arrangements were made to screen them."

Yogi Adityanath took a dig at the opposition leaders for the migrant crisis. "During the lockdown, if those who now raise slogans for the poor had honestly cared about workers, then migration could have been stopped. This did not happen. No facilities were given. At several places, electricity connections were cut, so people had to migrate." he said.

Legal experts, meanwhile said that requiring government permission for employing people could face a legal challenge as the Constitution guarantees the freedom of movement and residence and employment of workers.

"Article 19 (1)(D) guarantees freedom to move freely, and 19(1)(e) the freedom to settled in any part of the countryso the need for permission can be legally challenged," said a senior lawyer.

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Agencies
February 10,2020

New Delhi, Feb 10: After an hour-long standoff between the security forces and the students on Monday, the police resorted to a lathi-charge on the protesters near Holy Family hospital which is within walking distance of Jamia Millia Islamia.

A scuffle ensued when police confronted the protesters who tried to push forward towards Parliament. The lathi-charge was made to push back the protesters.

In the melee that ensued, many from both sides fainted.

Some security forces personnel resorted to the lathi-charge while others pushed back the protesters when they threw water pouches at the security forces and abused them.

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