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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Agencies
May 14,2020

Wayanad, May 14: Coronavirus scare has gripped the police in the district as around 70 personnel, including their chief, have gone on quarantine as a precautionary measure after three colleagues tested positive for the pathogen.

A day after three personnel of Mananthavady police station tested positive for COVID-19, District Superintendent of Police R Illango said on Thursday he and others decided to quarantine themselves as they had been in contact with some other colleagues from the station. Twenty four personnel, including a Deputy Superintendent of Police, have gone on quarantine after giving their samples for testing three days ago as a measure of abundant caution after a man questioned in Manathavady police station in connection with a case tested positive for the virus on May 9.

Of the 24, results of 18 have been received so far and three personnel tested positive on Wednesday, following which the station has been disinfected and virtually closed and contact tracing underway.

On Wednesday, the SP and some other police personnel had interacted with the DySp for close to an hour at a checkpost following which over 40 police personnel have voluntarily decided to go on quarantine.

"We are actually being over cautious. I have spoken to all the policemen. We know we are in the high-risk job. We are concerned that we might spread it to family members, public, or colleagues. So we want to maintain extreme caution", Illango, who is on home quarantine, told PTI.

With the three personnel testing positive in the state, Kerala Director General of Police Loknath Behera said the force should take all necessary precautions and fearlessly go ahead in the fight against the virus.

The three from Manathavady are believed to have contracted the virus after they came in contact with a man who was called to the station in connection with a case on April 28 and May 2. He later tested positive for COVID-19 on May 9. This man is suspected to be a contact of a truck driver, who has turned out to be a super spreader after returning to the district from Chennai's Koyambedu market, a hotspot, and had infected at least 10 others, including his wife, mother and grandchild.

The Mananthavady police station has been disinfected with the help of the Health Department and Fire Force personnel. Computers and wireless equipment have been shifted to other police buildings and the station's charge has been temporarily given to Vallamunda Station House Officer, a release from the DGP's office said. Two police personnel wearing personal protection equipment (PPE) kits would be at the station to take care of necessary work and a health worker posted to help them, it said.

Police personnel from other stations have been mobilised to meet any shortage, Illangosaid adding they need not come to the police station but directly go to the duty points. Meanwhile, the district health authorities said the standard operating procedure (SOP) has been initiated as soon as the test results of the three came by Wednesday noon. Accordingly, all personnel who were on duty were sent to nearby lodges and resorts for quarantine.

One of the policemen who tested positive had been to Sulthan Bathery police station and Muthanga area, where the DySP and few other officials were also present. This is being seen as a lapse on the part of the police department. However, police sources said none had directed the 24 personnel, whose samples were collected on Monday, to go on quarantine or abstain from duty. The health department is trying to map out the contact list of the police personnel to contain further spread from their direct and secondary contacts.

According to police sources, the Sulthan Bathery Circle Inspector, two sub-inspectors and about 18 police personnel of the Mananthavady police station are among those who have been put on quarantine. As part of containment measures, the courts in Sulthan Bathery and Mananthavady have been closed on Thursday, officials said. 

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News Network
January 30,2020

Mumbai, Jan 30: Speaking at an event, Samajwadi Party (SP) leader Abu Azmi's son and businessman, Farhan Azmi said that if CM Uddhav Thackeray will build lord Ram's Temple at Ayodhya then he will build Babri Masjid there. He said, "My problem is with Uddhav Thackeray.

I respect him a lot and if in Shiv Sena somebody really deserves respect, then it is no other than Uddhav Thackeray. He never runs a government and I don't think he is running his party correctly.

If being the Chief Minister, Uddhav Thackeray says he is going to Ayodhya on 7th March, I will also go with him. He will build lord Ram's Temple and we will build Babri Masjid."

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April 16,2020

New Delhi, Apr 16: South Delhi District Magistrate Brij Mohan Mishra on Thursday said that the administration is investigating how the pizza delivery boy contracted the coronavirus.

"In the last 15 days, we discovered houses he had delivered food. We contacted people living in 72 houses and they have been asked to stay in-home quarantine. No symptoms have been seen in people related to him. 

Testing of his roommate has been done and his reports are awaited. The rest of the people don't have any symptoms, they have been placed under institutional quarantine. Those in-home quarantines are also asymptomatic," Mishra said.

"Unless a positive case comes, we feel that transmission has not taken place. The boy told us that he was continuously wearing a mask while delivering the food. We are also finding out how he got infected. We are getting the information about the places he visited for delivery. He was tested on the basis of the doctor's advice. Later, he tested positive," he said.

72 families have to stay in home quarantine in the Malviya Nagar area after the delivery boy tested positive for COVID-19 on Wednesday.
Delhi Health Minister Satyendra Jain said that 17 other delivery boys linked with the infected person have also been placed under institutional quarantine.

"A pizza delivery boy has been detected with COVID-19 here. 17 other delivery boys linked with him have been placed under institutional quarantine and 72 people have been placed under home quarantine," Jain said.

Food delivery app Zomato said that the staff of the infected person's restaurant has delivered some orders which were placed on its platform.

"We've been made aware today that a restaurant's employee, who has been recently tested positive for COVID-19, had delivered food in the past to a few customers in the Malviya Nagar area in Delhi. All these customers have already been contacted by the govt authorities... We are not sure whether the rider was infected at the time of delivery," the company said in a statement.

Zomato also claimed that colleagues of the delivery boy have tested negative for COVID-19.
"This restaurant had instructed their riders to wear masks and follow strict hygiene to keep customers safe from any unintended mishap.

All co-workers of the said rider have been tested negative. And as a precaution, the restaurant where this rider worked has suspended operations," read the statement.

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