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		<id>http://103.153.58.85/ind/index.php/Assam:_Political_history</id>
		<title>Assam: Political history</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Assam:_Political_history"/>
				<updated>2019-02-21T14:04:49Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: /* Zubeen starts own stir */&lt;/p&gt;
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This is a collection of articles archived for the excellence of their content.&amp;lt;br/&amp;gt;&lt;br /&gt;
Additional information may please be sent as messages to the Facebook &amp;lt;br/&amp;gt;community, [http://www.facebook.com/Indpaedia Indpaedia.com]. All information used will be gratefully &amp;lt;br/&amp;gt;acknowledged in your name. &lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
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[[Category:India |A ]]&lt;br /&gt;
[[Category:Politics |A ]]&lt;br /&gt;
[[Category:Assam |A ]]&lt;br /&gt;
&lt;br /&gt;
=2008=&lt;br /&gt;
==NDFB chief, 13 others guilty of blasts that killed 90==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F29&amp;amp;entity=Ar01706&amp;amp;sk=77649ACD&amp;amp;mode=text  Pranjal Baruah, NDFB chief, 13 others guilty of ’08 Assam blasts that killed 90, January 29, 2019: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
A special fast-track court has found the National Democratic Front of Boroland (NDFB) chief and 13 others guilty of carrying out serial blasts in four Assam towns in 2008. More than 90 people were killed and around 400 others were wounded in the attack. The court will pronounce the quantum of punishment.&lt;br /&gt;
&lt;br /&gt;
Two of those convicted are women. Mridul Goyari — one of the 22 accused — was acquitted. NDBF chief Ranjan Daimary, who was out on bail, was re-arrested and sent to jail soon after the verdict was announced.&lt;br /&gt;
&lt;br /&gt;
CBI had sought capital punishment for the convicts, according to investigator NS Yadav. “We recorded statements of about 650 witnesses and examined 687 exhibits or documentary evidence,” he said. The CBI had taken charge of the investigation from Assam police.&lt;br /&gt;
&lt;br /&gt;
In 2010, Daimary was arrested near Bangladesh and the trial for the case was initiated in 2011. It ended eight years later on January 22. The special court was set up in 2017, after families of the blast casualties demanded a fasttrack trial in the case.&lt;br /&gt;
&lt;br /&gt;
George Boro, Ajoy Basumatary, Rajendra Goyari, Onsai Boro, Rahul Brahma, Lakra Basumatary, Baishagi Basumatary, Indra Brahma, Raju Sarkar, Jayanti Brahma, Mathuram Brahma, Nilim Daimary and Prabhat Boro were among those convicted along with Ranjan Daimary.&lt;br /&gt;
&lt;br /&gt;
Families and friends of Daimary and other convicts, who had come to the court for the hearing, sought their release. They said they were planning to move the high court against the verdict. “Conviction and peace talks can’t go together,” said Anjali Daimary, the NDFB chief ’s sister, and a social activist.&lt;br /&gt;
&lt;br /&gt;
=The Citizenship (Amendment) Bill, 2016=&lt;br /&gt;
==Speaker protests against Citizenship  Bill, BJP red-faced==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F10&amp;amp;entity=Ar02207&amp;amp;sk=546B7FEE&amp;amp;mode=text  Prabin Kalita, January 10, 2019: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
In an embarrassment to BJP, Assam assembly speaker Hitendra Nath Goswami on Wednesday said the decision to pass the Citizenship (Amendment) Bill, 2016 in the Lok Sabha was an act “in haste” which was done without “taking the indigenous people of Assam into confidence”. He urged the Centre to ensure protection of the state’s indigenous people on the basis of the 1985 Assam Accord.&lt;br /&gt;
&lt;br /&gt;
Goswami, a former Asom Gana Parishad minister who joined BJP in 2016, said in a statement, “The waves of incidents centred around the Citizenship (Amendment) Bill 2016 here in (the) past few days have touched me personally.”&lt;br /&gt;
&lt;br /&gt;
The legislator from Jorhat said: “While holding a constitutional post, along with my personal hopes, it is my duty to show respect to my country’s democratic system.”&lt;br /&gt;
&lt;br /&gt;
Goswami said a Speaker need not opine on the enactment of a law. However, he added, “I think that the central and state governments would give respect to the views and&lt;br /&gt;
&lt;br /&gt;
opinions expressed by the people of Assam and adopt immediate and appropriate measures to resolve the present unrest in the state which has been created after Lok Sabha passed the Citizenship (Amendment) Bill in haste without taking the people of Assam into confidence.”&lt;br /&gt;
&lt;br /&gt;
The Speaker further said that his “conscience does not allow (him) to support any action, which the indigenous people of Assam do not want to accept because it could destroy the unity and harmony among the people”.&lt;br /&gt;
&lt;br /&gt;
Goswami’s is the second voice of dissent from within BJP against the amendment to the Citizenship Act, 1955. On Tuesday, soon after the Lok Sabha passed the bill, former Assam BJP spokesperson Mehdi Alam Bora resigned from the party. In Meghalaya, BJP’s minister in the Conrad Sangma cabinet, AL Hek, said he too supported the state government’s resolution against the Bill.&lt;br /&gt;
&lt;br /&gt;
Meanwhile, two days after the AGP walked out of its alliance with BJP in the Assam government, another ally, Bodoland People’s Front protested against the Bill.&lt;br /&gt;
&lt;br /&gt;
==Zubeen starts own stir==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F18&amp;amp;entity=Ar01805&amp;amp;sk=1EAA53B1&amp;amp;mode=text&amp;amp;fbclid=IwAR2MW8Q-7LXRDBJS_QIWUf8iWQDPZV2fw4ZHkttZHhtFk-YtJrlGrmiJSYo   Pranjal Baruah, Bill protesters form a 10-km human chain, January 18, 2019: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: Singer Zubeen Garg with Nipen Hazarika, brother of late singer Bhupen Hazarika, during a protest against the Citizenship (Amendment) Bill in Assam’s Tezpur.jpg|Singer Zubeen Garg with Nipen Hazarika, brother of late singer Bhupen Hazarika, during a protest against the Citizenship (Amendment) Bill in Assam’s Tezpur &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F18&amp;amp;entity=Ar01802&amp;amp;sk=92A18639&amp;amp;mode=text&amp;amp;fbclid=IwAR3bxO0lIwxflBKagfDTCs5fV_Cfa2nnQnr-XUeB8YofHThOfoN6PN8NbdM  Naresh Mitra, January 18, 2019: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Zubeen Garg, thesinger who sang the official song of BJP’s 2016 poll campaign in Assam, has expressed regret over his association with the party.&lt;br /&gt;
&lt;br /&gt;
Launching his own protest campaign against the Citizenship (Amendment) Bill, 2016 at Tezpur in Sonitpur district on Thursday, coinciding with ‘Shilpi Divas’, a day observed annually to pay homage to noted Assamese playwright Jyoti Prasad Agarwala, Zubeen said, “I don’t support any political party. I sang for BJP thinking the Sarbananda Sonowalled government would respect and do the needful for the state’s people. But if this government plays foul then I am going to stand against them too.” Several fans, locals and students gathered at the venue to listen to Zubeen on Thursday.&lt;br /&gt;
&lt;br /&gt;
In Jorhat’s Selenghat area, locals formed a 10-km human chain to mark their protest. Protests and road blockades were reported&lt;br /&gt;
&lt;br /&gt;
= 2017 =&lt;br /&gt;
== Identity issues ==&lt;br /&gt;
[https://www.indiatoday.in/magazine/up-front/story/20170320-assam-aasu-dhemaji-assam-accord-illegal-immigration-bjp-985967-2017-03-10 Kaushik Deka , A Hindu headache for the BJP “India Today” 20/3/2017]&lt;br /&gt;
&lt;br /&gt;
Tensions are running high in Assam after the March 6 ransacking of an All Assam Students Union (AASU) office in Silapathar, a town in the state's Dhemaji district. Three people were reported injured in the attack, perpetrated by an obscure group, the Nikhil Bharat Bangali Udbastu Samanvay Samiti (NBBUS), seeking citizenship for Hindu refugees from Bangladesh. AASU led a six-year movement against illegal immigration into the state, resulting in the 1985 Assam Accord, which, broadly, granted citizenship rights only to those who had moved to the state before 1971.&lt;br /&gt;
&lt;br /&gt;
AASU is deeply influential, with key players in the Assam government, including the chief minister, Sarbananda Sonowal, being former members or leaders. But, as a critic of all immigration to Assam from Bangladesh, whether Hindu or Muslim, it found itself in the crosshairs of NBBUS, allegedly associated with the R.S.S and virulently opposed to the idea of citizenship as outlined in the Accord. It is the association with the R.S.S that makes it so uncomfortable for the BJP-led NDA government. The BJP won 60 of the 89 assembly seats it contested last year, a commanding performance in a state in which 35 per cent of the population is Muslim.&lt;br /&gt;
&lt;br /&gt;
Since the Sonowal government took oath on May 24 last year, it has been brazen about its 'Hindu first' agenda. State finance minister Himanta Biswa Sarma argued that the Citizenship Amendment Bill (2016), which seeks to naturalise (non-Muslim) minorities persecuted in Pakistan, Bangladesh and Afghanistan, was necessary because Assamese people needed the support of their Hindu Bengali brothers to ward off the Muslim threat. In December, R.S.S volunteers sparked anger by shouting &amp;quot;Hindu-Hindu, bhai-bhai&amp;quot; and &amp;quot;Bharat mata ki jai&amp;quot; from the top of the 18th century Kareng Ghar, an Ahom palace and protected monument.&lt;br /&gt;
&lt;br /&gt;
Earlier, Sarma, as education minister, ordered state-recognised madrassas to remain open on Fridays. &amp;quot;Madrassas are closed on Fridays in Pakistan and Bangladesh, not in India,&amp;quot; he said. In February, CM Sonowal tweeted the government's decision to make Sanskrit compulsory up to the 8th standard. Even ministers in his own cabinet sided with the Opposition in opposing the decision. Sarma now says &amp;quot;practical difficulties&amp;quot; mean the order will not be implemented. Sonowal, when contacted, insisted that &amp;quot;the decision [had] not yet been discarded&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
The mixed message is typical of a confused government, caught between its commitment to Hindutva and the priorities of the Assamese people.&lt;br /&gt;
&lt;br /&gt;
=2019=&lt;br /&gt;
==January: Bandh over ST status to 6 groups==&lt;br /&gt;
[https://timesofindia.indiatimes.com/city/guwahati/st-bill-strike-hits-btc-hojai/articleshow/67493194.cms  Pranjal Baruah, January 12, 2019: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Centre’s move to grant schedule tribe status to six communities — Tai Ahoms, Koch Rajbongshis, Chutiyas, Tea Tribes, Morans and Mataks — has had a ripple effect in Assam with the Coordination Committee of Tribal Organisations of Assam giving a call for a 12-hour statewide bandh. The CCTOA has alleged that the Centre’s move will severely impact the development and reservations currently given to Assam’s existing tribal groups.&lt;br /&gt;
&lt;br /&gt;
==AGP quits govt., BJP still has 61 MLAs in House of 126==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F08&amp;amp;entity=Ar01217&amp;amp;sk=6A9DC72A&amp;amp;mode=text  Prabin Kalita, January 8, 2019: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
While BJP argues that India is the natural saviour for minorities, especially Hindus, subject to discriminatory laws and violence in neighbouring countries, in the case of “economic migrants”, mainly Muslims, it points to the “threat” of demographic invasion that changes the religious and social balance and says such persons are illegals who must not enjoy state benefits.&lt;br /&gt;
&lt;br /&gt;
While BJP is under fire in Assam for “violating” the Assam Accord, its leaders like Himanta Biswa Sarma have warned that rejecting the citizenship bill will mean making Assamese Hindus a minority in the next five years. BJP is hoping to drive home the argument that giving Bengali-speaking Hindus’ citizenship will be worth it as it will help counter unwelcome demographic change, hoping its support to the national register of citizens embellishes its credentials.&lt;br /&gt;
&lt;br /&gt;
Like most Assam and northeast-based organisations, AGP has been opposing the proposed amendment to the Citizenship Act tooth and nail. On many occasions in the past, it issued warnings to BJP. AGP’s exit will not pose any threat to BJP, which has 61 MLAs of its own in the 126-member assembly and still has the support of the Bodoland People’s Front (12 seats) and one Independent.&lt;br /&gt;
&lt;br /&gt;
AGP, born out of almost a decade of anti-foreigners agitation in the 1970s and ’80s, quit the ruling alliance immediately after its representatives led by its president, Atul Bora, met Union home minister Rajnath Singh in New Delhi.&lt;br /&gt;
&lt;br /&gt;
Two AGP ministers, Phani Bhushan Choudhury and Keshab Mahanta, are likely to resign from the ministry along with Bora soon. Many AGP leaders serving as chairpersons and managing directors of state-run PSUs are likely to quit their posts&lt;br /&gt;
&lt;br /&gt;
===Assam erupts in protest, BJP office attacked in Meghalaya===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F08&amp;amp;entity=Ar01217&amp;amp;sk=6A9DC72A&amp;amp;mode=text  Rajib Dutta, Anup Dutta &amp;amp; Kangkan Kalita , January 8, 2019: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Assam erupted in protest on Monday against the Centre’s decision to approve the JPC report on the contentious Citizenship (Amendment) Bill, 2016, with some of the demonstrators even stripping naked. In Dibrugarh, members of All Assam Students’ Union (Aasu) staged a protest in front of CM Sarbananda Sonowal’s house, raising slogans against BJP. Aasu activists also burned copies of the bill in Jorhat, Golaghat, Sonitpur, Lakhimpur, Dibrugarh and Dhemaji districts. In Guwahati, Aasu activists burned copies of the bill at 70 locations. Keeping political rivalry aside, former CMs Prafulla Kumar Mahanta and Tarun Gogoi joined ‘Dhikkar Divas’ (condemnation day) against the Bill in Guwahati.&lt;br /&gt;
&lt;br /&gt;
In neighbouring Meghalaya, BJP’s Shillong office was attacked by unidentified miscreants. The attack is believed to be a fallout of resentment over the Bill. Police sources said three Molotov cocktails were found around the office and two to three miscreants are believed to have been involved. No arrest has been made yet.&lt;br /&gt;
&lt;br /&gt;
==Assam students’ body ‘bans’ BJP leaders in colleges==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F14&amp;amp;entity=Ar00913&amp;amp;sk=9BE050D0&amp;amp;mode=text  Naresh Mitra, January 14, 2019: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The student body of Gauhati University, one of the most prominent universities of the northeast, on Sunday decided to stop BJP legislators and members from entering the campuses of the university and colleges affiliated to it until the Citizenship (Amendment) Bill is withdrawn. The decision comes as the protests against the Bill grew stronger. &lt;br /&gt;
&lt;br /&gt;
==BJP suspends Bengali leader for anti-Assamese talk==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F14&amp;amp;entity=Ar00913&amp;amp;sk=9BE050D0&amp;amp;mode=text  Naresh Mitra, January 14, 2019: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'' ‘His Remark Over Bill Could Fuel Tension’ ''&lt;br /&gt;
&lt;br /&gt;
Assam BJP suspended its leader from the Bengali-majority Barak Valley, Pradip Dutta Roy, for making “communal” remarks at a time when the state is in the grip of protests against the Citizenship (Amendment) Bill.&lt;br /&gt;
&lt;br /&gt;
“Pradip Dutta Roy has been suspended from the party with immediate effect ... for going against party discipline and taking a stand that goes against the party’s principles,” Assam BJP president Ranjeet Kumar Dass said.&lt;br /&gt;
&lt;br /&gt;
On Wednesday, a section of students at the Assam University in Silchar had staged a protest rally against the bill. A day later, another section staged a rally in support of the bill. The same day, Dutta had said, “I will write to the vice-chancellor to take action against students who are indulging in politics by staging protests against the bill ... Otherwise, Assamese students will be stopped from studying at the university.”&lt;br /&gt;
&lt;br /&gt;
The Cotton University Students’ Union and the Asom Jatiyatabadi Yuva Chhatra Parishad lodged FIRs against him while the All Assam Students’ Union demanded arrest.&lt;br /&gt;
&lt;br /&gt;
“Dutta’s remarks could fuel tension between the people of the Barak Valley and the Brahmaputra Valley,” a BJP leader said. Coming under fire, Dutta retracted his statement.&lt;br /&gt;
&lt;br /&gt;
=See also=&lt;br /&gt;
[[Assam: The citizenship/ foreigners/ illegal migration issue]]&lt;br /&gt;
&lt;br /&gt;
[[Assam: Political history]]&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
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		<title>File:Diaspora dreams .jpg</title>
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				<updated>2019-02-21T13:42:39Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: &lt;/p&gt;
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		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Diaspora:_India</id>
		<title>Diaspora: India</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Diaspora:_India"/>
				<updated>2019-02-21T13:41:28Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: /* 2016: India, Pakistan, Bangladesh and the world (in 2016?) */&lt;/p&gt;
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[[Category:India |I ]]&lt;br /&gt;
[[Category:Diaspora |D ]] &lt;br /&gt;
[[Category:Pakistan |D ]]&lt;br /&gt;
[[Category:Bangladesh |D ]]&lt;br /&gt;
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=Countries preferred most by Indian settlers=&lt;br /&gt;
==2018: UAE, USA, Saudi Arabia, Pakistan, Oman==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F03%2F25&amp;amp;entity=Ar02321&amp;amp;sk=9B8CB6B1&amp;amp;mode=text  March 25, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: Population of Indians in Oman, Saudi Arabia, United States, UAE and Pakistan, 1990-2017.jpg|Population of Indians in Oman, Saudi Arabia, United States, UAE and Pakistan, 1990-2017 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F03%2F25&amp;amp;entity=Ar02321&amp;amp;sk=9B8CB6B1&amp;amp;mode=text  March 25, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
'''UAE, Saudi Arabia, Oman: Gulf countries remain top draw for Indian settlers'''&lt;br /&gt;
&lt;br /&gt;
More Indians have settled abroad than any other people in the world. The UN says one out of every 20 emigrants today is Indian. That means about 1.7 crore of us, or roughly the population of Mumbai in 2010. For the UN, anyone who has lived in the same foreign country for more than a year is an emigrant. In which countries are India-born people most heavily concentrated? The UAE, USA, Saudi Arabia, Pakistan and Oman are the top five places now, but Pakistan was number 1 three decades ago. Oman has been the top destination since 2010.&lt;br /&gt;
&lt;br /&gt;
=Countries that prefer Indians=&lt;br /&gt;
==2015,’16: OECD countries==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F06%2F23&amp;amp;entity=Ar01514&amp;amp;sk=E5EFE437&amp;amp;mode=text  Lubna Kably, Indians get most naturalised citizenship in OECD nations, June 23, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The total inflow of new immigrants to OECD countries was 70.6 lakh during 2016, a minuscule rise of less than 1% over the previous year’s figure of 70.4 lakh.&lt;br /&gt;
&lt;br /&gt;
China retained its leadership position, accounting for 7.6% of the inflow. With 2.71 lakh new immigrants, India occupied fourth place and accounted for 3.8% of the total inflow. Over the past two years, migration from India has remained stagnant at 3.8%. However, in terms of standalone numbers, there was a small increase from 2.68 lakh in 2015 ,reports the International Migration Outlook (2018) released by OECD in Paris on June 20.&lt;br /&gt;
&lt;br /&gt;
The Organisation for Economic Cooperation and Development (OECD) comprises of 35 member countries, including European countries, the United States of America, Canada, Australia, New Zealand and Japan.&lt;br /&gt;
&lt;br /&gt;
For the first time, the International Migration Outlook, an annual publication, presented consolidated data on all categories of temporary labour migration. OECD countries were home to over 42 lakh temporary foreign workers during 2016. The main receiving countries for temporary foreign workers were Poland (which had 6.72 lakh workers) and the US (with 6.6 lakh workers).&lt;br /&gt;
&lt;br /&gt;
In 2016, almost 21 lakh people acquired the nationality of an OECD country, up 3% from 2015, even as it remains within the OECD average of the last 10 years. India leads the pack, being the top origin country for naturalised foreigners (1.3 lakh).&lt;br /&gt;
&lt;br /&gt;
=Size of Diaspora=&lt;br /&gt;
'''See graphic''': &lt;br /&gt;
&lt;br /&gt;
''The ''estimated '' strength of the Indian Diaspora across the world, as in 2017''&lt;br /&gt;
&lt;br /&gt;
[[File: The ''estimated '' strength of the Indian Diaspora across the world, as in 2017.jpg|The ''estimated '' strength of the Indian Diaspora across the world, as in 2017; [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=STATOISTICS-YOU-WILL-FIND-AN-INDIAN-IN-AT-14042017009014 ''The Times of India''], April 14, 2017 |frame|500px]]&lt;br /&gt;
&lt;br /&gt;
==2015==&lt;br /&gt;
===2015: 1.30 lakh PIOs acquired OECD citizenship===&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=13L-in-15-India-tops-list-of-foreign-30062017020011  1.3L in '15: India tops list of foreign citizenship, June 30, 2017: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: Top 5 countries of origin of new immigrants to OECD countries, 2013-15 and top 5 destination countries for Indian migrants, 2015-16.jpg|Top 5 countries of origin of new immigrants to OECD countries, 2013-15 and top 5 destination countries for Indian migrants, 2015-16; [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=13L-in-15-India-tops-list-of-foreign-30062017020011  1.3L in '15: India tops list of foreign citizenship, June 30, 2017: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
India tops the list of origin countries of naturalised citizens across the world, indicating that the diaspora is not apprehensive of acquiring foreign citizenship.&lt;br /&gt;
In 2015, 1.30 lakh people of Indian origin, comprising largely of expatriates on work visas, acquired citizenship of OECD member countries.This was followed by Mexico (1.12 lakh) and the Philippines (94,000). China came fifth with 78,000 opting to relinquish their citizenship. These were the findings of the report International Migration Outlook (2017) released by Organisation of Economic Co-operation and Development (Oecd) in Paris on Thursday.&lt;br /&gt;
&lt;br /&gt;
The report mentioned that in 2015, just over 20 lakh people acquired the nationality of an OECD country.This was slightly above (3%) the 2014 figure, even as it remains within the Oecd average of the past 10 years.&lt;br /&gt;
&lt;br /&gt;
OECD is a global thinktank of 35 member countries, which include European countries, USA, Canada, Australia, New Zealand and Japan. An earlier Oecd report had pointed out that India had the world's largest diaspora with 156 lakh migrants.&lt;br /&gt;
&lt;br /&gt;
“Improving the integration of immigrants and their children, including refugees, is vital to delivering a more prosperous, inclusive future for all,“ said OECD Secretary-General Angel Gurría in the report.&lt;br /&gt;
&lt;br /&gt;
China retained its top position when it came to new immigrants to OECD countries.However, on this front, the refugee crisis led to a large influx of immigrants from Syria, pushing India down one spot to the fifth position. Humani tarian migration, rather than migration for better jobs or lifestyle, dominated the scene during 2015 and would continue to do so in the immediate future, the report stated. The total inflow of new immigrants to OECD countries in 2015 was 70.39 lakh and new immigrants from China accounted for nearly 7.8% of the inflow. In 2013, nearly one in ten immigrants were from China.&lt;br /&gt;
&lt;br /&gt;
Migration flows from India to OECD also dipped slightly , from 4.4% of the total inflows countries in 2013 to just 3.9% in 2015. However, in terms of standalone numbers, there was an inflow of 2.68 lakh immigrations from India during 2015 to OECD countries, as opposed to just 2.40 lakh in 2013. (see table). Data showed that USA, Canada, UK, Australia and Germany continue to be the favoured destinations of Indian migrants.&lt;br /&gt;
&lt;br /&gt;
Both China and India continued to be the major source countries for international students. Over half of the international students in the OECD countries originate from Asia. Chinese students, despite a 7% drop in their numbers between 2013 and 2014, were the most dominant with six lakh enrolments during 2014. They were followed by Indian students whose number at 1.86 lakh during 2014 was up by 13% compared with the previous year. USA received more than 40% international student enrolments.&lt;br /&gt;
&lt;br /&gt;
===2015/ Indian diaspora is world's largest at 16m: UN===&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=UN-Indian-diaspora-is-worlds-largest-at-16m-14012016022001 ''The Times of India''], Jan 14 2016&lt;br /&gt;
&lt;br /&gt;
Somini Sengupta&lt;br /&gt;
&lt;br /&gt;
''' UN: Indian diaspora is world's largest at 16m ''' &lt;br /&gt;
&lt;br /&gt;
According to the United Nations estimates, 244 million people, or 3.3% of the world's population, live in a country other than the one where they were born.Their ranks are growing at a faster pace than the world population as a whole, with enormous economic, social and demographic repercussions for their native and adopted countries.&lt;br /&gt;
&lt;br /&gt;
However, they are concentrated in just 20 countries. By far, the most popular destination in 2015 was the United States, followed by Germany , Russia and Saudi Arabia.&lt;br /&gt;
Indians make up the largest diaspora: 16 million Indians are scattered across the world, which partly reflects the country's demographic size (1.2 billion) and youth (median age is around 26).&lt;br /&gt;
&lt;br /&gt;
After India, Mexico has the second largest diaspora, with 12 million living abroad, the majority of them in the US.&lt;br /&gt;
&lt;br /&gt;
===2015, Indians world's largest diaspora===&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=PRAVASI-BHARATIYA-DIVAS-20-of-Indian-migrants-reside-09012017010074  PRAVASI BHARATIYA DIVAS - 20% of Indian migrants reside in UAE: Report, Jan 9, 2017: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
﻿&lt;br /&gt;
'''Indians World's Largest Diaspora'''&lt;br /&gt;
&lt;br /&gt;
The migration of Indians from the country to the United Arab Emirates (UAE) formed the second largest corridor in terms of number of migrants in 2015, according to a report released by the Organisation for Economic Cooperation and Development (OECD).&lt;br /&gt;
&lt;br /&gt;
The flow of migrants from India to the UAE between 1995 and 2015 stood at 28 lakh, making UAE the top destination country for Indian migrants (It ranked fourth place in 1995).&lt;br /&gt;
&lt;br /&gt;
The corridor between Mexico and the United States remains the largest in terms of the volume of migrants. In 2015, the flow from Mexico to US stood at nearly 55 lakh. Migration flow between 1995 and 2015 has been computed by OECD by taking the difference between the number of migrants in each of these two years.&lt;br /&gt;
&lt;br /&gt;
In 2015, Indians accounted for the largest diaspora in the world with 156 lakh migrants, according to OECD's report -`Perspectives on global development, 2017: International migration in a shifting world.' The report points out that 24.3 crore people were living outside their country of birth in 2015, accounting for 3.3% of the world's population. This was a significant increase over the past twenty years -in 1995 only 2.7% of the world's pop ulation comprised of diaspo ra. The move of migrants has increasingly been towards high income countries.&lt;br /&gt;
&lt;br /&gt;
The number of migrants from India living in the UAE grew by 126% between 2005 and 2010, accounting for nearly 20% of the global Indian mi grant stock in 2015 (In 1995, this constituted just 9% of India's diaspora). Immigrants now account for almost 70% of the total population in Kuwait and more than 80% in Qatar and the UAE. Indians are the sec ond largest immigrant group in the US, after Mexicans ac counting for 4.7% of the 413 lakh foreign born population.&lt;br /&gt;
&lt;br /&gt;
A significant portion of Indi an immigrants in the US AS are recent arrivals: 51% of the total Indian born population arrived during or after 2000, compared to 36% of the foreign born population as a whole.&lt;br /&gt;
&lt;br /&gt;
As regards the future, OECD's report said increasing protectionist measures were being adopted by high income countries, which should see a shift in the migration trends.&lt;br /&gt;
&lt;br /&gt;
==2016: India, Pakistan, Bangladesh and the world (in 2016?)==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/desi-diaspora-largest-in-the-world/articleshow/62076636.cms  Lubna Kably, December 15, 2017: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
'''See graphic''':&lt;br /&gt;
&lt;br /&gt;
''i) The countries to which Indians go; &amp;lt;br/&amp;gt; ii) Top 7countries of origin for global diaspora; &amp;lt;br/&amp;gt; iii) Number-Percentage of Indian diaspora, country-wise''&lt;br /&gt;
&lt;br /&gt;
[[File: The countries to which Indians go; Top 7countries of origin for global diaspora; Number-Percentage of Indian diaspora, country-wise.jpg|i) The countries to which Indians go; &amp;lt;br/&amp;gt; ii) Top 7countries of origin for global diaspora; &amp;lt;br/&amp;gt; iii) Number-Percentage of Indian diaspora, country-wise. &amp;lt;br/&amp;gt;All figures presumably for 2016. &amp;lt;br/&amp;gt; From: [https://timesofindia.indiatimes.com/india/desi-diaspora-largest-in-the-world/articleshow/62076636.cms  Lubna Kably, December 15, 2017: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
'''HIGHLIGHTS'''&lt;br /&gt;
&lt;br /&gt;
Out of a global population of 7.3 billion, one of every 30 people was a migrant in 2015.&lt;br /&gt;
&lt;br /&gt;
The Indian diaspora constitutes 6% of the total number of international migrants.&lt;br /&gt;
&lt;br /&gt;
The Indian diaspora is the world's largest, with slightly more than 15.6 million people from India living overseas. The Indian diaspora constitutes 6% of the total number of international migrants (people living outside the country of their birth), which was estimated at 243 million in 2015. The global figure has risen by 10% over that recorded in 2010, a recently released United Nations report said.&lt;br /&gt;
&lt;br /&gt;
In other words, out of a global population of 7.3 billion, one of every 30 people was a migrant in 2015. However, if computed as a percentage of the world's population, the growth of thediaspora has been largely static, from 3.2% in 2010 to 3.3% in 2015, according to the 'World Migration Report (2018)', published by the International Organisation for Migration, a UN agency.&lt;br /&gt;
&lt;br /&gt;
According to the report, nearly half of all the international migrants worldwide in 2015 were born in Asia, primarily originating from India, China and other South Asian countries. After India, Mexico has the second largest diaspora. Russia, China, Bangladesh and Pakistan follow (see graphic). Notably, people in the working age group, between 20 to 64 years, account for a significant chunk of the international migrant population, nearly 72%. Since 1970, the US has been the main destination for international migrants.&lt;br /&gt;
&lt;br /&gt;
The number of foreign-born people residing in the US has almost quadrupled from fewer than 12 million in 1970 to 46.6 million in 2015 (of whichnearly two million were of Indian origin). The Gulf nations house the biggest share of the Indian diaspora — nearly 3.5 million or 22% of the total Indian diaspora were in the UAE, and 1.9 million (or 12%) in Saudi Arabia.&lt;br /&gt;
&lt;br /&gt;
According to immigration experts, protectionist measures adopted in these and other countries will eventually transform the diaspora landscape. We are witnessing intense vetting of applications for H-1B, the most popular work visa for Indians headed to the US, and entry into the US is likely to involve stricter rules.&lt;br /&gt;
&lt;br /&gt;
The number of migrants to the Gulf has dipped drastically in recent years, owing to economic conditions and the protectionist measures adopted by these countries. As reported earlier by TOI, pan-India emigration clearance for the Gulf in 2016, 5.07 lakh, showed a decline of 33% as compared to the previous calendar year. The decline trend has continued in 2017.&lt;br /&gt;
&lt;br /&gt;
== 2017: Indian migrants abroad, Foreign born immigrants in India ==&lt;br /&gt;
[https://www.indiatoday.in/magazine/up-front/story/20170320-narendra-modi-index-exposure-pullquote-maneka-gandhi-985960-2017-03-10 India Today Web Desk , Diaspora dreams “India Today” 20/3/2017]&lt;br /&gt;
&lt;br /&gt;
''' See graphic '''&lt;br /&gt;
&lt;br /&gt;
[[File:Diaspora dreams .jpg| Diaspora dreams [https://www.indiatoday.in/magazine/up-front/story/20170320-narendra-modi-index-exposure-pullquote-maneka-gandhi-985960-2017-03-10 .&amp;lt;br/&amp;gt;“India Today”]|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
==2018: India, Pakistan, Bangladesh and the world ==&lt;br /&gt;
[[File: Migrant population by country of origin, 2017.jpg|Migrant population by country of origin, 2017 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F03%2F27&amp;amp;entity=Ar01316&amp;amp;sk=B55BE497&amp;amp;mode=image  March 27, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
'''See graphic''':&lt;br /&gt;
&lt;br /&gt;
''Migrant population by country of origin, 2017''&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Subramania_Bharati</id>
		<title>Subramania Bharati</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Subramania_Bharati"/>
				<updated>2019-02-21T05:39:24Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: /* Connections with Gandhi: 1919 */&lt;/p&gt;
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[[Category:India |B ]]&lt;br /&gt;
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=Connections with Gandhi: 1919=&lt;br /&gt;
[http://www.thehindu.com/news/national/A-new-98-year-old-photo-of-an-intense-Bharati-is-revealed/article17046941.ece  B Kolappan, Jan 17, 2017: The Hindu]&lt;br /&gt;
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[[File: A photograph of Mahakavi Subramania Bharati in 1919.jpg|A photograph of Mahakavi Subramania Bharati in 1919; [http://www.thehindu.com/news/national/A-new-98-year-old-photo-of-an-intense-Bharati-is-revealed/article17046941.ece  B Kolappan, Jan 17, 2017: The Hindu]|frame|500px]]&lt;br /&gt;
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'''A new photo of 1919 of an intense Bharati is revealed''': Please see picture&lt;br /&gt;
&lt;br /&gt;
Mahakavi Subramania Bharati’s turbaned visage and intense gaze come back to life in a little-known photograph that was discovered, making it only one of six available images of the patriot-poet.&lt;br /&gt;
&lt;br /&gt;
The photograph, discovered in New Delhi by Y. Manikandan, Professor at the Department of Tamil language of Madras University, was released at The Hindu Lit For Life fest.&lt;br /&gt;
&lt;br /&gt;
It was taken at the Ratna Company, a photo studio situated in Chennai’s Broadway, apparently to promote English lectures on “The Cult of the Eternal — Being a scientific exposition of the art of conquering death” by Bharatiyar at the Victoria Public Hall on March 2, 1919. The advertisement for the lectures was published in Annie Besant’s New India in the first week of March, and the meeting was presided over by Justice S. Subramania Iyer. Admission was priced, with tickets costing a rupee.&lt;br /&gt;
&lt;br /&gt;
'''Meeting with Gandhi'''&lt;br /&gt;
&lt;br /&gt;
Speaking at the event, Mr. Manikandan said Bharati met Mahatma Gandhi at the residence of Kasturi Ranga Iyengar, the Editor of The Hindu, on Cathedral Road in March 1919.&lt;br /&gt;
&lt;br /&gt;
Also, Rajaji, who came to Chennai from Salem at Kasturi Ranga Iyengar’s invitation, was residing at the same house. Gandhiji stayed in the city between March 19 and 23 and there is a record of the meetings he attended. “So Bharati would have met him on March 21,” said Mr. Manikandan at an interaction with Professor A.R. Venkatachalapathy of the MIDS and writer Pazha Adhiyaman.&lt;br /&gt;
&lt;br /&gt;
“Bharati is said to have liked the photograph very much. But scholar R.A. Padmanabhan had expressed disappointment that he could not trace it,” Mr. Venkatachalapathy said. His lectures were published in full in New India and The Hindu.&lt;br /&gt;
&lt;br /&gt;
Rajaji, who was present during Bharati’s meeting with Gandhiji, is said to have described the poet’s appearance as similar to ‘a pitha sanyasi [a mad sanyasi].’&lt;br /&gt;
&lt;br /&gt;
“Bharati sported a turban and beard and closely resembled the man in his Puducherry days,” said Mr. Venkatachalapathy.&lt;br /&gt;
&lt;br /&gt;
'''Photo with family'''&lt;br /&gt;
&lt;br /&gt;
Two photographs were taken in 1917 and the session was arranged by his friend from Puducherry, Vijayaragavachariyar. Besides Bharati, his wife Chellammal, daughters Thangammal and Sakunthala and Vijayaragavachariyar are seen in the picture. He agreed to pose for a photograph along with the members of Karaikudi Hindu Madhabimana Sangam and for a separate image in 1919.&lt;br /&gt;
&lt;br /&gt;
Another picture was taken at poet Bharathidasan’s request. He had enquired about Bharatiyar’s health after he was attacked by an elephant of the Triplicane Parthasarasthy temple. One more picture taken when Bharati was 26 remains elusive. Mr. Manikandan said Irish writer James H. Cousin met Bharati in Puducherry and described him as one of India’s four important poets — besides Tagore, Sarojini Naidu and Sri Aurobindo.&lt;br /&gt;
&lt;br /&gt;
= Copyright issues =&lt;br /&gt;
[https://www.indiatoday.in/magazine/leisure/story/20180528-who-owns-that-song-the-battle-for-subramania-bharati-ar-venkatachalapathy-1236226-2018-05-17 Latha Anantharaman , National Treasure “India Today” 28/5/2018]&lt;br /&gt;
&lt;br /&gt;
For the Tamil people, the poems of Subramania Bharati are inseparable from the Indian freedom struggle. His work nourished love for the Tamil land and language without the taint of parochialism. Even today, no political meeting, school gathering or musical performance is complete without a patriotic Bharatiyar song. His Krishna songs stand unmatched in Tamil hearts. And what woman can resist a man who threw Tambrahm reticence to the winds and wrote love poems to his wife?&lt;br /&gt;
&lt;br /&gt;
He belonged to the masses, as many Indian poets did. But in Bharati's case, his copyright also belonged to the masses. Left to himself, A.R. Venkatachalapathy explains, he would have written a paper about Bharati's copyright and buried it in an academic journal somewhere. Instead, he was talked into writing this lively book about it.&lt;br /&gt;
&lt;br /&gt;
When Subramania Bharati died at 39, his impoverished widow Chellamma sold the rights over his works to his half-brother, C. Visvanathan. Visvanathan unearthed newspaper articles, essays, lyrics and poems from files and back issues, reconciled differing versions, compiled them, and published them in affordable editions. Bharati's works came to define a modern Tamil syntax and sensibility and permeated the flourishing magazine trade of the 1930s. When gramophone recordings and cinema came into the picture, those rights were acquired by industrialist A.V. Meiyappan, who had branched out into filmmaking. Meiyappan put Bharatiyar songs in a talkie and struck gold. But when filmmaker T.K. Shanmugam put a Bharatiyar song into his talkie, Meiyappan sued and demanded that Shanmugam's film not be released. With the might of Tamil pride, nationalism, reform, public sentiment, the new Madras government, and Chellamma behind him, Shanmugam campaigned to nationalise the rights to poetry that everyone was already singing in the streets. Meiyappan could not stand against the wave.&lt;br /&gt;
&lt;br /&gt;
Visvanathan turned over the print rights and donated the original manuscripts to the government. His efforts were rightly evaluated probably only as the government struggled to publish its promised authoritative edition in later years. Visvanathan never made much money from his editions, as was often charged against him, but he raises one reasonable point on the other side of the argument. Was there such outrage about any other poet's copyright belonging to a relative or buyer? The answer is, of course, no. The singular history of Bharati's copyright testifies to the singular value of his oeuvre to his people.&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Santiago_Nieva</id>
		<title>Santiago Nieva</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Santiago_Nieva"/>
				<updated>2019-02-21T05:15:11Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: Created page with &amp;quot;{| class=&amp;quot;wikitable&amp;quot; |- |colspan=&amp;quot;0&amp;quot;|&amp;lt;div style=&amp;quot;font-size:100%&amp;quot;&amp;gt; This is a collection of articles archived for the excellence of their content.&amp;lt;br/&amp;gt; &amp;lt;/div&amp;gt; |}  [[Category:Ind...&amp;quot;&lt;/p&gt;
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[[Category:India |N ]]&lt;br /&gt;
[[Category:Sports |N ]]&lt;br /&gt;
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= A profile =&lt;br /&gt;
[https://www.indiatoday.in/magazine/leisure/story/20180528-boxing-coach-india-santiago-nieva-sweden-1236236-2018-05-17 India Today , Boxing clever “India Today” 28/5/2018]&lt;br /&gt;
&lt;br /&gt;
He's put everything in our phones through WhatsApp. He won't let us forget,&amp;quot; jokes senior boxer Manoj Kumar.&lt;br /&gt;
&lt;br /&gt;
'He' is Santiago Nieva, the Indian boxing team coach, and he won't let boxers 'forget' their mistakes. There's no going slow, no stepping off the gas, and the results are showing.&lt;br /&gt;
&lt;br /&gt;
India won three gold medals in boxing at the 2018 Commonwealth Games. One of them, almost inevitably, by M.C. Mary Kom in the women's 48 kg category. The other two went to the men, Gaurav Solanki (52 kg) and Vikas Krishan (75 kg).&lt;br /&gt;
&lt;br /&gt;
With nine boxing medals overall, it was a fine performance, England won nine too, including six gold, to top the table. While the Commonwealth Games don't include majors like the US, Kazakhstan and Cuba, that tally is better than the seven medals, including three golds, that the Indian men won in Delhi in 2010, when men's boxing in India was at its peak. Much of that is down to Nieva, a 42-year-old Argentine who spent many years in Sweden, both as a boxer and a coach.&lt;br /&gt;
&lt;br /&gt;
Gaurav Bidhuri, who became the third Indian man to win a medal, all bronzes, at the world championships in 2017, hails Nieva as 'innovative', while Krishan is all praise for Nieva's 'patience' and 'dedication'. That must be true, for the coach must live away from his family in Sweden, to where he flies back every few months.&lt;br /&gt;
&lt;br /&gt;
In Patiala, where the national team is based, there are two training sessions six days a week, one in the morning and one in the evening, with &amp;quot;anything from planning to theory classes to preparing for upcoming competitions&amp;quot; in between. When he can, Nieva goes out for a meal or a cup of coffee. Even at his residence in the foreign coaches' quarters, much of the talk is about work. Breaks are about speaking to family or watching movies on the net. It can be taxing. &amp;quot;But I'm loving it,&amp;quot; says Nieva.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;My main thing is strength training. The methods were old school. India needed to improve, use modern methods, complex exercises with free weights,&amp;quot; he explains. &amp;quot;There are so many barriers, language, culture, but from day one, I felt well received by coaches and boxers and everybody. I can't complain.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
The boxers, especially, have taken to him and embraced his methods.&lt;br /&gt;
&lt;br /&gt;
Nieva came in to the picture at the end of a series of unfortunate incidents that had left Indian boxings in a shambles since the 2012 Olympic Games in London. &amp;quot;That was a very big setback for Indian boxers, from seven men in the 2012 Olympics to three in 2016. One bronze in 2012 and no woman in 2016,&amp;quot; he says. Nieva says India is now back on track, noting that the men have won 13 medals in the first four months of the year. But more change is needed to make the next step up. &amp;quot;Too much bureaucracy makes it difficult to work smoothly sometimes. That we are trying to improve. The next step is to try to get facilities to be world class in India,&amp;quot; Nieva said.&lt;br /&gt;
&lt;br /&gt;
Those are things beyond his control, so Nieva has focused on the things he can influence right away, like modernising the strength-training regime and devoting more attention to the tactical side of boxing. One innovation: he has introduced video analysis to teach the boxers how to work their opponent into a position that gives them an advantage and how to read when to try to score and when to defend.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;It is no coincidence that some countries produce better boxers, or better coaches,&amp;quot; said Nieva, a former national champion in the featherweight class in Sweden and Argentina, where the boxing culture is influenced by both Cuban amateur boxing and the American pros. &amp;quot;Not talent, the environment is the main thing, you have to create it. Or change it.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
Even though under president Ajay Singh the Boxing Federation of India (BFI) hasn't been as bound by red tape as previous bodies, some of the realities of India's sporting scene have caught up. &amp;quot;Everyone wants results immediately,&amp;quot; says Nieva. &amp;quot;It's not the best way to evaluate. You have to see the project work, the development, the methodology of coaching. I am not a magician?. In the end, results will come. But it will take time.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
One of the things Nieva wants to do is spend more time with each boxer, analyse their shortcomings and strengths, make one boxer a world-beater if he can. It has happened, but not as much as he would like, and he is also worried about boxers turning professional, &amp;quot;I can't stop them&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
Personable and professional, Nieva wants to make this gig work. It's certainly what Indian boxers deserve after the last few years. Is he the right man, then, to make India into a boxing powerhouse? Nieva says the &amp;quot;results will tell the story&amp;quot;. So far, the tale has a happy beginning.&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

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		<title>File:On the rise .jpg</title>
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				<updated>2019-02-21T04:13:06Z</updated>
		
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		<id>http://103.153.58.85/ind/index.php/E-commerce,_M-commerce:_India</id>
		<title>E-commerce, M-commerce: India</title>
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				<updated>2019-02-21T04:10:06Z</updated>
		
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[[Category:India |E]]&lt;br /&gt;
[[Category:Economy-Industry-Resources |E]]&lt;br /&gt;
[[Category:Cuisine |E]]&lt;br /&gt;
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[[File: On the rise .jpg| On the rise [https://www.indiatoday.in/magazine/the-big-story/story/20180528-flipkart-walmart-deal-1236230-2018-05-17#ssologin=1#source=magazine .&amp;lt;br/&amp;gt;“India Today”]|frame|500px]] &lt;br /&gt;
&lt;br /&gt;
=Laws, rules= &lt;br /&gt;
== E-tailers must pay sellers in 2 days: RBI==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=E-tailers-must-settle-seller-payments-in-2-09102017021038  Digbijay Mishra, E-tailers must settle seller payments in 2 days: RBI, October 9, 2017: The Times of India]&lt;br /&gt;
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E-commerce players have been mandated to clear payments of merchants within two days of intimation regarding the completion of transaction, the RBI has said in response to a query sent by an online seller. The central bank's response, reviewed by TOI, makes it clear that completion of transaction means the act of making the payment. Every e-commerce company has its own agreement with sellers about intimation regarding the completion of a transaction. Although typically , it is referred to as date of dispatch. At present, however, the majority of e-commerce companies take a week to 15 days to settle payments of sellers. Flipkart, for instance, has a 7-12 day cycle for various categories of sellers, including gold and silver retailers.&lt;br /&gt;
&lt;br /&gt;
Sellers on multiple e-com merce platforms say leading etailers are not settling payments for prepaid orders according to the RBI regulations and they usually take about a week on an average. When contacted, an Amazon spokesperson said the company was compliant with the regulations. A Flipkart spokesperson declined to comment.&lt;br /&gt;
&lt;br /&gt;
E-tailers charge a payment collection fee from sellers for both online payments and cash on delivery orders.&lt;br /&gt;
&lt;br /&gt;
=History/ evolution on online shopping=&lt;br /&gt;
==The spread of smartphones changes shopping==&lt;br /&gt;
[http://indiatoday.intoday.in/story/e-commerce-online-shopping-india-smart-phones/1/397264.html ''India Today'']&lt;br /&gt;
[[File: ecom.jpg|Growth of mobile shopping,smartphone sales and e-commerce, Graphic courtesy: [http://indiatoday.intoday.in/story/e-commerce-online-shopping-india-smart-phones/1/397264.html ''India Today'']|frame|500px]] &lt;br /&gt;
&lt;br /&gt;
The spread of smartphones is turning Indians into smart shoppers and converting e-commerce into m-commerce.&lt;br /&gt;
&lt;br /&gt;
==Deals in E-commerce, US, China and India, 2012-15==&lt;br /&gt;
[[File: Deals in E-commerce, US, China and India, 2012-15.jpg|Deals in E-commerce; US, China and India: 2012-15; Graphic courtesy: [http://epaperbeta.timesofindia.com/Gallery.aspx?id=31_07_2015_024_067_003&amp;amp;type=P&amp;amp;artUrl=FLIPKART-BOOSTS-INDIAS-SHARE-31072015024067&amp;amp;eid=31808 ''The Times of India''], July 31, 2015|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
