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
February 29,2020

New Delhi, Feb 29: Former Union Minister M J Akbar told a Delhi court on Friday that journalist Priya Ramani had defamed him by calling him with adjectives such as 'media's biggest predator' in the wake of #MeToo movement in 2018 that harmed his reputation.

M J Akbar made the allegations before Additional Chief Metropolitan Magistrate Vishal Pahuja through his lawyer during the final hearing of a private criminal defamation complaint filed by him against Priya Ramani. Akbar resigned as Union minister on October 17, 2018.

Ramani in 2018 accused Akbar of sexual misconduct around 20 years ago when he was a journalist.

Senior advocate Geeta Luthra, appearing for Akbar, said that the allegations were intentional and malafide.

“When you call someone media's biggest predator, it is per se defamatory. Calling a person with such adjectives is on the face of it defamatory. In the eyes of the people, Akbar's reputation was harmed... The per se effect was lowering of my (Akbar) reputation in the eyes of the right thinking members of the society,” she told the court.

She said there was no due process in the allegations. “It has a cascading effect. Embarrassing questions were asked. I (Akbar) am a person of greatest integrity... There was no due process in the allegations. You cannot just make allegation and let that person suffer,” she added.

Luthra said that if there was any grievance, it had to be raised then and there before the appropriate authority.

“We need to realise the effect has what we say or what we do. It's not like she went to any authority or raised any grievance. Opportunity was there, rights were there but to attack so person behind their back on social media...knowing that his whole life will be adversely affected? It's not right,” she said.

M J Akbar has denied all the allegations of sexual harassment against the women who came forward during #MeToo campaign against him.

Akbar had earlier told the court that the allegations made in an article in the 'Vogue' and the subsequent tweets were defamatory on the face of it as the complainant had deposed them to be false and imaginary and that an “immediate damage” was caused to him due to the “false” allegations by Priya Ramani.

Ramani had earlier told the court that her “disclosure” of alleged sexual harassment by Akbar has come at “a great personal cost” and she had “nothing to gain” from it.

She had said her move would empower women to speak up and make them understand their rights at workplace.

Several women came up with accounts of the alleged sexual harassment by M J Akbar him while they were working as journalists under him.

He has termed the allegations “false, fabricated and deeply distressing” and said he was taking appropriate legal action against them.

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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
January 16,2020

Lucknow, Jan 16: The drive initiated by Uttar Pradesh's Yogi Adityanath government to identify non-Muslim immigrants in the state seems to have run into rough weather.

In Pilibhit, where the maximum number of about 35,000 illegal immigrants has been identified, it has now been found that information is being sought by the state government on an unverified document. A large number of families from Bangladesh settled here several decades ago.

The survey began last month even before the bill was notified. Moreover, the feedback email on the questionnaire is a Gmail ID -- [email protected] -- which is not a government server.

It is not known how the state government is drawing up the lists without having the verification criteria.

After the report was put up by a news website, Home Department officials feigned complete ignorance about the issue.

A spokesman said: "This was an unofficial and preliminary exercise to assess the number of illegal migrants in the state. The document is meant to collect basic beneficiary information. No list of potential beneficiaries has yet been sent to Delhi."

The document has eight columns asking for name, father's name, place of stay in India, and where did they come from and when. It does not mention any requirement of proof, or documents.

It also asks for a description of the kind of atrocities they faced, presumably in their home country.

The District Magistrate of Pilibhit claimed they are checking documents of the refugees, but denied any knowledge of the unsigned document.

The CAA is meant to benefit Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Pakistan, Bangladesh and Afghanistan who came to India before December 31, 2014. The statement of purposes of the Act adds that it is meant to benefit those fleeing religious persecution from the above countries.

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Abdullah
 - 
Thursday, 16 Jan 2020

Yogi is unfit to be CM as he does not know what he speaks and does.   Its unfortunate that we are such idiot as CM.    Instead of CAA we need PAA (Politician amendment act).    We need age limit of politicians to be fixed to 65 or maximum 70 years and any one coming in politics to be free from any bad doing.   No rapists/murders/looters/decoits should be allowed to contest election.   Presently 90 percent of the politicians have bad record.  Few are rapists, murders, having spent jail term etc.    

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