'''See graphic''':&lt;br /&gt;
&lt;br /&gt;
''Deals in E-commerce, US, China and India, 2012-15''&lt;br /&gt;
&lt;br /&gt;
==2013-17:  India, the fastest growing e-comm market==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F29&amp;amp;entity=Ar02409&amp;amp;sk=46099EA3&amp;amp;mode=text  India is fastest growing e-comm mkt: Report, November 29, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: Online retail growth (CAGR in 2017) in India and other major Asian economies. .jpg|Online retail growth (CAGR in 2017) in India and other major Asian economies.  &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F29&amp;amp;entity=Ar02409&amp;amp;sk=46099EA3&amp;amp;mode=text  India is fastest growing e-comm mkt: Report, November 29, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
India has the fastest growing online retail market among top global economies. The country’s online retail market witnessed a compound annual growth rate (CAGR) of 53% for the period 2013 to 2017, according to a latest report by consultancy firm Bain &amp;amp; Company.&lt;br /&gt;
&lt;br /&gt;
The rapid growth, albeit over a small base, has been driven by aggressive discount-driven e-commerce marketplaces, advances in delivery infrastructure and increased smartphone penetration and data usage.&lt;br /&gt;
&lt;br /&gt;
These conditions are giving rise to large retail ecosystems. “What we’re seeing is the emergence of scale open retail ecosystem platforms across the Asia Pacific region that offer retailers a compelling alternative to building and scaling their own capabilities,” said Melanie Sanders, partner at Bain &amp;amp; Company.&lt;br /&gt;
&lt;br /&gt;
Retail ecosystems comprise communities of consumers, retailers and partners that rapidly reshape the retail landscape. They deliver a very sticky consumer proposition by combining services like e-commerce, chat, streaming, gaming or payments in a single platform or app, which shoppers are adopting globally, the report said.&lt;br /&gt;
&lt;br /&gt;
While Alibaba and Tencent lead the best-known Asian ecosystems, India too is witnessing the emergence of retail eco-systems, led by Reliance, Flipkart/Walmart,Amazon/Future Group and Alibaba.&lt;br /&gt;
&lt;br /&gt;
India’s total e-commerce retail sales in 2017 were pegged at around $20 billion and studies have indicated that another $50 billion of online e-commerce could be unlocked by adding new users and luring back internet users that do not currently shop online due to various reasons.&lt;br /&gt;
&lt;br /&gt;
Despite the rapid growth, online retail penetration in India is low at 5% compared with markets such as China (20%) and the US (12%). India was ranked eighth in terms of online retail penetration among 11 countries.&lt;br /&gt;
&lt;br /&gt;
Consumer electronics segment in India has the highest online penetration (17%, which is e-commerce sales as percentage of total retail sales) followed by apparel and footwear (9%) and beauty and personal care (1%). Food &amp;amp; grocery, with overall retail sales of around $530 billion in 2017, has one of the lowest online penetrations at 0.1%.&lt;br /&gt;
&lt;br /&gt;
==2014-16: change in three major trends==&lt;br /&gt;
[[File: Changing trends in online shopping1.jpg| 2014-16: Changing trends in online shopping: 1 |frame|500px]] &lt;br /&gt;
[[File: Changing trends in online shopping2.jpg| 2014-16: Changing trends in online shopping: 2 |frame|500px]] &lt;br /&gt;
[[File: Changing trends in online shopping3.jpg| 2014-16: Changing trends in online shopping: 3 |frame|500px]] &lt;br /&gt;
[[File: Changing trends in online shopping4.jpg| 2014-16: Changing trends in online shopping: 3 |frame|500px]] &lt;br /&gt;
&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=THREE-TRENDS-THAT-SHOW-HOW-INDIAS-E-SHOPPING-09102016023014   Samidha Sharma, How India's e-shopping has changed, Oct 09 2016 : The Times of India]&lt;br /&gt;
&lt;br /&gt;
THREE TRENDS THAT SHOW HOW - INDIA'S E-SHOPPING HAS CHANGED&lt;br /&gt;
&lt;br /&gt;
This festival season is seeing the rise of a new breed of e-shopper who's as cool about shopping for a smart TV as for dal and detergent&lt;br /&gt;
&lt;br /&gt;
Two years ago in 2014 when Flipkart, the country's largest web retailer kicked off its first flagship Big Billion Day sale, things didn't quite go as per plan. The e-tailer wasn't able to handle the unprecedented traffic and its founders were left apologising to disgruntled shoppers for the snafus. A lot has changed since then, not only for Flipkart and for all e-commerce players, but also in the way India shops online.&lt;br /&gt;
&lt;br /&gt;
Beyond the intense fight for capturing market share emblematic of the e-commerce sector, which reaches fever pitch this time of the year, what's starting to emerge is a breed of seasoned shoppers who is as comfortable shopping for an expensive smart TV as ordering their dal-detergent online.&lt;br /&gt;
&lt;br /&gt;
''' Small-Town India Becomes Big Online ''' &lt;br /&gt;
&lt;br /&gt;
If we were to believe data from companies, online retail's march into smaller Indian cities seemed to have finally made progress this year after many attempts to amp up business from these towns. What'll be interesting to watch is if these numbers sustain. Amit Agarwal, country head of Amazon India, says among the 15 million units it sold during its `Great Indian Festival', orders came from 90% of India's pin codes. The number of new customers increased five-fold over last Diwali with 70% of new shoppers coming from tier II and tier III towns, he adds. Overall, 65% of Amazon's orders come from towns categorized as tier II (population of one million) and below. Rival Flipkart says sales from tier II and below cities went up to 42% from 34% in the past one year.&lt;br /&gt;
&lt;br /&gt;
Even as e-tailers tout their strides beyond the big cities, estimates say the number of online buyers remained at around 68 million in 2016 and majority of them came from metros. “It's true that a big chunk of new customers are from tier II and tier III but their ticket sizes and frequency of purchases will take some time to increase as most of them are only shopping because of discounts,“ says Satish Meena, forecast analyst at Forrester Research.&lt;br /&gt;
&lt;br /&gt;
A good part of the sales during the festive season typically comes from incremental wallet share of existing buyers. The market expansion due to new shoppers is still limited, he says.&lt;br /&gt;
&lt;br /&gt;
But not for want of trying. To boost the e-tailing market which has stuttered in the past year, having remained at $10 billion in size after galloping at 400% growth the previous year, companies brought in attractive EMI and exchange schemes on electronics and white goods. Membership programmes like Amazon Prime were aimed at locking in customers on to online platforms.&lt;br /&gt;
&lt;br /&gt;
Flipkart's co-founder &amp;amp; CEO Binny Bansal says the average order size is up 20% despite discounts compared to regular days. The e-tailer says it also brought in 1.5 million new customers this year versus one million that came on board last year even as cash-on-delivery (COD) orders came down from 70% to 60% of all Big Billion Day transactions.The decline in COD shows that more Indians now trust online platforms to deliver the goods.&lt;br /&gt;
&lt;br /&gt;
''' Size And Price No Bar For Buyers ''' &lt;br /&gt;
&lt;br /&gt;
Mobile phones still account for a huge chunk of sales but there's been a palpable focus on high-ticket categories like white goods and large appliances. Devita Saraf, CEO of Vu Television, a brand which sells more than 60% of its products online at an average price point of Rs 25,000, says there's an emergence of a new kind of customer who is online-first in their shopping behaviour. She says her brand was among the top sellers on Flipkart during the five-day sale.&lt;br /&gt;
&lt;br /&gt;
Amazon was seen pushing daily consumables heavily, a first during the sale season which is defined by deals on mobiles and electronics. During the five-day sale consumers were looking for deals on everyday use products like detergents, diapers, grocery and household products indicating that they did not forget their everyday purchases while shopping for other deals, the company says.&lt;br /&gt;
&lt;br /&gt;
''' Less Discounting, More Sales? ''' &lt;br /&gt;
&lt;br /&gt;
Post March this year, most e-tailers reduced promotional campaigns after the Indian government introduced new policy guidelines which outlawed online marketplaces from offering discounts directly. While companies did eventually find ways to get around the re gulation, this year's sales haven't offered the kind of deep discounting as previous years. But despite that, volumes are up. Consumers are getting used to buying online more with over 20-25% of users now making a purchase once in two months, says Sahil Barua, co-founder and CEO of e-commerce logistics startup Delhivery .&lt;br /&gt;
&lt;br /&gt;
Radhika Aggarwal, co-founder and CBO, ShopClues, sees this as a sign of the Indian ecommerce market maturing. “E-commerce was built on discounts to change consumer behaviour as there were no other hooks at the time.But now people wait for the sales because of the kind of selection of products they find online,“ she says. What happens post the sale-month spike will be decisive in understanding if the overall market has grown spawning new buyers or the growth was just seasonal.&lt;br /&gt;
&lt;br /&gt;
==2017-2022==&lt;br /&gt;
See graphic.&lt;br /&gt;
&lt;br /&gt;
[[File: Growth in e-commerce, 2017-2022, expected.jpg|Growth in e-commerce, 2017-2022, expected; [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=HOW-FAST-WILL-INDIAN-E-COMMERCE-GROW-04062017022017 The Times of India], June 4, 2017|frame|500px]]&lt;br /&gt;
[[File: India Today , August 29,2016 .jpg| India Today , August 29,2016 |frame|500px]]&lt;br /&gt;
&lt;br /&gt;
=Background/ profile of online shoppers=&lt;br /&gt;
==70% of new customers from tier II &amp;amp; III towns/ 2016==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=70-of-new-customers-from-tier-II-III-03102016025026    70% of new customers from tier II &amp;amp; III towns, says Amazon, Oct 03 2016 : The Times of India]&lt;br /&gt;
&lt;br /&gt;
After a year of tepid online retail sales, etailers like Flipkart, Amazon and Snapdeal witnessed a wave of consumers flocking to their platforms as the much-publicised annual festive season sale kicked off over the weekend.&lt;br /&gt;
&lt;br /&gt;
Interestingly, a significant chunk of the new online shoppers is reported to have come from smaller towns in states like Sikkim, Tripura and the Andaman and Nicobar Islands. These towns are a potentially huge market that online retailers are eyeing to expand the overall ecommerce pie, which has largely failed to grow over the past year. For the Seattle-based Amazon, traffic from tier II and tier III towns increased 17 times compared with last year indicative of how discounting has aided the entry of a new se of buyers. The top six-eight citi es typically contribute 90% of sales for all the consumer inter net players, leaving a yawning gap between these markets and the still largely untapped smal ler towns.&lt;br /&gt;
&lt;br /&gt;
Manish Tiwary , VP , catego ry management at Amazon In dia, said, “We have seen a five fold growth in new customer ac quisition and 70% of them ca me from tier II &amp;amp; III towns.“&lt;br /&gt;
&lt;br /&gt;
While Flipkart and Snapdea are still to detail the growth in number of shoppers from smal ler towns, Shopclues claimed to have notched up double of the business from last year with a significant rise in traffic co ming from users in tier II cities.&lt;br /&gt;
&lt;br /&gt;
A Google trends report sha red by Shopclues, which posi tions itself as targeting markets outside of metros, said these cus tomers searched for “online shopping“ in the run up to the annual sale event. “Every consu mer is a deal seeker and during such events it is likely that users from smaller towns will come to these sites. A lot of it is channe led by rising smartphone penet ration,“ said Arvind K Singhal ,chairman at Technopak, retai advisory firm.&lt;br /&gt;
&lt;br /&gt;
The country's largest e-tai ler Flipkart, which began its an nual Big Billion Days sale on Sunday , claimed to have sold half a million units within the first hour of the event. Amazon, which started its sale on Satur day, said it registered a billion hits on the first day, clocking 1.5 million units in the first 12 ho urs. Delhi-based Snapdeal claimed it was getting 180 orders per second in the first half and it ended up with 11 lakh buyers purchasing on its platform in the first 16 hours, registering a sixfold growth in sales volume.&lt;br /&gt;
&lt;br /&gt;
“We have seen a three-time growth on day one compared with last year. The trend is that we are outpacing Saturday's sale on Sunday which is unusual because traditionally sales are lower on day two of most sale events,“ Tiwary said, adding that smartphones have been the biggest grosser for Amazon. Television sales, usually most popular during the festive season, grew 25 times on the back of exclusive partnerships with the likes of Sanyo.&lt;br /&gt;
&lt;br /&gt;
For Flipkart, which is locked in a battle with Amazon for the leadership position, the number of large LED TVs sold in six hours was higher than the total number of TVs sold during The Big Billion Days last year . The Flipkart-owned Myntra saw its revenues increasing three times in the first hour compared with last year . “What makes it special is that the number of units sold in the first six hours of sale surpassed the total units sold in a day during the first day of Big Billion Days in 2015,“ said Kalyan Krishnamurthy , head, category design organisation, Flipkart. Both Flipkart and Amazon are investing aggressively to garner as much market share during the annual sale event on the back of discounts and the promise of faster services and better user experience.&lt;br /&gt;
&lt;br /&gt;
=Business practices=&lt;br /&gt;
== Large sellers pay much less as platform fee==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F07&amp;amp;entity=Ar01504&amp;amp;sk=9CCD4581&amp;amp;mode=text  Digbijay Mishra, Biggies pay lower online platform fee than small cos, January 7, 2019: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: 2017, 2018- What online sellers paid as platform fee.jpg|2017, 2018: What online sellers paid as platform fee &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F07&amp;amp;entity=Ar01504&amp;amp;sk=9CCD4581&amp;amp;mode=text  Digbijay Mishra, Biggies pay lower online platform fee than small cos, January 7, 2019: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
''‘E-Commerce Players Favour Alpha Sellers’''&lt;br /&gt;
&lt;br /&gt;
Large online sellers who have affiliations or investments from e-tailers like Amazon and Flipkart are paying only about 5-11% of their revenue as marketplace fee, while regular third-party sellers typically pay at least 15% as platform fee.&lt;br /&gt;
&lt;br /&gt;
The latest balance sheets of major online sellers like Cloudtail, Appario Retail, and Tech-Connect Retail show the amount they pay as platform fee to online marketplaces. Cloudtail paid Rs 315 crore as platform fee to Amazon on a revenue of Rs 7,149 crore in FY2018. That’s 4.4%. It’s about 11% for Tech-Connect Retail, which owns one of the largest sellers on Flipkart, RetailNet. These entities drive large volumes of sale for companies like Amazon and Flipkart.&lt;br /&gt;
&lt;br /&gt;
Small third-party sellers have frequently alleged that e-commerce players favour these alpha sellers on their platforms. This is among the reasons that persuaded the government recently to issue a circular stating that sellers that have direct or indirect investment from the e-commerce platforms cannot sell on these platforms.&lt;br /&gt;
&lt;br /&gt;
Industry sources also say that these platforms are subsidising the logistics spends of the big sellers. They point to the rising spends on delivery—or ‘logistics service charge’—for these platforms in the last two financial years. The annual reports of the entities that run Flipkart and Amazon’s marketplaces show these spends are increasing, but do not give specific details on them.&lt;br /&gt;
&lt;br /&gt;
When contacted on these figures, Amazon India did not respond to the queries. Flipkart said: “We have several tiers that sellers are classified into on the basis of several metrics such as business volume, number of returns, customer experience and satisfaction, etc. Commissions, fees, value added services like logistics etc, are priced based on the tier a seller is in. We provide them with the tools and support to help them grow and to climb the tiers.”&lt;br /&gt;
&lt;br /&gt;
Previously, online seller associations like AIOVA have raised these issues with government and authorities such as the Competition Commission of India (CCI). Both Flipkart and Amazon have maintained they do not treat third party sellers in a biased manner.&lt;br /&gt;
&lt;br /&gt;
The new FDI rules are an attempt to comfort small traders. The timing of the policy change is being linked to the general elections later in the year. E-tailers are trying to come up with new structures that will allow them to continue with their operations with the least possible impact on revenue.&lt;br /&gt;
&lt;br /&gt;
= Complaints against e-commerce companies =&lt;br /&gt;
== 2014-Dec 16, an increase of more than 300%==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=E-comm-plaints-up-by-300-in-3-08022017013027  E-comm plaints up by 300% in 3 yrs, Feb 3, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The number of complaints against e-commerce companies has increased by more than 300% during the past three years, the government told the Lok Sabha. This points to the need for a robust mechanism to deal with such complaints in view of the government's thrust for digitisation and more and more people shopping online.&lt;br /&gt;
&lt;br /&gt;
Quoting the number of complaints received by the National Consumer Helpline (NCH), minister of state for consumer affairs C R Chaudhary submitted that the provi sions of the Consumer Protection Act cover all goods and services, including e-commerce. The NCH data show while had received only 418 compla it had received only 418 complaints relating to e-commerce in 2014-15, the number increased to 1,386 in 2016-17 (till December end). NCH has received complaints against some popular entities, including Paytm, Snapdeal, Amazon, Flipkart, eBay , Myantra and Jabong.&lt;br /&gt;
&lt;br /&gt;
“A consumer can file a complaint relating to e-commerce transactions in the appropriate consumer forum established under the Act,“ Chaudhary said. He also said that before approaching a consumer forum, complainants can use alternative dispute resolution mechanism through the NCH and Online Consumer Mediation Centre in the National Law School, Bengaluru.&lt;br /&gt;
&lt;br /&gt;
==Complaints against e-commerce companies/ 2017==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Complaints-against-e-comm-cos-top-list-at-22052017012020  John Sarkar &amp;amp; Dipak Dash, Complaints against e-comm cos top list at national consumer helpline, May 22, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
[[File: Top 4 sectors by user grievances, April 2015-March 17.jpg|Top 4 sectors by user grievances, April 2015-March 17; [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Complaints-against-e-comm-cos-top-list-at-22052017012020  John Sarkar &amp;amp; Dipak Dash, Complaints against e-comm cos top list at national consumer helpline, May 22, 2017: The Times of India]|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
''' list 15% Of All Plaints Against Shopping Sites ''' &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
As more Indians flock to the the internet to shop for their daily needs, complaints are building up about e-commerce companies.&lt;br /&gt;
&lt;br /&gt;
The National Consumer Helpline (NCH), a joint initiative of the consumer affairs department and Indian Institute of Public Administration (IIPA), receives about 3.5 lakh grievances annually.&lt;br /&gt;
&lt;br /&gt;
This is only a fraction of the complaints registered by consumers, as there are other avenues for dispute redressal, including the consumer approaching the companies directly. But NCH said complaints relating to e-commerce overtook all other sectors since September.&lt;br /&gt;
&lt;br /&gt;
“Due to increased penetration of internet and more companies pushing for online sale of their products, the number of complaints has also increased,“ said Prof Suresh Misra of IIPA. &lt;br /&gt;
“We have tied up with 35 e-commerce companies for faster resolution of complaints and it's doing well,“ he added.&lt;br /&gt;
&lt;br /&gt;
E-commerce received the highest number of com plaints this year, of the total complaints received by NCH.&lt;br /&gt;
&lt;br /&gt;
Most complaints against e-commerce companies were related to “paid amount not refunded“, according to data provided by NCH. Makemytrip, the country's largest online travel agent, agreed.&lt;br /&gt;
&lt;br /&gt;
“Issues like customer requesting for full refund for airline tickets due to a personal emergency takes a while as it requires us to go to our partners for special waivers,“ said a Makemytrip spokesperson.&lt;br /&gt;
&lt;br /&gt;
Most companies attributed the rising number of consumer calls to requests for cancellation and not complaints.&lt;br /&gt;
&lt;br /&gt;
The rising number of consumer grievances has not gone unnoticed by the government. In June 2016, PM Modi had flagged concerns over the large number of consumer complaints relating to e-commerce including booking of tickets and hotel reservations. He had asked officials for a review of the nature of issues and had asked the consumer affairs ministry to list the number of complaints against each company .&lt;br /&gt;
&lt;br /&gt;
=Digital wallets, digital payments= &lt;br /&gt;
==Limited liability==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F06&amp;amp;entity=Ar02312&amp;amp;sk=376BBD96&amp;amp;mode=text  Ombudsman, limited liability cover to make e-wallets safer, December 6, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
To inspire confidence among users of digital payments, the RBI has said that it will introduce the concept of limited liability for prepaid instruments, which includes digital wallets. Also, a new office of ombudsman for digital transaction is being created to take up complaints from individuals for prepaid instruments.&lt;br /&gt;
&lt;br /&gt;
Last year, the central bank had introduced the concept of ‘zero liability’ for card users, provided they acted prudently in not divulging credentials and reported frauds in time. Under this policy, cardholders who lost money due to a thirdparty breach and who reported the loss within three days would get all their money back.&lt;br /&gt;
&lt;br /&gt;
Even where there is some negligence on the part of the customer in not responding to alerts and not notifying the bank, the maximum liability was capped at Rs 5,000 for a basic savings account and Rs 10,000 for most other accounts. For credit cards with limits above Rs 5 lakh, the maximum liability has been fixed at Rs 25,000. However, where the customer has shared his password, he will be liable for all the losses until he reports it to the bank.&lt;br /&gt;
&lt;br /&gt;
On Wednesday, the RBI said that the same limited liability concept will be extended to users of prepaid instruments. The liability limits will be announced by the RBI. According to banks, the liability limits for e-wallets is likely to be lower, considering the smaller transaction size and lower balances.&lt;br /&gt;
&lt;br /&gt;
The creation of an ombudsman for digital transactions, besides providing a platform for customers, will enable the RBI to keep track of discrepancies.&lt;br /&gt;
&lt;br /&gt;
“RBI’s endeavours to promote a less-cash society has resulted in a significant rise in the volume, value and channels for conducting digital transactions. For promoting the level of trust, a dedicated and empowered grievance redressal system is a pre-requisite,” said RBI deputy governor M K Jain. “It will cover all entities falling within RBI’s jurisdiction, which means nonbanks as well,” said Jain.&lt;br /&gt;
&lt;br /&gt;
==The usage of digital wallets/ e-wallets==&lt;br /&gt;
===2016-18===&lt;br /&gt;
[[File: The use of Digital wallets, 2016-18.jpg|The use of Digital wallets, 2016-18 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F06&amp;amp;entity=Ar02312&amp;amp;sk=376BBD96&amp;amp;mode=text  Ombudsman, limited liability cover to make e-wallets safer, December 6, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''See graphic''':&lt;br /&gt;
&lt;br /&gt;
''The use of Digital wallets, 2016-18''&lt;br /&gt;
&lt;br /&gt;
===2018: Indians install e-wallets, but don’t use them===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F28&amp;amp;entity=Ar02110&amp;amp;sk=A3445A2E&amp;amp;mode=text  Rachel Chitra, January 28, 2019: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: Indians and e-wallets, presumably as in 2018.jpg|Indians and e-wallets, presumably as in 2018 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F28&amp;amp;entity=Ar02110&amp;amp;sk=A3445A2E&amp;amp;mode=text  Rachel Chitra, January 28, 2019: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
As many as 85% of Indian users install e-wallets and fintech apps like MobiKwik and Paytm, only to let them remain dormant, according to a study.&lt;br /&gt;
&lt;br /&gt;
“Companies spend huge sums of money to advertise, market themselves, offer discounts and cashbacks to get users on board. But after getting them on board, if usage is low, then it is an indicator that the apps aren’t doing enough to keep customers engaged. And the churn rate (defined by no transaction done in the first two weeks) for India at 85% is worrisome — and is higher than the global average of 77%,” said Almitra Karnik, head of marketing and global growth at CleverTap, which conducted the study.&lt;br /&gt;
&lt;br /&gt;
CleverTap is a Californiabased behavioural analytics company that measured usage patterns in 700 million mobile devices globally for the study. Karnik said if the app is not used in the first two weeks, it will invariably remain dormant thereafter, until a day when the user decides to uninstall it.&lt;br /&gt;
&lt;br /&gt;
About 27% of Indian users uninstall e-wallets within two weeks of usage. But Indian apps seem to have better retention power than their global peers, who have a higher uninstallation rate of 35%. The average rate of reinstallation in India was a low 3%, showing that when a customer has a bad experience with a financial services app, s/he is unlikely to ever return to it.&lt;br /&gt;
&lt;br /&gt;
Paytm did not respond to a request for a comment. Payment services firm PhonePe’s CEO Sameer Nigam said its app retention numbers are much healthier than what the CleverTap study shows. He said that was because a large percentage of its installs are organic (without providing incentives for the download) or referral-driven. “More than 75% of uninstalls happen when the installs are driven by low-quality digital marketing,” he said.&lt;br /&gt;
&lt;br /&gt;
Fintech firm PayU’s CEO Jitendra Gupta also said 85% of downloads of its consumer-facing app LazyPay is organic. The user, he said, sees a clear proposition and is not driven by things like cashbacks. He admitted that the uninstall rate is 28-30%, but said this cannot be the only criterion to judge an app by. “On an average, every user is using LazyPay six times a month. We have 90% repeat users on a monthly basis. Besides, our uninstalls happen in cases where we don’t provide credit facility to the user, and those are obvious cases for uninstallation,” he said. LazyPay provides personal loans and pay-later options.&lt;br /&gt;
&lt;br /&gt;
=Food ordered online=&lt;br /&gt;
==2015: Kolkata, Delhi top Zomato survey==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Kolkata-online-food-orders-fattest-Delhi-2nd-02012016001029 ''The Times of India''] Jan 02 2016&lt;br /&gt;
&lt;br /&gt;
Rachel Chitra&lt;br /&gt;
&lt;br /&gt;
The bhadralok of West Bengal, known for their discerning palate and robust appetite, lead the country with the biggest online food orders, at an average order size of Rs 690, a survey by Zomato shows.&lt;br /&gt;
&lt;br /&gt;
Delhi comes second -at Rs 640 -but pulls off the high est single-value order at Rs 21,500. The food portal did not name the customer, though.&lt;br /&gt;
&lt;br /&gt;
The other cities down the list are Hyderabad (Rs 625), Bengaluru (Rs 540) and Chennai (Rs 500); Mumbai (Rs 490) and Pune (Rs 450) draw up the end. Chicken biryani, burgers, butter chicken, pizza and hakka noodles are customers' most preferred orders.&lt;br /&gt;
&lt;br /&gt;
Overall, north Indian fares on top in the 14-city suvey conducted from May to December 2015, but Chinese, Italian, south Indian and `healthy food' are also popular.&lt;br /&gt;
&lt;br /&gt;
The data shows 86% of customers order from their mobile phones; 53% use Android devices, 29% on iOS handsets and 4% via mobile web gadgets. Only 14% use desktops to order food.&lt;br /&gt;
&lt;br /&gt;
Despite most online payment sites like Paytm and Citrus Pay offering discounts, it is surprising that up to 70% of customers prefer to pay cash on delivery, the data shows. The Indian fondness for a good bargain notwithstanding, big discounts of more than 30% on online food orders actually fail to attract loyal customers, a recent report by food portal Zomato shows. Measuring a six-week retention rate, it found that 43% of repeat customers used discounts of 10% to 15%; 38% used discounts of 20-25% but only 14% made use of steep discounts of 30% or more.&lt;br /&gt;
&lt;br /&gt;
Also, up to 70% of customers preferred to pay cash on delivery despite discounts offered by online payment sites. “It comes from the Indian psyche,“ Travelkhana.com former operations director Siddharth Misra says.“We have an ingrained suspicion of advancing money. So even with the best discounts online you'd still have a long way to go before you can con vince people to pay money ahead of delivery .“&lt;br /&gt;
&lt;br /&gt;
Card payments have nonetheless recorded a growth of 12% to 16 % from September through December, Zomato's data shows.&lt;br /&gt;
&lt;br /&gt;
The fallacy of big discounts is a lesson that not just Zomato learned; TinyOwl and Foodpanda, also clued in, have scaled back their operations. Earlier this week, Food Panda laid off 15% of its workforce and stopped blanket discounts across brands a few months ago.“Deep discounts don't work in the long run because they affect sustainability,“ Misra says.&lt;br /&gt;
&lt;br /&gt;
Thirukumaran Nagarajan, co-founder of online grocery retailer Ninjcart, which boasts 1.18 lakh customers, says his company has stopped offering discounts and now focuses on improving backend operations. “Even though we've stopped offer ing discounts, we are still growing sizeably and receive between 1,200 and 2,000 orders a day ,“ he says.&lt;br /&gt;
&lt;br /&gt;
Suvadip Guin, a software engineer in Bangalore, says Foodpanda and TinyOwl offered discounts of more than 50%. “Add my Patym 10% discount and say a food coupon from Ammi's biriyani or Pizzahut and I can purchase something worth Rs 1,250 for as little as Rs 400,“ he says.&lt;br /&gt;
&lt;br /&gt;
=Government e- marketplace (GeM)=&lt;br /&gt;
==2016-18==&lt;br /&gt;
[https://timesofindia.indiatimes.com/business/india-business/startups-want-government-e-market-to-list-their-services-give-business/articleshow/67017932.cms  Digbijay Mishra, December 10, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
[[File: The Government e- marketplace (GeM), as in 2018, Dec.jpg|The Government e- marketplace (GeM), as in 2018, Dec &amp;lt;br/&amp;gt; From: [https://timesofindia.indiatimes.com/business/india-business/startups-want-government-e-market-to-list-their-services-give-business/articleshow/67017932.cms  Digbijay Mishra, December 10, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''See graphic''':&lt;br /&gt;
&lt;br /&gt;
''The Government e- marketplace (GeM), as in 2018, Dec''&lt;br /&gt;
&lt;br /&gt;
GeM was started in 2016 as a platform for online procurement of common goods and services for different central and state government departments, organisations and public sector companies.&lt;br /&gt;
&lt;br /&gt;
=Government policies=&lt;br /&gt;
==The changes of 2019==&lt;br /&gt;
[https://www.livemint.com/Industry/4e8rKuiaJSGmsNU5BXUSvM/What-India-ecommerce-policy-entails-for-online-retailers.html  Asit Ranjan Mishra, January 16, 2019:: ''Livemint'']&lt;br /&gt;
&lt;br /&gt;
[[File: What India e-commerce policy entails for online retailers.jpg| What India e-commerce policy entails for online retailers &amp;lt;br/&amp;gt; From: [https://www.livemint.com/Industry/4e8rKuiaJSGmsNU5BXUSvM/What-India-ecommerce-policy-entails-for-online-retailers.html  Asit Ranjan Mishra, January 16, 2019:: ''Livemint'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
''The new rules for FDI in e-commerce, to be implemented from 1 February, could throw a spanner in India's thriving online retail sector''&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
In a speech at the All India Traders Convention on 27 February 2014 ahead of the general election, Bharatiya Janata Party’s prime ministerial candidate Narendra Modi surprised everybody by not playing to the gallery.&lt;br /&gt;
&lt;br /&gt;
“I don’t know whether I will gain politically or not by saying this,&amp;quot; Modi told an audience full of traders, his party’s core vote bank. “Whether you like it or not, we need not be afraid of the global challenges in the business world. We should convert this to opportunity. We should not think that ‘if online trade comes, we will be finished’. You should demand (of) the government how to increase your capability to meet this new global challenge rather than telling the government, ‘shut down online trade’. How will you stop it? We have to accept the modern science and technology. We should not plan to flee, but to fight,&amp;quot; Modi said.&lt;br /&gt;
&lt;br /&gt;
Four years later, after extensively liberalizing retail trade, except allowing foreign direct investment (FDI) in multi-brand retail—which was a 2014 manifesto pledge—Modi is showing signs of nervousness. Poll reverses in recent state assembly elections and a resurgent opposition seem to have forced Modi to cosy up to his original voter base, the traders.&lt;br /&gt;
&lt;br /&gt;
On 26 December, a day after Christmas, while festive sales peaked, the department of industrial policy and promotion (DIPP)—the nodal agency for formulating FDI policy—surprised everybody with fresh regulations that could throw a spanner in India’s thriving e-commerce marketplaces. The Modi government allowed 100% FDI under the e-commerce marketplace model but prohibited FDI in inventory based e-commerce. In the first, e-commerce companies act as platforms for vendors to sell their products and in the second, they can sell their own products.&lt;br /&gt;
&lt;br /&gt;
The changes, which will take effect on 1 February, are five-fold: First, marketplace entities cannot buy more than 25% from a single vendor; second, marketplaces will not directly or indirectly give discounts on products; thirdly, entities in which there is equity participation by the marketplace entity cannot sell their products on the platform run by the marketplace; fourthly, e-commerce marketplace entity will not mandate any seller to sell any product exclusively on its platform only; and fifthly, marketplaces will have to submit a compliance report to the Reserve Bank of India (RBI) by 30 September every year.&lt;br /&gt;
&lt;br /&gt;
While the first and second criteria were mandated even earlier, the DIPP always looked the other way when they were violated. The latest changes in the policy are widely believed to be a political move ahead of the general election due in April-May to assuage the trading community which has been hit by demonetization and the implementation of the goods and services tax.&lt;br /&gt;
&lt;br /&gt;
Traders were also miffed with the Modi government’s e-commerce policy, as online trading platforms were harming their businesses by providing deep discounts.&lt;br /&gt;
&lt;br /&gt;
India’s $18-billion e-commerce industry initially thrived in a policy vacuum, aggressively funded by venture capital firms. To legitimize the existing businesses of e-commerce companies operating in India, the government in March 2016 through press note 3 (of 2016 series) allowed 100% FDI in online retail of goods and services under the so-called ‘marketplace model’ through the automatic route and notified new regulations. DIPP through its 26 December notification has now added new stringent regulations to the ones existing in press note 3 of 2016.&lt;br /&gt;
&lt;br /&gt;
While the fresh regulations could spoil plans for greater synergy between Flipkart and its new owner Walmart which operates in the cash-and-carry retail space where 100% FDI is permitted like in e-commerce marketplace entities, it also bars Amazon from selling products from subsidiaries like Cloudtail and Appario where it has significant investments. Cloudtail is a joint venture between Amazon and N.R. Narayana Murthy’s Catamaran Ventures.&lt;br /&gt;
&lt;br /&gt;
The move to ban exclusive deals for products also hurts top online retailers such as Flipkart and Amazon. Flipkart, for instance, has exclusive partnerships with top smartphone brands such as Xiaomi and Oppo. Smartphones make up over 50% of e-commerce sales in India.&lt;br /&gt;
&lt;br /&gt;
A DIPP official speaking under condition of anonymity insisted that press note 3 of 2016 only issues a clarification. “We have not formulated any new policy. We have not even gone to the cabinet for a new policy,&amp;quot; he said. The department is formulating an e-commerce policy, a draft version of which is expected to be released soon, after a similar draft policy by the commerce department was rejected by e-commerce players.&lt;br /&gt;
&lt;br /&gt;
When asked about the motive behind the clarifications, the DIPP official said: “Marketplace should be a pure marketplace. We hope these steps will ensure establishing a pure marketplace and influencing price will be more difficult,&amp;quot; he added.&lt;br /&gt;
&lt;br /&gt;
An official of an e-commerce company speaking under condition of anonymity said the new regulations are draconian and a bigger retrospective move than even the Vodafone tax issue. “It will not only impact e-commerce sector but also FDI inflow in other sectors because regulations can change overnight. The ecosystem is seeking more time for implementation. Under the current political scenario, we don’t expect a review of the regulations immediately. We will have to wait till the election season is over,&amp;quot; the official added.&lt;br /&gt;
&lt;br /&gt;
=== Govt: e-tail majors violated regulations, influenced prices===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F02%2F06&amp;amp;entity=Ar03302&amp;amp;sk=1412CFCE&amp;amp;mode=text  John Sarkar, Govt accuses e-tail giants of violating FDI regulations, February 6, 2019: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: Govt- e-tail majors violated regulations, influenced prices.jpg|Govt- e-tail majors violated regulations, influenced prices &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F02%2F06&amp;amp;entity=Ar03302&amp;amp;sk=1412CFCE&amp;amp;mode=text  John Sarkar, Govt accuses e-tail giants of violating FDI regulations, February 6, 2019: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
''Says Amazon, Flipkart Influenced Prices, Cos Deny Charges''&lt;br /&gt;
&lt;br /&gt;
The government has defended its decision to rework the rules for the marketplace model, accusing the country’s top e-tailers Flipkart and Amazon of operating “hybrid” versions, which were anchored by inventory-based operations through a network of controlled sellers.&lt;br /&gt;
&lt;br /&gt;
This is the first time since the new rules were announced on December 26 that there is clarity on how the e-tailers, who were lobbying at all levels in the government, were “circumventing” the previous rules. Earlier, the government had said it was acting on complaints submitted by several stakeholders.&lt;br /&gt;
&lt;br /&gt;
“Flipkart and Amazon were influencing prices of goods on their platforms through various means, including direct price discounts, covering marketing expenses (marketing campaigns, EMIs, exchange offers) and extending concessional logistics services (packaging, courier, returns), e-wallet cashbacks,” a source told TOI. “Both Flipkart and Amazon involved various intermediaries and group entities in the chain to divide these discounts and spread losses, which impact the domestic retail sector.”&lt;br /&gt;
&lt;br /&gt;
For instance, Amazon Wholesale India would buy branded goods in bulk from manufacturers and allegedly sold to sellers such as Cloudtail, Rocket Kommerce and Green Mobiles at a discount, with the losses shown on its books. Amazon Seller Services is accused of paying for marketing, zero-cost EMIs and some of the other expenses. It would also handle the logisticsrelated activities, with a discount built in. Amazon Pay was also offering cashbacks, which were seen as discounts.&lt;br /&gt;
&lt;br /&gt;
Similarly, Flipkart India allegedly bought goods in bulk, sold it to sellers linked to it such as RetailNet, SuperComNet and OmniTech Retail, Truenet Commerce and India Flash Mart at a discount. Then, Ekart Logistics undertook packaging and shipments, with PhonePe offering cashbacks.&lt;br /&gt;
&lt;br /&gt;
While sources said the operations violated Press Note 3 of 2016, Amazon and Flipkart denied any irregularities. “These comments are completely baseless and untrue. We have received no such communication from the government. We have always been and continue to be compliant with all local laws and regulations,” an Amazon India spokesperson said.&lt;br /&gt;
&lt;br /&gt;
A Flipkart Group spokesperson refused to comment. “The impact on Flipkart seems to be less in the short term but there will be long-term ramifications on its business model due to the tweaks in the policy,” said a company executive.&lt;br /&gt;
&lt;br /&gt;
Several sellers had complained about the practices adopted by e-tailers, which prompted the government to step in, sources said.&lt;br /&gt;
&lt;br /&gt;
=Grocery=&lt;br /&gt;
==Physical Stores Offer More Grocery Than E-Tailers: Sachs, 2012==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=When-offline-deals-beat-online-ones-04102017023029  Digbijay Mishra, When offline deals beat online ones, October 4, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Physical Stores Offer More Grocery Discounts Than E-Tailers: Study'''&lt;br /&gt;
&lt;br /&gt;
Goldman Sachs is slaying the perception that online players like Amazon and BigBasket have outsmarted brickand-mortar retailers with better pricing in daily consumables and groceries. In a recent research report, Goldman Sachs analysts noted that Amazon and BigBasket sold personal care products at 1030% premium compared to traditional supermarkets like D-Mart. The report though predicts online ordering would account for 22% of the modern Indian grocery retailing in five years, up from 3%.&lt;br /&gt;
&lt;br /&gt;
While modern retail is still a small part of overall retail market in India, e-commerce in specific is at a nascent stage. In a bear market, e-commerce could see the highest growth in modern Indian grocery market compared to traditional brick-and-mortar retailers. Traditionally, the grocery play has been a low margin business that requires continuous investments to build a strong supply chain.&lt;br /&gt;
&lt;br /&gt;
“We believe there is an ad ditional cost of about 3-5% of sales for home delivery as compared with pickups from a delivery centre or purchasing from a store. We believe consumers that value convenience over incremental cost will use the home delivery option, while price-sensitive consumers will prefer to pick up the order.Amazon and BigBasket also have the option of express delivery for an additional charge.In our base case, we assume a rapid acceleration in the adoption of online ordering,“ the report noted, while covering Avenue Supermarket, the parent of D-Mart, which offers 10-15% cheaper pricing compared to online grocers.&lt;br /&gt;
&lt;br /&gt;
While D-Mart has presence in132 locations across the country, both BigBasket and Amazon have been ramping up their operations. Amazon, with no worry for capital, has been pushing its grocery business with two products -Pantry and Amazon Now . Pantry , which is for monthly grocery bulk sales, is present in 34 cities and Amazon Now is present in four cities with a promise of a two-hour delivery. BigBasket is delivering across 21 cities with 40,000 orders per day . According to the report, BigBasket accounts for 85% of online grocery market. Kishore Biyani, CEO of Future Group that owns Big Bazaar, said a reason for higher online prices was the mounting pressure on e-commerce players to make profits.“We also have a wide range of products cheaper than many online players. More importantly , they have realised they can't scale grocery business online like other segments and that's why they have gone slow on discounting,“ Biyani added. Murali Krishnan, who recently quit as CEO of Nilgiris, added that traditional retailers have an advantage in logistics compared to the online rivals and that margins are typically about 3-4%. “For brands, the shelf presence created by brick-and-mortar retailers offers more brand awareness than being online -which makes for better negotiations. Online players have figured fashion, electronics as categories but grocery has not seen that yet with the likes of Amazon and others.However, BigBasket has been an exception,“ he added. BigBasket co-founder and CEO Hari Menon told TOI that D-Mart had an advantage of owning the real estate of their stores, which helps their margins.“Their direct sourcing from various FMCG companies and the movement of stock keeping units (SKUs) has helped them further. Not only online grocers but other traditional retailers, too, keep a wider range of SKUs than D-Mart,“ Menon said. An email sent to an Amazon spokesperson did not elicit any response.&lt;br /&gt;
&lt;br /&gt;
About 18-24 months ago, most online grocers were trying to scale up their businesses through the market place model but that did not work out with some forced to shrink their operations. BigBasket is increasingly sourcing from FMCG brands and using its own warehouses.Other companies like Grofers too are trying to do the same. Amazon, too, has partnered with BigBazaar, Spar, and HyperCity for Amazon Now, which promises a two-hour delivery .According to sources, the cart rate (number of products actually sent to consumer compared to original order) for Amazon Now has been about 70-80% since it does not have direct control over the inventory .&lt;br /&gt;
&lt;br /&gt;
=Market share=&lt;br /&gt;
==Indigenous e-commerce peaks in Dec 15; Amazon closes in==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Indian-e-commerce-cart-hits-a-plateau-27062016017013 The Times of India], Jun 27 2016 &lt;br /&gt;
&lt;br /&gt;
Samidha Sharma&lt;br /&gt;
&lt;br /&gt;
''' Indian e-commerce cart hits a plateau ''' &lt;br /&gt;
&lt;br /&gt;
Behind numerous headlines of a cash crunch hit ting major Indian ecommerce companies, and commerce companies, and their valuations being questioned, is a revelation not too many people are talking about. Indian e-commerce was emblematic of frenetic growth until very recently , but the last six to eight months have seen the industry come to a grinding halt, making it an inflection point for all the players involved.&lt;br /&gt;
TOI accessed and analysed data for top e-tailers, which revealed that the online retail market stagnated between May 2015 and 2016 in terms of the value of goods sold. While in May 2015, the e-commerce biggies clocked a gross merchandise value, or GMV , run rate of $9 billion, that number has only inched up to about $10 billion at the end of May this year, translating into an 11% annual growth. In December 2015, the total GMV run rate had reached $10.5 billion on the back of the festive season, which typically sees a rush of discounting from all e-tailers.&lt;br /&gt;
&lt;br /&gt;
GMV is overall sales on an online marketplace, excluding discounts and returns which are an integral part of the e-commerce market.&lt;br /&gt;
&lt;br /&gt;
The data gleaned from primary research and vetted by multiple stakeholders in the industry indicated that Flipkart, the country's largest online retail player, has seen its GMV run rate stall at about $4 billion for almost a year, while an aggressive Amazon has gone from clocking $1 billion to $2.7 billion in gross sales. However, Amazon's operations in India only began three years ago and it's been gaining ground on a smaller base.What's worth noting is that Flipkart notched up a 400% growth the year before, when it's GMV zoomed from $1 billion to $4 billion, post which the numbers have gone flat.Gurgaon-based Snapdeal, on the other hand, has seen an almost 50% knock-down in sales numbers after similar highs it touched exactly a year ago. The company said as of June, its GMV run rate was more than $2.5 billion.&lt;br /&gt;
&lt;br /&gt;
An email sent to Flipkart's spokesperson did not elicit a response till the time of going to press. In an earlier interaction with TOI, Amit Agarwal, Amazon's India head, had said the online retailer hadn't witnessed any signs of a slowdown and, instead, had grown shipments impressively at 150% in the first quarter of the calendar year.&lt;br /&gt;
&lt;br /&gt;
E-commerce companies earn anywhere between 5% and 15% in commission from sellers, which makes up their revenue. GMV had been the key metric for all e-tai lers in India to show rapid growth and ratchet up their valuations in multi-billiondollar fund-raises over the past two years. But with sales staying flat or declining, most e-commerce players are now starting to focus on returning customers, which their founders keep stressing in media interactions.GMV run rate varied from month to month and is pretty jagged, depending on promotions and discounts that are available at the time. But the data collated by TOI points to a palpable slowdown for the first time after a heady period of growth.&lt;br /&gt;
&lt;br /&gt;
''' Reduced Discounting Slowing Growth? ''' &lt;br /&gt;
&lt;br /&gt;
Post March 2016, most etailers have reduced promotional campaigns after the Indian government introdu ced new policy guidelines for online marketplaces. The fresh rules prohibit online retailers from offering discounts directly . Cash burn for Amazon, for instance, had risen up to almost $80-90 million per month in the early part of the year -more than double of Flipkart's -but has since stabilized, people privy to the matter said.Amazon's Agarwal, when asked about it recently, did not give details on the mounting cash burn involved in weaning away Indian consumers from rivals.&lt;br /&gt;
&lt;br /&gt;
An investor who has been tracking e-commerce says if the market has momentarily stopped growing, it's because online players have reduced investments into market development. A slug of risk capital came into India's online commerce industry , with Flipkart leading the pack. Founded in 2007 as an online bookstore, the Bengaluru-based poster boy of India's thriving startup ecosystem scooped up $3.2 billion, a majority of the funding coming over the past two years, while Snapdeal collected $1.3 billion. The Jeff Bezos-led Amazon, too, has been pumping billions into India, the latest being a $3-billion investment announcement -taking its overall commitment for the country to $5 billion in three years of launching here.&lt;br /&gt;
&lt;br /&gt;
''' Has Online Consumer Base Capped Out? ''' &lt;br /&gt;
&lt;br /&gt;
India's online shopping market, according to rough esti mates, is 60-70 million, and is expected to go up to 100 million in the next few years. A notable spike happened in the past three years, but the divide between tier I and tier II cities is still very wide. The top 6-8 cities contribute 90% of sales for all the consumer internet players, including app-based cab aggregators like Ola and Uber.&lt;br /&gt;
&lt;br /&gt;
In an earlier interaction with TOI, Binny Bansal, cofounder &amp;amp; CEO, Flipkart, said the e-commerce major was keenly looking at ways to tap into its existing base of users. “There are 50-60 million consumers buying online today . Given the large base, it makes sense to ensure you are selling more to the same customers as that opportunity is big enough compared to three years back,“ he had said. Snapdeal's co-founder &amp;amp; CEO Kunal Bahl, too, has reiterated his focus on the e-tailer's high-value consumers, suggesting GMV was not the metric his company was chasing anymore. “Our GMV run rate continues to be healthy and above $2.5 billion.We are significantly focused on delivering the best experience, growing our net revenue which has increased three times in the last 12 months,“ a Snapdeal spokesperson said in an emailed response to TOI. GMV was described by many as a vanity metric during the past few years when e-commerce registered exponential growth.&lt;br /&gt;
&lt;br /&gt;
“The moment of reckoning is coming or may have come already for Indian ecommerce companies. The ease with which these companies have been able to raise money from VCs may have made them all sloppy , and the test then will be which ones can now work on the `building-a-business' channel. As for whether the fault lies with Indian consumers for not jumping fast enough onto the online wagon, it is a chicken-and-the-egg problem that we have to deal with,“ says Aswath Damodaran, professor of finance at the Stern School of Business at New York University .&lt;br /&gt;
&lt;br /&gt;
What all of this will mean for online retailers is that from here on, raising new capital at present valuations will be a very tough proposition. Flipkart has been conserving cash and has substantially brought down its burn rate to wade through this phase of slow growth.Besides Amazon, there's Alibaba stitching up plans for a direct entry into e-commerce, making it a contest between the two global powerhouses and the Indian incumbents. The next one year will be extremely significant for the local online retailers as they go back to the basics and try to make their businesses self-sustaining while moving towards a tough path to profitability.&lt;br /&gt;
&lt;br /&gt;
==Homemakers earn $9bn through social media==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Homemakers-clock-9bn-biz-through-social-media-01062017001022  Digbijay Mishra, Homemakers clock $9bn biz through social media, June 1, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Puja Singh used to run an in dependent apparel store for 10 years but had to shut shop as she moved from Hyderabad to Bokaro. She never went back to opening another physical store; instead, she opted to sell her wares using WhatsApp and Facebook, as a re-seller.&lt;br /&gt;
&lt;br /&gt;
Many Indian women like Singh are using social media to ride the e-comm wave and reach customers. A report by consulting firm Zinnnov shared exclusively with TOI says 2 million homemakers are clocking business worth $8-9 billion in gross sales by reselling lifestyle and clothing products using the two social media platforms. While e-commerce ma jors like Flipkart and Amazon hog the limelight with their transaction volumes, these homemakers, using basic internet tools, are projected to touch anywhere between $48-60 billion in gross sales by 2022, the Zinnov report pointed out.Online re-sellers typically use WhatsApp and FB to market their products after sourcing them from suppliers who typically keep a bigger stock of products.&lt;br /&gt;
&lt;br /&gt;
The re-sellers then make 15-20% of the order value as commission for selling these products.&lt;br /&gt;
&lt;br /&gt;
Singh says she sells anywhere between 70-80 units of clothing every month and has managed to get buyers from outside her state leveraging the reach of WhatsApp.“As many as 70% of my products are sold locally but I am getting order requests from other Indian cities. Based on the initial success, I plan to sell other categories as well,“ she says.&lt;br /&gt;
&lt;br /&gt;
Just like Singh in Bokaro, Nidhi Jain in Jaipur started her own retail business as a supplier using these social media channels. “I used to take small orders from other suppliers to resell but that has changed with my growing network resulting in higher sales. WhatsApp is mostly used for payments and logistics, but the expansion of consumer base and product discovery is largely through Facebook,“ Jain says. Meesho, a Y Combinator startup, which offers tools to such women to help them start their businesses through WhatsApp and Facebook, says it's banking on the mammoth opportunity this segment presents here in India.“We are not looking for revenues from this set of sellers.The fact that such a market has been created already with two million active re-sellers shows the potential of the opportunity ,“ says Vidit Aatrey, founder and chief executive of Meesho. The total market for women re-sellers is expected grow at 40-50% annually for the next five years. This means it would be over 5% of India's total retail market, he avers.&lt;br /&gt;
&lt;br /&gt;
What's aiding the growth of these re-sellers is the increased usage and access of smartphones in tier-1 cities, which make up 50-60% of the market, while tier-2 and tier-3 cities contribute the rest.Most of these sellers currently use net-banking options and digital wallets for facilitating payments as they compete with bigger online commerce players -which have a gamut of payments options for consumers. Looking at the growing base of re-sellers WhatsApp has been exploring options to start its own payments platform in India.&lt;br /&gt;
&lt;br /&gt;
“I have always been in Jaipur and used to work in an education institute. Though the job wasn't bad, I would prefer to do be my own boss. My business is growing which is why I'm planning to scale it up steadily ,“ Jain says.&lt;br /&gt;
&lt;br /&gt;
==2016, 2017: Market share==&lt;br /&gt;
[[File: The market-shares of the three main e commerce players in India in 2016, 2017.jpg| The market-shares of the three main e commerce players in India in 2016, 2017; [http://epaperbeta.timesofindia.com/Gallery.aspx?id=11_04_2017_019_029_009&amp;amp;type=P&amp;amp;artUrl=Indian-e-tailing-Its-likely-to-remain-a-11042017019029&amp;amp;eid=31808 The Times of India] , April 11, 2017|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
'''See graphic''':&lt;br /&gt;
&lt;br /&gt;
''The market-shares of the three main e commerce players in India in 2016, 2017''&lt;br /&gt;
&lt;br /&gt;
=See also=&lt;br /&gt;
[[Agriculture: India]]&lt;br /&gt;
&lt;br /&gt;
[[Internet, the worldwide web and India]]&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Jammu_%26_Kashmir:_Militant_violence</id>
		<title>Jammu &amp; Kashmir: Militant violence</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Jammu_%26_Kashmir:_Militant_violence"/>
				<updated>2019-02-21T03:22:36Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: /* 2015-2017 */&lt;/p&gt;
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This is a collection of articles archived for the excellence of their content.&amp;lt;br/&amp;gt;&lt;br /&gt;
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[[Category:India |J ]]&lt;br /&gt;
[[Category:Crime |J ]]&lt;br /&gt;
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=Year-wise statistics=&lt;br /&gt;
==Incidents and fatalities, 1990-2014==&lt;br /&gt;
&lt;br /&gt;
'''  Terrorist violence in Jammu and Kashmir '''&lt;br /&gt;
&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Gallery.aspx?id=08_12_2014_007_021_003&amp;amp;type=P&amp;amp;artUrl=STATOISTICS-08122014007021&amp;amp;eid=31808''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: Terrorist violence J&amp;amp;K 1990-2003.png| Terrorist violence J&amp;amp;K 1990-2003 &amp;lt;br/&amp;gt; ''India Today'' April 30, 2017|frame|500px]] &lt;br /&gt;
See graphics, 'Terrorist violence in Jammu and Kashmir in 1990-2014'&lt;br /&gt;
&lt;br /&gt;
Terrorist violence J&amp;amp;K 1990-2003&lt;br /&gt;
Terrorist violence J&amp;amp;K 2004-March 2017 &lt;br /&gt;
&lt;br /&gt;
[[File: te.jpg|Terrorist violence in Jammu and Kashmir in 1990-2014 &amp;lt;br/&amp;gt;  December 8, 2014|left|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
[[File: Terrorist violence J&amp;amp;K 2004-2017.png| Terrorist violence J&amp;amp;K 2004-March 2017 &amp;lt;br/&amp;gt; ''India Today'' April 30, 2017 |frame|500px]]&lt;br /&gt;
&lt;br /&gt;
== Fatalities, 1990-2017 ==&lt;br /&gt;
[http://indiatoday.intoday.in/story/kashmir-mehbooba-mufti-centre-peoples-democratic-party/1/945174.html Asit Jolly , Can she stem the rot? “India Today” 15/4/2017]&lt;br /&gt;
&lt;br /&gt;
[[File: India Today , April 30,2017 .png| India Today , April 30,2017 |frame|500px]]&lt;br /&gt;
&lt;br /&gt;
===1990-2017===&lt;br /&gt;
[13,796 civilians killed in J&amp;amp;K since start of militancy: MHA The Times of India 19 April 2018]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
As many as 13,796 civilians and 5,123 security force personnel have been killed in Jammu &amp;amp; Kashmir since the advent of militancy in the 1990s. In fact, fatal civilian casualties in the state in 2017 were the highest in five years, registering a 167% rise to 40 from 15 in 2016.&lt;br /&gt;
&lt;br /&gt;
==2002-19: the five worst incidents==&lt;br /&gt;
[[File: Some deadliest Jammu &amp;amp; Kashmir terror attacks- October 1, 2001 - November 2002- fatalities; Some details about the deadliest attack on February 14, 2019.jpg|Some deadliest Jammu &amp;amp; Kashmir terror attacks- October 1, 2001 - November 2002- fatalities; &amp;lt;br/&amp;gt; Some details about the deadliest attack on February 14, 2019 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F02%2F15&amp;amp;entity=Ar00506&amp;amp;sk=EDC08635&amp;amp;mode=text  Saleem Pandit, February 15, 2019: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
'''See graphic''':&lt;br /&gt;
&lt;br /&gt;
''Some deadliest Jammu &amp;amp; Kashmir terror attacks- October 1, 2001 - November 2002- fatalities; &amp;lt;br/&amp;gt; Some details about the deadliest attack on February 14, 2019''&lt;br /&gt;
&lt;br /&gt;
==Terror incidents, 2010-June 2017==&lt;br /&gt;
&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Gallery.aspx?id=24_07_2017_007_032_012&amp;amp;type=P&amp;amp;artUrl=Local-intel-spurs-JK-anti-terror-ops-24072017007032&amp;amp;eid=31808 Bharti Jain|Local intel spurs J&amp;amp;K anti-terror ops|Jul 24 2017 : The Times of India (Delhi)]&lt;br /&gt;
&lt;br /&gt;
[[File:jk.png|Terror incidents, 2010-June 2017.jpg| i) Terror incidents, 2010-June 2017, &amp;lt;br/&amp;gt; ii) Stone-pelting incidents,&amp;lt;br/&amp;gt; iii) Civilians and iv) forces personnel killed, injured &amp;lt;br/&amp;gt; From [http://epaperbeta.timesofindia.com/Gallery.aspx?id=24_07_2017_007_032_012&amp;amp;type=P&amp;amp;artUrl=Local-intel-spurs-JK-anti-terror-ops-24072017007032&amp;amp;eid=31808 '' The Times of India ''] |frame|500px]]&lt;br /&gt;
&lt;br /&gt;
==2014-19 Feb: fatalities==&lt;br /&gt;
[[File: 2014- Feb 19- fatalities in Jammu &amp;amp; Kashmir.jpg|2014- Feb 19- fatalities in Jammu &amp;amp; Kashmir &amp;lt;br/&amp;gt; From: [https://timesofindia.indiatimes.com/india/for-2-years-now-jaish-has-been-pakistans-sword-arm/articleshow/68000684.cms  Aarti Tikoo Singh, February 15, 2019: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''See graphic''':&lt;br /&gt;
&lt;br /&gt;
''2014- Feb 19- fatalities in Jammu &amp;amp; Kashmir''&lt;br /&gt;
&lt;br /&gt;
== 2015-2017 ==&lt;br /&gt;
[https://www.indiatoday.in/magazine/cover-story/story/20180226-kashmir-pakistan-attack-indian-army-sunjuwan-army-camp-attack-nirmala-sitharaman-1170923-2018-02-15 Sandeep Unnithan  , No war no peace “India Today” 26/2/2018]&lt;br /&gt;
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[[File: Terror strikes across J&amp;amp;K.jpeg| Terror strikes across J&amp;amp;K |frame|500px]]&lt;br /&gt;
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&lt;br /&gt;
== 2016-2017 ==&lt;br /&gt;
[http://epaper.dailyexcelsior.com/epaperpdf/2018/mar/18mar08/page3.pdf Daily Excelsior , 777 incidents of infiltration in J&amp;amp;K ,94 terrorists killed &amp;quot;Daily Excelsior&amp;quot; 8/3/2018]&lt;br /&gt;
&lt;br /&gt;
There were 777 incidents of infiltration into Jammu and Kashmir in which 94 terrorists were killed by security forces in past two years, the Rajya Sabha was informed today. Union Minister of State for Home Kiren Rijiju said there were 16 incidents of infiltration into Punjab in which seven terrorists were killed and 11 others were apprehended in past two years. Replying to a written question, Rijiju said there were 406 cases of infiltration into Jammu and Kashmir in 2017 in which 59 terrorists were killed. In 2016, there were 371 incidents of infiltration into the State in which 35 militants were killed and three were arrested, he said. The Minister said security forces have been carrying out effective domination through round-the-clock surveillance, patrolling, border ambushes and by deploying observation posts along the International Borders of the country. &amp;quot;The riverine segments of international borders of the country are being patrolled and dominated with the help of water crafts/speed boats/floating Border Out Posts (BOPs) of Border Security Force (BSF) water wings,&amp;quot; he said. Rijiju said introduction of force multipliers and hi-tech surveillance equipment fullyequipped with day and night vision devices have enhanced the border domination. &amp;quot;Vulnerability mapping of entire border has been made a continuous process based on which sensitive spots are identified and adequate measures are taken to further strengthen security in these spots,&amp;quot; he said. The Minister said it has also been decided to deploy technological solutions in the form of Comprehensive Integrated Border Management System (CIBMS), on a pilot basis to begin with, in different terrains on India-Pakistan border and India-Bangladesh border. The technological solutions are based on integration of sensors and surveillance equipment like radars, day and night vision cameras etc. In a network architecture with command and control system, he said. There were 4,799 stone-pelting incidents and 872 terror incidents in Jammu and Kashmir in past three years. Union Minister of State for Home Hansraj Gangaram Ahir said 730 incidents of stone pelting were reported in 2015. In 2016, he said, 2,808 such incidents were reported, and in 2017, the incidents numbered 1,261. In a written reply to a question, he said there were 208 incidents of terrorist violence in Jammu and Kashmir in 2015, 322 in 2016 and 342 such incidents in 2017. Twenty-nine Army personnel lost their lives in nine terror attacks on defence stations and Army camps in Jammu and Kashmir since 2015, the Government informed the Lok Sabha today. Twenty terrorists were killed and two civilians lost their lives in the attacks, Minister of State for Defence Subhash Bhamre said in a written response to a question in the Lower House. The highest casualty was in 2016, when a group of terrorists stormed an Army camp in Uri, resulting in the death of 26 personnel. This year, one terror attack&lt;br /&gt;
&lt;br /&gt;
==Deaths in Kashmir: militants, civilians, policemen/ / 2014-15==&lt;br /&gt;
[[File: Militancy-related incidents in Kashmir, 2014, 2015.jpg| Militancy-related incidents in Kashmir, 2014, 2015; Graphic courtesy: [http://epaperbeta.timesofindia.com/Gallery.aspx?id=08_10_2015_014_037_009&amp;amp;type=P&amp;amp;artUrl=Infiltration-bids-down-in-15-but-more-men-08102015014037&amp;amp;eid=31808 ''The Times of India''], October 8, 2015|frame|500px]] &lt;br /&gt;
&lt;br /&gt;
''' Sources: '''&lt;br /&gt;
&lt;br /&gt;
'' 1. The Times of India, June 20, 2011 ''&lt;br /&gt;
&lt;br /&gt;
'' 2. J&amp;amp;K government documents ''&lt;br /&gt;
&lt;br /&gt;
''' State data refutes claim of 1 lakh killed in Valley ''' &lt;br /&gt;
&lt;br /&gt;
They are figures that have been quoted so often that they are widely believed to be true: almost 100,000 dead Kashmiri civilians and 10,000 people who have disappeared in the last two decades. From public meetings in small villages to TV studios, from online pages to newspaper reports, these figure are cited and printed, used to stir emotions and silence voices in Kashmiri society. But nobody bothers to explain how these figures were arrived at. &lt;br /&gt;
TOI accessed Jammu &amp;amp; Kashmir government documents to arrive at the truth behind the urban legend. Collected between January 1990 and April 2011, the records are comprehensive and give year-wise breakup of all violent incidents in the state, the nature of the acts of violence, the number of people killed, and also the circumstances that led to the deaths. &lt;br /&gt;
&lt;br /&gt;
Here’s what the data says. In the last 21 years, 43,460 people have been killed in the Kashmir insurgency. Of these, 21,323 are militants, 13,226 civilians killed by militants, 3,642 civilians killed by security forces, and 5,369 policemen killed by militants.&lt;br /&gt;
&lt;br /&gt;
''' 43,460 people killed in Kashmir insurgency between Jan 1990 and April 2011 ''' &lt;br /&gt;
&lt;br /&gt;
''' 21,323 were militants 13,226 civilians killed by militants ''' &lt;br /&gt;
&lt;br /&gt;
''' 3,642 civilians killed by security forces ''' &lt;br /&gt;
&lt;br /&gt;
''' 5,369 policemen killed by militants ''' &lt;br /&gt;
&lt;br /&gt;
''' Militants have killed over 13,000 Kashmiris since 1990 ''' &lt;br /&gt;
&lt;br /&gt;
It seems that claims made by separatists on the number of Kashmiris killed during the insurgency are far from the truth. &lt;br /&gt;
&lt;br /&gt;
Of the 43,460 people killed in the Kashmir insurgency in the last 21 years, 21,323 militants were killed in operations by security forces and include both Kashmiri and foreign militants. And of the 5,369 members of the security forces killed by militants, around 1,500 are Kashmiri policemen. &lt;br /&gt;
&lt;br /&gt;
The government has collated the figures of civilians killed by security forces since 1990: it lists 3,642 people. The numbers vary from a high of 539 civilians killed in 1990, the year in which 51 people were massacred by the CRPF in just one incident when it fired at a crowd of protesters on a bridge at Gaw Kadal in downtown Srinagar, to 120 protesters killed across the state in firing by the police and paramilitary forces in the summer of 2010. The records also show another slaughter that has gone on ceaselessly since 1990, a slaughter that nobody comments on, nobody laments: of Kashmiris killed by militants since 1990. Of the 13,226 civilians killed by militants, 11,461 were shot and 1,765 died in grenade blasts and explosions. &lt;br /&gt;
&lt;br /&gt;
These deaths are the ugly truth that Kashmir has learnt to ignore. The civilians killed fall into a black hole that Kashmiri society never discusses, remembers or protests against. They include two young sisters, Arifa (16) and Akhtara (18), who on January 31, 2011, were dragged out of their one-room house in downtown Sopore and killed. Akhtara took four wounds on her face and Arifa was shot in the chest. They were accused of being “immoral.” &lt;br /&gt;
&lt;br /&gt;
The moderate, the mukhbir (informer), the political activist or the unlucky bystander, these deaths are forgotten the day after they occur. But the central message is remembered: if you cross the line, you shall pay with your life. The knowledge that you can be killed anytime, anywhere, and the fear of the hidden assassin, has percolated across society. That’s why separatist leaders like Omar Farooq or Abdul Ghani Bhatt, who have spent years spreading the truth about the atrocities on Kashmiris by security forces, are protected by the very same CRPF and J&amp;amp;K police. That’s why many journalists in Kashmir are followed around by armed policemen. No local newspaper dares print a story accusing militants of killing a civilian; the operative word is “unidentified gunmen”. &lt;br /&gt;
&lt;br /&gt;
These 13,226 Kashmiris just do not exist in the collective psyche. There are no websites to them, no petitions and no organizations to keep alive their memory. Their only contribution has been to cement fear in 70 lakh people, where a clear distinction exists between what is said privately and in company. These figures are from the government. They make no mention or distinction between the official account and what sometimes happens in this dirty war. For example, there’s no clarity on whether the 21,323 militants claimed killed in operations by security forces includes or excludes the six innocent Kashmiri boys picked up and murdered by the Army after the Chittisingpora massacre in 2000. &lt;br /&gt;
&lt;br /&gt;
The Army had claimed they were foreign militants responsible for killing 36 Sikhs in Chittisingpora. The CBI later said the Army had abducted the six from places around Anantnag and shot them in cold blood. Or the three innocent young Kashmiris “bought” by an Army unit for Rs 50,000 each and murdered in Machil in April 2009. &lt;br /&gt;
&lt;br /&gt;
So, how many militants killed were actually militants? How many of the civilians killed by militants, as claimed by the government, were victims of Hizbul Mujahideen and the Lashkar and not of “government agencies” as the separatists claim? Unfortunately, neither the Hurriyat nor the LeT have any lists of their own. The only thing these records establish is that one lakh people haven’t died in Kashmir insurgency. &lt;br /&gt;
&lt;br /&gt;
What they help prove is that minus the some 4,000 jawans of the Army, BSF and the CRPF and the 5,000 odd “mehman mujahideen” from Pakistan, 34,000 Kashmiri men and women have died violent deaths as militants, mainstreamers, moderates or mukhbirs.&lt;br /&gt;
&lt;br /&gt;
==2015: Fewer civilians killed, but terrorist violence up==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Fewer-civilians-killed-but-terrorist-violence-up-in-03112015019034 ''The Times of India''], Nov 03 2015&lt;br /&gt;
[[File: Terrorist violence in J&amp;amp;K, 2010-15.jpg|Terrorist violence in J&amp;amp;K: 2010-15 ; Graphic courtesy: [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Fewer-civilians-killed-but-terrorist-violence-up-in-03112015019034 ''The Times of India''], Nov 03 2015|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
[[File: Number of terrorists killed in Jammu and Kashmir, 2012-April 2017.jpg|Number of terrorists killed in Jammu and Kashmir, 2012-April 2017; [http://epaperbeta.timesofindia.com//Gallery.aspx?id=03_05_2017_021_020_012&amp;amp;type=P&amp;amp;artUrl=Terror-factories-along-LoC-back-working-overtime-03052017021020&amp;amp;eid=31808 The Times of India], May 3, 2017 |frame|500px]]&lt;br /&gt;
&lt;br /&gt;
Bharti Jain&lt;br /&gt;
﻿&lt;br /&gt;
﻿'''Fewer civilians killed, but terrorist violence up in J&amp;amp;K'''&lt;br /&gt;
&lt;br /&gt;
''Jihadis going more after securitymen''&lt;br /&gt;
&lt;br /&gt;
Terrorist violence in Jammu and Kashmir in 2015 has surpassed the levels recorded in 2014, with 169 incidents and 35 security personnel killed until October 25 as compared to 167 incidents and 30 force casualties in the corresponding period in 2014.&lt;br /&gt;
Though 86 terrorists were neutralized till October 25 against 83 in the same period of 2014 and the civilian casualties caused while maintaining law and order stagnated at four, the number of civilian killings by the militants fell to 16 from 20 last year.&lt;br /&gt;
&lt;br /&gt;
The latest statistics mark a year-on-year increase in most terror indices related to J&amp;amp;K. In fact, at 169 incidents until October 25, the figure of 170 incidents recorded in the whole of 2014 is set to be surpassed soon. Nevertheless, incidents have shown a steady decline from the high of 488 recorded in 2010, followed by 340 in 2011 and 220 in 2012.The security forces killed in terrorism-related incidents is lower than 2013 but higher than the 2011 and 2012 figure.&lt;br /&gt;
&lt;br /&gt;
Terrorists, wary of losing ground support, are going after security forces more than civilians. Civilian killings have fallen from 28 in 2014, though they exceeded the levels (15 fatal casualties) seen in 2012 and 2013.&lt;br /&gt;
&lt;br /&gt;
The security forces are not taking the higher casualties lying down and are retaliating in equal measure to terrorist attacks. As many as 86 terrorists were killed until October 25, as compared to 67 in 2013 and 72 in 2012. It remains to be seen if the 2015 figure of terrorist killings will surpass the 2014 mark of 110.&lt;br /&gt;
&lt;br /&gt;
According to home ministry sources, around 200-220 terroristsmilitants, both local and foreign, are estimated to be holed up in the Valley .Though they possess arms, not many are actively engaging security forces in encounters. “This could be due to their poor and inadequate train ng. Earlier, militants could exfiltrate and train at camps n PoK but the heightened vigil by Indian forces at the border has made this a difficult proposition... not many ocal recruits are well-versed n the use of arms, which has made them less of a worry to he security agencies,“ a senior officer in the security es ablishment told TOI.&lt;br /&gt;
&lt;br /&gt;
Sources said much of the local recruitment was taking place in Tral and Pulwama.“Many of the new recruits are unable to adapt to the hard life of a militant that involves liv ng in the jungles... they are not as committed or hardened and there have been some cases of these terrorists want ng to return to their fam lies,“ the officer said.&lt;br /&gt;
&lt;br /&gt;
==2016==&lt;br /&gt;
===2016: An increase in soldiers killed===&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=In-Kashmir-Valley-alone-71-soldiers-killed-this-18122016014029 ''The Times of India''], Dec 18 2016&lt;br /&gt;
&lt;br /&gt;
[[File: Security personnel killed in Jammu and Kashmir, 2008-16.jpg|Security personnel killed in Jammu and Kashmir, 2008-16; Graphic courtesy: [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=In-Kashmir-Valley-alone-71-soldiers-killed-this-18122016014029 ''The Times of India''], Dec 18 2016|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Terrorists Hit Army Convoy In Pampore'''&lt;br /&gt;
&lt;br /&gt;
Terror attack in Pampore, in which three soldiers were killed, took the number of casualties among forces this year to 87, making 2016 the bloodiest year since 2008 for security personnel in Jammu &amp;amp; Kashmir.&lt;br /&gt;
&lt;br /&gt;
Two motorcycle-borne terrorists opened fire on an Army convoy on the Srinagar-Jammu highway in south Kashmir's Pulwama district in the afternoon. Police sources and eyewitnesses said terrorists wearing pherans fired incessantly at vehicles carrying the Army men near Kadlabal in Pampore. After the attack, the terrorists fled from the spot, sources said.&lt;br /&gt;
&lt;br /&gt;
A massive search opera tion had been launched, an Army spokesperson said.The security forces exercised restraint due to the presence of a large number of civilians in the nearby market, police said.&lt;br /&gt;
&lt;br /&gt;
According to terrorwatch data site SATP, 84 security force personnel were killed in 2016, till last week, in various terror-related incidents in the conflict-ridden state. In 2008, which was marked by the Mumbai terror attacks and the subsequent escalation of tension between India and Pakistan, 90 security personnel were killed in the state. The following year, 78 se curitymen were killed in various terror-related incidents. The number of casualties among the forces dropped sharply to 17 in 2012.In 2013, the number went up to 61but came down steadily to 51 in 2014 and 41 in 2015.&lt;br /&gt;
&lt;br /&gt;
Of the 87 casualties in 2016, 71 were killed in Kashmir Valley. More than three dozen Army men, including half a dozen officers, were killed in different attacks in 2016.&lt;br /&gt;
&lt;br /&gt;
Nineteen Army men were killed in the Uri terror attack this year that led to massive ceasefire violations along the Indo-Pak border.&lt;br /&gt;
&lt;br /&gt;
Security convoys have been targeted several times through the Pampore stretch of Srinagar-Jammu national highway that is also used to carry supplies to the Srinagar-based 15 Corps of the Indian Army . On February 20 this year, militants attacked an Army convoy and then took refuge in the government-run Entrepreneurship Development Institute. In the three-day standoff, three soldiers, including two captains and a Special Forces operator, were killed and part of the building was destroyed. On June 25, Lash kar-e-Taiba terrorists ambushed a CRPF convoy along the same Srinagar-Jammu national highway near Frestabal area of Pampore, killing eight officers.&lt;br /&gt;
&lt;br /&gt;
The EDI building in Pampore was again targeted in October, resulting in another three-day stand-off between the forces and militants.&lt;br /&gt;
&lt;br /&gt;
===2016: Killing Of Terrorists Up 300%, Force Casualties 87%===&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Terror-related-cases-in-JK-at-4-yr-07122016015038  Terror-related cases in J&amp;amp;K at 4-yr high: Dec 7, 2016, The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Killing Of Terrorists Up 300% From 2015 While Force Casualties Have Jumped 87%'''&lt;br /&gt;
&lt;br /&gt;
Terror-related violence in Jammu &amp;amp; Kashmir has peaked to its highest level in four years, with incidents up 47% and killing of terrorists witnessing a 300% spike over 2015. Also, with fidayeen going after security personnel and their camps, force casualties have jumped 87% from 39 in 2015 to 71 till November 27, 2016.&lt;br /&gt;
&lt;br /&gt;
In yet another interesting set of data put out in reply to a different question, the home ministry said 437 ceasefire violations were reported in 2016 in J&amp;amp;K until November 30, up from 405 in 2015. Of the 437 violations in 2016, 221 took place on the international border manned by BSF and 216 along the Line of Control guarded by the Army . The corresponding figures in 2015 were 253 violations on the international border and 152 on the LoC.&lt;br /&gt;
&lt;br /&gt;
The ceasefire violations in 2016 resulted in killing of 12 civilians and injuries to 80 others, apart from leaving 111 houses structures damaged as on November 7, 2016. While eight Army personnel were killed and 74 injured till November 26 (as against six killed and 17 injured in 2015), the BSF suffered five fatal and 25 non-fatal casualties till November 30 this year.&lt;br /&gt;
&lt;br /&gt;
The ceasefire violations in 216 temporarily displaced 27,449 people in J&amp;amp;K as they shifted to safer locations following the surgical strikes. Of this, around 6,000 persons were accommodated in relief camps and others stayed with their relatives. Majority of these people have now returned home and only around 220 families comprising around 700 persons are lodged in three relief camps.&lt;br /&gt;
&lt;br /&gt;
==2017==&lt;br /&gt;
===June 2017===&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=With-42-deaths-bloodiest-Ramzan-in-Kashmir-in-24062017010017  Saleem Pandit, With 42 deaths, bloodiest Ramzan in Kashmir in yrs , June 24, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
At least 42 people, including nine policemen, were killed in Kashmir in June 2017 in what could be the bloodiest Ramzan in the Valley in years. The toll includes 27 militants and six civilian deaths.&lt;br /&gt;
&lt;br /&gt;
===Security forces’ casualties, 2016-July 2017===&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Pulwama-attack-ups-Armys-JK-casualties-27082017011022  Bharti Jain, Pulwama attack ups Army's J&amp;amp;K casualties, August 27, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The significant casualties suffered by the J&amp;amp;K police and CRPF in the fidayeen attack at Pulwama come at the back of a comparatively good year so far for the forces, with 31 security personnel martyred and 101 injured against 62 deaths and 192 injured in all of 2016.&lt;br /&gt;
&lt;br /&gt;
Though attacks are higher with 79 cases of security forces having been targeted in the Valley state till August 25 as compared to 100 in 2016, the figure for July is way below June when a spurt in attacks on J&amp;amp;K police and para-military forces was reported.There were 12 attacks that killed three personnel and injured 10 in July this year, down from 26 attacks, 13 fatal casualties and 35 injured in June.Just one security personnel was killed in August (in first 25 days) but now with the Pulwama reverses, it will be fairly close to the eight fatal casualties reported in August 2016.&lt;br /&gt;
&lt;br /&gt;
This year, attacks on uniformed men peaked in June but have been on the decline since with 12 attacks in July and six so far in August. Similarly , notwithstanding the high killings of terrorists in J&amp;amp;K this year (134 till August 17), the security force killings are half of the 2016 figure. 16 security personnel were killed and 54 injured in the past two-and-a-half months, as compared to 21 killed and 123 injured in the corresponding period of 2016. “The sustained intelligence-based operations undertaken in the recent months are carefully planned and carried out with close coordination among the J&amp;amp;K police, Army and CRPF, minimising casualties,“ said a senior official.&lt;br /&gt;
&lt;br /&gt;
According to the agencies, with the heavy reverses inflicted on terrorists, J&amp;amp;K terror outfits are under pressure to retaliate. The fidayeen attack at Pulwama bears the fingerprints of Jaish-e-Mohammad, which had also carried out the Pathankot strike. “The terrorists in Pulwama are believed to be of foreign origin,“ said a senior intelligence officer.&lt;br /&gt;
&lt;br /&gt;
===2016-17, terror-related violence===&lt;br /&gt;
&lt;br /&gt;
'''See graphic:'''&lt;br /&gt;
&lt;br /&gt;
''Terror-related violence in Jammu &amp;amp; Kashmir, 2016- Oct 22, 2017''&lt;br /&gt;
&lt;br /&gt;
[[File: Terror-related violence in Jammu &amp;amp; Kashmir, 2016- Oct 22, 2017.jpg|Terror-related violence in Jammu &amp;amp; Kashmir, 2016- Oct 22, 2017 &amp;lt;br/&amp;gt; From: [http://epaperbeta.timesofindia.com/Gallery.aspx?id=24_10_2017_015_011_013&amp;amp;type=P&amp;amp;artUrl=A-calibrated-approach-talks-at-time-of-our-24102017015011&amp;amp;eid=31808 The Times of India], October 24, 2017|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
===More jihadis killed===&lt;br /&gt;
&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=As-forces-get-free-hand-92-jihadis-killed-06072017016022# Bharti Jain|As forces get `free hand', 92 jihadis killed in J&amp;amp;K this year|Jul 06 2017: The Times of India (Delhi)]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
New Delhi:&lt;br /&gt;
﻿&lt;br /&gt;
Infiltration Too Shows A Downturn&lt;br /&gt;
&lt;br /&gt;
As counter-terror forces mount offensive against terrorists in Jammu &amp;amp; Kashmir, the gains are starting to show. As many as 92 terrorists were killed till July 2 this year, against 79 in the corresponding period of 2016. In fact, the numbers of terrorists killed in counter-insurgency operations so far this year have surpassed the yearwise figures for 2012 and 2013 when UPA was in power.&lt;br /&gt;
While 72 and 67 terrorists were eliminated in J&amp;amp;K in 2012 and 2013 respectively , the numbers picked up during NDA's tenure, touching 110 in 2014, 108 in 2015 and 150 in 2016.“Terrorists killed till July 2 this year are only slightly less than killings through 2014 and 2015,“ a senior home ministry official said, attributing the successes to seamless coordination between the Army , central forces, state government and intelligence agencies.&lt;br /&gt;
&lt;br /&gt;
“The forces have been given a free hand to track and intercept the terrorists holed up in the valley, before launching intelligence-based operations with due mapping of the target and how to neutralise ter rorists with minimum collateral damage,“ said a senior home ministry functionary .&lt;br /&gt;
&lt;br /&gt;
The official underlined that among the 92 terrorists killed in J&amp;amp;K till July 2, most of the targets were big and prominent terror operatives.&lt;br /&gt;
[[File:jammu and kashmir militant.PNG ||frame|500px]]&lt;br /&gt;
Infiltration figures also show a decline. As against 371 infiltration cases recorded in 2016, 124 were recorded till May-end this year. “Many of these 124 terrorists have been neutralised since,“ said a home ministry official.&lt;br /&gt;
&lt;br /&gt;
While terror-related incidents were higher at 168 till July 2 this year as compared to 126 in the corresponding period of 2016, stone-pelting incidents witnessed a dip.&lt;br /&gt;
&lt;br /&gt;
===2017: major attacks===&lt;br /&gt;
[[File: Major militant attacks in Jammu &amp;amp; Kashmir in 2017.jpg|Major militant attacks in Jammu &amp;amp; Kashmir in 2017 &amp;lt;br/&amp;gt; The fifth attack referred to in the picture took place on the Sunjuwan Military Station, Jammu, on 10 and 11 Feb 2018 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F11&amp;amp;entity=Ar00102&amp;amp;sk=DB03E264&amp;amp;mode=text Sanjay Khajuria &amp;amp; Saleem Pandit, February 11, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''See graphic''':&lt;br /&gt;
&lt;br /&gt;
''Major militant attacks in Jammu &amp;amp; Kashmir in 2017 &amp;lt;br/&amp;gt; The fifth attack referred to in the picture took place on the Sunjuwan Military Station, Jammu, on 10 and 11 Feb 2018.''&lt;br /&gt;
&lt;br /&gt;
==2018==&lt;br /&gt;
===223 militants killed, highest in 8 years===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F09&amp;amp;entity=Ar00910&amp;amp;sk=92485028&amp;amp;mode=text  Bharti Jain, 223 terrorists killed in J&amp;amp;K this year, highest in 8 years, December 9, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: Militant violence in Jammu &amp;amp; Kashmir, 2017, 2018.jpg|Militant violence in Jammu &amp;amp; Kashmir, 2017, 2018 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F09&amp;amp;entity=Ar00910&amp;amp;sk=92485028&amp;amp;mode=text  Bharti Jain, 223 terrorists killed in J&amp;amp;K this year, highest in 8 years, December 9, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
''Civilian Deaths Go Up To 77 From 40 Last Yr''&lt;br /&gt;
&lt;br /&gt;
Violence has run high in Jammu &amp;amp; Kashmir this year, with terrorists killed at a eight-year high of 223 while terror-related incidents rose to 429 from 342 last year and civilian casualties shot up to 77 from 40. The number of security personnel killed is 80, the same as 2017.&lt;br /&gt;
&lt;br /&gt;
The figures reflect increased attacks mounted by terrorists from Pakistan with the support of local cadres in the Kashmir Valley even as the Army stepped up security counter-measures and also warned that stone-throwers at encounter sites will be treated as over-ground supporters of terrorists.&lt;br /&gt;
&lt;br /&gt;
According to home ministry data, the figure was higher only in 2010 when 232 terrorists were killed.&lt;br /&gt;
&lt;br /&gt;
The number is likely to rise with more than three weeks to go before the year ends with an encounter in progress near Srinagar even on Saturday. The number of terrorists killed this year has already surpassed the figure of 213 recorded in 2017, according to official statistics accessed by TOI.&lt;br /&gt;
&lt;br /&gt;
Of the 223 terrorists killed, 93 were foreigners. While 81 of the terrorists were killed over a period of 80 days since local body and panchayat elections were announced on September 15 in the state, 51 were killed in the preceding 80 days between June 25 and September 14.&lt;br /&gt;
&lt;br /&gt;
Between September 15 and December 5, two civilians were killed and 170 injured in stone-pelting incidents across the state.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Around 250-300 ultras active in Kashmir'''&lt;br /&gt;
&lt;br /&gt;
In the same period, preceding September 15, eight civilians were killed and 216 injured due to stone-pelting. A large percentage of these stone-pelting incidents were reported from sites of encounters between the security forces and terrorists.&lt;br /&gt;
&lt;br /&gt;
Home ministry sources said apart from having neutralised a record number of terrorists since June 19 when the state was placed under governor’s rule as compared to the preceding period under the PDP-BJP government this year, many top terrorist commanders were accounted for by security forces. These include top Lashkar commander Naveed Jatt, Jaish sniper Usman Haider, who was the nephew of Jaish chief Maulana Masood Azhar, and Hizbul Mujahideen commander Altaf Ahmad Dar.&lt;br /&gt;
&lt;br /&gt;
Apart from higher civilian deaths this year, almost double that of 2017, what is of concern to the security establishment is the rise in recruitment of local Kashmiris by Hizbul Mujahideen and Pakistan-based terror outfits. “However, a fall in recruitment levels has been witnessed in the recent months,” said an intelligence official. The number of terrorists active in the Valley is estimated to be 250-300.&lt;br /&gt;
&lt;br /&gt;
Explaining the higher number of terror-related incidents this year, a senior officer of the central security establishment said it was essentially because terrorists were being more active this year. There were clear attempts by Pakistan-aided terrorists to disrupt urban local bodies and panchayat polls in the state, with separatists too pitching in with boycott calls and frequent bandhs.&lt;br /&gt;
&lt;br /&gt;
Sources said attempts to use violence to sabotage local polls were effectively thwarted with adequate deployment of security forces and keeping terrorists engaged in intelligence-based counter-operations through the process of civic and panchayat elections in the state.&lt;br /&gt;
&lt;br /&gt;
===2018: street violence down, encounters increase===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F29&amp;amp;entity=Ar00512&amp;amp;sk=32E7EA9D&amp;amp;mode=text&amp;amp;fbclid=IwAR1TKwmR1U50bhRKZKfBzl_QsRwhmbVLNlmp8C7_t2DiubrI1VBPpc3tIME  Aarti Singh, Street riots down in Valley, but clashes during encounters up, December 29, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: Violent incidents in Jammu &amp;amp; Kashmir, 2013-18.jpg|Violent incidents in Jammu &amp;amp; Kashmir, 2013-18 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F29&amp;amp;entity=Ar00512&amp;amp;sk=32E7EA9D&amp;amp;mode=text&amp;amp;fbclid=IwAR1TKwmR1U50bhRKZKfBzl_QsRwhmbVLNlmp8C7_t2DiubrI1VBPpc3tIME  Aarti Singh, Street riots down in Valley, but clashes during encounters up, December 29, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Incidents of rioting on the streets came down four times but rioters being killed while attempting to disrupt encounters in cordonedoff areas rose six-fold in the last three years in Kashmir.&lt;br /&gt;
&lt;br /&gt;
Data accessed exclusively by TOI shows that since 2016, when the Valley slid into unprecedented street violence following the killing of Hizb commander Burhan Wani by security forces, the incidents of rioting and stone-pelting dropped from around 3,000 per year to 700.&lt;br /&gt;
&lt;br /&gt;
On an average, there have been two rioting incidents a day this year. The number of rioters killed in clashes with security forces also declined by nearly half this year since 2016.&lt;br /&gt;
&lt;br /&gt;
However, rioting during counter-insurgency operations — stone-pelting and illegally entering cordonedoff combat zones — has become almost routine in the last three years. Casualties of rioters during such encounters went up by six times, from 6 in 2016 to 37 in 2018.&lt;br /&gt;
&lt;br /&gt;
The number of those killed while trying to disrupt encounters has risen six fold, from 6 in 2016 to 37 in 2018&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
''' ‘Rioters disrupting ops a strategy devised by Pak’ '''&lt;br /&gt;
&lt;br /&gt;
The disruptions have turned out to be such a challenge for security forces that Army chief General Bipin Rawat sent a warning to rioters in October. Stone pelters disrupting operations, he said, would be treated as overground militant workers, if they did not stop entering combat zones.&lt;br /&gt;
&lt;br /&gt;
“His statement stirred a controversy because besides separatists, mainstream political parties in Kashmir — National Conference and People’s Democratic Party once out of power — portray the rioting stone pelters as ‘innocent civilians’,” a senior counter-insurgency specialist in J&amp;amp;K police said.&lt;br /&gt;
&lt;br /&gt;
Security analysts in the Army and J&amp;amp;K Police say though the phenomenon of rioters disrupting operations began at least six years ago, it intensified after Wani’s killing in 2016.&lt;br /&gt;
&lt;br /&gt;
“The trend is a wellthought out strategy devised by Pakistan. It is cost-effective sub-conventional warfare because terror groups get to use their sympathisers as human shields; the rioters get branded as innocent civilians and Indian soldiers as murderers; all of this evokes outrage, more youth come out to riot and clash with forces during the encounters and more get killed in an unending loop,” an officer in the northern command said.&lt;br /&gt;
&lt;br /&gt;
A 25-year-old former stone pelter in Kulgam, who did not want to be named, told TOI there was social sanction for stone pelting during encounters. “Infuriated youth believe it’s their religious duty to protect the ujahideen who are out there to fight for them,” he said.&lt;br /&gt;
&lt;br /&gt;
==2018: more violence-linked arrests than kills==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F12&amp;amp;entity=Ar02006&amp;amp;sk=64988A1E&amp;amp;mode=text  Aarti Singh, J&amp;amp;K saw more terror-linked arrests than kills in 2018, January 12, 2019: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: 2007-2018- militants killed and arrested in Jammu &amp;amp; Kashmir.jpg|2007-2018: militants killed and arrested in Jammu &amp;amp; Kashmir  &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F12&amp;amp;entity=Ar02006&amp;amp;sk=64988A1E&amp;amp;mode=text  Aarti Singh, J&amp;amp;K saw more terror-linked arrests than kills in 2018, January 12, 2019: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
The J&amp;amp;K police arrested four times more militants and Over Ground Workers (OGWs) of banned outfits than the number of terrorists they killed in the Valley last year.&lt;br /&gt;
&lt;br /&gt;
The militancy data accessed exclusively by TOI shows that though the number of militants killed last year, over 240, was the highest since 2007, the number of militants and their aides arrested in 2018, is the highest in a decade. Over 800 militants and OGWs were arrested last year, the data reveals.&lt;br /&gt;
&lt;br /&gt;
An OGW, in the security parlance, “is an aide of terrorists, who wilfully helps them in providing shelter, place to store arms and ammunition, food, medication and even funds and facilitates their movement,” an Army officer told TOI.&lt;br /&gt;
&lt;br /&gt;
OGWs are essentially “local civilians” but they form the backbone of militancy in Kashmir, said a police officer who was not authorised to speak officially. “Without OGWs and their logistic support, militancy cannot survive for long,” he said.&lt;br /&gt;
&lt;br /&gt;
In 2014, almost as many militants and OGWs were arrested as killed by the security forces. However, in the following years, especially after the killing of Hizbul Mujahideen commander Burhan Wani, lesser number of militants and OGWs were arrested as compared to the number of militants killed. That trend changed in 2018, when the number of militancy related arrests went up eight times from the previous year.&lt;br /&gt;
&lt;br /&gt;
After several years of steady decline, the militant recruitment in Kashmir witnessed a sudden upsurge following the Parliament attack convict Afzal Guru’s hanging in 2013, leading to the new phase of militancy.&lt;br /&gt;
&lt;br /&gt;
Contrary to the common belief that the 2010s militancy has been more indigenous than foreign, the data shows that except 2018, more foreign terrorists (which includes unidentified militants) have been killed than Kashmiri militants in the last decade.&lt;br /&gt;
&lt;br /&gt;
=Bank robberies=&lt;br /&gt;
==After the Dec 2016 demonetisation==&lt;br /&gt;
[http://epaperbeta.timesofindia.com//Article.aspx?eid=31808&amp;amp;articlexml=Militants-on-mission-loot-in-Valley-04052017012035  Saleem Pandit, Militants on `mission loot' in Valley , May 4, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
[[File: Looting banks in Jammu and Kashmir, 2016-17.jpg|Looting banks in Jammu and Kashmir, 2016-17; [http://epaperbeta.timesofindia.com//Article.aspx?eid=31808&amp;amp;articlexml=Militants-on-mission-loot-in-Valley-04052017012035  Saleem Pandit, Militants on `mission loot' in Valley , May 4, 2017: The Times of India]|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
''' Three Banks Robbed, Five Cops And Two Guards Killed In Last 72 Hours ''' &lt;br /&gt;
&lt;br /&gt;
Terrorists looted Rs 3 lakh from a branch of J&amp;amp;K Bank at Kakapora in south Kashmir's Pulwama district, less than two hours after four masked men carrying guns robbed Rs 5 lakh from Ellaquai Dehati Bank in Wahibugh village of the district.&lt;br /&gt;
&lt;br /&gt;
Unidentified gunmen had barged into the Yaripora branch of the same bank and taken away Rs 65,000, and on May 1, terrorists had attacked a cash van of J&amp;amp;K Bank and shot dead five policemen and two bank guards in Kulgam district in south Kashmir.&lt;br /&gt;
&lt;br /&gt;
There have been several successful attempts at robbing banks in the Valley since November 8 when demoneti sation was announced, suggesting that the terrorists are strapped of cash. The hawala trade is at standstill even as a series of moves by the Centre have dried up militants' financial resources. Short of money to buy weapons and pay their over-ground workers, the Hizbul and Lashkar terrorists are striking out at banks, which are also symbols of establishment.&lt;br /&gt;
&lt;br /&gt;
Sources said attacks on banks may also force deployment of Central forces and state police for their security.“This means forces will be diverted to protect the nearly 1,500 bank branches across the Valley , leaving fewer personnel for the counter-terror grid,“ said an officer.&lt;br /&gt;
&lt;br /&gt;
Central security establishment believes these attacks on banks could be a double-edged sword. Sources said since demonetisation was announced, most of the local populace have started keeping their money in banks. By creating a scare, the terrorists may be trying to force the people to once again keep their money at home, and help them access it when needed -as was the case always. There also seems a degree of public support to militants in the four southern districts on the prowl, looting banks and snatching weapons from J&amp;amp;K cops, with police saying they are investigating the driver of the van that was attacked on May 1, who has disappeared since then.&lt;br /&gt;
&lt;br /&gt;
Security agencies said that local militants, who've mostly joined Hizbul Mujahideen, have no weapons and arms training. They depend mostly on snatched weapons from J&amp;amp;K police. Weapon snatching from cops has become routine in all four districts of south Kashmir.&lt;br /&gt;
&lt;br /&gt;
Support to militants in these southern districts, Pulwama, Anantnag, Shopian, Kulgam, has increased since the encounter killing of Hizbul commander Burhan Wani in June 2016.&lt;br /&gt;
= Human rights violations=&lt;br /&gt;
==1994-2017: 66 of 1,695 allegations were true==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Only-66-of-1695-rights-abuse-claims-found-30052017011033  Only 66 of 1,695 rights abuse claims found to be true in 23 years: Army, May 30, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Army claims only 66 of 1,695 allegations of human rights violations levelled against it since 1994 had been found to be true following investigation, with another 41 still being probed. For the established violations, around 150 personnel have been punished, and compensation has been awarded in 49 cases, the Army added.&lt;br /&gt;
&lt;br /&gt;
A senior officer stressed on Monday that the Indian Army's human rights record “is one of the best in the world, which is appreciated globally“. The Army's claim comes against a backdrop of criticism for the force over the “human shield“ episode, which saw Major Leetul Gogoi controversially truss up a civilian on his jeep's bonnet to rescue over a dozen security and election personnel from a stonepelting mob in Kashmir last month. The officer said the Army had received 1,736 allegations, primarily during counter-insurgency operations in J&amp;amp;K and the northeast, from 1994 to April 2017. “Of them, 1,695 cases have been probed, while 41 are under investigation. Of the cases investigated, 1,629 were found to be either false or baseless,“ he added.&lt;br /&gt;
&lt;br /&gt;
General Bipin Rawat's move to award the chief of army staff (COAS) commendation card to Major Gogoi even before the court of inquiry into the incident could be finalised, virtually giving him a clean chit, has fuelled criticism over the manner in which the force has handled the “human shield“ episode.&lt;br /&gt;
&lt;br /&gt;
The Army chief, however, has made it clear he awarded the COAS commendation card to Major Gogoi to boost the morale of all the young officers and jawans engaged in counter-terrorism operations in a “dirty , proxy war“ amid stone-pelting mobs in the Valley.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=Infiltration and recruitment of militants=&lt;br /&gt;
==2013-March 2016==&lt;br /&gt;
[[File: Details of infiltrations during 2013-March 2016 in Jammu and Kashmir.jpg|Infiltration during 2013-March 2016 in Jammu and Kashmir; Graphic courtesy: [http://epaperbeta.timesofindia.com/Gallery.aspx?id=24_05_2016_019_027_002&amp;amp;type=P&amp;amp;artUrl=Police-had-been-warned-but-they-were-complacent-24052016019027&amp;amp;eid=31808 ''The Times of India''], May 24, 2016|frame|500px]]&lt;br /&gt;
See 'Infiltration during 2013-March 2016 in Jammu and Kashmir'&lt;br /&gt;
==2016: Jihadi recruitment saw 55% jump==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Jihadi-recruitment-saw-55-jump-after-Wani-22032017017039  Bharti Jain, Jihadi recruitment saw 55% jump after Wani, March 22, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
[[File: Number of youths who joined the militancy, 2010-16 and level of infiltration, some facts, 2010-16.jpg|Number of youths who joined the militancy, 2010-16 and level of infiltration, some facts, 2010-16; [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Jihadi-recruitment-saw-55-jump-after-Wani-22032017017039  Bharti Jain, Jihadi recruitment saw 55% jump after Wani, March 22, 2017: The Times of India]|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
As many as 88 youths joined militancy in Jammu &amp;amp; Kashmir in 2016, the highest since 2010, the government told the Lok Sabha on Tuesday . Violent protests in the Valley had peaked last year in the wake of killing of Hizbul Mujahideen leader Burhan Wani on July 8. Over 2,100 incidents were reported over a short span of three months from July to September 2016.&lt;br /&gt;
&lt;br /&gt;
The figure of 88 Kashmiri youth opting for militancy last year marks a departure from the falling trend witnessed since 2014. In fact, the recruitment by terrorist groups in J&amp;amp;K last year was 55% higher than the levels witnessed in 2010, when stone-pelting protests caused a long spell of unrest in the Valley. In a written reply to a starred question in the Lok Sabha, Union minister of state for home Hansraj Gangaram Ahir said that as compared to 88 youth who joined militancy last year, a much lesser 66 chose the path of violence in 2015, 53 in 2014, just 16 in 2013, 21 in 2012, 23 in 2011and 54 in 2010.&lt;br /&gt;
&lt;br /&gt;
Ahir said the J&amp;amp;K government was trying to wean away the state's youth from militancy with greater police-public engagement, sports tournaments and cultural events. Also, the government is offering attractive incentives to surren dered militants, apart from opening up avenues for employment of local youth through programmes such as `Udaan' and `Himayat', he said.&lt;br /&gt;
&lt;br /&gt;
A key reason for J&amp;amp;K youth gravitating towards militancy , according to an intelligence officer, may be the local sentiment generated by the killing of Wani. TheHizb commander's Facebook posts were very popular among young and impressionable Kashmiris. His neutralisation in Anantnag on July 8 spurred a cycle of violence, with protests only getting worse after the counter-action by the forces saw many agitators, particularly minors, killed and injured by pellet guns.&lt;br /&gt;
&lt;br /&gt;
As per data furnished on Tuesday in reply to another question in the Lok Sabha, 820 `law and order' incidents were reported in July 2016, the month Wani was killed, followed by 747 and 535 incidents in August and September, respectively. Interestingly, 2016 also saw a sharp increase in infiltration from Pakistan, with 371 attempts against 121in 2015, 222 in 2014, 277 in 2013, 264 in 2012 and 247 in 2011. Last year also saw the maximum number of successful attempts at 119.&lt;br /&gt;
&lt;br /&gt;
=Jammu province=&lt;br /&gt;
==2002-2016: major incidents==&lt;br /&gt;
[[File: Attacks in Jammu province, 2002-2016.jpg|Major terrorist/ Pakistani attacks in Jammu province, 2002-2016 &amp;lt;br/&amp;gt; The Saturday attack referred to in the picture took place on the Sunjuwan Military Station(shown) on 10 and 11 Feb 2018. 5 soldiers and a civilian were martyred and 3 JeM terrorists were killed. &amp;lt;br/&amp;gt; The Sunjuwan Military Station had been attacked in 2013 as well. &amp;lt;br/&amp;gt; From [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F11&amp;amp;entity=Ar01702&amp;amp;sk=CE9E3B6F&amp;amp;mode=text  Rajat Pandit, February 11, 2018:'' The Times of India ''] |frame|500px]] &lt;br /&gt;
&lt;br /&gt;
'''See graphic''':&lt;br /&gt;
&lt;br /&gt;
''Major terrorist/ Pakistani attacks in Jammu province, 2002-2016 &amp;lt;br/&amp;gt; The Saturday attack referred to in the picture took place on the Sunjuwan Military Station(shown) on 10 and 11 Feb 2018. 5 soldiers and a civilian were martyred and 3 JeM terrorists were killed. &amp;lt;br/&amp;gt; The Sunjuwan Military Station had been attacked in 2013 as well.''&lt;br /&gt;
&lt;br /&gt;
=Marriages, liaisons= &lt;br /&gt;
== Pakistan-based terrorists seek Kashmiri wives: 1==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Love-kills-as-amorous-jihadis-throw-caution-to-02082017015016  Bharti Jain, Love kills as amorous jihadis throw caution to the wind, August 2, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Just like Abu Dujana's plans for a latenight rendezvous with wife gave the LeT commander away , leading to his elimination, there are several cases of foreign terrorists exposing themselves to surveillance on account of affairs and sexual misadventures with local Kashmiri girls.&lt;br /&gt;
&lt;br /&gt;
“Most foreign terrorists of Lashkar-e-Toiba come from low-level families in Pakistan's Punjab. They are often tempted to court the attractive Kashmiri girls from welloff families. Wielding power of the gun and riding on their nuisance value, they either manage to impress local girls or force them to reciprocate to their advances,“ said an officer of J&amp;amp;K police. Of course, the affairs are fraught with serious security risks. “Their movements are compromised due to their frequent visits to meet their love interests or sexual partners. The police are in a far better position to generate human intelligence regarding their presence or movements,“ the officer said. There have been several cases of top commanders of Pakistan-based terrorist outfits like LeT coming under the radar either due to an identified pattern of movements in a locality where their love interests reside or even a tendency among dumped girlfriends and wives to get even by blowing their cover and alerting security agencies. An LeT commander in Srinagar, Abu Talha, was killed in 1999 after the father of one of the girls he had taken a fancy to tipped off the SOG and Intelligence Bureau.&lt;br /&gt;
&lt;br /&gt;
LeT commander in Sopore, Abdullah Uni, who was killed in 2012 was known to have four to five girlfriends.He was a terror in Sopore and a difficult catch for the forces. But his affairs put him on the radar of the intelligence agencies, which closely followed his meetings with his girlfriends. “Finally, on the basis of a tipoff from one of his girlfriends, he was cornered and killed,“ said a former J&amp;amp;K police officer.&lt;br /&gt;
&lt;br /&gt;
== Pakistan-based terrorists seek Kashmiri wives: 2==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Dujana-had-become-eyesore-for-girls-02082017015017  Rohan Dua, `Dujana had become eyesore for girls’, August 2, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Kashmir has witnessed a growing trend of Pakistan-based terrorists seeking Kashmiri wives for themselves, and as many as two dozen Pakistan-based LeT militants have courted women in villages in J&amp;amp;K as their “sympathisers“. But these women, after marriage, change their fathers' names while admitting their kids into schools and colleges, said sources. This fact was brought to fore when the mastermind of the 2005 attack on Indian Institute of Science In Bangalore and LeT operational commander Abu Hamza had married a woman in Sopore. “Neither the woman nor the kid is traceable now,“ said an intelligence officer. Dujana had developed a controversial reputation because of his illicit relations with Kashmiri women, said Kashmir IG Munir Khan. “He had become an eyesore for girls in that area. He could enter any home and engage in an unlawful relation. He had become a repeat offender of a sort,“ said Khan.&lt;br /&gt;
&lt;br /&gt;
=Militants’ tactics=&lt;br /&gt;
== Hizb, JeM used children during clashes==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/hizbul-jem-recruited-used-children-in-kashmir-during-clashes-with-security-forces-unsg-report/articleshow/64775714.cms  Hizb, JeM recruited, used children in Kashmir during clashes with security forces: UNSG report, June 28, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
''' HIGHLIGHTS ''' &lt;br /&gt;
&lt;br /&gt;
Pakistan-based banned terror outfits used children during clashes with security forces in J&amp;amp;K, a UN report said.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;One case was attributed to Jaish-e-Mohammed and two to Hizbul Mujahideen,&amp;quot; the report said.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Pakistan-based banned terror outfits Jaish-e-Mohammed and Hizbul Mujahideen recruited and used children in Jammu and Kashmir during clashes with security forces last year, according to a UN report on Thursday. &lt;br /&gt;
&lt;br /&gt;
The annual report of the UN Secretary General on Children and Armed Conflict, covering the January-December 2017 period, said globally, over 10,000 children were killed or maimed in conflict + last year while more than 8,000 were recruited or used as combatants. &lt;br /&gt;
&lt;br /&gt;
The report covers 20 countries, including war-torn Syria, Afghanistan, and Yemen and also the situation in India, the Philippines and Nigeria. &lt;br /&gt;
&lt;br /&gt;
On the situation in India, the report of UN secretary general, Antonio Guterres, said children continued to be affected by incidents of violence between armed groups and the government forces, particularly in Chhattisgarh, Jharkhand and during tensions in Jammu and Kashmir. &lt;br /&gt;
&lt;br /&gt;
Noting &amp;quot;grave violations&amp;quot;, it said three incidents of recruitment and use of children by the two terror outfits were reported in Jammu and Kashmir during clashes with the security forces. &lt;br /&gt;
&lt;br /&gt;
&amp;quot;One case was attributed to Jaish-e-Mohammed and two to Hizbul Mujahideen,&amp;quot; the report said, adding that &amp;quot;unverified&amp;quot; reports also indicate use of children as informants and spies by the security forces. &lt;br /&gt;
&lt;br /&gt;
The UN said it continued to receive reports of recruitment and use of children, including by the Naxalites, particularly in Chhattisgarh and Jharkhand. &amp;quot;Naxalites reportedly resorted to the use of a lottery system to conscript children in Jharkhand,&amp;quot; it said, adding children continued to be killed and injured during operations of security forces against armed groups. &lt;br /&gt;
&lt;br /&gt;
Citing government data, the report said 188 civilians were killed in Naxal-affected regions, but no disaggregated data on children were available. &lt;br /&gt;
&lt;br /&gt;
In March this year, a 15-year-old boy was killed during clash between the security forces and Lashkar-e-Taiba terrorists in Padgampora village of Pulwama district. &lt;br /&gt;
&lt;br /&gt;
Guterres asked the Indian government to put in place measures to hold perpetrators of child recruitment and use to account and engage with the UN to end and prevent violations against children. &lt;br /&gt;
&lt;br /&gt;
In Jharkhand, the report said, suspected Naxalites attacked a school in Khunti district, partially destroying it. With regard to military use, the occupation of over 20 schools was documented by the Central Reserve Police Force in Srinagar, Kashmir, in April. &lt;br /&gt;
&lt;br /&gt;
&amp;quot;Increased tensions in Jammu and Kashmir reportedly also led to closure of school for varying periods, including in Rajouri (65) and Poonch (76) districts,&amp;quot; it said. &lt;br /&gt;
&lt;br /&gt;
In Pakistan, the report said, the UN continued to receive reports of the recruitment and use of children, including from madrassas, also, the alleged use of children by armed groups for suicide attacks. &lt;br /&gt;
&lt;br /&gt;
In January, Tehrik-e-Taliban Pakistan released a video showing children, including girls, being instructed how to perpetrate suicide attacks. &lt;br /&gt;
&lt;br /&gt;
The report said while age-disaggregated data on civilian casualties were limited, incidents of children killed and injured in attacks in Pakistan by armed groups were reported. &lt;br /&gt;
&lt;br /&gt;
It cited a suicide attack in Sehwan, Sindh Province in February in which at least 75 people, including 20 children, were killed. Also eight attacks on educational facilities and students, including four targeting girls' schools. &lt;br /&gt;
&lt;br /&gt;
In March, unidentified people vandalised the Oxford Public School, located in Ghizer Valley in Gilgit-Baltistan, and threatened to bomb the school if female teachers did not cover themselves. Also, a girls' school located in Qila Abdullah in Balochistan Province was damaged in an IED attack. &lt;br /&gt;
&lt;br /&gt;
Guterres said he is &amp;quot;concerned&amp;quot; by the continued attacks on schools by armed groups, particularly the targeting of girls' education. He called on the Pakistan government to prioritise measures to deter future attacks on schools. &lt;br /&gt;
&lt;br /&gt;
In Afghanistan, there were 3,179 verified cases of children being killed and maimed in 2017 in the conflict-related violence. An increase in child casualties resulting from aerial operations remained a concerning trend, with 27 child casualties resulting from cross-border shelling out of Pakistan. &lt;br /&gt;
&lt;br /&gt;
With reports of over 21,000 violations committed against children in 2017, Guterres expressed outrage over the rise in the number of children affected by fighting globally. &lt;br /&gt;
&lt;br /&gt;
&amp;quot;Boys and girls have once again been overly impacted by protracted and new violent crisis. Despite some progress, the level of violations remains unacceptable,&amp;quot; he said in a statement. &lt;br /&gt;
&lt;br /&gt;
The UN Chief reiterated that the best way to address this horrific situation is to promote peaceful solutions to conflicts and called on all parties to exert maximum efforts in this regard.&lt;br /&gt;
&lt;br /&gt;
=Pakistani terrorists vis-à-vis local militants=&lt;br /&gt;
==2017, Jan-Nov:  72% of ultras killed were from Pakistan==&lt;br /&gt;
[http://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2017%2F11%2F20&amp;amp;entity=Ar01013&amp;amp;sk=0774B983&amp;amp;mode=text  Saleem Pandit, Among 190 ultras killed in J&amp;amp;K in 2017, 110 from Pak, November 20, 2017: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Terror outfits in Kashmir have suffered a major jolt this year with at least 190 terrorists, including 110 Pakistanis, killed by security forces. Addressing a press conference in Srinagar, General Officer-in-Command (GOC) of 15 corps, Lt Gen J S Sandhu, said the Army has successfully foiled multiple infiltration bids from across the Line of Control (LoC).&lt;br /&gt;
&lt;br /&gt;
“Out of the 110 foreign terrorists, 66 were killed near the LoC when they were trying to infiltrate into India. We have also eliminated 125-130 terrorists in Kashmir hinterland, providing a major boost to the security forces,” the GOC said. He attributed joint operations by the Army, CRPF and Special Operations Group (SOG) in bringing about a “remarkable change in the security situation in strife-torn Kashmir valley.”&lt;br /&gt;
&lt;br /&gt;
Security forces had launched a similar joint operation, during which they eliminated six top commanders of the Lashkare-Taiba (LeT), including Mumbai terror attack mastermind Zaki-ur Rehman Lakhvi’s nephew. All of them were from Pakistan.&lt;br /&gt;
&lt;br /&gt;
The GOC said the administration has given a chance to local militants to shun violence and join the mainstream, but foreign terrorists are generally killed in counter-insurgency operations.&lt;br /&gt;
&lt;br /&gt;
=Ramzan truce=&lt;br /&gt;
==2018: violence increases==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F06%2F07&amp;amp;entity=Ar02012&amp;amp;sk=3E4FF7BA&amp;amp;mode=text  Saleem Pandit, Amid govt truce, terror acts shoot up, June 7, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Centre’s unilateral ceasefire against terrorists during the holy month of Ramzan has no desired impact as terror-related violence continued unabated and showed an upward trend in the last 20 days.&lt;br /&gt;
&lt;br /&gt;
The data shows an upward trend in the killing of civilians and security men compared to last year during the same period. In the last 20 days, militants killed more than three dozen people including cops and security forces’ men and threw over 18 hand grenades at various places across Srinagar and in parts of south Kashmir, leaving more than two dozen persons and security men injured, according to official figures. At least 143 people including 37 civilians, 71 militants and 31 security personnel were killed since January this year. Out of 143, over three dozen people were killed only during Ramzan ceasefire. Around 40 odd Kashmiri youth joined militant ranks in the name of Jihad, an official source said.&lt;br /&gt;
&lt;br /&gt;
Besides terror attacks at various places and ceasefire violations along the Line of Control and international border by Pakistani troops, stone pelting on the forces including police remains rampant particularly in old Srinagar city. A young stone-pelter Kaisar Bhat was run over by a CRPF vehicle while it was trying to escape an attack by a frenzied mob attack in Nowhatta.&lt;br /&gt;
&lt;br /&gt;
Last year after surge in terrorism in the first part of 2017, security forces had launched an offensive and revived Cordon and Search Operations (CASOs) in the Valley after 15 years, against militants in the Valley. But chief minister Mehbooba Mufti took the state’s opposition parties on board and urged the centre to announce ceasefire during Ramzan and Amarnath yatra.&lt;br /&gt;
&lt;br /&gt;
“Indoctrination in favour of Pakistan and jihad is so powerful among the separatist youth in Kashmir that the Ramzan ceasefire had no real effect in bringing peace. The offensive of the terror groups is forcing security forces to retaliate,” a police officer said.&lt;br /&gt;
&lt;br /&gt;
By halting combat operations against terrorists, security forces are providing them breathing space in south Kashmir, a security expert said. “They are re-grouping and consolidating their position with people’s active support.”&lt;br /&gt;
&lt;br /&gt;
However, Director General of Jammu and Kashmir Police S P Vaid is still hopeful that the Centre’s unilateral ceasefire would have a positive impact.&lt;br /&gt;
&lt;br /&gt;
===‘Only 13 joined ultras after truce, 2 returned’===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F06%2F12&amp;amp;entity=Ar01405&amp;amp;sk=E9E2DF7D&amp;amp;mode=text  Bharti Jain, ‘Only 13 Valley youths joined ultras after truce, 2 returned’, June 12, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
''Officials: Halt In Ops Reduced Casualties Too''&lt;br /&gt;
&lt;br /&gt;
Around 13 Kashmiri youth joined militancy after announcement of the Ramzan truce as compared to 71 in the pre-May 15 period, though even this figure has got effectively reduced to 11 after two recruits returned to their respective families, sources in the security establishment told TOIon Monday.&lt;br /&gt;
&lt;br /&gt;
Sources said that of the 13 who joined militancy during the suspension of operations in Jammu &amp;amp; Kashmir, only one got recruited into indigenous outfit Hizbul Mujahideen. While four joined Al-Badr that has lately been showing signs of revival in J&amp;amp;K, the rest have allied themselves with either Jaish-e Mohammad or Lashkar-e-Taiba.&lt;br /&gt;
&lt;br /&gt;
Though violent incidents continue during Ramzan, albeit on a lower scale, the halt in cordon-andsearch operations has seen a significant decline in killings of civilians and security forces as well as mob attacks involving stone-pelting. Only three civilians and security personnel each were killed since May 17 and the fewer casualties are being seen as an indicator of success of the truce.&lt;br /&gt;
&lt;br /&gt;
A notable trend this Ramzan has been a spike in grenade attacks. A source pointed out that most of the grenades appear to have been thrown by local, untrained youth at the behest of elements keen on sabotaging the truce.&lt;br /&gt;
&lt;br /&gt;
While stone pelting incidents were reported after start of Ramzan, only two involved major mob attacks. Unrest in both cases was led by ‘outsiders’ who had gathered at Jamia mosque, and not local residents.&lt;br /&gt;
&lt;br /&gt;
A heartening development during the ceasefire has been reduced recruitment of locals into militancy.&lt;br /&gt;
&lt;br /&gt;
=Recruitment of youths by militants=&lt;br /&gt;
==2007-18: Anti-terror ops not proportional to militant recruitment==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F14&amp;amp;entity=Ar01503&amp;amp;sk=46C2744D&amp;amp;mode=text  Aarti Singh, Data: Anti-terror ops not directly proportional to militant recruitment, November 14, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: Militants killed- 2007-18, vis-à-vis militants recruited and anti-terror operations.jpg|Militants killed- 2007-18, vis-à-vis militants recruited and anti-terror operations &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F14&amp;amp;entity=Ar01503&amp;amp;sk=46C2744D&amp;amp;mode=text  Aarti Singh, Data: Anti-terror ops not directly proportional to militant recruitment, November 14, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
''2007 Saw Most Ops But Only 25 Enrollees''&lt;br /&gt;
&lt;br /&gt;
Contrary to the common belief, militants killed by security forces and recruitment of local youth in militancy are not consistently and directly proportional, as per the Jammu &amp;amp; Kashmir security data of the last 10 years accessed exclusively by TOI.&lt;br /&gt;
&lt;br /&gt;
In the last 10 years, the data shows that the highest number of counter-insurgency operations (205) were conducted in 2007 under the Ghulam Nabi Azad led coalition government of Congress and PDP. Over 330 terrorists were killed and over 530 terrorists and over ground workers were arrested. The terror attacks on civilians, security forces and others incidentally, were also the highest in 2007.&lt;br /&gt;
&lt;br /&gt;
Since many tend to think that anti-terror operations are directly proportional to recruitment of local militants in Kashmir, one would assume that years 2007 and 2008 would have provoked more youth to join militancy. However, as per the data, in 2007, just 25 youth took up arms in Kashmir.&lt;br /&gt;
&lt;br /&gt;
Even in the following years, 2008 and 2009, when the Kashmir valley erupted with organised stone-pelting and street violence, first during the Amarnath land crisis and then over the death of two Shopian women due to drowning, the recruitment was abysmally low. Only six and eight youth joined militancy in 2008 and 2009, respectively. In 2010, when over 100 youth were killed in clashes with security forces and 163 militants were killed in combat operations, only 24 youth joined militancy.&lt;br /&gt;
&lt;br /&gt;
The recruitment shows some correlation with counter-insurgency operations (CIOs) or militants killed, only beginning 2014 when the Narendra Modi government came to power in New Delhi.&lt;br /&gt;
&lt;br /&gt;
“Though there is a correlation from 2014, it does not explain why recruitment did not rise when both counterinsurgency operations and the number of militants killed were highest in 2007. The problem is that people believe correlation and causation are the same. In Kashmir, statistics do not even show consistent correlation, let alone tell you anything about the causation,” said a data analyst of the CID.&lt;br /&gt;
&lt;br /&gt;
In the last five years, there has been a gradual increase in the number of counter-insurgency operations but the numbers still do not exceed the operations conducted in 2007 or 2008. “So I am not sure why politicians keep saying that India has adopted a muscular approach in Kashmir in the last four years. Our security policy has been consistent,” an Army officer said.&lt;br /&gt;
&lt;br /&gt;
A police officer involved in combat operations said that if at all there was a change, it surely has been to minimise collateral damage. “Over the years, our records of collateral have come down drastically and there are almost no extra-judicial killings and fake encounters now,” he claimed.&lt;br /&gt;
&lt;br /&gt;
The only thing that’s clear from the decade-long data is that 2011 and 2012 were relatively calmer after the massive street violence of 2008, 2009 and 2010. Both terror attacks and street violence (stone-pelting and mob rioting) as well as combat operations were at an all-time low for those two years, in the last decade. “Everything went downhill after the hanging of the Parliament terror attack convict Afzal Guru in 2013. Suddenly, the street violence went up by five times and recruitment of local youth in militancy doubled the next year,” a security expert in Srinagar said.&lt;br /&gt;
&lt;br /&gt;
A National Conference leader who was at helm of affairs at time and did not want to be named said: “We had warned New Delhi at the time that Guru’s hanging would open floodgates of new militancy and street violence in Kashmir. But the then Union home minister P Chidambaram rejected Guru’s mercy petition and recommended death penalty for him to the President of India. Burhan Wani and his successors are a product of that decision.”&lt;br /&gt;
&lt;br /&gt;
==2010-2017==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=70-Valley-youths-joined-terror-outfits-in-7-14082017010020  `70 Valley youths joined terror outfits in 7 months' , August 14, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Seventy young men have joined the militancy in Jammu &amp;amp; Kashmir over the past seven months, with most recruits from three south Kashmir districts, Pulwama, Shopian and Kulgam, according to a senior security official. The three districts have emerged as the hub of homegrown tech-savvy militants.&lt;br /&gt;
&lt;br /&gt;
The senior security officer, quoting official statistics, also claimed that 88 Kashmiri youths had joined the militancy in 2016.&lt;br /&gt;
&lt;br /&gt;
Since 2014, there has been a constant rise in the number of people joining the militancy. As many as 66 youths joined in 2015 and 53 in 2014, according to data compiled by security agencies.&lt;br /&gt;
&lt;br /&gt;
In 2010, 54 youths joined the militancy , while in 2011, the number came down to 23. It further dipped to 21 in 2012 and 16 in 2013, according to the data.&lt;br /&gt;
&lt;br /&gt;
Security officials say Pulwama, which has of late emerged as a terror epicentre, is strategically important as it is the central point to connect Srinagar, Anantnag, Kulgam, Shopian and Budgam districts of central Kashmir.&lt;br /&gt;
&lt;br /&gt;
“The areas have seen the highest number of encounters and attacks,“ the officer added. The topography of Pulwama, with its vast orchards and fields ringed by dense forests, also provide operating cover to militants.&lt;br /&gt;
&lt;br /&gt;
Pulwama was home to Hizbul Mujahideen commander Burhan Wani, who was killed in an encounter with security forces in July last year. It was also the base of slain Lashkar man Abu Dujana.&lt;br /&gt;
&lt;br /&gt;
==2017==&lt;br /&gt;
===January-August 2017: 71 recruits===&lt;br /&gt;
[http://timesofindia.indiatimes.com/india/in-jk-more-terrorists-die-than-are-recruited/articleshow/60149866.cms  Bharti Jain, In J&amp;amp;K, more terrorists die than are recruited, Aug 21, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''HIGHLIGHTS'''&lt;br /&gt;
&lt;br /&gt;
The number of terror recruits in J&amp;amp;K in 2017, going by intelligence records, is around 71&lt;br /&gt;
&lt;br /&gt;
As many as 132 terrorists have died in security operations so far this year&lt;br /&gt;
&lt;br /&gt;
Though more youth joined terror groups over the past 3-4 months, deaths of terrorists exceed recruitment levels&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
NEW DELHI: A sustained crackdown on militancy in J&amp;amp;K, aided by strong ground intelligence, has seen the killings of terrorists outstrip recruitment by terror groups this year, with ranks of separatists increasingly dependent on infiltration of &amp;quot;foreign&amp;quot; operatives into the state.&lt;br /&gt;
&lt;br /&gt;
The infiltration from PoK and Pakistan is slightly higher with 78 terrorists sneaking into J&amp;amp;K till July against 123 in entire 2016 but intelligence agencies say, given the current trend, it is a matter of time before the total number of active terrorists in the Valley sees a decline.&lt;br /&gt;
&lt;br /&gt;
The number of terror recruits in J&amp;amp;K this year, going by intelligence records, is around 71, while as many as 132 terrorists have died in security operations.&lt;br /&gt;
Of the 132 terrorists killed as a result of intelligence-based operations this year, 74 were foreign nationals and 58 locals. As many as 14 were top commanders of LeT, Hizbul Mujahideen or Al-Badr. These included two in the &amp;quot;A++ category, four in A+ category and eight in A category&amp;quot;&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
Sources said cooperation between central and state agencies is paying off. J&amp;amp;K police, CRPF and Army have jointly accounted for top Hizbul Mujahideen leaders even before they could settle down to their roles as one succeeded the other. After Burhan Wani, who assumed charge of the outfit in 2014, was eliminated in an encounter on July 8, 2016, the counter-terror forces have been hot on his successor Zakir Musa's trail.&lt;br /&gt;
Musa, however, parted ways with Hizbul and floated own outfit Ghazwat-ul-Hind in May 2019. Sabzar Ahmed Bhat, who took over after Musa, was killed within a week.&lt;br /&gt;
&lt;br /&gt;
His successor Yasin Itoo did not last long and was killed on August 13, barely two-and-ahalf months after taking over.&lt;br /&gt;
&lt;br /&gt;
Though more youth joined terror groups in the Valley over the past 3-4 months, deaths of terrorists exceed recruitment levels. Fatalities among terrorists surged from an average 9.5 killings a month till April to 18 in May, 30 in June and 25 in July.&lt;br /&gt;
&lt;br /&gt;
=== Spurt in Kashmiris joining militancy===&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/spurt-in-kashmiris-joining-militancy-in-2017/articleshow/62231179.cms  December 24, 2017: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''HIGHLIGHTS'''&lt;br /&gt;
&lt;br /&gt;
The No., which was 88 in 2016, has already reached 117 by the end of Nov.&lt;br /&gt;
&lt;br /&gt;
S Kashmir is one of the main hubs which provides cadres to militant groups such as Hizb and LeT.&lt;br /&gt;
&lt;br /&gt;
12 youths from Anantnag, 45 from Pulwama and Awantipora, 24 from Shopian and 10 from Kulgam have joined militancy in 2017.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
There has been a sharp spike in the number of young Kashmiris joining militant groups in 2017, with the number crossing 100 for the first time since such data started being collated in 2010, officials said.&lt;br /&gt;
&lt;br /&gt;
The figure, which stood at 88 in 2016, has already reached 117 by the end of November this year with south Kashmir emerging as one of the main hubs which provides cadres to militant groups such as Hizbul Mujahideen and Lashker-e- Taiba, reports of security agencies said.&lt;br /&gt;
&lt;br /&gt;
According to the reports, the number of local youths who joined various militant groups this year include 12 from Anantnag, 45 from Pulwama and Awantipora, 24 from Shopian and 10 from Kulgam.&lt;br /&gt;
The figures for North Kashmir are — four youths joined militant groups from Kupwara, six from Baramulla and Sopore, and seven from Bandipore, according to the reports.&lt;br /&gt;
&lt;br /&gt;
From central Kashmir, Srinagar district accounted for disappearance of five youths while Budgam for four.&lt;br /&gt;
&lt;br /&gt;
The reports are based on technical and human intelligence besides interrogation reports of militants arrested during various counter-insurgency operations in the Valley.&lt;br /&gt;
&lt;br /&gt;
The reports have put the number of those joining the militants this year as high as 117, but Director General of Jammu and Kashmir Police S P Vaid contends that the numbers are much lesser.&lt;br /&gt;
&lt;br /&gt;
However, a senior security officer said the figures of the police only take into account the cases registered in the police stations whereas the actual figures are always on the higher side as many parents do not report the matter to the law enforcing agencies due to fear.&lt;br /&gt;
&lt;br /&gt;
Comparing the figures with previous years, 2017 has emerged as the year of highest recruitment of youth in various militant groups in last seven years. Such data is available from 2010.&lt;br /&gt;
&lt;br /&gt;
According to the data laid on the floor of Parliament in March this year, there has been a steady increase in the number of youth taking up arms in the Valley from 2014 onwards as compared to 2011, 2012, and 2013.&lt;br /&gt;
&lt;br /&gt;
In 2010, 54 youths joined militancy while in 2011, the number came down to 23 and further dipped to 21 in 2012 and 16 in 2013.&lt;br /&gt;
&lt;br /&gt;
In 2014, the number shot up to 53 and in 2015, it reached 66 before touching the highest mark of 88 in 2016, the data showed.&lt;br /&gt;
&lt;br /&gt;
The spurt in locals joining militancy began after the killing of Hizbul Mujahideen terror group's poster boy Burhan Wani in an encounter in south Kashmir on July 8 last year.&lt;br /&gt;
&lt;br /&gt;
Security officials feel that there is a difference between the present day militants compared to those of early 1990s. The ideological conviction of the present lot of militants is far more superior than that of the terror groups during the early days.&lt;br /&gt;
&lt;br /&gt;
The worrying trend in the Valley is that it is witnessing a trend of 'Pan-Islamisation' where young boys are opting for the path of terrorism knowing fully well that they are at the risk of being killed, the officials said.&lt;br /&gt;
&lt;br /&gt;
Militants infiltrating from Pakistan are equally distributed among the various local militant groups who make them aware of the topography and escape routes besides providing them the mobile numbers of overground workers in the region.&lt;br /&gt;
&lt;br /&gt;
While a majority of the missing boys mainly belong to the average middle class and described as the new face of terrorism in Kashmir, militants like Owais Ahmed Shah from Kokernag in south Kashmir and Eisa Fazli hailing from Soura in Srinagar show a trend that literate students from well-to-do families are also picking up arms with conviction.&lt;br /&gt;
&lt;br /&gt;
Both Shah and Fazli were extremely brilliant in their studies, an official said, adding that if such people were also brainwashed, then there is a need to revisit the drawing board and examine policies of the state government at the earliest.&lt;br /&gt;
&lt;br /&gt;
==2015&amp;gt; 16&amp;gt; 17: Number of youths becoming militants on the rise==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F07&amp;amp;entity=Ar01711&amp;amp;sk=1C921F18&amp;amp;mode=text  February 7, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
At least 280 youths joined terrorism in Jammu &amp;amp; Kashmir in the last three years, the state government said. The number of youth joining terrorism has been on a steady rise in J&amp;amp;K since 2015. At least 66 Kashmiri youths took up arms in 2015, and the number rose to 88 in 2016. And at least 126 youths joined terrorist ranks in 2017.&lt;br /&gt;
&lt;br /&gt;
In a written reply to a query by National Conference legislator Ali Mohammad Sagar, chief minister Mehbooba Mufti stated that a total of 2694 people are currently in jail in the valley. Among them, 228 men and eight women have been convicted, while the rests are facing trial.&lt;br /&gt;
&lt;br /&gt;
The CM said while some separatists, including two women, have been detained under the Public Safety Act, no person affiliated to any political party is under preventive detention now.&lt;br /&gt;
&lt;br /&gt;
Sources said the spurt in locals joining terrorism began after the encounter of Hizbul Mujahideen’s Burhan Wani in south Kashmir on July 8, 2016.&lt;br /&gt;
&lt;br /&gt;
=Security forces’ camps, convoys: attacks on=&lt;br /&gt;
==2013-18==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F13&amp;amp;entity=Ar01616&amp;amp;sk=0C328A4F&amp;amp;mode=text  Saleem Pandit, February 14, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: Attacks on security forces’ camps, convoys- 2013-Feb 18;  All terrorist attacks in Jammu &amp;amp; Kashmir, 2013-17 .jpg|Attacks on security forces’ camps, convoys: 2013-Feb 18 &amp;lt;br/&amp;gt; All terrorist attacks in Jammu &amp;amp; Kashmir, 2013-17 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F13&amp;amp;entity=Ar01616&amp;amp;sk=0C328A4F&amp;amp;mode=text  Saleem Pandit, February 14, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
One Central Reserve Police Force (CRPF) jawan was killed by suicide squad terrorists, or fidayeen, after their bid to attack a CRPF camp in Srinagar’s Karan Nagar area was foiled by an alert sentry on Monday morning.&lt;br /&gt;
&lt;br /&gt;
Pakistani terror outfit Lashkar-e-Taiba has claimed responsibility for the attack, which comes just two days after the attack at the Sunjuwan military station in which six people — including five Army personnel — were killed.&lt;br /&gt;
&lt;br /&gt;
Upon noticing two armed terrorists trying to sneak into the 23-Battalion camp around 4.30am, CRPF sentry Raghunath Ghait opened fire, forcing the terrorists to hide in a nearby under-construction building. Forces immediately cordoned off the area and launched an operation to kill the holed-up terrorists. In the ensuing gunfight, CRPF jawan Mujahid Khan got injured and later succumbed, CRPF inspector general Ravideep Sahi said. Khan belonged to Bihar.&lt;br /&gt;
&lt;br /&gt;
Sources said the CRPF camp is located close to SMHS Hospital, where two police personnel were killed in a terror attack on February 6. Exchange of fire was on till last reports came in.&lt;br /&gt;
&lt;br /&gt;
=Stone pelting=&lt;br /&gt;
==2016-July 2017: use of pellet guns==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Restrained-use-keeps-pellet-gun-deaths-in-JK-06092017020016  Bharti Jain. Restrained use keeps pellet gun deaths in J&amp;amp;K in check, Sep 6, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
[[File: Casualties in stone pelting, 2016-July 2017.jpg|Casualties in stone pelting, 2016-July 2017; [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Restrained-use-keeps-pellet-gun-deaths-in-JK-06092017020016  Bharti Jain. Restrained use keeps pellet gun deaths in J&amp;amp;K in check, Sep 6, 2017: The Times of India]|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
The restrained use of pellet guns this year to tackle violent mobs in Jammu &amp;amp; Kashmir has resulted in a sharp dip in deaths and injuries caused by this controversial method of crowd control. In the 143 instances of pellet guns used across 12 districts of J&amp;amp;K till July 31 this year, one civilian was killed and 36 civilians injured.&lt;br /&gt;
&lt;br /&gt;
In 2016, the use of pellet guns in a total 777 instances across J&amp;amp;K, mostly during protests that followed the killing of Hizbul Mujahideen terrorist Burhan Wani in an encounter on July 8, had killed 15 civilians and left 396 injured.&lt;br /&gt;
&lt;br /&gt;
District-wise, Srinagar continued to report the highest pellet gun use, having recorded 68 incidents till July 31 this year against 191 in whole of last year. Budgam, which recorded 18 incidents last year in which six civilians were injured, witnessed 12 incidents till July 31, 2017, that left 18 civilians injured (the highest among districts). Sopore, Baramulla and Shopian, which witnessed 124, 102 and 90 pellet firing incidents in 2016, recorded just one, eight and nil incidents respectively in the first seven months of this year. In terms of casualties too, Sopore where two persons were killed and 111injured due to pellet firing last year, reported no casualties this year.In Awantipora, where 89 were injured last year, just one person was injured this year.&lt;br /&gt;
&lt;br /&gt;
The outrage against pellet guns last year in wake of the serious injuries caused by them, particularly in the eye, had led the government to advise restraint on their use. Also, home minister Rajnath Singh -who is scheduled to visit J&amp;amp;K later this week set up an expert committee to suggest safer crowd-control alternatives.However, the committee did not suggest a complete ban on use of pellet guns. As a result, neither has the home ministry banned use of pellet guns nor has the Supreme Court stayed use of these guns.&lt;br /&gt;
&lt;br /&gt;
“We continue to use pellet guns but only as part of a graded response to mob violence.The stress is on first trying out other less-lethal methods -which include warning the agitated mob followed by use of tear smoke, lathicharge, use of irritant-based PAVA shells and firing of plastic bullets. The idea is to use pellet guns as a last resort. Also, we are now using deflectors on pellet guns to ensure that the pellets hit the target below the waist, minimising injury ,“ said a senior CRPF officer.&lt;br /&gt;
&lt;br /&gt;
According to the officer, the sharp fall in instances of pellet guns use this year and the minimal casualties caused by them shows that the graded approach to tackling violent mobs in Kashmir is working.“In any case, pellet guns are not exclusively used in J&amp;amp;K. They were used recently in Rohtak, Haryana, to tackle violent mobs after conviction of Dera chief Gurmeet Ram Rahim,“ he said.&lt;br /&gt;
&lt;br /&gt;
==2017: dropped by 90%==&lt;br /&gt;
[http://www.thehindu.com/todays-paper/tp-national/stone-pelting-drops-90-in-jk/article20419141.ece  Stone-pelting drops 90% in J&amp;amp;K, November 14, 2017: ''The Hindu'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
''State police chief credits it to a huge change in the people’s mood, better Army-police coordination''&lt;br /&gt;
&lt;br /&gt;
Jammu and Kashmir Police chief S.P. Vaid has said that there has been a 90% dip in incidents of stone-pelting in Kashmir valley this year as compared to last year and credited the people for the improvement in the situation.&lt;br /&gt;
&lt;br /&gt;
“(There is) a more than 90% fall in stone-pelting in Kashmir valley (this year) as compared to last year. It is a huge decrease,” the Director General of Police said.&lt;br /&gt;
&lt;br /&gt;
'''Far cry from 2016'''&lt;br /&gt;
&lt;br /&gt;
“There are weeks when there is not even a single case of stone-pelting while in a day (last year) there used to be more than 50 incidents taking place. There is a huge change in the mood of people,” he said. “It is a huge change. The law and order situation in Kashmir is for everybody to see, particularly those living in Kashmir or those dealing with it,” he added.&lt;br /&gt;
&lt;br /&gt;
The DGP said while National Investigation Agency raids helped, there were multiple factors at play, including demonetisation and action against top militant commanders, that have resulted in a drop in stone-pelting incidents. “Of course, that (NIA raids) helped, but the main credit goes to the people of Kashmir. Probably they have also realised the futility of this and damaging their own property and targeting the police, which also belongs to their own society,” he said.&lt;br /&gt;
&lt;br /&gt;
Apart from these, detentions under the Public Safety Act also helped, he said. “I will also give credit to the resumption of political activity,” he added.&lt;br /&gt;
&lt;br /&gt;
The police chief said there has been a tremendous success as far as “Operation All-Out”, the Army’s master plan to flush out militants from Kashmir, is concerned. “The credit goes to officers and jawans who are working in the fields. There is very good coordination among the police, Army and other security agencies,” he said.&lt;br /&gt;
&lt;br /&gt;
''' ‘Huge success’ '''&lt;br /&gt;
&lt;br /&gt;
“Most of the top leadership of HM (Hizbul Mujahideen) and LeT (Lashkar-e-Taiba) has been neutralised. I think roughly 170 militants have been eliminated this year. It is a huge, huge success,” the DGP said.&lt;br /&gt;
&lt;br /&gt;
==Dip from 2,808 in 2016 to 1,261 in 2017 ==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F08&amp;amp;entity=Ar01814&amp;amp;sk=B1B7A34D&amp;amp;mode=text  J&amp;amp;K pelting cases down 50%: Govt, February 8, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
''Dip To 1,261 In 2017 From 2,808 In 2016''&lt;br /&gt;
&lt;br /&gt;
Stone-pelting incidents in J&amp;amp;K declined to 1,261 last year from 2,808 in 2016, junior home minister Hansraj Ahir informed the Rajya Sabha on Wednesday.&lt;br /&gt;
&lt;br /&gt;
The unusually high cases of stone-pelting incidents in 2016 were largely on account of violent protests that broke out after the killing of Hizbul Mujahideen terrorist Burhan Wani in an encounter in July of that year. The total stonepelting incidents recorded in 2015 were 730.&lt;br /&gt;
&lt;br /&gt;
Ahir, in written reply to another question in the Rajya Sabha, said 13 protesters were killed in 2016 due to pellets fired at them, while there were four fatalities from pellets last year. All the 13 killings in 2016 pertained to the four months of unrest following Wani’s killing.&lt;br /&gt;
&lt;br /&gt;
Ahir said the central government had constituted an expert committee in July 2016 to explore possible alternatives to pellet guns as non-lethal weapons. The recommendations of the committee were taken into account by the government for appropriate implementation and accordingly, various measures, including the use of PAVA-Chilli (shells and grenades) and STUN-LAC (shells and grenades).&lt;br /&gt;
&lt;br /&gt;
==2018: 759 cases==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F13&amp;amp;entity=Ar01610&amp;amp;sk=1CA9B9C5&amp;amp;mode=text  759 cases against J&amp;amp;K stone-pelters in 2018, December 13, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Union home ministry on Wednesday said 759 cases had been registered by the J&amp;amp;K Police against stone-pelters in the current year, which also saw a 78% rise in terror-related incidents in the Valley state to 587 until December 2 from 329 in the corresponding period of 2017.&lt;br /&gt;
&lt;br /&gt;
Junior home minister Hansraj Ahir, in written reply to a question in Rajya Sabha on Wednesday, also said 238 terrorists were neutralised till December 2 this year. According to sources this figure has since surpassed the last highest level of 239 terrorists killed in 2009.&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/File:RERA_.jpg</id>
		<title>File:RERA .jpg</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/File:RERA_.jpg"/>
				<updated>2019-02-20T17:10:48Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: &lt;/p&gt;
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		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Real_Estate_(Regulation_%26_Development)_Act_(RERA)</id>
		<title>Real Estate (Regulation &amp; Development) Act (RERA)</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Real_Estate_(Regulation_%26_Development)_Act_(RERA)"/>
				<updated>2019-02-20T17:07:46Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: /* RERA compliance: a checklist */&lt;/p&gt;
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Additional information may please be sent as messages to the Facebook &amp;lt;br/&amp;gt;community, [http://www.facebook.com/Indpaedia Indpaedia.com]. All information used will be gratefully &amp;lt;br/&amp;gt;acknowledged in your name. &lt;br /&gt;
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|}&lt;br /&gt;
&lt;br /&gt;
[[Category: India |R ]]&lt;br /&gt;
[[Category: Economy-Industry-Resources |R]]&lt;br /&gt;
=The evolution of the Real Estate (Regulation &amp;amp; Development) Act=&lt;br /&gt;
==2016: Some states dilute provisions, give builders exemptions==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=UP-Gujarat-dilute-new-realty-law-04112016008033   Dipak Dash, UP, Gujarat dilute new realty law, Nov 04 2016 : The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Make It Builder-Friendly By Giving Exemptions To Ongoing Projects&lt;br /&gt;
&lt;br /&gt;
States led by UP and Gujarat have begun diluting provisions of the Real Estate (Regulation &amp;amp; Development) Act, which notify the rules for regulation of the sector. Both states have let off most ongoing real estate projects which have been delayed for long and remain a worry for thousands of home buyers awaiting delivery .&lt;br /&gt;
&lt;br /&gt;
While UP has come up with four exemptions to exclude incomplete projects from the category of “ongoing projects“, Gujarat has exempted all projects launched before notification of the rules. This means such projects won't have to be registered with the real estate regulator in these states.&lt;br /&gt;
&lt;br /&gt;
On the contrary , the law enacted by the Centre earlier this year provides for manda tory registration of all “ongoing projects“ that have not received completion certificate. “The central law, which is binding on all states, does not differentiate between ongoing and future projects for registration. However, it provides for registration of incomplete projects within three months from the commencement of the Act,“ said an official here.&lt;br /&gt;
&lt;br /&gt;
The norms notified by UP excluded projects in which services had been handed over to the local authority for maintenance, common areas and facilities that had been handed over to RWAs for maintenance and where development work had been completed and sale and lease deeds of 60% houses execu ted. “This dilutes norms laid down in the law and will help builders avoid the mandatory regulatory provisions,“ the central government official said.&lt;br /&gt;
&lt;br /&gt;
Defending their move, a Gujarat government official said, “We have notified the rules primarily for setting up the regulator ahead of the October 31 deadline. Once the operative part of the law comes into effect, we may revisit the norms“.&lt;br /&gt;
&lt;br /&gt;
But central government sources said states must notify specific rules in compliance with the law and it wouldn't take not more than a couple of days to make all provisions operative.&lt;br /&gt;
&lt;br /&gt;
On its part, the Uttar Pradesh government has also provided a handle for developers to retain some land in their projects under the guise of commercial activity rather than hand over such land to house owners.&lt;br /&gt;
&lt;br /&gt;
While the central law clearly says that all community and commercial facilities in a project will be treated as common areas, rules notified by UP says, “Community and commercial facilities shall include only those facilities, which have been provided as common areas.“&lt;br /&gt;
&lt;br /&gt;
==2017: States dilute rules==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=States-UTs-dilute-RERA-to-favour-realtors-01052017008042  Dipak Dash, States &amp;amp; UTs dilute RERA to favour realtors, May 1, 2017: The Times of India]&lt;br /&gt;
[[File: Dilution of rules on real estate, state-wise.jpg|Dilution of rules on real estate, state-wise; [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=States-UTs-dilute-RERA-to-favour-realtors-01052017008042  Dipak Dash, States &amp;amp; UTs dilute RERA to favour realtors, May 1, 2017: The Times of India]|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
The Union housing ministry may claim that implementation of the real estate regulation law, popularly called RERA, will usher in a new era for home buyers, but the rules put forward by states have diluted many provisions, keeping most of the ongoing projects outside the ambit of the law that would come into effect.&lt;br /&gt;
&lt;br /&gt;
States such as Odisha and Bihar have notified rules that are completely in sync with the one notified by the Union housing and poverty alleviation ministry . But in contrast, Haryana's draft rules, notified last week, have completely left out disclosures by builders on the sanctioned plan, layout and specifications at the time of booking with all subsequent changes till date.“This omission will give legal colour to all unilateral changes done by builders and will give them an escape route to avoid paying compensation to home buyers,“ said Abhay Upadhyay , president of Fight for RERA, the nationwide home buyers' body which campaigned for the law.&lt;br /&gt;
&lt;br /&gt;
Similarly , in Maharashtra, a provision has been included to allow builders to ta ke out or divest from a project after occupancy certificate has been issued. This means, the builder can pull out its entire investment before completion of common areas, facilities and amenities.&lt;br /&gt;
&lt;br /&gt;
In UP, the norms related to compounding of offences have been diluted as no specific amount has been mentioned. “There is provision for `up to' (a certain amount), which means it may even be zero. This will encourage corruption as quantum of money to be paid will be at the discretion of the authority,“ Upadhyay said.&lt;br /&gt;
&lt;br /&gt;
Even the urban development ministry has allowed relaxation in Delhi, where rules specify that promoters need to provide details of only those court cases which have been disposed of during the last five years. This is despite the housing ministry clearly stating that builders need to provide details of all pending cases.&lt;br /&gt;
&lt;br /&gt;
Till Saturday , 13 states and Union territories had notified their final rules. “With many states intentionally keeping most of the ongoing projects out of RERA's coverage, there will be little relief for lakhs of home buyers,“ Upadhyay said.&lt;br /&gt;
&lt;br /&gt;
==2018: 3 states do not roll out Rera, others dilute it==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F08%2F17&amp;amp;entity=Ar01913&amp;amp;sk=B79E9769&amp;amp;mode=text  Prabhakar Sinha, 3 states yet to roll out Rera, others have diluted versions, August 17, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: Status of RERA implementation, as in 2018, August .jpg|Status of RERA implementation, as in 2018, August  &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F08%2F17&amp;amp;entity=Ar01913&amp;amp;sk=B79E9769&amp;amp;mode=text  Prabhakar Sinha, 3 states yet to roll out Rera, others have diluted versions, August 17, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
West Bengal, Kerala and Assam are yet to implement the pro-consumer Real Estate regulation and Development Act (Rera) while states which have done so have rolled out watered down versions. What more, the proportion of unregistered projects are also very high.&lt;br /&gt;
&lt;br /&gt;
In Maharshtra, Madhya Pradesh and Karnataka, where Rera is fully operational and are considered model states in term of Rera implementation, hundreds of under-implementation projects are not registered, piling hardship on thousands of homebuyers. States such as Haryana, Uttar Pradesh, Telangana, and Tamil Nadu among others where implementation of Rera is not up to the mark, the proportion of unregistered projects are very high.&lt;br /&gt;
&lt;br /&gt;
Most of these unregistered projects are defaulters in term of delay in completing the project or not fulfilling all the obligations listed in the sales agreement with buyers, said a member of Rera authority, who wished to stay anonymous. These developers are trying to sidestep the act and the authority by not registering the project with authority. “It can be said that Rera has not been deployed in letter and spirit as was originally intended by the Centre,’’ said Anuj Puri, Chairman of property consulting firm ANAROCK.&lt;br /&gt;
&lt;br /&gt;
A senior Rera official said the authority has the power to issue notices to s defaulter developers and can send notice to them suo-moto to get their projects registered. But most of the authorities are pro-active.&lt;br /&gt;
&lt;br /&gt;
In Karnataka, the second most active state in implementing Rera, the authority has sent notices to 100-130 projects in Bengaluru for not registering under Rera in 2017 while 953 project applications are still under investigation, according to a report. In total, in Karnataka 2,982 projects are registered with Rera.&lt;br /&gt;
&lt;br /&gt;
Delay in project execution because of dilution of Rera, and the signal such dilutions send to the market, will act as a dampener on buyers’ confidence. This will affect developers’ ability to sell, Puri said.&lt;br /&gt;
&lt;br /&gt;
Rajiv Sabharwal MD and CEO of Tata Capital said the quality of implementation of Rera would depend on the caliber of people who would head the authority in its initial years of implementation.&lt;br /&gt;
&lt;br /&gt;
=RERA compliance: a checklist=&lt;br /&gt;
&lt;br /&gt;
[http://timesofindia.indiatimes.com/business/india-business/4-ways-to-check-if-your-project-is-rera-compliant/articleshow/59787416.cms Ravi Kumar Diwaker | Magicbricks|4 ways to check if your property is regulator compliant|Jul 28, 2017: Times of India ]&lt;br /&gt;
&lt;br /&gt;
[[File:RERA .jpg| RERA [https://www.indiatoday.in/magazine/business/story/20180618-law-on-a-leash-rera-1252727-2018-06-09 .&amp;lt;br/&amp;gt;“India Today”]|frame|500px]]  &lt;br /&gt;
&lt;br /&gt;
The Real Estate (Regulation and Development) Act, 2016 (RERA) came into force on May 1, 2017 in the entire country. Since then there has been confusion and buyers find it difficult to make a decision. Many buyers are baffled on how to ascertain if their projects are RERA-compliant or not.&lt;br /&gt;
&lt;br /&gt;
One such buyer Baladhitya wonders, &amp;quot;Will RERA bring any hope for home buyers? I am looking for properties for my own use, should I wait for some more time?&amp;quot;&lt;br /&gt;
&lt;br /&gt;
On May 1, 2017 Maharashtra notified the Act. The state launched its website and uploaded all relevant details as per the state's RERA rules. The law mandates that once a project is registered, the developer will have to upload project details on the RERA website and provide updates on construction progress, commencement, occupation and other certificates before the flats are handed over to buyers.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The situation is one where the positive aspects are apparent, and yet, there is an element of 'wait and watch' on the part of both home seekers as well as developers. RERA is a reality and has to be accepted. For stakeholders in real estate, the post-RERA necessary changes are being implemented. These are early days and we should see things firming up in the next few weeks,&amp;quot; says Dr Niranjan Hiranandani, co-founder &amp;amp; chairman, Hiranandani Group.&lt;br /&gt;
[[File:RERA1.png||frame|500px]]&lt;br /&gt;
If you are a confused buyer and want to know whether your project is RERA compliant or not then you can check the following before you park your hard-earned money.&lt;br /&gt;
&lt;br /&gt;
==Legal Title==&lt;br /&gt;
&lt;br /&gt;
You need to check that your developer has the legal title of the land on which the development is proposed, or has legally valid documents with authentication of the title if such a land is owned by another person. RERA has done away with the age-old practice where someone without having a legal title would sell to home buyers. Now buyers have to be cautious and see whether the project they are buying is RERA-compliant or not.&lt;br /&gt;
&lt;br /&gt;
==Detail of encumbrances==&lt;br /&gt;
&lt;br /&gt;
Is the land free from all encumbrances? Check the details of the encumbrances on such a land, including any rights, title, interest or name of any party in or over such land along with details.&lt;br /&gt;
&lt;br /&gt;
==Possession Date==&lt;br /&gt;
&lt;br /&gt;
RERA mandates that all projects have to be delivered as per the possession date mentioned by the developer. So, don't forget to check the time period within which he promises to complete the project or its phase. With RERA becoming a reality, it is important for developers to prepare for the changes promptly. &amp;quot;We believe that improved project planning will help developers avoid delays and manage project funds efficiently. It would be prudent to hire planning professionals to ensure timely project completion. Making such preparations early should give developers an edge over rivals and boost buyer's trust,&amp;quot; said Surabhi Arora, Senior Associate Director, Research, Colliers International India.&lt;br /&gt;
&lt;br /&gt;
==Escrow Account==&lt;br /&gt;
&lt;br /&gt;
Seventy per cent of the amounts realised for real estate projects from allottees, from time to time, shall be deposited in a separate account. This account has to be maintained in a scheduled bank to cover the cost of construction and other costs related to construction. This means that the developer has to use the money for the same project for which the funds have been collected. If your developer has deposited the money it means he is willing to complete and deliver the project on time.&lt;br /&gt;
&lt;br /&gt;
=Applicability of RERA=&lt;br /&gt;
==Rera is applicable to ongoing projects: HC==&lt;br /&gt;
[http://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2017%2F12%2F07&amp;amp;entity=Ar00702&amp;amp;sk=43DD2918&amp;amp;mode=text  Swati Deshpande, Rera is applicable even to ongoing projects: Court, December 7, 2017: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
''Builders Can Get More Time In Rare Cases''&lt;br /&gt;
&lt;br /&gt;
In a victory for home buyers, the Bombay high court has upheld the constitutional validity of the Real Estate (Regulation and Development) Act (Rera) and its applicability to ongoing projects across states. The law intends to make homebuying a transparent and speedy transaction with powers of redressal.&lt;br /&gt;
&lt;br /&gt;
The judgment, however, offered a breather to builders too. It expanded powers under Rera to grant more time in exceptional cases to a builder to complete a project. The additional time is meant to be granted in compelling circumstances on a case-by-case basis.&lt;br /&gt;
&lt;br /&gt;
A division bench of Justices Naresh Patil and R G Ketkar gave separate but concurrent findings. The extension would go beyond the statutory one-year extension after the deadline for completion, which the Act requires the project’s promoter to mention during registration.&lt;br /&gt;
&lt;br /&gt;
The pronouncement is the first such verdict in the country on challenges raised by builders in various HCs. The Supreme Court had tasked the Bombay HC in September to set the path.&lt;br /&gt;
&lt;br /&gt;
== ‘Haryana projects before Rera too come under it’==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F09%2F09&amp;amp;entity=Ar01506&amp;amp;sk=DD5A103A&amp;amp;mode=text  Ajay Sura, September 9, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Haryana Real Estate Regulatory Authority (HRera) has held that it has the power to adjudicate on projects that were ongoing before the Rera Act came into force and were, therefore, not registered with the regulatory authority.&lt;br /&gt;
&lt;br /&gt;
The verdict will have wide ramifications on the real estate sector in Haryana as it will bring into Rera’s ambit even those projects where the builder had applied for an ‘occupation certificate’ before HRera rules were framed.&lt;br /&gt;
&lt;br /&gt;
HRera’s Panchkula bench has ruled that a builder can’t escape its jurisdiction even if the completion certificate was issued before the rules were framed.&lt;br /&gt;
&lt;br /&gt;
The bench, headed by chairman Rajan Gupta, passed these orders last week while hearing a bunch of petitions filed by Madhu Sarin and 23 others against the BPTP project in Faridabad.&lt;br /&gt;
&lt;br /&gt;
= Arbitration panels under RERA =&lt;br /&gt;
==2017: Maharashtra first to form conciliation committee==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Maha-first-state-to-form-RERA-arbitration-panel-18092017008058  Nauzer Bharucha, Maha first state to form RERA arbitration panel, Sep 18, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Maharashtra will be the first state in the country to form a conciliation committee under the new Real Estate (Regulation and Development) Act, comprising a panel representing builders and consumer groups to arbitrate complaints.&lt;br /&gt;
&lt;br /&gt;
It will mediate between the two parties and help resolve issues so they can avoid taking the dispute before the housing regulator.Only in case the dispute is not settled can the party lodge a complaint with the state regulator.&lt;br /&gt;
&lt;br /&gt;
“The panel should start functioning in the next three months,“ said state RERA chairman Gautam Chatterjee, adding that it would help build trust between purchasers and developers.&lt;br /&gt;
Last week, leading developers and consumer activists met state RERA officials to iron out the committee's operations. “Talks have progressed very well,“ said consumer activist Shirish Deshpande of Mumbai Grahak Panchayat (MGP). “MGP is presently in consultation with organisations representing developers like Naredco and Credai-MCHI to work out the conciliation scheme on which an enabling provision exists in the RERA Act,“ he said.&lt;br /&gt;
&lt;br /&gt;
Deshpande said the proposed scheme will be an Alternate Disputes Redressal mechanism to facilitate “settlements between aggrieved homebuyers and builders without having to resort to... litigation“. Officials said the conciliation can only be initiated when both the complainant and builder willingly agree to it.&lt;br /&gt;
&lt;br /&gt;
Developer Rajan Bandelkar, vice-president of Nared kar, vice-president of Naredco, said majority of the disputes are minor and can be resolved through mediation.&lt;br /&gt;
The draft scheme envisages two panels of conciliators ­­ one will be of builders in which a total of ten persons will be nominated by Naredco, Credai-MCHI.On the other panel, MGP will nominate 10 members.&lt;br /&gt;
&lt;br /&gt;
“Since it will be a mutual settlement and will be authenticated by MahaRERA, it will have sanctity , authenticity and finality,“ said Deshpande.Experts said this will reduce the pressure on MahaRERA as well as consumer courts.Officials said most of the over 13,300 projects registered in the state are ongoing ones and only 450 are new projects.&lt;br /&gt;
=Provisions/ benefits of RERA=&lt;br /&gt;
==Real Estate Regulation Law: 10% interest rate for delayed housing projects==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=RERA-pushes-for-10-interest-clause-05052017017021  Prabhakar Sinha, RERA pushes for 10% interest clause, May 5, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''No Registration Of Project Unless Builder Agrees To Pay Penalty At This Rate'''&lt;br /&gt;
&lt;br /&gt;
Buyers of delayed housing projects will get interest on the invested amount for the delay period at the Real Estate Regulatory Authority's (RERA) prescribed rate as against Rs 5 per sq feet to Rs 10 per sq feet contracted in the sales agreement, said chairman of Madhya Pradesh RERA Anthony de Sa.RERA's prescribed rate comes out to be 10% at present.&lt;br /&gt;
&lt;br /&gt;
Meanwhile, developers have not been barred from advertising and marketing existing projects, said regulators and officials of MP, Punjab, Haryana and Delhi. Dispelling builders' doubts, officials said they need to apply for registration for ongoing projects only by July 31.&lt;br /&gt;
&lt;br /&gt;
Additional chief secretary of housing urban development, Punjab, Vini Mahajan, who has also been appointed as the interim regulatory authority under RERA, while addressing a conference organised by FICCI, clarified that the existing projects need not wait for registration to advertise. They can continue all their activities as usual. However, those projects for which application for registration is not made even by July 31 to the regulatory authority cannot market their projects. “So far, 14 states and UTs have implemented this law. There are 14 more states which are in process of notifying the rules. We hope that they will do it soon,“ said joint secretary of housing ministry Rajiv Ranjan Mishra at the FICCI conference.&lt;br /&gt;
&lt;br /&gt;
Anthony de Sa said that delayed ongoing housing projects will be registered with RERA only if the deve loper is ready to pay the buyer interest at the authority's prescribed rate, which is 2 percentage points above SBI's MCLR (marginal cost of fund based lending rate), and not the contractual rates of Rs 5 per sq ft to Rs 10 per sq ft which builders had accepted to pay when the sales agreement was signed.&lt;br /&gt;
&lt;br /&gt;
At present, as SBI's MCLR is 8%, developers will have to pay 10% interest on the paid amount to the buyers. At the same time, buyers will also pay the same interest at 10% on delayed pay ment of their dues and not the penal rates of 12% to 18% as mentioned in the sales agreement.&lt;br /&gt;
&lt;br /&gt;
Member of RERA Haryana committee and chief town planner of Haryana government Dilbag Singh Sihag, who is entrusted with the responsibility of finalising the RERA Rules for the state, said justice demands for the same interest rate to be paid by developers as they are charging buyers on delayed payment on outstanding dues.&lt;br /&gt;
&lt;br /&gt;
Normally , developers charge a high rate of 12% to 18% while they pay only Rs 5 per sq feet to Rs 10 per sq feet on a project which costs Rs 4,000 to Rs 5,000 per sq feet. Sihag said this mismatch can be resolved by asking both parties to pay the RERA prescribed rates. He, however, added that no final view has been taken so far.&lt;br /&gt;
&lt;br /&gt;
Mahajan said that existing buyers will get respite under RERA, clarifying that the authority is bound by the act and rules while taking the decision.&lt;br /&gt;
&lt;br /&gt;
So, it can only enforce the contract signed between buyers and developers in light of RERA rules, which cannot go beyond the act.&lt;br /&gt;
&lt;br /&gt;
Developers of delayed ongoing projects will get one more chance to regularize them. Regulators said that while registering ongoing projects, developers can set their own deadline to complete them. The deadline, however, should be reasonable. Anthony de Sa said that if a project was launched eight years back and the developer returns for registration seeking another four years for completion, it cannot be granted. There is no hard or fast rule to fix the deadline, which will depend on the existing condition and stage of implementation of the project.&lt;br /&gt;
&lt;br /&gt;
But once the developer has given the deadline to complete the project and is unable to meet it, the regulator will take a very harsh view -he will either have to return the money to the buyers with interest or face consequences, including even a jail term, said Sihag.&lt;br /&gt;
&lt;br /&gt;
RERA will help facilitate completion of projects so that all buyers can be satisfied. Only if developers are unable to achieve this goal will the regulators take stern action.&lt;br /&gt;
&lt;br /&gt;
==No RERA relief in disputes with builders over redevelopment==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F17&amp;amp;entity=Ar01118&amp;amp;sk=235BA43A&amp;amp;mode=text  Nauzer Bharucha, No Rera relief in redevelopment rows, January 17, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Housing society members who have a dispute with their builder over redevelopment cannot seek relief under the Real Estate (Regulation and Development) Act (Rera). Last month, Maharashtra Rera dismissed a complaint filed by members of a housing society against a builder for failing to hand over their new flats for 11 years. They also accused the society’s managing committee of granting permission to the builder to add five floors without their approval.&lt;br /&gt;
&lt;br /&gt;
In a December 2017 order, MahaRera chief Gautam Chatterjee said the authority was not the proper forum to resolve the society’s issues with the builder. The order has wide implications because over 85% of all construction in Mumbai involves redevelopment. Housing experts warned that thousands stranded for years because their redevelopment projects were stuck could not take recourse under Rera.&lt;br /&gt;
&lt;br /&gt;
“The complainants have not been able to point out any contravention or violation of the provisions of Rera...,” said the order. The case pertains to a complaint filed by members of the Shanti Niketan cooperative housing society in Vikhroli (east) against Matrix Construction. “On May 10, 2007, we assigned our project ‘Shanti Niketan’ for redevelopment. But to date, we haven’t received possession of our flats although the building is ready,” they said. The 13-storey redeveloped building is ready, but the builder wants to add five more floors. The society said it would allow him to do so on the condition that he shared 25% of the profits from the sale of the flats. Another condition was that the builder hand over their new flats by June 2017 and give them a corpus of Rs 9 lakh per member. The developer was also to give them free open parking.&lt;br /&gt;
&lt;br /&gt;
“On fulfilment of these pre-conditions, members agreed to give their NOC to construct five additional floors. However, the society’s managing committee manipulated the minutes and gave NOC to the developer without listing these conditions... ,” said the complaint.&lt;br /&gt;
&lt;br /&gt;
The complainants said they discovered it only when they approached Maharashtra Housing and Area Development Authority, which told them the builder had already procured the NOC without these conditions.&lt;br /&gt;
&lt;br /&gt;
A senior Rera official said a dispute between society members and the society had to be resolved under the Cooperative Society Act while one between a society and the builder was a civil dispute. “In a MahaRera registered project, an aggrieved party will have to point out which provision of Rera Act has been violated,” he said.&lt;br /&gt;
&lt;br /&gt;
Activist Dharam Shettigar, who has brought many housing societies on a common platform, said: “This is a glaring lacunae in Rera. Dubious developers will exploit this loophole...” Added housing activist Chandrashekhar Prabhu: “Any law that does not protect rights of such people would be... useless.”&lt;br /&gt;
&lt;br /&gt;
Last month, Maharashtra Rera dismissed a complaint stemming from a redevelopment bid, filed by members of a housing society in Mumbai against their builder&lt;br /&gt;
&lt;br /&gt;
=See also=&lt;br /&gt;
[[Housing: India]]&lt;br /&gt;
&lt;br /&gt;
[[Housing and urban affairs: India]]&lt;br /&gt;
&lt;br /&gt;
[[National Capital Region (India): Shelter]]&lt;br /&gt;
&lt;br /&gt;
[[Urban development: India]]&lt;br /&gt;
&lt;br /&gt;
[[Building construction: India]]&lt;br /&gt;
&lt;br /&gt;
[[Real estate: India ]]  &lt;br /&gt;
&lt;br /&gt;
[[Real Estate (Regulation &amp;amp; Development) Act (RERA)]]&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
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		<title>Economic Reforms: India</title>
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				<updated>2019-02-20T16:46:47Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: &lt;/p&gt;
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 &lt;br /&gt;
= 1991-2016 =&lt;br /&gt;
[https://www.indiatoday.in/magazine/glossary/story/20160725-glossary-of-the-week-829233-2016-07-13 Damayanti Datta , 25 years of liberalization “India Today” 13/7/2016]&lt;br /&gt;
&lt;br /&gt;
''' See graphic '''&lt;br /&gt;
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[[File: 25 years of liberalisation .jpg| 25 years of liberalisation [https://www.indiatoday.in/magazine/glossary/story/20160725-glossary-of-the-week-829233-2016-07-13 .&amp;lt;br/&amp;gt;“India Today”]|frame|500px]] &lt;br /&gt;
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=Reforms and politics=&lt;br /&gt;
&lt;br /&gt;
Dec 18 2014&lt;br /&gt;
&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=TIT-FOR-TAT-REFORMS-HOSTAGE-TO-POLITICS-18122014025031''The Times of India'']&lt;br /&gt;
[[File: pol1.jpg|A timeline- Reforms and politics: 2000-2014|frame|500px]] &lt;br /&gt;
Political parties have been discussing two key economic policy issues -insurance and the goods and services tax (GST) -for over a decade.Both bills are seen to be critical for improving investor sentiment and efficiency in the economy. When the Congress was in power, the BJP erected roadblocks. With a change in seating arrangement in Parliament, the roles reversed -the BJP is now pushing for these two critical reforms but the Opposition is putting up roadblocks.&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Economic_Reforms:_India</id>
		<title>Economic Reforms: India</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Economic_Reforms:_India"/>
				<updated>2019-02-20T16:38:51Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;{| Class=&amp;quot;wikitable&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;0&amp;quot;|&amp;lt;div style=&amp;quot;font-size:100%&amp;quot;&amp;gt;&lt;br /&gt;
This is a collection of articles archived for the excellence of their content.&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
[[Category:India |E ]]&lt;br /&gt;
[[Category:Economy-Industry-Resources |E ]]&lt;br /&gt;
[[Category:Development |E ]]&lt;br /&gt;
 &lt;br /&gt;
= 1991-2016 =&lt;br /&gt;
[https://www.indiatoday.in/magazine/glossary/story/20160725-glossary-of-the-week-829233-2016-07-13 Damayanti Datta , 25 years of liberalization “India Today” 13/7/2016]&lt;br /&gt;
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[[File: 25 years of liberalisation .jpg| 25 years of liberalisation [https://www.indiatoday.in/magazine/glossary/story/20160725-glossary-of-the-week-829233-2016-07-13 .&amp;lt;br/&amp;gt;“India Today”]|frame|500px]] &lt;br /&gt;
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=Reforms and politics=&lt;br /&gt;
&lt;br /&gt;
Dec 18 2014&lt;br /&gt;
&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=TIT-FOR-TAT-REFORMS-HOSTAGE-TO-POLITICS-18122014025031''The Times of India'']&lt;br /&gt;
[[File: pol1.jpg|A timeline- Reforms and politics: 2000-2014|frame|500px]] &lt;br /&gt;
Political parties have been discussing two key economic policy issues -insurance and the goods and services tax (GST) -for over a decade.Both bills are seen to be critical for improving investor sentiment and efficiency in the economy. When the Congress was in power, the BJP erected roadblocks. With a change in seating arrangement in Parliament, the roles reversed -the BJP is now pushing for these two critical reforms but the Opposition is putting up roadblocks.&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Economic_Reforms:_India</id>
		<title>Economic Reforms: India</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Economic_Reforms:_India"/>
				<updated>2019-02-20T16:36:13Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;{| Class=&amp;quot;wikitable&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;0&amp;quot;|&amp;lt;div style=&amp;quot;font-size:100%&amp;quot;&amp;gt;&lt;br /&gt;
This is a collection of articles archived for the excellence of their content.&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
[[Category:India |E ]]&lt;br /&gt;
[[Category:Economy-Industry-Resources |E ]]&lt;br /&gt;
[[Category:Development |E ]]&lt;br /&gt;
 &lt;br /&gt;
= 1991-2016 =&lt;br /&gt;
[https://www.indiatoday.in/magazine/glossary/story/20160725-glossary-of-the-week-829233-2016-07-13 Damayanti Datta , 25 years of liberalization “India Today” 13/7/2016]&lt;br /&gt;
&lt;br /&gt;
''' See graphic '''&lt;br /&gt;
&lt;br /&gt;
[[File: 25 years of liberalisation .jpg| 25 years of liberalisation [https://www.indiatoday.in/magazine/glossary/story/20160725-glossary-of-the-week-829233-2016-07-13 .&amp;lt;br/&amp;gt;“India Today”]|frame|500px]] &lt;br /&gt;
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=Reforms and politics=&lt;br /&gt;
&lt;br /&gt;
Dec 18 2014&lt;br /&gt;
&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=TIT-FOR-TAT-REFORMS-HOSTAGE-TO-POLITICS-18122014025031''The Times of India'']&lt;br /&gt;
[[File: pol1.jpg|A timeline- Reforms and politics: 2000-2014|frame|500px]] &lt;br /&gt;
Political parties have been discussing two key economic policy issues -insurance and the goods and services tax (GST) -for over a decade.Both bills are seen to be critical for improving investor sentiment and efficiency in the economy. When the Congress was in power, the BJP erected roadblocks. With a change in seating arrangement in Parliament, the roles reversed -the BJP is now pushing for these two critical reforms but the Opposition is putting up roadblocks.&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Economic_Reforms:_India</id>
		<title>Economic Reforms: India</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Economic_Reforms:_India"/>
				<updated>2019-02-20T16:35:31Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;{| Class=&amp;quot;wikitable&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;0&amp;quot;|&amp;lt;div style=&amp;quot;font-size:100%&amp;quot;&amp;gt;&lt;br /&gt;
This is a collection of articles archived for the excellence of their content.&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
[[Category:India |E ]]&lt;br /&gt;
[[Category:Economy-Industry-Resources |E ]]&lt;br /&gt;
[[Category:Development |E ]]&lt;br /&gt;
 &lt;br /&gt;
= 1991-2016 =&lt;br /&gt;
[https://www.indiatoday.in/magazine/glossary/story/20160725-glossary-of-the-week-829233-2016-07-13 Damayanti Datta , 25 years of liberalization “India Today” 13/7/2016]&lt;br /&gt;
&lt;br /&gt;
''' See graphic '''&lt;br /&gt;
&lt;br /&gt;
[[File: 25 years of liberalisation .jpg| 25 years of liberalisation [https://www.indiatoday.in/magazine/glossary/story/20160725-glossary-of-the-week-829233-2016-07-13 .&amp;lt;br/&amp;gt;“India Today”]|frame|500px]] &lt;br /&gt;
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=Reforms and politics=&lt;br /&gt;
&lt;br /&gt;
Dec 18 2014&lt;br /&gt;
&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=TIT-FOR-TAT-REFORMS-HOSTAGE-TO-POLITICS-18122014025031''The Times of India'']&lt;br /&gt;
[[File: pol1.jpg|A timeline- Reforms and politics: 2000-2014|frame|500px]] &lt;br /&gt;
Political parties have been discussing two key economic policy issues -insurance and the goods and services tax (GST) -for over a decade.Both bills are seen to be critical for improving investor sentiment and efficiency in the economy. When the Congress was in power, the BJP erected roadblocks. With a change in seating arrangement in Parliament, the roles reversed -the BJP is now pushing for these two critical reforms but the Opposition is putting up roadblocks.&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Economic_Reforms:_India</id>
		<title>Economic Reforms: India</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Economic_Reforms:_India"/>
				<updated>2019-02-20T16:34:51Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;{| Class=&amp;quot;wikitable&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;0&amp;quot;|&amp;lt;div style=&amp;quot;font-size:100%&amp;quot;&amp;gt;&lt;br /&gt;
This is a collection of articles archived for the excellence of their content.&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
[[Category:India |E ]]&lt;br /&gt;
[[Category:Economy-Industry-Resources |E ]]&lt;br /&gt;
[[Category:Development |E ]]&lt;br /&gt;
 &lt;br /&gt;
= 1991-2016 =&lt;br /&gt;
[https://www.indiatoday.in/magazine/glossary/story/20160725-glossary-of-the-week-829233-2016-07-13 Damayanti Datta , 25 years of liberalization “India Today” 13/7/2016]&lt;br /&gt;
&lt;br /&gt;
''' See graphic '''&lt;br /&gt;
&lt;br /&gt;
[[File: 25 years of liberalisation .jpg| 25 years of liberalisation [https://www.indiatoday.in/magazine/glossary/story/20160725-glossary-of-the-week-829233-2016-07-13 .&amp;lt;br/&amp;gt;“India Today”]|frame|500px]] &lt;br /&gt;
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&lt;br /&gt;
=Reforms and politics=&lt;br /&gt;
&lt;br /&gt;
Dec 18 2014&lt;br /&gt;
&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=TIT-FOR-TAT-REFORMS-HOSTAGE-TO-POLITICS-18122014025031''The Times of India'']&lt;br /&gt;
[[File: pol1.jpg|A timeline- Reforms and politics: 2000-2014|frame|500px]] &lt;br /&gt;
Political parties have been discussing two key economic policy issues -insurance and the goods and services tax (GST) -for over a decade.Both bills are seen to be critical for improving investor sentiment and efficiency in the economy. When the Congress was in power, the BJP erected roadblocks. With a change in seating arrangement in Parliament, the roles reversed -the BJP is now pushing for these two critical reforms but the Opposition is putting up roadblocks.&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/File:25_years_of_liberalisation_.jpg</id>
		<title>File:25 years of liberalisation .jpg</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/File:25_years_of_liberalisation_.jpg"/>
				<updated>2019-02-20T16:33:35Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Economic_Reforms:_India</id>
		<title>Economic Reforms: India</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Economic_Reforms:_India"/>
				<updated>2019-02-20T16:32:09Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: /* Reforms and politics */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;{| Class=&amp;quot;wikitable&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;0&amp;quot;|&amp;lt;div style=&amp;quot;font-size:100%&amp;quot;&amp;gt;&lt;br /&gt;
This is a collection of articles archived for the excellence of their content.&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
[[Category:India |E ]]&lt;br /&gt;
[[Category:Economy-Industry-Resources |E ]]&lt;br /&gt;
[[Category:Development |E ]]&lt;br /&gt;
 &lt;br /&gt;
= 1991-2016 =&lt;br /&gt;
[https://www.indiatoday.in/magazine/glossary/story/20160725-glossary-of-the-week-829233-2016-07-13 Damayanti Datta , 25 years of liberalization “India Today” 13/7/2016]&lt;br /&gt;
&lt;br /&gt;
''' See graphic '''&lt;br /&gt;
&lt;br /&gt;
[[File: 25 years of liberalisation .jpg| 25 years of liberalisation [https://www.indiatoday.in/magazine/glossary/story/20160725-glossary-of-the-week-829233-2016-07-13 .&amp;lt;br/&amp;gt;“India Today”]|frame|500px]] &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=Reforms and politics=&lt;br /&gt;
&lt;br /&gt;
Dec 18 2014&lt;br /&gt;
&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=TIT-FOR-TAT-REFORMS-HOSTAGE-TO-POLITICS-18122014025031''The Times of India'']&lt;br /&gt;
[[File: pol1.jpg|A timeline- Reforms and politics: 2000-2014|frame|500px]] &lt;br /&gt;
Political parties have been discussing two key economic policy issues -insurance and the goods and services tax (GST) -for over a decade.Both bills are seen to be critical for improving investor sentiment and efficiency in the economy. When the Congress was in power, the BJP erected roadblocks. With a change in seating arrangement in Parliament, the roles reversed -the BJP is now pushing for these two critical reforms but the Opposition is putting up roadblocks.&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/File:Politicians_and_their_degrees_.jpg</id>
		<title>File:Politicians and their degrees .jpg</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/File:Politicians_and_their_degrees_.jpg"/>
				<updated>2019-02-20T15:18:50Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Educational_qualifications_of_politicians:_India</id>
		<title>Educational qualifications of politicians: India</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Educational_qualifications_of_politicians:_India"/>
				<updated>2019-02-20T15:18:02Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;{| Class=&amp;quot;wikitable&amp;quot;&lt;br /&gt;
|-&lt;br /&gt;
|colspan=&amp;quot;0&amp;quot;|&amp;lt;div style=&amp;quot;font-size:100%&amp;quot;&amp;gt;&lt;br /&gt;
This is a collection of articles archived for the excellence of their content.&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
[[Category:India |E ]]&lt;br /&gt;
[[Category:Politics |E ]]&lt;br /&gt;
= Disputed =&lt;br /&gt;
[https://www.indiatoday.in/magazine/glossary/story/20160523-glossary-of-the-week-828891-2016-05-11 Damayanti Datta , Degrees of embarrassment “India Today’ 23/5/2016]&lt;br /&gt;
&lt;br /&gt;
'''See graphic'''&lt;br /&gt;
&lt;br /&gt;
[[File: Politicians and their degrees .jpg| Politicians and their degrees [https://www.indiatoday.in/magazine/glossary/story/20160523-glossary-of-the-week-828891-2016-05-11 .&amp;lt;br/&amp;gt; “India Today’]&lt;br /&gt;
|frame|500px]] &lt;br /&gt;
&lt;br /&gt;
=Subjects studied at college=&lt;br /&gt;
[[File: The subjects studied by the heads of government at college, India and the world (Presumably as in 2017).jpg|The subjects studied by the heads of government at college, India and the world (Presumably as in 2017) &amp;lt;br/&amp;gt; There is also a map of India with states shown in different shades. By the same yardstick, the education of governors, not CMs, would have been shown. &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F06%2F24&amp;amp;entity=Ar00204&amp;amp;sk=B1CF9DF4&amp;amp;mode=text  June 24, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
'''See graphic''':&lt;br /&gt;
&lt;br /&gt;
''The subjects studied by the heads of government at college, India and the world (Presumably as in 2017) &amp;lt;br/&amp;gt; There is also a map of India with states shown in different shades. By the same yardstick, the education of governors, not CMs, would have been shown. ''&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Educational_qualifications_of_politicians:_India</id>
		<title>Educational qualifications of politicians: India</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Educational_qualifications_of_politicians:_India"/>
				<updated>2019-02-20T15:17:10Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: &lt;/p&gt;
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|}&lt;br /&gt;
&lt;br /&gt;
[[Category:India |E ]]&lt;br /&gt;
[[Category:Politics |E ]]&lt;br /&gt;
= Disputed =&lt;br /&gt;
[https://www.indiatoday.in/magazine/glossary/story/20160523-glossary-of-the-week-828891-2016-05-11 Damayanti Datta , Degrees of embarrassment “India Today’ 23/5/2016]&lt;br /&gt;
[[File: Politicians and their degrees .jpg| Politicians and their degrees [https://www.indiatoday.in/magazine/glossary/story/20160523-glossary-of-the-week-828891-2016-05-11 .&amp;lt;br/&amp;gt; “India Today’]&lt;br /&gt;
|frame|500px]] &lt;br /&gt;
&lt;br /&gt;
=Subjects studied at college=&lt;br /&gt;
[[File: The subjects studied by the heads of government at college, India and the world (Presumably as in 2017).jpg|The subjects studied by the heads of government at college, India and the world (Presumably as in 2017) &amp;lt;br/&amp;gt; There is also a map of India with states shown in different shades. By the same yardstick, the education of governors, not CMs, would have been shown. &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F06%2F24&amp;amp;entity=Ar00204&amp;amp;sk=B1CF9DF4&amp;amp;mode=text  June 24, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
'''See graphic''':&lt;br /&gt;
&lt;br /&gt;
''The subjects studied by the heads of government at college, India and the world (Presumably as in 2017) &amp;lt;br/&amp;gt; There is also a map of India with states shown in different shades. By the same yardstick, the education of governors, not CMs, would have been shown. ''&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/File:The_Extraditees_.jpg</id>
		<title>File:The Extraditees .jpg</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/File:The_Extraditees_.jpg"/>
				<updated>2019-02-20T14:47:46Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/UK-India_relations</id>
		<title>UK-India relations</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/UK-India_relations"/>
				<updated>2019-02-20T14:46:40Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: /* 1993-2016: No actual extraditions from the UK */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;[[File: British royalty in India.jpg| British royalty in India; Graphic courtesy: [http://epaperbeta.timesofindia.com/Gallery.aspx?id=10_04_2016_017_003_016&amp;amp;type=P&amp;amp;artUrl=Why-Kate-and-Williams-Taj-photo-op-will-10042016017003&amp;amp;eid=31808 ''The Times of India'']|frame|500px]] &lt;br /&gt;
&lt;br /&gt;
{| Class=&amp;quot;wikitable&amp;quot;&lt;br /&gt;
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[[Category:India |U ]]&lt;br /&gt;
[[Category:Foreign Relations |U ]]&lt;br /&gt;
[[Category:Law,Constitution,Judiciary |U ]]&lt;br /&gt;
[[Category:Crime |U ]]&lt;br /&gt;
&lt;br /&gt;
=Extradition=&lt;br /&gt;
==1993-2016: No actual extraditions from the UK==&lt;br /&gt;
[http://timesofindia.indiatimes.com/india/Pact-signed-in-1993-but-not-a-single-accused-handed-over-by-UK/articleshow/52230072.cms ''The Times of India'']&lt;br /&gt;
[[File: The Extraditees .jpg| The Extraditees [https://www.indiatoday.in/magazine/glossary/story/20160523-glossary-of-the-week-828891-2016-05-11 .&amp;lt;br/&amp;gt;“India Today”]|frame|500px]] &lt;br /&gt;
Neeraj Chauhan | TNN | May 12, 2016&lt;br /&gt;
&lt;br /&gt;
'''Pact signed in 1993, but not a single accused handed over by UK'''&lt;br /&gt;
&lt;br /&gt;
Officials said the reasons cited by British courts and authorities to reject extradition were &amp;quot;insufficient evidence&amp;quot; or &amp;quot;incomplete paperwork&amp;quot;. &lt;br /&gt;
&lt;br /&gt;
Ever since India and the UK signed an extradition treaty in 1993, Britain has not handed over a single fugitive wanted by authorities here. The accused, after escaping to the UK, usually take the plea that the Indian government/agencies were biased towards them. This, and the provision of death penalty in India and the European Commission's provisions on human rights pose major hurdles in their extradition.&lt;br /&gt;
&lt;br /&gt;
According to official figures, some 131 extradition requests for persons wanted by India are pending with the UK. Minister of state for home Kiren Rijiju had even taken up the matter with the UK's minister of state for immigration James Brokenshire during his New Delhi visit in February.&lt;br /&gt;
Officials said the reasons cited by British courts and authorities to reject extradition were &amp;quot;insufficient evidence&amp;quot; or &amp;quot;incomplete paperwork&amp;quot;. &lt;br /&gt;
&lt;br /&gt;
&amp;quot;Subsequently, extradition is refused usually after the accused takes a plea there that he/she has been charged due to political reasons or vested interest and that he/she is likely to be deprived of human rights in India and could face torture. So many cases have been denied by the UK on the ground that extradition would deny the person the right to family life (Article 8 of the European Convention of Human Rights),&amp;quot; said a senior official.&lt;br /&gt;
&lt;br /&gt;
Examples of high profile fugitives whose extradition was rejected by UK courts are Ravi Shankaran, wanted in the naval war room leak case; Tiger Hanif, wanted in connection with two bomb attacks in Gujarat in 1993; and music director Nadeem Saifi, charged and later acquitted in the Gulshan Kumar murder case. The government also made efforts to bring former IPL commissioner Lalit Modi back but failed.&lt;br /&gt;
&lt;br /&gt;
=Relations, defence=&lt;br /&gt;
==Ajeya-Warrior==&lt;br /&gt;
===Ajeya Warrior-2013===&lt;br /&gt;
[http://pib.nic.in/newsite/PrintRelease.aspx?relid=102021  December 19, 2013: ''Press Information Bureau'']&lt;br /&gt;
&lt;br /&gt;
Exercise ‘Ajeya Warrior’, a four week Indo-UK joint military exercise, was aimed at enhancing counter terrorism skills. It was held at Belgaum, Karnataka.&lt;br /&gt;
&lt;br /&gt;
===Ajeya Warrior-2015===&lt;br /&gt;
[http://pib.nic.in/newsite/printrelease.aspx?relid=122364  June 8, 2015: ''Press Information Bureau'']&lt;br /&gt;
&lt;br /&gt;
Exercise AJEYA WARRIOR, a Joint Exercise between the armies of India and UK, wasconducted from 13 June to 28 June 2015 at Westdown Camp, Salisbury Plains Training Area, UK. &lt;br /&gt;
&lt;br /&gt;
The Exercise is held biannually in the two countries, alternatively. The aim of the Exercise is to build and promote positive military relations between Indian and UK Army and to enhance their ability to undertake joint tactical level operations in Counter Insurgency/Counter Terrorism Environment under United Nations Charter. &lt;br /&gt;
&lt;br /&gt;
A Company strength participated from a Battalion of the Kumaon Regiment of the Indian Army, nominated for the Exercise. The Indian Army Contingent after reaching the Exercise location at Westdown Camp, UK,  familiarised with the weapons, equipment, tactical drills and orient themselves with the terrain.&lt;br /&gt;
&lt;br /&gt;
===Ajeya Warrior-2017===&lt;br /&gt;
[https://timesofindia.indiatimes.com/city/jaipur/14-day-indo-uk-drill-begins-in-jaisalmer/articleshow/61886398.cms  December 2, 2017: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
''A 14-day joint training exercise 'Ajeya Warrior-2017' between Indian and British armies started at Mahajan field firing range in Jaisalmer.''&lt;br /&gt;
&lt;br /&gt;
The exercise continues till  December 14. The training contingents comprise one company (approximately 120 personnel) strength each from 20th Battalion, The Rajputana Rifles from the Indian Army and a similar strength from the 1st Battalion, The Royal Anglian Regiment of the British Army.&lt;br /&gt;
&lt;br /&gt;
Defence spokesman Lt Colonel Manish Ojha said the exercise between the two countries is third such bilateral exercise which takes place regularly under the UN mandate of counter terrorism and counter insurgency operations. It helps the nations hone their skills jointly and practice anti-terrorist operations to ensure that there are no hitches when they have to operate together. Through the exercise, the two armies develop better understanding of each other's tactics, weapons and equipment.&lt;br /&gt;
&lt;br /&gt;
=Relations, diplomatic=&lt;br /&gt;
==2017, ICJ issue: Worst diplomatic showdown in decades==&lt;br /&gt;
[http://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2017%2F11%2F19&amp;amp;entity=Ar01008&amp;amp;sk=A1CA2568&amp;amp;mode=text  Sachin Parashar, India, UK in ugly spat over ICJ spot, November 19, 2017: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
''Britain Threatens To Invoke Never-Before-Used Mechanism To Stall India Bid''&lt;br /&gt;
&lt;br /&gt;
India and the UK are headed for what might turn out to be the worst diplomatic showdown between the two nations in decades.&lt;br /&gt;
&lt;br /&gt;
In a brazen attempt to stall the surge in support for India’s candidate for the International Court of Justice (ICJ), Dalveer Bhandari, in the last round of voting at the UN General Assembly (UNGA), the UK is threatening to use its power as a permanent member of the UN Security Council (UNSC) to end the process of voting.&lt;br /&gt;
&lt;br /&gt;
At an informal discussion of the UNSC, the UK is learnt to have stated that it was considering stalling further voting at the UN after a single round of balloting on Monday.&lt;br /&gt;
&lt;br /&gt;
It has instead proposed an arcane mechanism, that of a joint conference comprising three members each from the UNGA and the UNSC, as a substitute to continued voting. What has angered India, which is actively working to thwart Britain’s move, is that the mechanism has never been used in the history of the ICJ to break a deadlock in the appointment of judges.&lt;br /&gt;
&lt;br /&gt;
The proposal that the UK threatens to initiate in the SC, as support for its candidate Christopher Greenwood drops sharply in the UNGA, is attracting considerable criticism from across a broad spectrum of countries. As the previous rounds of voting have shown, Bhandari enjoys overwhelming support in the UNGA with a near 2/3rd majority (121 countries favoured him over Britain’s candidate), but Greenwood has managed to negate it with a slender lead in the 15-member UNSC with help from its permanent members. A candidate needs a majority in both the UNGA and the UNSC to win.&lt;br /&gt;
&lt;br /&gt;
There have been many such deadlocks in the past too, most recently in 2014 and 2011, but these were always resolved by more rounds of voting. The UK though is trying to duck voting, saying just one more vote on Monday is enough before forming a joint conference, an untried mechanism that may take weeks to set up and months to yield any result.&lt;br /&gt;
&lt;br /&gt;
A senior Indian official said the UK’s tactics to try and “steal the election outcome” was akin to those of the robber-baron Robert Clive and added, tongue in cheek, that the new India was no Siraj-ud-Daulah, the last Nawab of Bengal who was defeated by Clive.&lt;br /&gt;
&lt;br /&gt;
The Indian diplomatic offensive at the UN has succeeded in stringing together an impressive coalition of countries from Africa, the Asia-Pacific and also Latin America. According to Indian officials, many former British colonies have joined India against their former colonial master.&lt;br /&gt;
&lt;br /&gt;
The election, which started off as an effort to elect an individual judge to the ICJ, now has broader overtones as it has pitched a declining UK and a rising India in a highvoltage diplomatic battle.&lt;br /&gt;
&lt;br /&gt;
Many UNGA members too have been taken aback by the UK’s threat to seek a joint conference as there exists an unequivocal legal opinion, provided in the 1984 UN Juridical Yearbook, that argues against resorting to that option. Para 21 of the yearbook clearly says that should a deadlock occur, a joint conference should not be automatically resorted to. “It seems more practical that the electoral organs should proceed to further meeting,” it says.&lt;br /&gt;
&lt;br /&gt;
Indian officials feel that the UK’s “undemocratic tactics” may impact Britain’s standing in the Commonwealth, something that the UK will need to factor in as it prepares to host the next Commonwealth Heads of Government Meeting in London in 2018.&lt;br /&gt;
&lt;br /&gt;
In all previous cases of deadlock, there were several more rounds of balloting than have been completed this time. And on each occasion, the candidate consistently leading in the UNGA was elected ultimately.&lt;br /&gt;
&lt;br /&gt;
== Research helped India outvote UK==&lt;br /&gt;
[http://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2017%2F11%2F23&amp;amp;entity=Ar01314&amp;amp;sk=DECB291C&amp;amp;mode=text  Sachin Parashar, How a key research helped India outwit UK, November 23, 2017:  ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'' ‘Victory Testimony Of Change That’s Underway’ ''&lt;br /&gt;
&lt;br /&gt;
A key piece of research dug out after hours of pouring over UN voting records by a diligent junior official at India’s permanent mission was instrumental in India torpedoing United Kingdom’s unprecedented proposal for a Joint Conference mechanism to break the ICJ deadlock.&lt;br /&gt;
&lt;br /&gt;
India’s permanent representative to UN Syed Akbaruddin told TOI that the research by the official (name withheld on request) showed that in 1978, 2011and 2014, ICJ elections were held over more sessions, more meetings and more rounds of ballots than in 2017. In the Dalveer Bhandari-Christopher Greenwood direct face-off, only 6 rounds of voting had been held.&lt;br /&gt;
&lt;br /&gt;
The contest between Bhandari and Greenwood was running its normal course until UK, as first reported by TOI on Sunday, added drama to it by proposing at an informal discussion of the Security Council that a Joint Conference of Council and General Assembly be formed — and the voting stalled — to break the deadlock. Britain feared more rounds of voting would lead to Bhandari acquiring over 2/3rd support in the Assembly. Just how India fought off this proposal in the last 72 hours is the real story behind the re-election of Bhandari.&lt;br /&gt;
&lt;br /&gt;
Akbaruddin parried UK’s proposal by laying out findings in the research that in 1978, the Security Council had voted in 14 rounds, in 2014 the GA had voted in 15 rounds and in 12 rounds in 2011 without invoking any other mechanism.&lt;br /&gt;
&lt;br /&gt;
“Also the findings indicated that in each of the past elections, final results were only at culmination of four&lt;br /&gt;
&lt;br /&gt;
sessions. And so there was no reason to go for a new mechanism even before the end of the 4th session,” Akbaruddin told TOI.&lt;br /&gt;
&lt;br /&gt;
For India, ousting a P-5 from its perch despite all other Permanent Members joining in support (they had together voted for Greenwood) is nothing short of historic. “Simply put, it has never ever happened before. It is therefore testimony of change that is under way. It shows that change is discernible and happens, if not by design then by chance,” said India’s top official at the UN.&lt;br /&gt;
&lt;br /&gt;
“It is an acknowledgement that most countries recognise that India has credentials as a country for which space can be provided on important multilateral platforms. It reflects India’s ability to harness broadbased coalitions along a common vision of a more inclusive, open architecture of multi-lateralism that is appealing to a large number of states,” he added.&lt;br /&gt;
&lt;br /&gt;
Akbaruddin was humble in victory as he said the resolution of the issue with UK within a framework of common values that reflected “the democratic spirit of the times” indicated a certain maturity of approach.&lt;br /&gt;
&lt;br /&gt;
“This approach allows for tough hard-nosed tactics during negotiations coupled with ability to arrive at solutions that leave space for collaboration and cooperation once the outcome is decided,” he said.&lt;br /&gt;
&lt;br /&gt;
Britain too was gracious in defeat, acknowledging the significance of its bilateral ties with India, even though it bowed out saying that this was “an ideal opportunity” to hold a Joint Conference to break the deadlock. But, as Akbaruddin said, researching years of election proceedings of the ICJ going back to several decades helped India outwit UK on that unprecedented move.&lt;br /&gt;
&lt;br /&gt;
The findings indicated that in each of the past elections, final results were only at culmination of four sessions. And so there was no reason to go for a new mechanism even before the end of the fourth session&lt;br /&gt;
&lt;br /&gt;
SYED AKBARUDDIN- India’s permanent representative to UN&lt;br /&gt;
&lt;br /&gt;
=Wide scope for UK-India partnership: Jeremy Corbyn=&lt;br /&gt;
[http://www.thehindu.com/news/international/jeremy-corbyn-on-theresa-mays-visit-to-india/article9310411.ece ''The Hindu''], November 6, 2016&lt;br /&gt;
&lt;br /&gt;
Vidya Ram&lt;br /&gt;
&lt;br /&gt;
'''UK govt. failing India as true partner: Jeremy Corbyn'''&lt;br /&gt;
&lt;br /&gt;
The Conservative Government has failed to treat its relationship with India as a true partnership, British Opposition Leader Jeremy Corbyn said on the eve of Prime Minister Theresa May’s visit to India. Corbyn called for the relationship to be imbued with “respect,” and pledged that a Labour government would adopt a very different policy to the Tories on immigration, in a wide-ranging interview with the Hindu on Saturday, that covered topics ranging from his vision of bilateral relations in post Brexit Britain to nuclear weapons and caste discrimination.&lt;br /&gt;
&lt;br /&gt;
Workers rights and environmental protection would also be at the forefront of any future trade deal between India and post-Brexit Britain, he said. “There has to be a clear trade strategy for India. As someone who has had the pleasure of visiting India on a number of occasions, I have been impressed with the high level of practical innovative skill that there is in all Indian towns and villages that no longer exist in Europe. I think Europe can learn a bit from that.”&lt;br /&gt;
&lt;br /&gt;
''' ''Here is the full transcript of the interview:'' '''&lt;br /&gt;
&lt;br /&gt;
'''As Ms. May prepares to head to India, what is your message to India, and how do we build things like social justice into that relationship?'''&lt;br /&gt;
&lt;br /&gt;
My message would be I have been to India a number of times myself and love and respect the country. I lead a party that is proud to be part of a multicultural, multilingual society in Britain and the inner London constituency I represent has university students from all over the world. Only yesterday I was with a group of students very concerned about their future in Britain because of the government’s — in my view — unfair behaviour towards students studying the English language here. I want us to be a welcoming place and think the growing links between our universities is wonderful. The way we make advances in education, and research is by sharing. We should look at India as a partner.&lt;br /&gt;
&lt;br /&gt;
'''Does the British government treat India as a partner?'''&lt;br /&gt;
&lt;br /&gt;
They look at India as a place to do business in and that’s fine but I’m not sure they fully appreciate that a partnership is something where you have to work two ways. Encouraging British students to study in India and making sure Indian students can stay here to get work experience before they decide what their next step is. There is a huge contribution of Indian intellectuals to Britain and the Labour Party, even back to the 1920s. We can learn and share a lot. Lets have some respect.&lt;br /&gt;
&lt;br /&gt;
'''Brexit has unleashed anti-immigrant sentiment. What is the way to tackle this?'''&lt;br /&gt;
&lt;br /&gt;
It’s utterly disgusting. The only way to deal with that irrational, vile behaviour is to stand up with all communities. What I did a week after the Brexit vote was organise locally a very large meeting of all communities and invited all to speak. I had Muslim, Hindu, Christian, Jewish speakers, people of no particular faith. We are one community and we should stand together. I say to the people who think its ok to blame minorities: all you build is hatred, you haven’t built houses, schools or trained any doctors. I want us to work together and recognize the enormous contribution made by people who have made their homes in Britain.&lt;br /&gt;
&lt;br /&gt;
'''How would your immigration policy differ from the government’s?'''&lt;br /&gt;
&lt;br /&gt;
I would restore the right of students to undertake work experience. If you become a doctor, architect, lawyer, then you need time to build it up. The other issue is around family reunion: the income level set is often unrealistically high and there is a lot of stress for families. On doctors, the government should recognise that without foreign doctors, the NHS would collapse. I think the contribution that Indian doctors have made to Britain is phenomenal. I want to develop and improve the NHS but the idea that you could somehow survive without foreign doctors is simply untenable. I advise any of those who think it could to visit any hospital and see who is working there.&lt;br /&gt;
&lt;br /&gt;
'''What lessons does your victory in two Labour Party elections have for left wing movements across the world?'''&lt;br /&gt;
&lt;br /&gt;
That if we don’t challenge the economic orthodoxy that drives down the welfare state, we disappear as the Left and we disappear as a social democratic force. I think with our two wins we have shown just how strong the feeling is that there has to be a political and economic alternative. Our two victories were completely against the odds with very little support from the media and the establishment yet we got elected and our party membership is going up to 600,000. I think that says something about our appeal.&lt;br /&gt;
&lt;br /&gt;
'''With parliamentary approval for Brexit looking increasingly likely, what will you be pushing for?'''&lt;br /&gt;
&lt;br /&gt;
Our priorities are one: open market access to Europe; two: the protection of the working time directive and workers rights protections achieved through Europe and three: environmental protection regulations. The court ruling doesn’t necessarily make a big difference to the timetable but does mean Parliament will have to have a say. The genie is out of the bottle and I think there is inevitably going to be a parliamentary discussion on this. We are also building strong and close relations with socialist parties and trade unions across Europe.&lt;br /&gt;
&lt;br /&gt;
'''As a long-time opponent of nuclear weapons what is your take on current India-Pakistan relations. What is the way forward?'''&lt;br /&gt;
&lt;br /&gt;
I have spent my life opposing nuclear weapons and have spoken of the need for nuclear disarmament of India and Pakistan. We need the voice of peace from both countries. It does mean reducing tensions. I hope there can be improved relations by the de-escalation of tensions and taking nuclear weapons off the board.&lt;br /&gt;
&lt;br /&gt;
'''What kind of a deal will Britain want to reach with India post-Brexit?'''&lt;br /&gt;
&lt;br /&gt;
The traditional EU trade agreements have usually included a human element to it, which we would want and I would want to see environmental protection strengthened. We need to have more respect for workers rights and the environment. There has to be a clear trade strategy for India. As someone who has had the pleasure of visiting India on a number of occasions, I have been impressed with the high level of practical, innovative skill that there is in all Indian towns and villages that no longer exist in Europe. I think Europe can learn a bit from that.&lt;br /&gt;
&lt;br /&gt;
=Visa issues=&lt;br /&gt;
==2016-17: India, China receive the bulk==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=50-of-UKs-visitor-visas-given-to-Chinese-14092017009016  Lubna Kably, 50% of UK's visitor visas given to Chinese, Indians, Sep 14, 2017: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: Visitor, student and skilled- worker visas issued by the UK to Indians, 2016-17.jpg|Visitor, student and skilled- worker visas issued by the UK to Indians, 2016-17; [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=50-of-UKs-visitor-visas-given-to-Chinese-14092017009016  Lubna Kably, 50% of UK's visitor visas given to Chinese, Indians, Sep 14, 2017: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
''In Student Visas, India Sees Almost 10% Rise''&lt;br /&gt;
&lt;br /&gt;
Visitor visas constituted the bulk of total visas granted by the UK to nationalities in non-European Economic Area (EEA) during financial year ended June 30, 2017. Nearly 50% of visitors were from China and India.&lt;br /&gt;
&lt;br /&gt;
Of the total 26.3 lakh visas issued by the UK during this period, 20.38 lakh or 77% were for visitors alone. The aggregate number of visitor visas reflected a rise of 8% over the previous year ended June 30, 2016. Of the 20.38 lakh visitor visas, Chinese were allotted 26% and Indians 20%. The primary visa categories include visitor, work and study .&lt;br /&gt;
&lt;br /&gt;
According to the UK's home office, as many as 4.14 lakh Indians obtained visitor visas, a rise of 10% from the previous corresponding period. By comparison, those granted to the Chinese, excluding from Hong Kong, rose 24% to 5.36 lakh.&lt;br /&gt;
&lt;br /&gt;
Aside from visitor visas, the most common ones granted to non-EEA nationals include study visas (excluding for short-term courses). During the year ended June 2017, 2.13 lakh such visas were granted, a 4% increase over the previous year.&lt;br /&gt;
&lt;br /&gt;
Visas granted to the three largest non-EEA student nationalities saw an increase too. Chinese students were issued 82,200 visas, a rise of 17% from the previous financial year; Americans 14,400 visas, up just 1% and Indians 11,700, an almost 10% rise, states the UK's home office.&lt;br /&gt;
&lt;br /&gt;
The EEA brings together the Europena Union countries and a few others such as Iceland, Liechtenstein, Norway and Switzerland into a single market--allowing for free movement of people.&lt;br /&gt;
&lt;br /&gt;
Thus, the UK home office statistics on visas include only non-EEA countries. The of ficial statement, though, explains that some non-EEA nationalities such as Americans do not normally require a visa to visit the UK. Consequently , the number of visitor visas granted is much lower than the total number of arrivals.&lt;br /&gt;
&lt;br /&gt;
While Brexit may change the scenario, the number of visas issued to skilled workers remained fairly constant during the 12-month period ended June 30, 2017, compared with the corresponding period in the earlier year. There was an insignificant decline of 1.25% to 92,805 from 93,935.&lt;br /&gt;
&lt;br /&gt;
The earlier trend continued, with Indian nationals accounting for nearly 58% (or 53,366) of the total skilled work visas granted. US nationals were the next largest group with 9,144 Tier-II visas granted to them or 10% of the total in this category.&lt;br /&gt;
&lt;br /&gt;
In the previous corresponding year, Indians had obtained 53,548 Tier-II visas or 57% of the total visas in this category , whereas Americans with 10,019 were issued 11% of these visas. Work visas across all categories, which include Tier-I (unskilled), youth mobility and temporary ones saw a marginal decline of 2% from 1.66 lakh visas in June 2016 to 1.63 lakh visas.&lt;br /&gt;
&lt;br /&gt;
The impact of Brexit has shown some signs with EU nationals gradually migrating out of the UK. Latest available figures for a 12month period up to March 2017 show that the net migration or the difference between the number of people entering and leaving the UK, was 2.46 lakh, a decrease of 81,000 from the previous year.&lt;br /&gt;
&lt;br /&gt;
According to a Uniten Kingdon-based immigration counsel, the government's initial aim was to bring the net migration to below one lakh people a year. However, there has been internal discontent on this issue and the industry fears a brain drain should this happen.&lt;br /&gt;
&lt;br /&gt;
“Indian workers are largely in the skilled category. Further, several of them are on company secondments. It is too early to tell what will be the impact of Brexit on them,“ says this expert.&lt;br /&gt;
&lt;br /&gt;
==2018, India excluded from ‘low risk nation’ category for student visas==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F06%2F17&amp;amp;entity=Ar00526&amp;amp;sk=156A670B&amp;amp;mode=text  Naomi Canton, India left out as UK eases student visa rules for 26 ‘low-risk’ nations, June 17, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Indian students are outraged that relaxed UK study visa rules will apply to students from China and 25 other countries but not them.&lt;br /&gt;
&lt;br /&gt;
In changes to its immigration policy tabled in Parliament on Friday, the UK Home Office announced a relaxation in the Tier-4 visa category for students from 26 countries deemed “low risk”. Other countries added to the list include Thailand and Mexico which, unlike India, are not in the Commonwealth.&lt;br /&gt;
&lt;br /&gt;
A home office spokesperson confirmed to TOI that “India is not on the list”. The changes, effective July 6, aim to make it easier for international students to study in the UK by making checks on educational, financial and English language skill requirements less rigorous.&lt;br /&gt;
&lt;br /&gt;
Lord Karan Bilimoria, president of the UK Council for International Student Affairs, said the move was “another kick in the teeth for India”.&lt;br /&gt;
&lt;br /&gt;
=== Cause of UK visa snub: India’s refusal to take back ‘overstayers’ ===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F06%2F20&amp;amp;entity=Ar01401&amp;amp;sk=049DB80D&amp;amp;mode=text  Naomi Canton, UK links visa snub to India’s refusal to take back migrants, June 20, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
''Britain Says It’s Home To 1L Indian ‘Overstayers’, Delhi Puts Total At 2k''&lt;br /&gt;
&lt;br /&gt;
Bilateral relations between the UK and India have taken a nosedive ironically at the launch of the first ever ‘UK-India Week’, which was meant to celebrate the bond between the two countries.&lt;br /&gt;
&lt;br /&gt;
The UK’s international trade secretary Liam Fox said on the sidelines of the launch event that the reason India was excluded from a list of countries offered easier access to student visas was because it had in April refused to sign a memorandum of understanding (MoU) promising to facilitate return of illegal Indian immigrants in the UK to India. His remarks went down like a lead balloon with officials at the Indian high commission in London.&lt;br /&gt;
&lt;br /&gt;
The aim of the UK-India Week was to address prospects for post-Brexit partnerships. But instead, after day one of the event organised by PM Modi’s ex- communications director Manoj Ladwa, ties have hit an all-time low.&lt;br /&gt;
&lt;br /&gt;
Responding to Fox’s remarks, an Indian high commission official told TOI, “It’s up to the British government to decide what kind of visas they want to give and whether they want closer ties with India. I feel the signals they are sending our way are wrong but whether they bring lasting damage to our relations is a longterm perspective. It’s for them to decide if they want to link this to the MoU, but if they do, they will have to bear the consequences. I am not confident this is going to turn out well.”&lt;br /&gt;
&lt;br /&gt;
A UK foreign office spokesman said: “There is no limit on the number of genuine Indian students who can come to study in the UK, and the fact that last year saw a 30% increase in tier-4 visas issued to Indians is proof the current system allows for strong growth in this area. We continue to discuss finalising an agreement on the returns of Indian nationals in the UK who are here illegally, with the hope that it will be ratified and implemented as soon as possible.”&lt;br /&gt;
&lt;br /&gt;
Britain believes there are 100,000 illegal Indian immigrants in the UK whereas India puts the figure at 2,000.&lt;br /&gt;
&lt;br /&gt;
On Monday, at the release of an edition of ‘The 100 Most Influential in UK-India Relations’, Fox surprisingly helped sour ties by saying, “There is always a demand for easier norms, but we cannot look at that without addressing the issue of overstayers.”&lt;br /&gt;
&lt;br /&gt;
Junior home minister Kiren Rijiju initialled the MoU in January but PM Modi pulled out of signing it when he visited the UK in April. Sources at the Indian high commission had told TOI at the time that the MoU had not been signed because India was “not seeing any progress on easing of visas for Indians”.&lt;br /&gt;
&lt;br /&gt;
=Year-wise statistics=&lt;br /&gt;
==2019==&lt;br /&gt;
===Indian diplomacy foils Pakistan backed Kashmir- Day===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F02%2F06&amp;amp;entity=Ar01903&amp;amp;sk=3E63CDA2&amp;amp;mode=text  With quiet diplomacy, India foils Pak’s K-event in UK, February 6, 2019: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
''Mostly Pak-Origin Lawmakers Attend Anti-India Event''&lt;br /&gt;
&lt;br /&gt;
India’s quiet diplomacy with the UK, including a demarche asking the British government to not allow its soil to be used for propaganda against India, ensured that Pakistan backed events on the so called Kashmir Solidarity Day were a non-starter, government sources familiar with the issue said.&lt;br /&gt;
&lt;br /&gt;
UK maintained all along that Pakistan foreign minister S M Qureshi was in London on a private visit and that no government official was going to interact with him. According to authorities here, Pakistan officials even tried to arrange an “accidental” meeting for Qureshi with senior UK government officials but that too was apparently not granted.&lt;br /&gt;
&lt;br /&gt;
Most of the MPs who joined the Kashmir conference on British Parliament premises were said to be of Pakistani origin. The conference was attended by former Norway PM Kjell Bondevik who was in news recently for his visit to Srinagar where he held talks with representatives of Kashmir Chamber of Commerce and Industry, J&amp;amp;K Youth Development Forum and All Party Hurriyat Conference. Foreign minister Sushma Swaraj had then clarified that India had no role in organising his visit or any of his meetings.&lt;br /&gt;
&lt;br /&gt;
The conference in British Parliament was organised by UK’s All Party Parliamentary Group on Pakistan (APPG-Pakistan) chairperson Rehman Chisti. However, several senior members of the group stayed away from the conference. Shadow foreign secretary of Labour Party Emily Thornberry and MP Debbie Abrahams, reports from London said, attended the event.&lt;br /&gt;
&lt;br /&gt;
Qureshi said at the event that he had been empowered to be there both in his personal capacity as a democrat and as an ardent supporter of “Kashmir’s right to self-determination.”&lt;br /&gt;
&lt;br /&gt;
The government believes that with Qureshi’s presence at these events, Pakistan has sought to further up the ante on Kashmir.&lt;br /&gt;
&lt;br /&gt;
=See also=&lt;br /&gt;
[[ Indians, Pakistanis in the UK ]]&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Ram_Nath_Kovind</id>
		<title>Ram Nath Kovind</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Ram_Nath_Kovind"/>
				<updated>2019-02-20T10:46:21Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: /* Ram Nath Kovind, the 14th President of India */&lt;/p&gt;
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[[Category:India |K ]]&lt;br /&gt;
[[Category:Politics |K]]&lt;br /&gt;
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=Brief biography=&lt;br /&gt;
[http://timesofindia.indiatimes.com/india/bihar-governor-ram-nath-kovind-10-facts-about-ndas-presidential-nominee/articleshow/59216836.cms    Bihar governor Ram Nath Kovind: 10 facts about NDA's Presidential nominee| Jun 19, 2017 | IndiaTimes/ ''The Times of India'']&lt;br /&gt;
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[[File: Ram Nath Kovind .jpg| Ram Nath Kovind [https://www.indiatoday.in/magazine/nation/story/20170703-ram-nath-kovind-president-dalit-modi-bjp-opposition-986668-2017-06-24 &amp;lt;br/&amp;gt;“India Today”]|frame|500px]] &lt;br /&gt;
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Here are ten facts about the Dalit leader:&lt;br /&gt;
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1. Kovind was born October 1, 1945 at Kanpur Dehat in Uttar Pradesh.&lt;br /&gt;
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2. He has Bachelor's degrees in Commerce and Law, both from Kanpur University.&lt;br /&gt;
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3. The Dalit leader became a Rajya Sabha MP in April 1994 from Uttar Pradesh and served for two consecutive terms for 12 years until March 2006.&lt;br /&gt;
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4. Kovind is an advocate by profession. He was a central government advocate in the Delhi high court from 1977 to 1979, and Central Government Standing Counsel in the Supreme Court from 1980 to 1993. He became the Advocate-on-Record of the Supreme Court in 1978. He practised in the Delhi high court and the Supreme Court for 16 years until 1993. He enrolled as an Advocate in 1971 with the Bar Council of Delhi.&lt;br /&gt;
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5. Kovind has served as member on several important Parliamentary Committees. They include: Parliamentary Committee on Welfare of Scheduled Castes/Tribes, Parliamentary Committee on Home Affairs, Parliamentary Committee on Petroleum and Natural Gas, Parliamentary Committee on Social Justice and Empowerment, Parliamentary Committee on Law and Justice. He also chaired the Rajya Sabha House Committee.&lt;br /&gt;
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6. The Bihar governor is a former president of the BJP Dalit Morcha (1998-2002) and President of the All-India Koli Samaj. He has also served as national spokesperson of the party.&lt;br /&gt;
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7. Kovind has served as a board member at Dr. B.R Ambedkar University in Lucknow and the Indian Institute of Management in Kolkata.&lt;br /&gt;
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8. He has represented India in the United Nations and addressed the United Nations General Assembly in October, 2002.&lt;br /&gt;
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9. Kovind is married and has a son and a daughter.&lt;br /&gt;
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10. On August 8, 2015, Kovind was appointed governor of Bihar.&lt;br /&gt;
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=Ram Nath Kovind, the 14th President of India=&lt;br /&gt;
&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=THE-14TH-PRESIDENT-21072017016058 THE 14TH PRESIDENT|Jul 21 2017 : The Times of India (Delhi)]&lt;br /&gt;
[[File:ram 2.png|Ram NathKovind, the 14th President of India.jpg| Ram NathKovind, the 14th President of India&amp;lt;br/&amp;gt;From [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=THE-14TH-PRESIDENT-21072017016058 '' The Times of India ''] |frame|500px]]&lt;br /&gt;
[[File:ram1.png|Ram NathKovind, the 14th President of India.jpg| Ram NathKovind, the 14th President of India&amp;lt;br/&amp;gt;From [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=THE-14TH-PRESIDENT-21072017016058 '' The Times of India ''] |frame|500px]]&lt;br /&gt;
[[File: What made him special .jpg| What made him special [https://www.indiatoday.in/magazine/nation/story/20170703-ram-nath-kovind-president-dalit-modi-bjp-opposition-986668-2017-06-24 .&amp;lt;br/&amp;gt;“India Today”]|frame|500px]]&lt;br /&gt;
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=Career=&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=A-lawyer-who-cracked-civils-but-lost-2-20062017012004    A lawyer who cracked civils but lost 2 elections |Jun 20 2017 : The Times of India (Delhi)]&lt;br /&gt;
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His appointment as Bihar governor two years ago was as surprising as his selection as the next `probable' President. That's probably because he was not very well known in political circles. But Ram Nath Kovind was one of the first lot of Dalit leaders to join the saffron party.&lt;br /&gt;
&lt;br /&gt;
He was the central government's advocate in the Supreme Court during the Janata Party government and finally joined BJP in 1991 after 16 years of practice. From there to the Raj Bhawan of Bihar and now a likely journey to Rashtrapati Bhawan -it has been a story of dedication and tireless work for the organisation. He even donated his ancestral house in Paraunkh village in Derapur to the R S S. Kovind was a BJP Rajya Sabha member for two consecutive terms from 1994 to 2006.&lt;br /&gt;
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In between, he was also the BJP Dalit Morcha president between 1998 and 2002.He served as the national spokesperson for the party and also on several impor tant Parliamentary Committees. After pursuing degrees in commerce and law from Kanpur University , he started preparing for the civil services in Delhi. He cracked the examination in 1975 but didn't join as he was selected for the allied services.&lt;br /&gt;
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After that, he started full-time practice in Delhi high court and the Supreme Court and came in contact with political leaders. He also served as the personal assistant of Morarji Desai in 1977-78 when he was Prime Minister.&lt;br /&gt;
&lt;br /&gt;
Just after he joined BJP, the party fielded him from Ghatampur in UP but he lost. His next attempt at electoral politics was in 2007, when he was fielded from the Bhognipur assembly constituency in UP. He lost again. But the party did recognise Kovind's organisational and administrative skills. Perhaps it was because of his administrative skills that he hardly had any confrontation with Bihar chief minister Nitish Kumar, who had said he had not been consulted before Kovind's appointment as Bihar governor.&lt;br /&gt;
&lt;br /&gt;
His political journey was mainly centred around the rights and uplift of the weaker sections of the society. Apart from being the chief of the BJP's SCST wing, Kovind had joined the SCST employees' movement against the central government in 1997 to protest against some government orders. Later, the orders were termed null and void by the passage of three amendments to the Constitution during the first NDA regime. In Bihar, he was widely acclaimed for constituting a judicial commission to check irregularities in promotion of undeserving teachers, bungling of funds and appointment of undeserving candidates in universities.&lt;br /&gt;
==Mentored by Kalyan Singh==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=A-product-of-Kalyan-Singh-lab-24062017008005   Subhash Mishra| A product of Kalyan Singh lab| Jun 24 2017 | The Times of India (Delhi)]&lt;br /&gt;
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&lt;br /&gt;
Ram Nath Kovind, the NDA presidential candidate, was a product of former Uttar Pradesh chief minister Kalyan Singh's initiative to expand the BJP's base by promoting leaders from the marginalised sections of society.&lt;br /&gt;
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Before joining BJP in 1990, Kovind practised law and did social work. He worked with first non-Congress PM Morarji Desai, and during that time he met the then foreign minister and Jan Sangh leader Atal Bihari Vajpayee.&lt;br /&gt;
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After he failed to win his first election on a BJP ticket in 1991, Kovind met Kalyan, who was then the most prominent leader of the saffron party and chief minister of UP. At that time, Kalyan was trying to expand the party's base beyond Brahmins and banias, and was trying to bring marginalised sections, most backwards and Dalits, into BJP.That's why the UP BJP of early 90s is called the “caste laboratory of Kalyan Singh“ which produced leaders like Om Prakash Singh, Ram Prasad Kamal and Hari Narain Rajbhar from the marginalised sections and succeeded in dispelling the notion that the party was a “Brahmin­Bania“ party .&lt;br /&gt;
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In order to expand the party's base, Kalyan took BJP in rural areas, among farmers, backwards, most backwards and the dalits. Sources said when Kovind met Kalyan, he told him that “you are not the UP assembly material and you rather deserve a Rajya Sabha seat“. And Kalyan sent Kovind to the RS in 1994. He was re-nominated in 2000 and remained in the Upper House for 12 years, though he never won an election.&lt;br /&gt;
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=Presidency=&lt;br /&gt;
==2017-18==&lt;br /&gt;
[[File: President Ram Nath Kovind contributions as President, 2017-18.jpg| President Ram Nath Kovind contributions as President, 2017-18 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F07%2F26&amp;amp;entity=Ar01719&amp;amp;sk=B19101FA&amp;amp;mode=text  July 26, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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''' See graphic '''&lt;br /&gt;
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'' President Ram Nath Kovind contributions as President, 2017-18 ''&lt;br /&gt;
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=Political ideology: Quotas for SC/ ST/ OBC=&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Oppn-to-attack-Kovinds-commitment-to-quotas-24062017008015    Subodh Ghildiyal|  Oppn to attack Kovind's commitment to quotas | Jun 24 2017 | The Times of India (Delhi)]&lt;br /&gt;
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In a speech on December 17, 2004, Kovind had said reservations over 50-odd years had led to bitterness between reserved castes (SCsSTs OBCs) and general castes, and “both are justified“. He said SCsSTs were concerned that their share of 22.5% in jobs was not filled in decades as the administration of quotas was in the hands of non-reserved castes. On the other hand, he said the non-reserved castes were “also justified in saying how will reservation, which was to last only 10 or 20 years, continue“?&lt;br /&gt;
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“If you see it from their perspective, they are justified. They must be thinking... if they (SCs STs) have suffered injustice for centuries, will reservation also continue for centuries. I think both sections of society are justified in their argument.But there is a communication gap. It will be good...if they all sit across the table and find out an amicable solution. After all, you cannot carry on with reservation for years. If you do, it will lead to bitterness in society . But it is also correct if (SCsSTs) don't get reservation and don't attain equality , then what is the use of reservations? This is a ticklish question,“ he had said.&lt;br /&gt;
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Among Kovind's other thoughts were introducing compulsory voting, limiting the number of parties contesting polls to three, and no recognition to post-poll alliances.&lt;br /&gt;
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The opposition seems to be making an issue of “pluralism“ by saying Kovind in 2010 publicly opposed SC status for Dalit converts to Christianity and Islam -as recommended by the Rangnath Misra Commission. In 2005, in RS, he sought introduction of SCST quotas in minority institutions, which are exempted.&lt;br /&gt;
&lt;br /&gt;
However, his views on Dalit converts and caste quotas in minority institutions are in line with BJP's stand and also find favour with the Dalit community. The opposition will also highlight that Kovind had testified in favour of disgraced BJP chief Bangaru Laxman who was later convicted for corruption.&lt;br /&gt;
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=Trivia, anecdotes=&lt;br /&gt;
== Turned back from President's Shimla home: May 2017==&lt;br /&gt;
[http://timesofindia.indiatimes.com/city/shimla/when-ram-nath-kovind-was-turned-back-from-presidents-shimla-home/articleshow/59227207.cms   Anand Bodh | When Ram Nath Kovind was turned back from President's Shimla home | Jun 20, 2017 | IndiaTimes/ ''The Times of India''] &lt;br /&gt;
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On May 30, Kovind along with his family had returned from the gates of the Retreat.&lt;br /&gt;
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The President visits the Retreat at least once a year, his core office shifts here during the stay.&lt;br /&gt;
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The Retreat, located on the hilltop at Mashobra, was built in 1850 and taken over by the British viceroy in 1895.&lt;br /&gt;
 &lt;br /&gt;
&lt;br /&gt;
SHIMLA: Less than a month [before he became the BJP nominee for India’s presidential election], Bihar governor Ram Nath Kovind was not allowed to enter the Retreat, the official residence of the President of India in Shimla. Security personnel had told him that he did not have the requisite permissions from the President's office. And today, Kovind is the BJP-led NDA's nominee+ to become President of India.&lt;br /&gt;
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It was on May 30 2017 that Kovind along with his family had returned from the gates of the Retreat. The day also happened to be his marriage anniversary.&lt;br /&gt;
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Kovind had reached Shimla on May 28 and had stayed at the Raj Bhawan as Himachal Pradesh governor Acharya Devvrat is his good friend and both were appointed as governors on the same day. He was there for Devvrat's marriage anniversary on May 29 and Kovind had brought him box of mangoes from Bihar as gift.&lt;br /&gt;
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The next day, Kovind celebrated his own marriage anniversary. As Kovind did not know what places to visit during his stay, professor Shashikant Sharma, advisor to Himachal Pradesh governor had suggested that he visit the Siog reserve forest and had also told him about the Retreat.&lt;br /&gt;
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&amp;quot;I had asked him to visit Siog forest area thinking he would not have the time to visit the Retreat but later he went there on his own only to return from the gates,&amp;quot; Sharma said. He said that the security personnel could not have known that the person they denied entry to now has the distinct possibility of returning to the same Retreat as the President of India.&lt;br /&gt;
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The Retreat, located on the hilltop at Mashobra, was built in 1850 and taken over by the British viceroy in 1895. The President visits the Retreat at least once a year and his core office shifts here during the stay. It's a wooden structure with dhajji wall (stone-inlaid quake resistant) construction.&lt;br /&gt;
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''' Top Comment ''' &lt;br /&gt;
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'' Now don't make a villain out of the Retreat security. He was rightfully doing his duty. Actually a word of praise for the security would have shown a non bias view in the article. / Rahul Barnwal ''&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Ram_Nath_Kovind</id>
		<title>Ram Nath Kovind</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Ram_Nath_Kovind"/>
				<updated>2019-02-20T10:45:39Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: &lt;/p&gt;
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[[Category:India |K ]]&lt;br /&gt;
[[Category:Politics |K]]&lt;br /&gt;
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=Brief biography=&lt;br /&gt;
[http://timesofindia.indiatimes.com/india/bihar-governor-ram-nath-kovind-10-facts-about-ndas-presidential-nominee/articleshow/59216836.cms    Bihar governor Ram Nath Kovind: 10 facts about NDA's Presidential nominee| Jun 19, 2017 | IndiaTimes/ ''The Times of India'']&lt;br /&gt;
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[[File: Ram Nath Kovind .jpg| Ram Nath Kovind [https://www.indiatoday.in/magazine/nation/story/20170703-ram-nath-kovind-president-dalit-modi-bjp-opposition-986668-2017-06-24 &amp;lt;br/&amp;gt;“India Today”]|frame|500px]] &lt;br /&gt;
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Here are ten facts about the Dalit leader:&lt;br /&gt;
&lt;br /&gt;
1. Kovind was born October 1, 1945 at Kanpur Dehat in Uttar Pradesh.&lt;br /&gt;
&lt;br /&gt;
2. He has Bachelor's degrees in Commerce and Law, both from Kanpur University.&lt;br /&gt;
&lt;br /&gt;
3. The Dalit leader became a Rajya Sabha MP in April 1994 from Uttar Pradesh and served for two consecutive terms for 12 years until March 2006.&lt;br /&gt;
&lt;br /&gt;
4. Kovind is an advocate by profession. He was a central government advocate in the Delhi high court from 1977 to 1979, and Central Government Standing Counsel in the Supreme Court from 1980 to 1993. He became the Advocate-on-Record of the Supreme Court in 1978. He practised in the Delhi high court and the Supreme Court for 16 years until 1993. He enrolled as an Advocate in 1971 with the Bar Council of Delhi.&lt;br /&gt;
&lt;br /&gt;
5. Kovind has served as member on several important Parliamentary Committees. They include: Parliamentary Committee on Welfare of Scheduled Castes/Tribes, Parliamentary Committee on Home Affairs, Parliamentary Committee on Petroleum and Natural Gas, Parliamentary Committee on Social Justice and Empowerment, Parliamentary Committee on Law and Justice. He also chaired the Rajya Sabha House Committee.&lt;br /&gt;
&lt;br /&gt;
6. The Bihar governor is a former president of the BJP Dalit Morcha (1998-2002) and President of the All-India Koli Samaj. He has also served as national spokesperson of the party.&lt;br /&gt;
&lt;br /&gt;
7. Kovind has served as a board member at Dr. B.R Ambedkar University in Lucknow and the Indian Institute of Management in Kolkata.&lt;br /&gt;
&lt;br /&gt;
8. He has represented India in the United Nations and addressed the United Nations General Assembly in October, 2002.&lt;br /&gt;
&lt;br /&gt;
9. Kovind is married and has a son and a daughter.&lt;br /&gt;
&lt;br /&gt;
10. On August 8, 2015, Kovind was appointed governor of Bihar.&lt;br /&gt;
&lt;br /&gt;
=Ram Nath Kovind, the 14th President of India=&lt;br /&gt;
&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=THE-14TH-PRESIDENT-21072017016058 THE 14TH PRESIDENT|Jul 21 2017 : The Times of India (Delhi)]&lt;br /&gt;
[[File:ram 2.png|Ram NathKovind, the 14th President of India.jpg| Ram NathKovind, the 14th President of India&amp;lt;br/&amp;gt;From [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=THE-14TH-PRESIDENT-21072017016058 '' The Times of India ''] |frame|500px]]&lt;br /&gt;
[[File:ram1.png|Ram NathKovind, the 14th President of India.jpg| Ram NathKovind, the 14th President of India&amp;lt;br/&amp;gt;From [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=THE-14TH-PRESIDENT-21072017016058 '' The Times of India ''] |frame|500px]]&lt;br /&gt;
[[File: What made him special .jpg| What made him special https://www.indiatoday.in/magazine/nation/story/20170703-ram-nath-kovind-president-dalit-modi-bjp-opposition-986668-2017-06-24 .&amp;lt;br/&amp;gt;“India Today”|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
=Career=&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=A-lawyer-who-cracked-civils-but-lost-2-20062017012004    A lawyer who cracked civils but lost 2 elections |Jun 20 2017 : The Times of India (Delhi)]&lt;br /&gt;
&lt;br /&gt;
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His appointment as Bihar governor two years ago was as surprising as his selection as the next `probable' President. That's probably because he was not very well known in political circles. But Ram Nath Kovind was one of the first lot of Dalit leaders to join the saffron party.&lt;br /&gt;
&lt;br /&gt;
He was the central government's advocate in the Supreme Court during the Janata Party government and finally joined BJP in 1991 after 16 years of practice. From there to the Raj Bhawan of Bihar and now a likely journey to Rashtrapati Bhawan -it has been a story of dedication and tireless work for the organisation. He even donated his ancestral house in Paraunkh village in Derapur to the R S S. Kovind was a BJP Rajya Sabha member for two consecutive terms from 1994 to 2006.&lt;br /&gt;
&lt;br /&gt;
In between, he was also the BJP Dalit Morcha president between 1998 and 2002.He served as the national spokesperson for the party and also on several impor tant Parliamentary Committees. After pursuing degrees in commerce and law from Kanpur University , he started preparing for the civil services in Delhi. He cracked the examination in 1975 but didn't join as he was selected for the allied services.&lt;br /&gt;
&lt;br /&gt;
After that, he started full-time practice in Delhi high court and the Supreme Court and came in contact with political leaders. He also served as the personal assistant of Morarji Desai in 1977-78 when he was Prime Minister.&lt;br /&gt;
&lt;br /&gt;
Just after he joined BJP, the party fielded him from Ghatampur in UP but he lost. His next attempt at electoral politics was in 2007, when he was fielded from the Bhognipur assembly constituency in UP. He lost again. But the party did recognise Kovind's organisational and administrative skills. Perhaps it was because of his administrative skills that he hardly had any confrontation with Bihar chief minister Nitish Kumar, who had said he had not been consulted before Kovind's appointment as Bihar governor.&lt;br /&gt;
&lt;br /&gt;
His political journey was mainly centred around the rights and uplift of the weaker sections of the society. Apart from being the chief of the BJP's SCST wing, Kovind had joined the SCST employees' movement against the central government in 1997 to protest against some government orders. Later, the orders were termed null and void by the passage of three amendments to the Constitution during the first NDA regime. In Bihar, he was widely acclaimed for constituting a judicial commission to check irregularities in promotion of undeserving teachers, bungling of funds and appointment of undeserving candidates in universities.&lt;br /&gt;
==Mentored by Kalyan Singh==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=A-product-of-Kalyan-Singh-lab-24062017008005   Subhash Mishra| A product of Kalyan Singh lab| Jun 24 2017 | The Times of India (Delhi)]&lt;br /&gt;
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Ram Nath Kovind, the NDA presidential candidate, was a product of former Uttar Pradesh chief minister Kalyan Singh's initiative to expand the BJP's base by promoting leaders from the marginalised sections of society.&lt;br /&gt;
&lt;br /&gt;
Before joining BJP in 1990, Kovind practised law and did social work. He worked with first non-Congress PM Morarji Desai, and during that time he met the then foreign minister and Jan Sangh leader Atal Bihari Vajpayee.&lt;br /&gt;
&lt;br /&gt;
After he failed to win his first election on a BJP ticket in 1991, Kovind met Kalyan, who was then the most prominent leader of the saffron party and chief minister of UP. At that time, Kalyan was trying to expand the party's base beyond Brahmins and banias, and was trying to bring marginalised sections, most backwards and Dalits, into BJP.That's why the UP BJP of early 90s is called the “caste laboratory of Kalyan Singh“ which produced leaders like Om Prakash Singh, Ram Prasad Kamal and Hari Narain Rajbhar from the marginalised sections and succeeded in dispelling the notion that the party was a “Brahmin­Bania“ party .&lt;br /&gt;
&lt;br /&gt;
In order to expand the party's base, Kalyan took BJP in rural areas, among farmers, backwards, most backwards and the dalits. Sources said when Kovind met Kalyan, he told him that “you are not the UP assembly material and you rather deserve a Rajya Sabha seat“. And Kalyan sent Kovind to the RS in 1994. He was re-nominated in 2000 and remained in the Upper House for 12 years, though he never won an election.&lt;br /&gt;
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=Presidency=&lt;br /&gt;
==2017-18==&lt;br /&gt;
[[File: President Ram Nath Kovind contributions as President, 2017-18.jpg| President Ram Nath Kovind contributions as President, 2017-18 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F07%2F26&amp;amp;entity=Ar01719&amp;amp;sk=B19101FA&amp;amp;mode=text  July 26, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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''' See graphic '''&lt;br /&gt;
&lt;br /&gt;
'' President Ram Nath Kovind contributions as President, 2017-18 ''&lt;br /&gt;
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=Political ideology: Quotas for SC/ ST/ OBC=&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Oppn-to-attack-Kovinds-commitment-to-quotas-24062017008015    Subodh Ghildiyal|  Oppn to attack Kovind's commitment to quotas | Jun 24 2017 | The Times of India (Delhi)]&lt;br /&gt;
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In a speech on December 17, 2004, Kovind had said reservations over 50-odd years had led to bitterness between reserved castes (SCsSTs OBCs) and general castes, and “both are justified“. He said SCsSTs were concerned that their share of 22.5% in jobs was not filled in decades as the administration of quotas was in the hands of non-reserved castes. On the other hand, he said the non-reserved castes were “also justified in saying how will reservation, which was to last only 10 or 20 years, continue“?&lt;br /&gt;
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“If you see it from their perspective, they are justified. They must be thinking... if they (SCs STs) have suffered injustice for centuries, will reservation also continue for centuries. I think both sections of society are justified in their argument.But there is a communication gap. It will be good...if they all sit across the table and find out an amicable solution. After all, you cannot carry on with reservation for years. If you do, it will lead to bitterness in society . But it is also correct if (SCsSTs) don't get reservation and don't attain equality , then what is the use of reservations? This is a ticklish question,“ he had said.&lt;br /&gt;
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Among Kovind's other thoughts were introducing compulsory voting, limiting the number of parties contesting polls to three, and no recognition to post-poll alliances.&lt;br /&gt;
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The opposition seems to be making an issue of “pluralism“ by saying Kovind in 2010 publicly opposed SC status for Dalit converts to Christianity and Islam -as recommended by the Rangnath Misra Commission. In 2005, in RS, he sought introduction of SCST quotas in minority institutions, which are exempted.&lt;br /&gt;
&lt;br /&gt;
However, his views on Dalit converts and caste quotas in minority institutions are in line with BJP's stand and also find favour with the Dalit community. The opposition will also highlight that Kovind had testified in favour of disgraced BJP chief Bangaru Laxman who was later convicted for corruption.&lt;br /&gt;
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=Trivia, anecdotes=&lt;br /&gt;
== Turned back from President's Shimla home: May 2017==&lt;br /&gt;
[http://timesofindia.indiatimes.com/city/shimla/when-ram-nath-kovind-was-turned-back-from-presidents-shimla-home/articleshow/59227207.cms   Anand Bodh | When Ram Nath Kovind was turned back from President's Shimla home | Jun 20, 2017 | IndiaTimes/ ''The Times of India''] &lt;br /&gt;
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&lt;br /&gt;
On May 30, Kovind along with his family had returned from the gates of the Retreat.&lt;br /&gt;
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The President visits the Retreat at least once a year, his core office shifts here during the stay.&lt;br /&gt;
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The Retreat, located on the hilltop at Mashobra, was built in 1850 and taken over by the British viceroy in 1895.&lt;br /&gt;
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SHIMLA: Less than a month [before he became the BJP nominee for India’s presidential election], Bihar governor Ram Nath Kovind was not allowed to enter the Retreat, the official residence of the President of India in Shimla. Security personnel had told him that he did not have the requisite permissions from the President's office. And today, Kovind is the BJP-led NDA's nominee+ to become President of India.&lt;br /&gt;
&lt;br /&gt;
It was on May 30 2017 that Kovind along with his family had returned from the gates of the Retreat. The day also happened to be his marriage anniversary.&lt;br /&gt;
&lt;br /&gt;
Kovind had reached Shimla on May 28 and had stayed at the Raj Bhawan as Himachal Pradesh governor Acharya Devvrat is his good friend and both were appointed as governors on the same day. He was there for Devvrat's marriage anniversary on May 29 and Kovind had brought him box of mangoes from Bihar as gift.&lt;br /&gt;
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The next day, Kovind celebrated his own marriage anniversary. As Kovind did not know what places to visit during his stay, professor Shashikant Sharma, advisor to Himachal Pradesh governor had suggested that he visit the Siog reserve forest and had also told him about the Retreat.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;I had asked him to visit Siog forest area thinking he would not have the time to visit the Retreat but later he went there on his own only to return from the gates,&amp;quot; Sharma said. He said that the security personnel could not have known that the person they denied entry to now has the distinct possibility of returning to the same Retreat as the President of India.&lt;br /&gt;
&lt;br /&gt;
The Retreat, located on the hilltop at Mashobra, was built in 1850 and taken over by the British viceroy in 1895. The President visits the Retreat at least once a year and his core office shifts here during the stay. It's a wooden structure with dhajji wall (stone-inlaid quake resistant) construction.&lt;br /&gt;
&lt;br /&gt;
''' Top Comment ''' &lt;br /&gt;
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'' Now don't make a villain out of the Retreat security. He was rightfully doing his duty. Actually a word of praise for the security would have shown a non bias view in the article. / Rahul Barnwal ''&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/File:What_made_him_special_.jpg</id>
		<title>File:What made him special .jpg</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/File:What_made_him_special_.jpg"/>
				<updated>2019-02-20T10:44:39Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: &lt;/p&gt;
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		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Ram_Nath_Kovind</id>
		<title>Ram Nath Kovind</title>
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				<updated>2019-02-20T09:44:34Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: /* Ram NathKovind, the 14th President of India */&lt;/p&gt;
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[[Category:India |K ]]&lt;br /&gt;
[[Category:Politics |K]]&lt;br /&gt;
&lt;br /&gt;
=Brief biography=&lt;br /&gt;
[http://timesofindia.indiatimes.com/india/bihar-governor-ram-nath-kovind-10-facts-about-ndas-presidential-nominee/articleshow/59216836.cms    Bihar governor Ram Nath Kovind: 10 facts about NDA's Presidential nominee| Jun 19, 2017 | IndiaTimes/ ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: Ram Nath Kovind .jpg| Ram Nath Kovind [https://www.indiatoday.in/magazine/nation/story/20170703-ram-nath-kovind-president-dalit-modi-bjp-opposition-986668-2017-06-24 &amp;lt;br/&amp;gt;“India Today”]|frame|500px]] &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Here are ten facts about the Dalit leader:&lt;br /&gt;
&lt;br /&gt;
1. Kovind was born October 1, 1945 at Kanpur Dehat in Uttar Pradesh.&lt;br /&gt;
&lt;br /&gt;
2. He has Bachelor's degrees in Commerce and Law, both from Kanpur University.&lt;br /&gt;
&lt;br /&gt;
3. The Dalit leader became a Rajya Sabha MP in April 1994 from Uttar Pradesh and served for two consecutive terms for 12 years until March 2006.&lt;br /&gt;
&lt;br /&gt;
4. Kovind is an advocate by profession. He was a central government advocate in the Delhi high court from 1977 to 1979, and Central Government Standing Counsel in the Supreme Court from 1980 to 1993. He became the Advocate-on-Record of the Supreme Court in 1978. He practised in the Delhi high court and the Supreme Court for 16 years until 1993. He enrolled as an Advocate in 1971 with the Bar Council of Delhi.&lt;br /&gt;
&lt;br /&gt;
5. Kovind has served as member on several important Parliamentary Committees. They include: Parliamentary Committee on Welfare of Scheduled Castes/Tribes, Parliamentary Committee on Home Affairs, Parliamentary Committee on Petroleum and Natural Gas, Parliamentary Committee on Social Justice and Empowerment, Parliamentary Committee on Law and Justice. He also chaired the Rajya Sabha House Committee.&lt;br /&gt;
&lt;br /&gt;
6. The Bihar governor is a former president of the BJP Dalit Morcha (1998-2002) and President of the All-India Koli Samaj. He has also served as national spokesperson of the party.&lt;br /&gt;
&lt;br /&gt;
7. Kovind has served as a board member at Dr. B.R Ambedkar University in Lucknow and the Indian Institute of Management in Kolkata.&lt;br /&gt;
&lt;br /&gt;
8. He has represented India in the United Nations and addressed the United Nations General Assembly in October, 2002.&lt;br /&gt;
&lt;br /&gt;
9. Kovind is married and has a son and a daughter.&lt;br /&gt;
&lt;br /&gt;
10. On August 8, 2015, Kovind was appointed governor of Bihar.&lt;br /&gt;
&lt;br /&gt;
=Ram NathKovind, the 14th President of India=&lt;br /&gt;
&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=THE-14TH-PRESIDENT-21072017016058 THE 14TH PRESIDENT|Jul 21 2017 : The Times of India (Delhi)]&lt;br /&gt;
[[File:ram 2.png|Ram NathKovind, the 14th President of India.jpg| Ram NathKovind, the 14th President of India&amp;lt;br/&amp;gt;From [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=THE-14TH-PRESIDENT-21072017016058 '' The Times of India ''] |frame|500px]]&lt;br /&gt;
[[File:ram1.png|Ram NathKovind, the 14th President of India.jpg| Ram NathKovind, the 14th President of India&amp;lt;br/&amp;gt;From [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=THE-14TH-PRESIDENT-21072017016058 '' The Times of India ''] |frame|500px]]&lt;br /&gt;
[[File: What made him special .jpg| What made him special https://www.indiatoday.in/magazine/nation/story/20170703-ram-nath-kovind-president-dalit-modi-bjp-opposition-986668-2017-06-24 .&amp;lt;br/&amp;gt;“India Today”|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
=Career=&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=A-lawyer-who-cracked-civils-but-lost-2-20062017012004    A lawyer who cracked civils but lost 2 elections |Jun 20 2017 : The Times of India (Delhi)]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
His appointment as Bihar governor two years ago was as surprising as his selection as the next `probable' President. That's probably because he was not very well known in political circles. But Ram Nath Kovind was one of the first lot of Dalit leaders to join the saffron party.&lt;br /&gt;
&lt;br /&gt;
He was the central government's advocate in the Supreme Court during the Janata Party government and finally joined BJP in 1991 after 16 years of practice. From there to the Raj Bhawan of Bihar and now a likely journey to Rashtrapati Bhawan -it has been a story of dedication and tireless work for the organisation. He even donated his ancestral house in Paraunkh village in Derapur to the R S S. Kovind was a BJP Rajya Sabha member for two consecutive terms from 1994 to 2006.&lt;br /&gt;
&lt;br /&gt;
In between, he was also the BJP Dalit Morcha president between 1998 and 2002.He served as the national spokesperson for the party and also on several impor tant Parliamentary Committees. After pursuing degrees in commerce and law from Kanpur University , he started preparing for the civil services in Delhi. He cracked the examination in 1975 but didn't join as he was selected for the allied services.&lt;br /&gt;
&lt;br /&gt;
After that, he started full-time practice in Delhi high court and the Supreme Court and came in contact with political leaders. He also served as the personal assistant of Morarji Desai in 1977-78 when he was Prime Minister.&lt;br /&gt;
&lt;br /&gt;
Just after he joined BJP, the party fielded him from Ghatampur in UP but he lost. His next attempt at electoral politics was in 2007, when he was fielded from the Bhognipur assembly constituency in UP. He lost again. But the party did recognise Kovind's organisational and administrative skills. Perhaps it was because of his administrative skills that he hardly had any confrontation with Bihar chief minister Nitish Kumar, who had said he had not been consulted before Kovind's appointment as Bihar governor.&lt;br /&gt;
&lt;br /&gt;
His political journey was mainly centred around the rights and uplift of the weaker sections of the society. Apart from being the chief of the BJP's SCST wing, Kovind had joined the SCST employees' movement against the central government in 1997 to protest against some government orders. Later, the orders were termed null and void by the passage of three amendments to the Constitution during the first NDA regime. In Bihar, he was widely acclaimed for constituting a judicial commission to check irregularities in promotion of undeserving teachers, bungling of funds and appointment of undeserving candidates in universities.&lt;br /&gt;
==Mentored by Kalyan Singh==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=A-product-of-Kalyan-Singh-lab-24062017008005   Subhash Mishra| A product of Kalyan Singh lab| Jun 24 2017 | The Times of India (Delhi)]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Ram Nath Kovind, the NDA presidential candidate, was a product of former Uttar Pradesh chief minister Kalyan Singh's initiative to expand the BJP's base by promoting leaders from the marginalised sections of society.&lt;br /&gt;
&lt;br /&gt;
Before joining BJP in 1990, Kovind practised law and did social work. He worked with first non-Congress PM Morarji Desai, and during that time he met the then foreign minister and Jan Sangh leader Atal Bihari Vajpayee.&lt;br /&gt;
&lt;br /&gt;
After he failed to win his first election on a BJP ticket in 1991, Kovind met Kalyan, who was then the most prominent leader of the saffron party and chief minister of UP. At that time, Kalyan was trying to expand the party's base beyond Brahmins and banias, and was trying to bring marginalised sections, most backwards and Dalits, into BJP.That's why the UP BJP of early 90s is called the “caste laboratory of Kalyan Singh“ which produced leaders like Om Prakash Singh, Ram Prasad Kamal and Hari Narain Rajbhar from the marginalised sections and succeeded in dispelling the notion that the party was a “Brahmin­Bania“ party .&lt;br /&gt;
&lt;br /&gt;
In order to expand the party's base, Kalyan took BJP in rural areas, among farmers, backwards, most backwards and the dalits. Sources said when Kovind met Kalyan, he told him that “you are not the UP assembly material and you rather deserve a Rajya Sabha seat“. And Kalyan sent Kovind to the RS in 1994. He was re-nominated in 2000 and remained in the Upper House for 12 years, though he never won an election.&lt;br /&gt;
&lt;br /&gt;
=Presidency=&lt;br /&gt;
==2017-18==&lt;br /&gt;
[[File: President Ram Nath Kovind contributions as President, 2017-18.jpg| President Ram Nath Kovind contributions as President, 2017-18 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F07%2F26&amp;amp;entity=Ar01719&amp;amp;sk=B19101FA&amp;amp;mode=text  July 26, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
''' See graphic '''&lt;br /&gt;
&lt;br /&gt;
'' President Ram Nath Kovind contributions as President, 2017-18 ''&lt;br /&gt;
&lt;br /&gt;
=Political ideology: Quotas for SC/ ST/ OBC=&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Oppn-to-attack-Kovinds-commitment-to-quotas-24062017008015    Subodh Ghildiyal|  Oppn to attack Kovind's commitment to quotas | Jun 24 2017 | The Times of India (Delhi)]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
In a speech on December 17, 2004, Kovind had said reservations over 50-odd years had led to bitterness between reserved castes (SCsSTs OBCs) and general castes, and “both are justified“. He said SCsSTs were concerned that their share of 22.5% in jobs was not filled in decades as the administration of quotas was in the hands of non-reserved castes. On the other hand, he said the non-reserved castes were “also justified in saying how will reservation, which was to last only 10 or 20 years, continue“?&lt;br /&gt;
&lt;br /&gt;
“If you see it from their perspective, they are justified. They must be thinking... if they (SCs STs) have suffered injustice for centuries, will reservation also continue for centuries. I think both sections of society are justified in their argument.But there is a communication gap. It will be good...if they all sit across the table and find out an amicable solution. After all, you cannot carry on with reservation for years. If you do, it will lead to bitterness in society . But it is also correct if (SCsSTs) don't get reservation and don't attain equality , then what is the use of reservations? This is a ticklish question,“ he had said.&lt;br /&gt;
&lt;br /&gt;
Among Kovind's other thoughts were introducing compulsory voting, limiting the number of parties contesting polls to three, and no recognition to post-poll alliances.&lt;br /&gt;
&lt;br /&gt;
The opposition seems to be making an issue of “pluralism“ by saying Kovind in 2010 publicly opposed SC status for Dalit converts to Christianity and Islam -as recommended by the Rangnath Misra Commission. In 2005, in RS, he sought introduction of SCST quotas in minority institutions, which are exempted.&lt;br /&gt;
&lt;br /&gt;
However, his views on Dalit converts and caste quotas in minority institutions are in line with BJP's stand and also find favour with the Dalit community. The opposition will also highlight that Kovind had testified in favour of disgraced BJP chief Bangaru Laxman who was later convicted for corruption.&lt;br /&gt;
&lt;br /&gt;
=Trivia, anecdotes=&lt;br /&gt;
== Turned back from President's Shimla home: May 2017==&lt;br /&gt;
[http://timesofindia.indiatimes.com/city/shimla/when-ram-nath-kovind-was-turned-back-from-presidents-shimla-home/articleshow/59227207.cms   Anand Bodh | When Ram Nath Kovind was turned back from President's Shimla home | Jun 20, 2017 | IndiaTimes/ ''The Times of India''] &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
On May 30, Kovind along with his family had returned from the gates of the Retreat.&lt;br /&gt;
&lt;br /&gt;
The President visits the Retreat at least once a year, his core office shifts here during the stay.&lt;br /&gt;
&lt;br /&gt;
The Retreat, located on the hilltop at Mashobra, was built in 1850 and taken over by the British viceroy in 1895.&lt;br /&gt;
 &lt;br /&gt;
&lt;br /&gt;
SHIMLA: Less than a month [before he became the BJP nominee for India’s presidential election], Bihar governor Ram Nath Kovind was not allowed to enter the Retreat, the official residence of the President of India in Shimla. Security personnel had told him that he did not have the requisite permissions from the President's office. And today, Kovind is the BJP-led NDA's nominee+ to become President of India.&lt;br /&gt;
&lt;br /&gt;
It was on May 30 2017 that Kovind along with his family had returned from the gates of the Retreat. The day also happened to be his marriage anniversary.&lt;br /&gt;
&lt;br /&gt;
Kovind had reached Shimla on May 28 and had stayed at the Raj Bhawan as Himachal Pradesh governor Acharya Devvrat is his good friend and both were appointed as governors on the same day. He was there for Devvrat's marriage anniversary on May 29 and Kovind had brought him box of mangoes from Bihar as gift.&lt;br /&gt;
&lt;br /&gt;
The next day, Kovind celebrated his own marriage anniversary. As Kovind did not know what places to visit during his stay, professor Shashikant Sharma, advisor to Himachal Pradesh governor had suggested that he visit the Siog reserve forest and had also told him about the Retreat.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;I had asked him to visit Siog forest area thinking he would not have the time to visit the Retreat but later he went there on his own only to return from the gates,&amp;quot; Sharma said. He said that the security personnel could not have known that the person they denied entry to now has the distinct possibility of returning to the same Retreat as the President of India.&lt;br /&gt;
&lt;br /&gt;
The Retreat, located on the hilltop at Mashobra, was built in 1850 and taken over by the British viceroy in 1895. The President visits the Retreat at least once a year and his core office shifts here during the stay. It's a wooden structure with dhajji wall (stone-inlaid quake resistant) construction.&lt;br /&gt;
&lt;br /&gt;
''' Top Comment ''' &lt;br /&gt;
&lt;br /&gt;
'' Now don't make a villain out of the Retreat security. He was rightfully doing his duty. Actually a word of praise for the security would have shown a non bias view in the article. / Rahul Barnwal ''&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/File:Ram_Nath_Kovind_.jpg</id>
		<title>File:Ram Nath Kovind .jpg</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/File:Ram_Nath_Kovind_.jpg"/>
				<updated>2019-02-20T08:05:08Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Ram_Nath_Kovind</id>
		<title>Ram Nath Kovind</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Ram_Nath_Kovind"/>
				<updated>2019-02-20T07:54:38Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: /* Brief biography */&lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;{| class=&amp;quot;wikitable&amp;quot;&lt;br /&gt;
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&amp;lt;/div&amp;gt;&lt;br /&gt;
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[[Category:India |K ]]&lt;br /&gt;
[[Category:Politics |K]]&lt;br /&gt;
&lt;br /&gt;
=Brief biography=&lt;br /&gt;
[http://timesofindia.indiatimes.com/india/bihar-governor-ram-nath-kovind-10-facts-about-ndas-presidential-nominee/articleshow/59216836.cms    Bihar governor Ram Nath Kovind: 10 facts about NDA's Presidential nominee| Jun 19, 2017 | IndiaTimes/ ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: Ram Nath Kovind .jpg| Ram Nath Kovind [https://www.indiatoday.in/magazine/nation/story/20170703-ram-nath-kovind-president-dalit-modi-bjp-opposition-986668-2017-06-24 &amp;lt;br/&amp;gt;“India Today”]|frame|500px]] &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Here are ten facts about the Dalit leader:&lt;br /&gt;
&lt;br /&gt;
1. Kovind was born October 1, 1945 at Kanpur Dehat in Uttar Pradesh.&lt;br /&gt;
&lt;br /&gt;
2. He has Bachelor's degrees in Commerce and Law, both from Kanpur University.&lt;br /&gt;
&lt;br /&gt;
3. The Dalit leader became a Rajya Sabha MP in April 1994 from Uttar Pradesh and served for two consecutive terms for 12 years until March 2006.&lt;br /&gt;
&lt;br /&gt;
4. Kovind is an advocate by profession. He was a central government advocate in the Delhi high court from 1977 to 1979, and Central Government Standing Counsel in the Supreme Court from 1980 to 1993. He became the Advocate-on-Record of the Supreme Court in 1978. He practised in the Delhi high court and the Supreme Court for 16 years until 1993. He enrolled as an Advocate in 1971 with the Bar Council of Delhi.&lt;br /&gt;
&lt;br /&gt;
5. Kovind has served as member on several important Parliamentary Committees. They include: Parliamentary Committee on Welfare of Scheduled Castes/Tribes, Parliamentary Committee on Home Affairs, Parliamentary Committee on Petroleum and Natural Gas, Parliamentary Committee on Social Justice and Empowerment, Parliamentary Committee on Law and Justice. He also chaired the Rajya Sabha House Committee.&lt;br /&gt;
&lt;br /&gt;
6. The Bihar governor is a former president of the BJP Dalit Morcha (1998-2002) and President of the All-India Koli Samaj. He has also served as national spokesperson of the party.&lt;br /&gt;
&lt;br /&gt;
7. Kovind has served as a board member at Dr. B.R Ambedkar University in Lucknow and the Indian Institute of Management in Kolkata.&lt;br /&gt;
&lt;br /&gt;
8. He has represented India in the United Nations and addressed the United Nations General Assembly in October, 2002.&lt;br /&gt;
&lt;br /&gt;
9. Kovind is married and has a son and a daughter.&lt;br /&gt;
&lt;br /&gt;
10. On August 8, 2015, Kovind was appointed governor of Bihar.&lt;br /&gt;
&lt;br /&gt;
=Ram NathKovind, the 14th President of India=&lt;br /&gt;
&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=THE-14TH-PRESIDENT-21072017016058 THE 14TH PRESIDENT|Jul 21 2017 : The Times of India (Delhi)]&lt;br /&gt;
[[File:ram 2.png|Ram NathKovind, the 14th President of India.jpg| Ram NathKovind, the 14th President of India&amp;lt;br/&amp;gt;From [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=THE-14TH-PRESIDENT-21072017016058 '' The Times of India ''] |frame|500px]]&lt;br /&gt;
[[File:ram1.png|Ram NathKovind, the 14th President of India.jpg| Ram NathKovind, the 14th President of India&amp;lt;br/&amp;gt;From [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=THE-14TH-PRESIDENT-21072017016058 '' The Times of India ''] |frame|500px]]&lt;br /&gt;
&lt;br /&gt;
=Career=&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=A-lawyer-who-cracked-civils-but-lost-2-20062017012004    A lawyer who cracked civils but lost 2 elections |Jun 20 2017 : The Times of India (Delhi)]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
His appointment as Bihar governor two years ago was as surprising as his selection as the next `probable' President. That's probably because he was not very well known in political circles. But Ram Nath Kovind was one of the first lot of Dalit leaders to join the saffron party.&lt;br /&gt;
&lt;br /&gt;
He was the central government's advocate in the Supreme Court during the Janata Party government and finally joined BJP in 1991 after 16 years of practice. From there to the Raj Bhawan of Bihar and now a likely journey to Rashtrapati Bhawan -it has been a story of dedication and tireless work for the organisation. He even donated his ancestral house in Paraunkh village in Derapur to the R S S. Kovind was a BJP Rajya Sabha member for two consecutive terms from 1994 to 2006.&lt;br /&gt;
&lt;br /&gt;
In between, he was also the BJP Dalit Morcha president between 1998 and 2002.He served as the national spokesperson for the party and also on several impor tant Parliamentary Committees. After pursuing degrees in commerce and law from Kanpur University , he started preparing for the civil services in Delhi. He cracked the examination in 1975 but didn't join as he was selected for the allied services.&lt;br /&gt;
&lt;br /&gt;
After that, he started full-time practice in Delhi high court and the Supreme Court and came in contact with political leaders. He also served as the personal assistant of Morarji Desai in 1977-78 when he was Prime Minister.&lt;br /&gt;
&lt;br /&gt;
Just after he joined BJP, the party fielded him from Ghatampur in UP but he lost. His next attempt at electoral politics was in 2007, when he was fielded from the Bhognipur assembly constituency in UP. He lost again. But the party did recognise Kovind's organisational and administrative skills. Perhaps it was because of his administrative skills that he hardly had any confrontation with Bihar chief minister Nitish Kumar, who had said he had not been consulted before Kovind's appointment as Bihar governor.&lt;br /&gt;
&lt;br /&gt;
His political journey was mainly centred around the rights and uplift of the weaker sections of the society. Apart from being the chief of the BJP's SCST wing, Kovind had joined the SCST employees' movement against the central government in 1997 to protest against some government orders. Later, the orders were termed null and void by the passage of three amendments to the Constitution during the first NDA regime. In Bihar, he was widely acclaimed for constituting a judicial commission to check irregularities in promotion of undeserving teachers, bungling of funds and appointment of undeserving candidates in universities.&lt;br /&gt;
==Mentored by Kalyan Singh==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=A-product-of-Kalyan-Singh-lab-24062017008005   Subhash Mishra| A product of Kalyan Singh lab| Jun 24 2017 | The Times of India (Delhi)]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Ram Nath Kovind, the NDA presidential candidate, was a product of former Uttar Pradesh chief minister Kalyan Singh's initiative to expand the BJP's base by promoting leaders from the marginalised sections of society.&lt;br /&gt;
&lt;br /&gt;
Before joining BJP in 1990, Kovind practised law and did social work. He worked with first non-Congress PM Morarji Desai, and during that time he met the then foreign minister and Jan Sangh leader Atal Bihari Vajpayee.&lt;br /&gt;
&lt;br /&gt;
After he failed to win his first election on a BJP ticket in 1991, Kovind met Kalyan, who was then the most prominent leader of the saffron party and chief minister of UP. At that time, Kalyan was trying to expand the party's base beyond Brahmins and banias, and was trying to bring marginalised sections, most backwards and Dalits, into BJP.That's why the UP BJP of early 90s is called the “caste laboratory of Kalyan Singh“ which produced leaders like Om Prakash Singh, Ram Prasad Kamal and Hari Narain Rajbhar from the marginalised sections and succeeded in dispelling the notion that the party was a “Brahmin­Bania“ party .&lt;br /&gt;
&lt;br /&gt;
In order to expand the party's base, Kalyan took BJP in rural areas, among farmers, backwards, most backwards and the dalits. Sources said when Kovind met Kalyan, he told him that “you are not the UP assembly material and you rather deserve a Rajya Sabha seat“. And Kalyan sent Kovind to the RS in 1994. He was re-nominated in 2000 and remained in the Upper House for 12 years, though he never won an election.&lt;br /&gt;
&lt;br /&gt;
=Presidency=&lt;br /&gt;
==2017-18==&lt;br /&gt;
[[File: President Ram Nath Kovind contributions as President, 2017-18.jpg| President Ram Nath Kovind contributions as President, 2017-18 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F07%2F26&amp;amp;entity=Ar01719&amp;amp;sk=B19101FA&amp;amp;mode=text  July 26, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
''' See graphic '''&lt;br /&gt;
&lt;br /&gt;
'' President Ram Nath Kovind contributions as President, 2017-18 ''&lt;br /&gt;
&lt;br /&gt;
=Political ideology: Quotas for SC/ ST/ OBC=&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Oppn-to-attack-Kovinds-commitment-to-quotas-24062017008015    Subodh Ghildiyal|  Oppn to attack Kovind's commitment to quotas | Jun 24 2017 | The Times of India (Delhi)]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
In a speech on December 17, 2004, Kovind had said reservations over 50-odd years had led to bitterness between reserved castes (SCsSTs OBCs) and general castes, and “both are justified“. He said SCsSTs were concerned that their share of 22.5% in jobs was not filled in decades as the administration of quotas was in the hands of non-reserved castes. On the other hand, he said the non-reserved castes were “also justified in saying how will reservation, which was to last only 10 or 20 years, continue“?&lt;br /&gt;
&lt;br /&gt;
“If you see it from their perspective, they are justified. They must be thinking... if they (SCs STs) have suffered injustice for centuries, will reservation also continue for centuries. I think both sections of society are justified in their argument.But there is a communication gap. It will be good...if they all sit across the table and find out an amicable solution. After all, you cannot carry on with reservation for years. If you do, it will lead to bitterness in society . But it is also correct if (SCsSTs) don't get reservation and don't attain equality , then what is the use of reservations? This is a ticklish question,“ he had said.&lt;br /&gt;
&lt;br /&gt;
Among Kovind's other thoughts were introducing compulsory voting, limiting the number of parties contesting polls to three, and no recognition to post-poll alliances.&lt;br /&gt;
&lt;br /&gt;
The opposition seems to be making an issue of “pluralism“ by saying Kovind in 2010 publicly opposed SC status for Dalit converts to Christianity and Islam -as recommended by the Rangnath Misra Commission. In 2005, in RS, he sought introduction of SCST quotas in minority institutions, which are exempted.&lt;br /&gt;
&lt;br /&gt;
However, his views on Dalit converts and caste quotas in minority institutions are in line with BJP's stand and also find favour with the Dalit community. The opposition will also highlight that Kovind had testified in favour of disgraced BJP chief Bangaru Laxman who was later convicted for corruption.&lt;br /&gt;
&lt;br /&gt;
=Trivia, anecdotes=&lt;br /&gt;
== Turned back from President's Shimla home: May 2017==&lt;br /&gt;
[http://timesofindia.indiatimes.com/city/shimla/when-ram-nath-kovind-was-turned-back-from-presidents-shimla-home/articleshow/59227207.cms   Anand Bodh | When Ram Nath Kovind was turned back from President's Shimla home | Jun 20, 2017 | IndiaTimes/ ''The Times of India''] &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
On May 30, Kovind along with his family had returned from the gates of the Retreat.&lt;br /&gt;
&lt;br /&gt;
The President visits the Retreat at least once a year, his core office shifts here during the stay.&lt;br /&gt;
&lt;br /&gt;
The Retreat, located on the hilltop at Mashobra, was built in 1850 and taken over by the British viceroy in 1895.&lt;br /&gt;
 &lt;br /&gt;
&lt;br /&gt;
SHIMLA: Less than a month [before he became the BJP nominee for India’s presidential election], Bihar governor Ram Nath Kovind was not allowed to enter the Retreat, the official residence of the President of India in Shimla. Security personnel had told him that he did not have the requisite permissions from the President's office. And today, Kovind is the BJP-led NDA's nominee+ to become President of India.&lt;br /&gt;
&lt;br /&gt;
It was on May 30 2017 that Kovind along with his family had returned from the gates of the Retreat. The day also happened to be his marriage anniversary.&lt;br /&gt;
&lt;br /&gt;
Kovind had reached Shimla on May 28 and had stayed at the Raj Bhawan as Himachal Pradesh governor Acharya Devvrat is his good friend and both were appointed as governors on the same day. He was there for Devvrat's marriage anniversary on May 29 and Kovind had brought him box of mangoes from Bihar as gift.&lt;br /&gt;
&lt;br /&gt;
The next day, Kovind celebrated his own marriage anniversary. As Kovind did not know what places to visit during his stay, professor Shashikant Sharma, advisor to Himachal Pradesh governor had suggested that he visit the Siog reserve forest and had also told him about the Retreat.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;I had asked him to visit Siog forest area thinking he would not have the time to visit the Retreat but later he went there on his own only to return from the gates,&amp;quot; Sharma said. He said that the security personnel could not have known that the person they denied entry to now has the distinct possibility of returning to the same Retreat as the President of India.&lt;br /&gt;
&lt;br /&gt;
The Retreat, located on the hilltop at Mashobra, was built in 1850 and taken over by the British viceroy in 1895. The President visits the Retreat at least once a year and his core office shifts here during the stay. It's a wooden structure with dhajji wall (stone-inlaid quake resistant) construction.&lt;br /&gt;
&lt;br /&gt;
''' Top Comment ''' &lt;br /&gt;
&lt;br /&gt;
'' Now don't make a villain out of the Retreat security. He was rightfully doing his duty. Actually a word of praise for the security would have shown a non bias view in the article. / Rahul Barnwal ''&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/The_Gorkhaland_movement</id>
		<title>The Gorkhaland movement</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/The_Gorkhaland_movement"/>
				<updated>2019-02-20T04:42:27Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: /* Mamta Banerjee vs Bimal Gurung */&lt;/p&gt;
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{| class=&amp;quot;wikitable&amp;quot;&lt;br /&gt;
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|colspan=&amp;quot;0&amp;quot;|&amp;lt;div style=&amp;quot;font-size:100%&amp;quot;&amp;gt;&lt;br /&gt;
This is a collection of articles archived for the excellence of their content.&amp;lt;br/&amp;gt;&lt;br /&gt;
Additional information may please be sent as messages to the Facebook &amp;lt;br/&amp;gt;community, [http://www.facebook.com/Indpaedia Indpaedia.com]. All information used will be gratefully &amp;lt;br/&amp;gt;acknowledged in your name. &lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
[[Category: India|G ]]&lt;br /&gt;
[[Category:Politics |G]]&lt;br /&gt;
[[Category:History |G]]&lt;br /&gt;
&lt;br /&gt;
=The background=&lt;br /&gt;
[http://indianexpress.com/article/research/mamata-banerjee-darjeeling-violence-tracing-the-history-of-gorkhaland-movement-another-crisis-triggered-by-language/     Arnab Mitra | Tracing the history of Gorkhaland movement: Another crisis triggered by language| June 15, 2017  | Indian Express]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
‘Gorkhaland’ consists of Nepali-speaking people of Darjeeling, Kalimpong, Kurseong and other hilly districts. The people belonging to these areas hardly have any connection with the Bengali community and are different in ethnicity, culture and language.&lt;br /&gt;
&lt;br /&gt;
The crisis in Gorkhaland has been brewing for many decades and the stems from language. Gorkhaland consists of Nepali-speaking people of Darjeeling, Kalimpong, Kurseong and other hilly districts. The people belonging to these areas hardly have any connection with the Bengali community and are different in ethnicity, culture and language.&lt;br /&gt;
&lt;br /&gt;
As per Michael Hutt’s book on the Nepali Diaspora- Being Nepali without Nepal: Reflections on a South Asian Diaspora, in the 1951 census the then District Census Officer A. Mitra mentioned that only 19.96 per cent of the population (numbering a total population 88,958) in Darjeeling district spoke Nepali. However, his data did not represent the actual population of Nepali speaking people which were 66 per cent at that time, as mentioned by Hutt in his book. On the basis of this data, the Indian government after Independence overlooked Nepali as one of the national languages of India. However, in 1961, the West Bengal government recognised Nepali as an official language, and Nepali was granted as the official language of India in 1992 under the VIIIth scheduled of Indian constitution.&lt;br /&gt;
=1780- 2013: History of Gorkhaland movement=&lt;br /&gt;
''' A look back ''' &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
In 1780, the Gorkhas captured Sikkim and most part of North Eastern states that includes Darjeeling, Siliguri, Simla, Nainital, Garhwal hills, Kumaon and Sutlej, that is, the entire region from Teesta to Sutlej. After 35 years of rule, the Gorkhas surrendered the territory to British in the Treaty of Segoulee in 1816, after they lost the Anglo-Nepal war.&lt;br /&gt;
&lt;br /&gt;
However, though British handed over Darjeeling to Sikkim, it was taken back for political reasons in 1835. Before 1905, when Viceroy of India, Lord Curzon directed the partition of Bengal, Darjeeling was a part of Rajshahi division, which now falls in Bangladesh. For a short period from 1905-1912, it was even a part of Bhagalpur division.&lt;br /&gt;
&lt;br /&gt;
Darjeeling crisis, Mamata Banerjee, Darjeeling violence, GJP, Bimal Gurung, Darjeeling unrest, Mamata Banerjee making Bengali compulsory, Bengal compulsory, language crisis in Darjeeling, Gorkhaland movement, Gorkhaland, Bengal news, Darjeeling news, Indian Express In 1780, the Gorkhas captured Sikkim and most part of North Eastern states that includes Darjeeling, Siliguri, Simla, Nainital, Garhwal hills, Kumaon and Sutlej, that is, the entire region from Teesta to Sutlej. (Wikimedia Commons)&lt;br /&gt;
&lt;br /&gt;
Here is a timeline of the Gorkhaland crisis&lt;br /&gt;
&lt;br /&gt;
1907- The first demand for Gorkhaland is submitted to Morley-Minto Reforms panel. After that on several occasions demands were made to the British government and then government of Independent India for separation from Bengal.&lt;br /&gt;
&lt;br /&gt;
1952- The All India Gorkha League submits a memorandum to then Prime Minister Jawaharlal Nehru demanding separation from the state of Bengal.&lt;br /&gt;
&lt;br /&gt;
1955- Daulat Das Bokhim, the President of District Shamik Sangh submits a memorandum to the chairman, State Reorganisation Committee demanding the creation of separate state consisting of Darjeeling, Jalpaiguri and Cooch Behar district.&lt;br /&gt;
&lt;br /&gt;
1977- 81: The West Bengal government passes a unanimous resolution supporting the creation of an autonomous district council consisting Darjeeling and related areas. The bill is forwarded to Central Government for consideration of this matter. In 1981, the then Prime Minister Indira Gandhi receives a memorandum from Pranta Parishad, demanding a separate state.&lt;br /&gt;
&lt;br /&gt;
1980-90: The demand for Gorkhaland was intensified in the 1980s under the leadership of Gorkha National Liberation Front supremo Subhas Ghising. The movement turns violent during the period of 1986-88, and around 1,200 people are killed. After a two-year long protest, the Darjeeling Gorkha Hill Council (DGHC) is finally formed in 1988.&lt;br /&gt;
&lt;br /&gt;
2007- At the last phase of left front’s regime, the mass movement for Gorkhaland takes place under the leadership of Gorkha Janmurti Morcha (GJM) supremo Bimal Gurung. The 2007 Gorkha uprising intensifies, following the 2005 Centre and state government initiative for a permanent solution of this region by bringing it to the sixth schedule of the constitution giving some degree of autonomy to a predominantly tribal area. But the Gorkhas opposed this sixth schedule and demand statehood gains pace. The four-year long movement comes to an end after new CM Mamata Banerjee’s declaration of Gorkhaland Territorial Administration (GTA) and Gurung is made its leader.&lt;br /&gt;
&lt;br /&gt;
With the formation of Telangana on July 20, 2013, the movement for Gorkhaland state again intensifies. Gurung resigns from the head of GTA, says people have lost all faith. However, in a making her stand clear, West Bengal Chief Minister Mamata Banerjee has said: “Bengal cannot suffer the pain of yet another partition.”&lt;br /&gt;
=The 2017 agitation=&lt;br /&gt;
June 2017: The West Bengal government’s decision to impose Bengali language in all the schools from Class I-IX, has sparked a violent protest on Thursday in the Gorkha-led Darjeeling. The army has had to be called in to pacify the situation in the region. The government has made special arrangements for the tourists to arrive safely in Siliguri, and from there to the state capital Kolkata. The important bus stands, railway stations and airports will remain operational, and special bus, train and flight services have been arranged for the tourists without fare.&lt;br /&gt;
&lt;br /&gt;
[[File: The Gorkhaland agitation of 2017, the impact, till 1 August.jpg| The Gorkhaland agitation of 2017, the impact, till 1 August; [http://epaperbeta.timesofindia.com/Gallery.aspx?id=02_08_2017_013_023_005&amp;amp;type=P&amp;amp;artUrl=HOW-PROTESTERS-PEOPLE-AN-UNREST-PEACEFULLY-02082017013023&amp;amp;eid=31808 The Times of India], August 2, 2017|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=FOLK-THEOREM-Didis-clever-Gorkha-gambit-has-pushed-18062017020043    ABHEEK BARMAN | FOLK THEOREM - Didi's clever Gorkha gambit has pushed BJP to the wall |Jun 18 2017 : The Times of India (Delhi)]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
(2017: In Darejeeling) Government vehicles burn, the city shuts down frequently , hotels and restaurants are closing down, tourists have been advised to leave. Police barge into homes and arrest leaders of the Gorkha Janmukti Morcha (GJM) and New Delhi has sent 1,400 paramilitary troops.&lt;br /&gt;
&lt;br /&gt;
The proximate cause of this uprising is a statement by Bengal chief minister Mamata Banerjee in May . She said that Bengali would become compulsory for all north Bengal students till Class 10. This was an affront to the overwhelmingly Nepali (or Gorkhali) speaking population of the hills. The GJM reacted by demanding full statehood for the northern hill areas of Bengal, including Terai and Dooars regions, with the capital in Darjeeling. Mamata backed down recently , saying both Nepali and Bengali could coexist.&lt;br /&gt;
&lt;br /&gt;
Language has long been a potent political weapon in India. In 1826, the British merged Assam -then, the entire northeast -with Bengal and made Bengali the official language in 1837. This triggered protests and violence, and Assamese was restored as the official language with Bengali.&lt;br /&gt;
 &lt;br /&gt;
So, the Nepali-Bengali controversy is no surprise. In 1907, the Hillmen's Association appealed to the British to set up a separate administration for the region. They claimed they had little cultural, culinary or linguistic affinity with Bengalis or British tea planters.&lt;br /&gt;
&lt;br /&gt;
Then, all was quiet till Subhash Ghising formed the Gorkha National Liberation Front (GNLF), demanding Gorkhaland, in 1986. The GNLF began the culture of violence and bandhs in the region. Jyoti Basu, then chief minister, negotiated with Ghising to create the Gorkha National Hill Council (GNHC) in 1988. This had limited powers and some autonomy .&lt;br /&gt;
&lt;br /&gt;
Soon after Mamata came to power in 2011, she made a deal with Bimal Gurung, who had broken from GNLF to form his own GJM four years earlier. The Gorkhaland Territorial Administration (GTA), with more powers than GNHC, was formed in 2012.&lt;br /&gt;
&lt;br /&gt;
So why did Mamata raise the language issue {in 2017}?&lt;br /&gt;
&lt;br /&gt;
Why did she march through the GTA speaking in Bengali? Why -when tempers were running high -did she hold a cabinet meeting in Darjeeling on June 8?&lt;br /&gt;
&lt;br /&gt;
Short answer: the Bharatiya Janata Party . Till 2009, the BJP had no presence in Bengal. But in its Lok Sabha manifesto, it promised to create smaller states, including Telangana and Gorkhaland. The GJM fell for it and made sure BJP's Jaswant Singh, from distant Rajasthan, won the Darjeeling LS seat. In 2014, GJM and other Gorkha parties again ensured a win for BJP's SS Ahluwalia. The BJP now has two LS MPs in Bengal, double the 2009 number. It is desperate to expand in Bengal, and some leaders seem to believe that north Bengal will be its gateway to the rest of the state.&lt;br /&gt;
&lt;br /&gt;
But numbers and ultimately , culture, go against this logic. Out of Bengal's 42 Lok Sabha seats, the GTA area has only four: Darjeeling, Jalpaiguri, Alipur Duar and Cooch Bihar. The other 38 are all in the plains. Open support for Gorkhaland will alienate Bengali voters, viscerally opposed to the idea of splitting the state.&lt;br /&gt;
&lt;br /&gt;
To pre-empt Bengali resentment, the Centre is sending troops to curb the Gorkha agitation. The BJP is in a bind: some believe it's best to ditch the Gorkha movement; Bimal Gurung, meanwhile, has cornered the BJP by reminding it of its Gorkhaland promise. Ahluwalia, lawmaker from Darjeeling, is all for a Gorkha state.&lt;br /&gt;
&lt;br /&gt;
Today, after decimating Left and Congress opposition, Mamata wants to uproot the BJP entirely from Bengal.It makes sense for her to force the BJP into taking a stance. If it pushes for Gorkha statehood, it will be eliminated in the rest of Bengal. If it ditches Gorkhaland, Mamata will take all credit for keeping Bengal united.&lt;br /&gt;
&lt;br /&gt;
Criticising Mamata Banerjee’s style of politics as “dictatorial” and worthy of finding a place in the Guinness Book, Gorkha Janmukti Morcha (GJM) chief Bimal Gurung on Saturday said, “With respect, I say don’t do divisive politics. Her (Banerjee’s) dictatorial politics will find a place in Guinness book.”&lt;br /&gt;
&lt;br /&gt;
== Mamta Banerjee vs Bimal Gurung ==&lt;br /&gt;
[https://www.indiatoday.in/magazine/glass-house/story/20170619-glasshouse-mamata-nitish-kumar-uma-bharti-yogi-brics-986574-2017-06-09 India Today , Electric shock “India Today” 19/6/2017]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Seems like a power battle is on between West Bengal chief minister Mamata Banerjee and Bimal Gurung's Gorkha Janmukti Morcha (GJM). As Didi took to the hills on June 5 along with her ministers, for some R&amp;amp;R and a cabinet meeting on June 8, the GJM, which runs the Gorkhaland Territorial Administration, decided to switch off power for two hours every evening during her stay. It's meant to be a lesson for the CM who wanted Bengali to be made compulsory in school curriculums. Mamata's move made the GJM see red, agitating as it is for a separate Gorkha state. The CM did retract, making the subject optional, but the damage had been done.&lt;br /&gt;
&lt;br /&gt;
== Myopic attempt to force Bengali on a large minority backfired ==&lt;br /&gt;
[https://www.indiatoday.in/magazine/up-front/story/20170703-mamata-banerjee-west-bengal-gorkhland-darjeeling-kalimpong-kurseong-jana-andolan-party-986677-2017-06-23 Prem Poddar , A storm brewing in the hills “India Today” 3/7/2017]&lt;br /&gt;
&lt;br /&gt;
The ratcheting up of moves for the upcoming municipal elections played well within the frayed fabric of our noisy polity. The Jana Andolan Party (JAP) and the Trinamool Congress (TMC) were positioning themselves, anticipating a reconfiguration to dislodge the GJM (Gorkha Janamukti Morcha), which had been enjoying the fruits of BJP outsourcing. The TMC did well at the mid-May hustings to wrench Mirik town from GJM's grip. But the GJM returned, with its wings partly clipped, in Darjeeling, Kalimpong and Kurseong.&lt;br /&gt;
&lt;br /&gt;
Mamata saw an opportunity here, and it is in this light that the 2017 flare-up ought to be seen. A myopic and majoritarian attempt at forcing the Bengali language on a large minority in Bengal backfired, leading to a violent resuscitation of the old demand for a Gorkhaland. It is reminiscent of the truculent late 1980s, when the Gorkha National Liberation Front's prime schismatic, Ghising, deployed the tactic of 'no man's land' (and 'ceded land') in a geo-strategically sensitive borderland to feed political fires. But the andolans furnished only a hill council and later in the 2000s, a territorial administration under GJM's Bimal Gurung when a state was demanded&lt;br /&gt;
&lt;br /&gt;
The Darjeeling writer I.B. Rai has anxiously evoked other divisions in his essay Pahar ra Khola (Hills and Streams): &amp;quot;When will the Nepali race [translated from jati] ever get anywhere when it has to walk the main street taking everything along with it? The path of the sub-race is our only short one, a way of quick progress. For how long will we wait together, with the future of the race our only aim?&amp;quot;&lt;br /&gt;
&lt;br /&gt;
The sandwiching of 'sub-racial' or 'tribal' groups between the upper-caste Bahuns and Chhetris and the lower-caste Matwali Jaatharu ('the drinking lot') in the Gorkha social formation has taken on a distinct political dimension lately, as these groups recognise the benefits of being officially declared scheduled tribes and have become the ready subjects of 'development boards' installed by the Bengal government under Mamata. These ethnic 'development boards', recognised through an executive fiat by the government as an alternative conduit for delivering funds, are the latest tinkerings in a long line of experiments in governance. The idea is that these boards ostensibly allow 'backward' communities to uphold their economic and social well-being. It's also a counter-insurgency strategy by the state to produce divisions amongst the Gorkhas and with the indigenous Lepchas.&lt;br /&gt;
&lt;br /&gt;
Ironically, the now compromised Subhas Ghising earlier saw profit in the inclusion of his constituents as scheduled tribes, staging spectacles of sacrifice, blood-drinking and exorcism as proof of 'primitiveness' and 'backwardness'. You could read this, as one rather generous scholar has done, as the Darjeeling communities' strategy to return the homegrown orientalist gaze of the state and its anthropologists&lt;/div&gt;</summary>
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		<title>Karnataka: political history</title>
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				<updated>2019-02-19T09:45:15Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: /* 2018: Clearance by the cabinet */&lt;/p&gt;
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[[Category:India |K ]]&lt;br /&gt;
[[Category:Karnataka |K ]]&lt;br /&gt;
[[Category:Politics |K ]]&lt;br /&gt;
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=Historical political icons=&lt;br /&gt;
[[File: Karnataka’s historical political icons.jpg|Karnataka’s historical political icons &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F05%2F16&amp;amp;entity=Ar00705&amp;amp;sk=D0A9179F&amp;amp;mode=text  Naheed Ataullah &amp;amp; Rakesh Prakash, May 16, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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'''See graphic''':&lt;br /&gt;
&lt;br /&gt;
''Karnataka’s historical political icons''&lt;br /&gt;
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=Brahmins=&lt;br /&gt;
==2019: Brahmin Development Board==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F02%2F15&amp;amp;entity=Ar01616&amp;amp;sk=E63F8710&amp;amp;mode=text  K’taka counters PM’s EWS quota with Brahmin board, February 15, 2019: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Ahead of the 2019 Lok Sabha elections, the Karnataka cabinet has decided to counter Prime Minister Narendra Modi’s 10% reservation for the upper caste poor by forming its own Brahmin Development Board in the state for the community.&lt;br /&gt;
&lt;br /&gt;
A promise made by JD(S) supremo HD Deve Gowda prior to the 2018 assembly elections, the board has come in handy for the JD(S)- Congress coalition government to woo the BJP Brahmin vote bank in the state. Brahmins make up 3% of Karnataka’s population.&lt;br /&gt;
&lt;br /&gt;
While the coalition regime has remained silent on the implementation of the 10% quota in government jobs for the economically weaker section (EWS) of the upper castes, it has said the primary intention of the state government is to provide social and economic stability to Brahmins in the state. “The government has decided to set up the Brahmin Development Board and initiate a series of schemes for providing more opportunities for the economically weaker sections of the community in education, jobs and social commitments,” rural development and panchayat raj minister Krishna Byregowda said after the cabinet meeting.&lt;br /&gt;
&lt;br /&gt;
The board will initiate schemes to provide education to the underprivileged from the community, sanction educational loans, provide healthcare assistance for those who cannot afford it and grant pensions to widows and the elderly. “The board will also undertake mass marriages and provide financial assistance to hold mass upananyanas (thread ceremonies),” he said.&lt;br /&gt;
&lt;br /&gt;
=State flag=&lt;br /&gt;
==The demand, in brief==&lt;br /&gt;
[http://indianexpress.com/article/explained/why-the-flag-of-kannada-pride-has-triggered-a-row-4756952/   Johnson T A, July 19, 2017: ''The Indian Express'']&lt;br /&gt;
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''Why the flag of Kannada pride has triggered a row''&lt;br /&gt;
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A longstanding demand by Kannada activists for an official state flag exploded into a major controversy on Tuesday, triggering allegations of subverting the Tricolour, and playing the political field ahead of Assembly elections. While Chief Minister Siddaramaiah maintained that nothing unconstitutional was afoot and dared the BJP to publicly reject the demand for an official flag for Karnataka, lost in the political noise were the realities of Kannada subnationalism, and the distinction, articulated by a Home Ministry official in New Delhi, between the “people” and the “state”. &lt;br /&gt;
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'''The background'''&lt;br /&gt;
&lt;br /&gt;
In 2014, Patil Puttappa, a 96-year-old veteran journalist and Kannada activist, and Bheemappa Gundappa, a 56-year-old RTI activist, made a demand for an official flag for Karnataka. On June 6 this year, the Kannada and Culture Department of the state government notified the setting up of a nine-member committee to examine the feasibility and legal issues around the demand. The matter had been reported in the local media at the time, but it was picked up again, and projected as an effort by Karnataka’s Congress government to subvert the national flag and the laws that allow only Jammu and Kashmir to have its own flag. Attack, counterattack BJP MP Shobha Karandlaje alleged the government was “going against the nation” by setting up the committee to look into the demand for a state flag. BJP leaders alleged that the Congress was trying to whip up Kannada pride ahead of the 2018 elections. Janata Dal (Secular) leader H D Kumaraswamy said there is no provision in the Constitution for a state flag. “The Congress government is using this issue to divert attention from some recent controversies,” he said.&lt;br /&gt;
&lt;br /&gt;
Chief Minister Siddaramaiah, who has often sided with pro-Kannada activists on issues of local pride, rejected the allegations. “We have constituted a committee to look at the issues in the creation of a state flag. Based on the recommendations of the committee we will take a decision. Karnataka already has an official state song and there is a feeling that there is nothing wrong in having a state flag,” he said. “Having a state flag will not disrupt the unity and integrity of the country and will not reduce the stature of the national flag,” the Chief Minister added. “The national flag will always fly higher that the state flag, there are no two ways about it. Most importantly, the Constitution of India does not ban such flags,” he said.&lt;br /&gt;
&lt;br /&gt;
“An attempt has been made to create a controversy. It is wrong of BJP leaders to spread misinformation. Let them state publicly that there is no need for an official flag for Karnataka. The committee has not been constituted with the Assembly elections in mind. The polls are scheduled only for May next year,” Siddaramaiah said. The committee is yet to meet to discuss the issue, said G S Siddaramayya, chairman of the Kannada Development Authority, who is part of the nine-member panel. In New Delhi, however, the leadership of Siddaramaiah’s own party betrayed nervousness at the turn of events. Sources in the Congress said the party high command felt the issue could be used by the BJP to attack it. It was “out of the question” for the Congress to accept a separate flag, a senior leader said. AICC general secretary in charge of Karnataka, K C Venugopal, said: “The Chief Minister has already given a clarification. They have not decided anything. The Culture Department of the state has set up the panel. It is not at the Chief Minister’s level. The committee will see whether the demand is admissible… legal points have to be looked into… The BJP wants to create a problem.”&lt;br /&gt;
&lt;br /&gt;
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'''A flag since the 60s'''&lt;br /&gt;
&lt;br /&gt;
Incidentally, Karnataka has had an unofficial state flag since the mid 1960s when pro-Kannada groups were agitating against the screening of non-Kannada films in the state. The red and yellow flag was created by Kannada writer and activist Ma Ramamurthy for a pro-Kannada political party called the Kannada Paksha, after he observed that many parties representing non-Kannadigas had flags of their own. This unofficial flag is flown every year on November 1, Karnataka’s foundation day, and is a common sight at public places. Pro-Kannada activists have virtually adopted the red and yellow flag as a symbol of state pride. During agitations and protests like those over the sharing of Cauvery water with Tamil Nadu, the red and yellow banner often serves as protection against attacks by mobs — and private vehicles fly the flag in an attempt at ensuring safe passage for themselves.&lt;br /&gt;
BJP flip-flop&lt;br /&gt;
&lt;br /&gt;
In 2012, Karnataka’s BJP government accorded official status to the Karnataka flag through a notification. Chief Minister D V Sadananda Gowda said in his 2012 Budget speech that it would be compulsory to hoist the state flag on government buildings, schools and colleges. However, Kannada activist Prakash Shetty went to the High Court saying that rival activist T A Narayana Gowda was misusing the state flag for personal gain. During the hearing of the case, the then Chief Justice of Karnataka High Court, Vikramajit Sen, raised questions on the legality of states having their own flags when the law permitted only the national flag to be flown officially. The government then said it would not make it mandatory to fly the state flag. Eventually, on October 4, 2012, it withdrew the notification ordering the hoisting of the Kannada flag on government offices on November 1. People and state&lt;br /&gt;
&lt;br /&gt;
In New Delhi, a Home Ministry official told reporters that “We are one nation, one flag”, but “legally, there is no provision either for providing or prohibiting a separate flag for any state”. This issue had been raised earlier too, but such a flag only represents “the people and not the state”, the official said. The Kannada flag was not raised on Republic Day or Independence Day, but on occasions like the state’s foundation day, Ministry sources noted.&lt;br /&gt;
&lt;br /&gt;
==February 2018/ Karnataka’s State Flag proposal==&lt;br /&gt;
[http://indianexpress.com/article/india/karnataka-panel-proposes-3-colour-official-state-flag-5055528/  February 8, 2018: ''The Indian Express'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
If adopted with clearance from the MHA, Karnataka will be the second state after Jammu and Kashmir to have an official state flag. Karnataka has had an unofficial state flag since the mid-1960s, used to signify local pride.&lt;br /&gt;
&lt;br /&gt;
A committee constituted last June by the Kannada and Culture department of the Karnataka government to examine the feasibility of having a separate flag for the state has submitted its report, recommending an official three-coloured flag to replace an unofficial two-coloured one currently used to signify local pride.&lt;br /&gt;
&lt;br /&gt;
Led by chairman of Kannada Development Authority G S Siddaramaya, the nine-member committee has recommended a flag with the yellow and red of the unofficial flag to be separated by white in the middle with the state symbol on it.&lt;br /&gt;
&lt;br /&gt;
Karnataka Chief Minister Siddaramaiah said the issue will be put up for consideration by the state cabinet before it is forwarded to the Union Ministry of Home Affairs (MHA) for clearance.&lt;br /&gt;
&lt;br /&gt;
The recommendation for an official flag for the state has not, however, been well-received by a few leaders of pro-Kannada groups who have built an identity by working under the banner of the unofficial red and yellow flag.&lt;br /&gt;
&lt;br /&gt;
“The colors recommended for the flag by the panel is not representative of the state. We will oppose this flag if the state government accepts the recommendation,’’ veteran pro-Kannada activist Vatal Nagaraj has stated.&lt;br /&gt;
If adopted with clearance from the MHA, Karnataka will be the second state after Jammu and Kashmir to have an official state flag.&lt;br /&gt;
&lt;br /&gt;
Karnataka has had an unofficial state flag since the mid-1960s, when pro-Kannada groups, including Nagaraj’s, were agitating against screening of non-Kannada films in the state. The red-yellow flag was created by Kannada writer and activist Ma Ramamurthy for a pro-Kannada political party called the Kannada Paksha. This unofficial flag is flown every year on November 1, Karnataka’s foundation day, and is a common sight at public spaces in the state.&lt;br /&gt;
&lt;br /&gt;
==2018: Clearance by the cabinet==&lt;br /&gt;
[https://timesofindia.indiatimes.com/city/bengaluru/karnataka-new-flag-karnataka-unveils-separate-flag-cabinet-nod-likely-today/articleshow/63215680.cms  Chethan Kumar, March 8, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
 &lt;br /&gt;
It's almost official now. The proposed yellow-white-and-red flag with the state’s symbol &amp;quot;Gandaberunda&amp;quot; at the centre was formally unveiled by Chief Minister Siddaramaiah, whose cabinet is likely to clear the proposal to have a separate flag for Karnataka later in the day.&lt;br /&gt;
&lt;br /&gt;
A nine-member committee had in February submitted a favourable report recommending such a flag for the state nearly nine months after it was constituted. TOI was the first to report that the proposed flag will be a Tricolour and that it would be of yellow, white and red colours, and the government on Wednesday confirmed the same design.&lt;br /&gt;
&lt;br /&gt;
Officials said that the committee was of the opinion that white, symbolising peace, captures Karnataka’s image best along with the two other two colours that have become synonymous with the Kannada identity.&lt;br /&gt;
&lt;br /&gt;
Another official said that the government — after the Cabinet approval — will be writing to the Ministry of Home Affairs (MHA) seeking an amendment to the Flag Code, 2002. “The government will be seeking an amendment to enable provisions of including the Karnataka flag also as one of the symbols in the Flag Code,” the official said. &lt;br /&gt;
&lt;br /&gt;
If the Centre does consider and give its nod for the said amendment, Karnataka will only be the second state in the country to have its own flag after Jammu and Kashmir, which is allowed to have a symbol under Article 370 of the Constitution.&lt;br /&gt;
&lt;br /&gt;
An MHA official from Delhi had told TOI earlier that while there is no provision allowing or disallowing such a flag, there has been no precedence.&lt;br /&gt;
&lt;br /&gt;
“I think the issue is quite serious and it will be seriously examined by the (Union) government. A thorough examination will be required to see what kind of precedent this would set. Also, nuances like what would be the protocol and code for the flag among other issues,” he had said.&lt;br /&gt;
&lt;br /&gt;
Presently, the Flag Code recognises only one flag—the Tricolour—and has rules citizens and organisations must follow to maintain its dignity. If there is an amendment made to accommodate Karnataka’s proposed flag, it will be for the first time that such a symbol has been added to the Code and may pave way for other states to also propose similar symbols in the future.&lt;br /&gt;
&lt;br /&gt;
= Seats share =&lt;br /&gt;
[https://www.indiatoday.in/magazine/nation/story/20180514-rahul-gandhi-siddaramaiah-may-12-karnataka-assembly-election-1226459-2018-05-03 Ajit Kumar Jha , Hanging in the balance “India Today” 14/5/2018]&lt;br /&gt;
&lt;br /&gt;
''' See graphic '''&lt;br /&gt;
&lt;br /&gt;
[[File: The six regions .jpg| The six regions [https://www.indiatoday.in/magazine/nation/story/20180514-rahul-gandhi-siddaramaiah-may-12-karnataka-assembly-election-1226459-2018-05-03 &amp;lt;br/&amp;gt; “India Today”]|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
=Voting pattern=&lt;br /&gt;
==1980- 2018: Voting against the national ruling party==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/karnataka-sticks-to-tradition-swims-against-national-tide/articleshow/64284381.cms  Sandeep Moudgal, May 23, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: The events of May 2018; Only 2 out of 22 Karnataka CMs have completed their term.jpg|The events of May 2018 &amp;lt;br/&amp;gt; Only 2 out of 22 Karnataka CMs have completed their term. &amp;lt;br/&amp;gt; From: [https://timesofindia.indiatimes.com/india/karnataka-sticks-to-tradition-swims-against-national-tide/articleshow/64284381.cms  Sandeep Moudgal, May 23, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
[[File:1980- 2018- Karnataka generally voted against the national ruling party.jpg|1980- 2018- Karnataka generally voted against the national ruling party &amp;lt;br/&amp;gt; From: [https://timesofindia.indiatimes.com/india/karnataka-sticks-to-tradition-swims-against-national-tide/articleshow/64284381.cms  Sandeep Moudgal, May 23, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
'''HIGHLIGHTS'''&lt;br /&gt;
&lt;br /&gt;
Karnataka is mostly ruled by a party that is in the opposition at the Centre&lt;br /&gt;
&lt;br /&gt;
This time, the BJP tried to whip up a wave in favour of their saffron party, but fell short&lt;br /&gt;
&lt;br /&gt;
The 55-hour tenure of BJP state president B S Yeddyurappa is just another aberration in Karnataka's 35-year-old record: the state is mostly ruled by a party that is in the opposition at the Centre.&lt;br /&gt;
&lt;br /&gt;
With the exit of Yeddyurappa and the imminent ascension to power of the Congress-JD(S) combine, things are back to square one. Karnataka will be ruled by a combine that is in opposition at the Centre, and the BJP, heading the ruling coalition in New Delhi, will be sitting in the opposition in Bengaluru.&lt;br /&gt;
&lt;br /&gt;
Since 1983, when Ramakrishna Hegde formed the first non-Congress government in the state, Karnataka has always proved that it swims against the national current. When Hegde's Janata Party came to power, Congress was the ruling party at the Centre.&lt;br /&gt;
&lt;br /&gt;
When the Janata Dal gave way to Congress in Vidhana Soudha in 1989, the National Front led by Janata Dal's V P Singh assumed power in New Delhi.&lt;br /&gt;
&lt;br /&gt;
The exceptions have been brief, like in 2013, when Congress chief minister Siddaramaiah was sworn in and UPA was in power, or when the United Front under H D Deve Gowda was ruling the nation, and Janata Dal's J H Patel was ruling the state.&lt;br /&gt;
&lt;br /&gt;
Perhaps the closest effort made by any party to retain power in Karnataka and Centre at the same time was by the Congress in 2004, and the BJP in 2018.&lt;br /&gt;
Congress chief minister S M Krishna, who was in power from 1999 to 2004, when the Atal Bihari Vajpayee-led NDA was ruling at the Centre, advanced elections by six months, sensing a wave in favour of the Congress at the national level. However, Krishna failed to attain a majority and a coalition government of Congress and JD(S) came to power, but did not last long.&lt;br /&gt;
&lt;br /&gt;
A similar situation appeared to be in the making this time too. The BJP's PM Narendra Modi and party national president Amit Shah tried to whip up a wave in favour of their saffron party, and repeatedly reminded the voters of the advantages of having the state ruled by the party that was in power at the Centre too.&lt;br /&gt;
&lt;br /&gt;
The party fell just short of forming a stable government. The resignation of Yeddyurappa suggested yet again that Karnataka &amp;quot;remains awake when the nation sleeps&amp;quot;, according to one political analyst.&lt;br /&gt;
&lt;br /&gt;
Interestingly, political analyst Sandeep Shastri cited the fractured mandate of 2018 as being &amp;quot;difficult to analyse&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
He said the May 12 results definitely reflected that it was anti-Congress but it was not pro-BJP, thereby making it difficult to take a stance on which way Karnataka was tilting. &amp;quot;But it certainly indicates that in the 2019 Lok Sabha elections, Karnataka will vote individuals who should be in power rather than a party,&amp;quot; he said.&lt;br /&gt;
&lt;br /&gt;
==2008, 2013, 2014: Congress vs. BJP==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/karnataka-election-2018-how-they-stack-up-for-the-big-fight/articleshow/63496759.cms  March 28, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: Congress vs. BJP in the 2008 and 2013 Assembly elections and 2014 Lok Sabha elections.jpg|Congress vs. BJP in the 2008 and 2013 Assembly elections and 2014 Lok Sabha elections &amp;lt;br/&amp;gt; From: [https://timesofindia.indiatimes.com/india/karnataka-election-2018-how-they-stack-up-for-the-big-fight/articleshow/63496759.cms  March 28, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
[[File: Strengths and weaknesses of Congress, BJP and JD(S) in Karnataka.jpg|Strengths and weaknesses of Congress, BJP and JD(S) in Karnataka &amp;lt;br/&amp;gt; From: [https://timesofindia.indiatimes.com/india/karnataka-election-2018-how-they-stack-up-for-the-big-fight/articleshow/63496759.cms  March 28, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
[[File: Seats won by the various parties in the 2008 and 2013 Assembly elections and 2014 Lok Sabha elections.jpg|Seats won by the various parties in the 2008 and 2013 Assembly elections and 2014 Lok Sabha elections &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F03%2F28&amp;amp;entity=Ar02016&amp;amp;sk=1A8D15E7&amp;amp;mode=text  March 28, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
'''HIGHLIGHTS'''&lt;br /&gt;
&lt;br /&gt;
Retaining Karnataka is crucial to Congress's claim to being the main anti-BJP force for the 2019 Lok Sabha polls.&lt;br /&gt;
&lt;br /&gt;
BJP needs a win to regain the momentum it lost after SP and BSP came together to win two prestigious UP bypolls.&lt;br /&gt;
&lt;br /&gt;
The Karnataka poll — the results of which will be announced on May 15 — is already heated with BJP and Congress keenly aware of the importance of the prize: A loss will rob Congress of one of two major states in which it is still in office while BJP needs a win to regain the momentum it lost after SP and BSP came together to win two prestigious UP bypolls despite a saffron victory in Tripura.&lt;br /&gt;
&lt;br /&gt;
==2013 (Assembly), 2014 (Parliament)==&lt;br /&gt;
[[File: The pattern of voting in Karnataka in the elections of 2013 (Assembly) and 2014 (Parliament).jpg|The pattern of voting in Karnataka in the elections of 2013 (Assembly) and 2014 (Parliament) &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F04%2F21&amp;amp;entity=Ar01910&amp;amp;sk=35CADD06&amp;amp;mode=text  April 21, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
'''See graphic''':&lt;br /&gt;
&lt;br /&gt;
''The pattern of voting in Karnataka in the elections of 2013 (Assembly) and 2014 (Parliament)''&lt;br /&gt;
&lt;br /&gt;
=Year-wise events=&lt;br /&gt;
=2018, election result=&lt;br /&gt;
==After the elections threw up no clear winner==&lt;br /&gt;
===SC holds hearing at 1.45am/ 16-17 May (2018)===&lt;br /&gt;
&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F05%2F17&amp;amp;entity=Ar00501&amp;amp;sk=677C98EE&amp;amp;mode=text  Naheed Ataullah &amp;amp; Dhananjay Mahapatra, SC holds hearing at 1.45am after Cong-JD(S) asks it to block Yeddy’s swearing-in at 9am, May 17, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
[[File: The developments of 16-17 May 2018, after the 2018 Assembly elections threw up no clear winner.jpg|The developments of 16-17 May 2018, after the 2018 Assembly elections threw up no clear winner &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F05%2F17&amp;amp;entity=Ar00501&amp;amp;sk=677C98EE&amp;amp;mode=text  Naheed Ataullah &amp;amp; Dhananjay Mahapatra, SC holds hearing at 1.45am after Cong-JD(S) asks it to block Yeddy’s swearing-in at 9am, May 17, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
'''Parties File Joint Petition After Governor Gives BJP 15 Days To Prove Majority In Assembly'''&lt;br /&gt;
&lt;br /&gt;
After another day of intense political drama in Bengaluru, the action shifted to New Delhi late Wednesday night as the Congress and JD(S) moved the Supreme Court in a bid to stop B S Yeddyurappa, leader of the 104-strong BJP in the Karnataka assembly, from being sworn in as chief minister at 9am today. The 11th-hour legal manoeuvre by the newly minted alliance came after governor Vajubhai Vala invited Yeddyurappa to take oath as CM and gave him 15 days to prove his majority, a decision that instantly triggered a raging controversy because it is seen to give the BJP ample time to entice Congress and JD (S) MLAs-elect to switch sides.&lt;br /&gt;
&lt;br /&gt;
SC officials gathered at the CJI’s residence and went through the petition. There was only one previous instance of the SC agreeing to a late night hearing — when a three-judge bench was set up to hear a plea seeking postponement of the death sentence awarded to Mumbai blasts convict Yakub Memon. One of the judges on that bench, Justice Dipak Misra, now the CJI, set up another three-judge bench of Justices A K Sikri, S A Bobde and Ashok Bhushan to consider the Congress-JD(S) petition. It was announced that the hearing would begin at 1.45am.&lt;br /&gt;
&lt;br /&gt;
The hearing was still on at the time of going to press and it was unclear whether Congress-JD(S) would get the relief they seek. Their arguments revolve around stating that BJP has presented no evidence that it can get the additional eight MLAs it needs to reach the majority mark and the invitation to Yeddyurappa would ensure horse trading.&lt;br /&gt;
&lt;br /&gt;
Congress was represented by Abhishek Manu Singhvi, BJP by former attorneygeneral Mukul Rohatgi and the Centre (read governor) by additional solicitor general Tushar Mehta.&lt;br /&gt;
&lt;br /&gt;
Rohatgi and Mehta were expected to argue that the discretion of the governor cannot be challenged and there were sufficient precedents to support his decision.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Appealed only for conscience vote: BJP'''&lt;br /&gt;
&lt;br /&gt;
In case the low-key swearingin ceremony goes ahead at Raj Bhavan, it is likely to be skipped by both Prime Minister Narendra Modi and BJP chief Amit Shah. Vala ignored the Congress-JD(S) combine’s claim that their chief ministerial nominee H D Kumaraswamy be given the first opportunity to form the government as the two parties with 116 MLAs between them enjoy a clear majority in the House, which has an effective strength of 222.&lt;br /&gt;
&lt;br /&gt;
Though the decision of the governor, who served as a minister in the BJP government in Gujarat before taking up the constitutional office, was along anticipated lines, it attracted a furious response from Congress and JD(S), which accused him of shaming the Constitution. The two parties rushed to CJI Dipak Misra in the night to secure a “stay” order. They also sought a direction from the court to the governor to invite Kumaraswamy to form the government.&lt;br /&gt;
&lt;br /&gt;
Seeking quashing of the governor’s decision, joint petitioners KPCC chief G Parmeshwara and JD(S) president Kumaraswamy said, “Failure of the governor to invite Congress-JD(S)-BSP alliance which together commands a clear majority of 116 legislators in the assembly is ex facie unconstitutional, illegal and arbitrary.”&lt;br /&gt;
&lt;br /&gt;
Besides privileging Yeddyurappa over Kumaraswamy on the ground that BJP finished as the single largest party, the governor was also attacked for giving Yeddyurappa a fortnight to secure a vote of confidence from the assembly, with Congress alleging that the window would be used to manufacture a mandate. “Fifteen days will be used to turn 104 into 111,” former finance minister P Chidambaram said.&lt;br /&gt;
&lt;br /&gt;
Earlier in the day, Kumaraswamy alleged that BJP had offered bribes of Rs 100 crore and a ministerial berth each to JD(S) MLAs to rustle up numbers. Congress also accused BJP of indulging in “horse trading” and spirited its MLAs away to a “safe house” resort in Bidadi, about 30 km south of Bengaluru, to ward off the risk of temptations trumping party loyalty. JD(S) also secured its MLAs at a five-star hotel close to Raj Bhavan.&lt;br /&gt;
&lt;br /&gt;
Independent MLA R Shankar symbolised the tussle for MLAs. The lawmaker was found at Yeddyurappa’s house in the morning. By evening, he was back with the Congress-JD(S) combine and accompanied them to Raj Bhavan. Shankar, a Kuruba like outgoing CM Siddaramaiah, later said he believed the best interests of his constituents would be served by him being with the Congress.&lt;br /&gt;
&lt;br /&gt;
BJP denied the “horse trading” charge and was upfront in acknowledging that it had appealed to MLAs of rival parties to exercise a “conscience vote” — shorthand for a call to defy whips issued by Congress and JD(S).&lt;br /&gt;
&lt;br /&gt;
According to BJP sources, they have already identified MLAs from Congress and JD (S) who can be persuaded to “heed their conscience”. The exercise is focused on Lingayat MLAs belonging to Congress and JD(S) from north Karnataka who, the calculation goes, will have trouble accepting the leadership of Kumaraswamy, a Vokkaliga, and will, instead, prefer to support Yeddyurappa since he is from their community.&lt;br /&gt;
&lt;br /&gt;
The sources admitted that organising the required numbers may not be easy, but hoped to accomplish the “challenge” because of what they called unrest among MLAs of both Congress and JD(S) over the “unnatural alliance” between the two parties.&lt;br /&gt;
&lt;br /&gt;
Congress circles asserted that they would successfully fend of BJP’s efforts to take away their MLAs. “We are vigilant and capable leaders like D K Shivakumar have been given the job to protect the flock. Also, most of our MLAs won against BJP in a bitter battle and will be loath to cross over to the rival camp,” said a senior party leader in Delhi. However, he acknowledged that half a dozen JD(S) MLAs aligned with Kumarswamy’s estranged sibling Revanna could be vulnerable to “generous” offers from BJP. Congress was also not sure whether the lone BSP MLA would be steadfast in his support to the non-BJP camp.&lt;br /&gt;
&lt;br /&gt;
==Sriramulu emerges tallest in Ballari==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F05%2F16&amp;amp;entity=Ar02402&amp;amp;sk=929B5EED&amp;amp;mode=text  Sandeep Moudgal, Sriramulu emerges tallest in Ballari, May 16, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Reddy brothers sealed a spectacular rehabilitation into BJP with four from the ‘Reddy group’ winning assembly seats. But it was Ballari MP B Sriramulu who capped his phenomenal rise by wresting Molkalmuru in Chitradurga, outside Ballari.&lt;br /&gt;
&lt;br /&gt;
Once perceived as a lackey of the Reddy brothers, the mining barons of Ballari, the rise of Sriramulu, popularly known as Ramulu, is one for the story books. In this assembly election, seven tickets were given to the Reddys, family members and friends included. Four of them lost. But G Somasekhara Reddy (Bellary City) and G Karunakara Reddy (Harapanahalli) came out victors.&lt;br /&gt;
&lt;br /&gt;
BJP went back to the Reddy brothers to help them in the assembly polls as well as the 2019 Lok Sabha election. With mining czars Anand Singh and B Nagendra, as well as the Ghorpade family, backing Congress, Reddy brothers are the sole mine runners still with BJP.&lt;br /&gt;
&lt;br /&gt;
In this context, Sriramulu was a vital bridge for BJP to maintain close ties with tainted mining baron Janardhana Reddy while publicly staying aloof. As a close aide and friend of Janaradhana Reddy, Sriramulu has become an indispensable component in BJP’s scheme to take the reins of power in Karnataka.&lt;br /&gt;
&lt;br /&gt;
The 46-year-old Sriramulu derives his strength from his Valmiki or Nayaka community (7-8 % of the state electorate) and can be the rallying force for the party considering there are no rivals to stake claim for leadership of the community.&lt;br /&gt;
&lt;br /&gt;
Asked about the likelihood of Sriramulu becoming deputy CM in the event of BJP forming the government, BJP national president Amit Shah neither confirmed nor denied it.&lt;br /&gt;
&lt;br /&gt;
==Old enemies turned political friends==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F05%2F16&amp;amp;entity=Ar02200&amp;amp;sk=E494B0B6&amp;amp;mode=text  How old enemies turn political friends, May 16, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Who said you need friends to form a government? Sworn enemies can bury the hatchet in a flash to for m a gover nment. For years, Congress’ Siddaramaiah has feuded with former Prime Minister and JD(S) leader H D Deve Gowda. But after Tuesday’s results in the Karnataka election, Siddaramaiah has had to accept Gowda’s leadership following a power-sharing deal hammered out by the two parties.&lt;br /&gt;
&lt;br /&gt;
Siddaramaiah and Gowda have a long history — the former was once Gowda’s protégé. But in 2005, Siddaramaiah walked out of JD(S) in a huff after Gowda anointed his son H D Kumaraswamy as his successor.&lt;br /&gt;
&lt;br /&gt;
It is not the first time that foes have turned friends in an effort to gain the top spot. Across the country, last-minute alliances and quick friendships have been forged to for m gover nments.&lt;br /&gt;
&lt;br /&gt;
In April 2015, for instance, when Rashtriya Janata Dal chief Lalu Prasad held the hand of Janata Dal (United) supremo Nitish Kumar and declared him chief ministerial candidate, it seemed like incredible. Onetime colleagues Lalu and Nitish had a bitter falling out and the latter had joined hands with BJP to become Bihar CM for two terms. But they did come together in 2015, only to acrimoniously part ways again.&lt;br /&gt;
&lt;br /&gt;
In Uttar Pradesh, Bahujan Samaj Party president Mayawati and Samajwadi Party chief Akhilesh Yadav struck an alliance for the Gorakhpur and Phulpur Lok Sabha byelections in March 2018, ending decades of rivalry and hostility. Mayawati, and Akhilesh’s father Mulayam Singh Yadav had a bitter row in 1995 when she decided to pull support from an SPled coalition government. SP cadres allegedly laid siege to the state guest house to thwart the withdrawal of support. As controversy erupted, the governor dismissed Mulayam and invited Mayawati to form the government.&lt;br /&gt;
&lt;br /&gt;
Further west, Maratha strongman Sharad Pawar revolted against Sonia Gandhi over her “foreign origin” and broke from Congress to form Nationalist Congress Party in May 1999.&lt;br /&gt;
&lt;br /&gt;
But, months later, in September 1999, when the Maharashtra assembly elections threw up a hung mandate, Pawar was back at the Congress’ doorstep seeking a coalition.&lt;br /&gt;
&lt;br /&gt;
The Congress-NCP combine went on to rule Maharashtra for 15 years.&lt;br /&gt;
&lt;br /&gt;
== How CJI helped Congress==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/cji-turned-tables-on-congress-by-granting-urgent-karnataka-hearing/articleshow/64264889.cms  Dhananjay Mahapatra, CJI turned tables on Congress by granting urgent Karnataka hearing, May 22, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
''' HIGHLIGHTS ''' &lt;br /&gt;
&lt;br /&gt;
The CJI urgently constituted a three-judge bench for a post-midnight hearing on the Congress-JD(S) combine’s petition which ultimately changed its political fortune	&lt;br /&gt;
&lt;br /&gt;
The SC registry cleared the petition at 11.40 pm on Wednesday and it reached CJI Misra’s residence at 12.10 am on Thursday&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Chief Justice Dipak Misra has been at the receiving end of Congress’s veiled as well as not-so-veiled attacks since January 12 when four seniormost judges of the Supreme Court , in an extraordinary step, chose to criticise the head of the judiciary. &lt;br /&gt;
&lt;br /&gt;
Congress latched on to the attack on the CJI by his colleagues and cited this to launch a drive to seek his removal. However, with the CJI swiftly responding to Congress’s plea for the top court’s intervention to stall the formation of a BJP government in Karnataka + — with many wondering whether it was his intervention that turned out to be the game changer — the opposition party’s hostility could have been neutralised to some extent. &lt;br /&gt;
&lt;br /&gt;
Discharging his role as master of roster, the CJI on Thursday urgently constituted a three-judge bench for a post-midnight hearing on the Congress-JD(S) combine’s petition which ultimately changed its political fortune. The SC registry cleared the petition at 11.40 pm on Wednesday and it reached CJI Misra’s residence at 12.10 am on Thursday. &lt;br /&gt;
&lt;br /&gt;
The registry needed the CJI’s order to choose judges and find their convenience to list the petition which, according to Congress lawyers, could not brook any delay in view of the governor calling BJP to form government in the state. &lt;br /&gt;
&lt;br /&gt;
The CJI went through the papers quickly and at 12.20 am asked registrar general Ravindra Maithani to get in touch with three judges — Justices A K Sikri, S A Bobde and Ashok Bhushan — for an urgent hearing on the petition. &lt;br /&gt;
&lt;br /&gt;
To the credit of the three judges, none of them hesitated for a postmidnight hearing in the SC. Maithani got back to the CJI with the consent of the judges that they would hear the petition at 1.45 pm. Arrangements were made to open Court No.6, ferry staff and court masters to assist the judges in the chamber and the courtroom. &lt;br /&gt;
&lt;br /&gt;
Despite arrangements being made on a war footing, the hearing could start only at 2.10 am.Registry sources said the CJI was in constant touch with the registrar general. The CJI kept awake till the hearing got underway, sources said.. He was prepared to nominate a substitute for any of the judges if situation so warranted. Had the CJI deferred hearing on the petition to Thursday, BJP would have got time to “work on” rival MLAs. &lt;br /&gt;
&lt;br /&gt;
Registry sources said even when the Congress-JD(S) petition challenging appointment of the pro tem speaker was mentioned before the CJI around 8.30 pm on Friday, he immediately ordered it placed before the same bench, which at 9.45 pm decided to hear it.&lt;br /&gt;
&lt;br /&gt;
==May 15- 18: the developments== &lt;br /&gt;
[[File: The developments between May 15 and 16- 2018.jpg| The developments between May 15 and 16- 2018 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIM%2F2018%2F05%2F19&amp;amp;entity=Ar02001&amp;amp;sk=1A1D3272&amp;amp;mode=image  May 19, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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[[File: The developments between May 17 and 18- 2018.jpg|The developments between May 17 and 18- 2018 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIM%2F2018%2F05%2F19&amp;amp;entity=Ar02001&amp;amp;sk=1A1D3272&amp;amp;mode=image  May 19, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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''' See graphics ''' : &lt;br /&gt;
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''The developments between May 15 and 16- 2018 ''&lt;br /&gt;
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''The developments between May 17 and 18- 2018 ''&lt;br /&gt;
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==Appointment of BJP MLA as pro tem speaker==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F05%2F19&amp;amp;entity=Ar00516&amp;amp;sk=416EA859&amp;amp;mode=text   Cong, JD(S) move SC again, against BJP MLA as pro tem speaker, May 19, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: K G Bopaiah.jpg|K G Bopaiah &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F05%2F19&amp;amp;entity=Ar00516&amp;amp;sk=416EA859&amp;amp;mode=text   Cong, JD(S) move SC again, against BJP MLA as pro tem speaker,  May 19, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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A fresh controversy erupted over the appointment of BJP MLA K G Bopaiah as pro tem speaker for the assembly with Congress and JD(S) claiming it went against the convention that the post should go to the seniormost member of the House — in this case, R V Deshpande of Congress.&lt;br /&gt;
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The combine approached the Supreme Court for the second time in as many days to challenge the appointment, terming it “ex facie unconstitutional and illegal”. A bench of Justices A K Sikri, S A Bobde and Ashok Bhushan will hear the plea at 10.30am on Saturday. Bopaiah was sworn in as pro tem speaker by governor Vajubhai R Vala on Friday, within hours of the SC passing an interim order that a pro tem speaker should preside over the trust vote.&lt;br /&gt;
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The opposition parties allege that Bopaiah was picked because of his antecedents in handling trust votes in a controversial manner. They said Bopaiah had been hauled up by the SC for irregularly disqualifying MLAs during B S Yeddyurappa’s earlier stint as CM. BJP, however, defended the appointment with Union minister Prakash Javadekar tweeting, “K G Bopaiah was appointed pro tem speaker even in 2008 by the then governor. That time Bopaiah was 10 years younger than what he is today. The Congress is thus raising hoax objection. The appointment of Bopaiah Ji is as per rules and regulations.”&lt;br /&gt;
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The five-term MLA representing Virajpet in Madikeri district will administer oath to 220 newly elected MLAs (JD-S leader H D Kumaraswamy has been elected from two seats and will have to vacate one of them).&lt;br /&gt;
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Subsequently, he will conduct the trust vote to be moved by CM B S Yeddyurappa. This is perhaps the first time in Karnataka’s legislative history that a pro tem speaker will oversee a trust vote.&lt;br /&gt;
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''' Statute mum on pro tem speaker pick ''' &lt;br /&gt;
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At the meeting held with Congress leaders, 77 of the 78 MLAs were present, indicating no break in their ranks, for now. The lawmakers are expected back in the state capital by early next morning.&lt;br /&gt;
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The BJP also herded its MLAs into Shangri-la hotel in Bengaluru, the same one used by JD(S) earlier in the week for its MLAs. All, including city MLAs, are expected to be there tonight.&lt;br /&gt;
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As on the previous two days, rumour mills were abuzz through the day: about Lingayat MLAs of the JD(S)- Congress alliance being in touch with the BJP, and Vokkaliga MLAs in the saffron party cozying up to the combine owing to caste sentiments. The parties rubbished such reports.&lt;br /&gt;
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The Constitution is silent on who should be appointed the pro tem speaker, though the honour of administering oath to newly-elected MLAs, by convention, goes to the seniormost member of the House. Congress instantly screamed foul, saying the responsibility should have been assigned to R V Deshpande, its veteran MLA who won his eighth term.&lt;br /&gt;
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The Congress-JD(S) combine moved the SC again, this time expressing fear that Bopaiah might disqualify its members, and sought a directive to the pro tem speaker not to “take up any agenda other than administration of oath and the floor test”.&lt;br /&gt;
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Union minister Prakash Javadekar refuted the ‘seniority’ convention and pointed out that Bopaiah had been made pro tem speaker by the then governor in 2008 when he was 10 years younger.&lt;br /&gt;
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Importantly, through its latest petition, which the SC will hear at 10.30am on Saturday, Congress renewed its demand for segregating MLAs supporting and opposing the trust motion in different lobbies. The court had not heeded the demand when it was raised in the morning, and had said the matter should be left to the pro tem speaker. The reiteration of the plea brought out Congress’s fear of defections, although it claimed that except for Anand Singh, all its MLAs had been accounted for.&lt;br /&gt;
This will be the third floor test that Yeddyurappa will face. In 2007, he resigned ahead of the floor test after JD(S) leadership refused to extend support to his government and in 2011, he comfortably won.&lt;br /&gt;
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Yeddyurappa exuded confidence, saying he would win the floor test easily and insisted that many Congress-JD(S) MLAs would vote in his favour. “We welcome the Supreme Court ruling... we have already got support of 120 MLAs including 16 from Congress and JD(S) camps and are confident of proving our majority,” Yeddyurappa’s close aide and Udupi-Chikkamagalur MP Shobha Karandlaje said.&lt;br /&gt;
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There was further drama when Congress released an audio recording of a conversation allegedly between discredited mining baron G Janardhana Reddy and Congress MLA from Raichur Rural (ST) constituency Basannagouda Daddal, in which the former was allegedly heard offering the latter a ministerial post and other inducements and giving examples of two others in the past who he had brought to BJP and helped thrive.&lt;br /&gt;
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==Deve Gowda, Kharge return to centre stage==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F07%2F02&amp;amp;entity=Ar01222&amp;amp;sk=172079E4&amp;amp;mode=text  Subodh Ghildiyal, Turn of events brings 2 veteran Kannadiga leaders into focus, July 2, 2018: ''The Times of India'']&lt;br /&gt;
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This week, two Kannadiga veterans have returned from the sidelines to bask in the glory that was considered past them.&lt;br /&gt;
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Mallikarjun Kharge, the Congress face from Karnataka, and former PM H D Deve Gowda of JD (S), are being talked about in political circles after their promotion on the national stage.&lt;br /&gt;
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22 years after the “fumble harmer” became the prime minister, and following many years of diminishing profile that was viewed as his fading away, Gowda is suddenly back to holding forth on national politics — he is speaking about the dynamics of ‘grand opposition alliance” for 2019.&lt;br /&gt;
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The rejuvenation of the fading patriarch stems from his son HD Kumaraswamy’s unlikely ascension to chief ministership of Karnataka.&lt;br /&gt;
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Gowda turned Kumaraswamy’s swearing-in into an opposition jamboree, with anti-BJP satraps from Mamata Banerjee to Mayawati and Akhilesh Yadav to Congress brass led by Sonia Gandhi descending on the venue. It became a show of strength of the “secular alliance”.&lt;br /&gt;
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Mirroring the spike in the fortunes of his foe from Karnataka assembly, Kharge has become the AICC general secretary, entrusted with the task of the important state of Maharashtra. The weighty organisational assignment added to his portfolio of leader of Congress in Lok Sabha and chairman of the Public Accounts Committee of Parliament. For Gowda, there has been no looking back since his son presided over the opposition show in Bengaluru last month. Many feel Gowda senses that situation in 2018 is similar to 1996 when fate pitchforked him onto the national scene.&lt;br /&gt;
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A satrap who signed on Gowda’s election as PM explained that he benefitted from North Indian leaders — Mulayam Singh Yadav, Lalu Prasad, Ajit Singh, Sharad Yadav, Ram Vilas Paswan et al — refusing to agree on each other’s candidature. It was plain envy or overlapping political constituencies. A Congress leader from Karnataka said Gowda recently told his supporters that he would “lead the Mahayuti” in 2019.&lt;br /&gt;
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In case of Kharge, the AICC appointment triggered speculations if it meant that he would quit the post of party leader in LS and Rahul Gandhi will take charge himself. But Congress managers denied the possibility.&lt;br /&gt;
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==Shivakumar apologises for Cong supporting Lingayats’ separate identity==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F10%2F19&amp;amp;entity=Ar01401&amp;amp;sk=E3BBB4E8&amp;amp;mode=text   DKS apology on Lingayat issue leaves Cong red-faced, October 19, 2018: ''The Times of India'']&lt;br /&gt;
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In an embarrassment to former chief minister Siddaramaiah, Karnataka minister D K Shivakumar on Wednesday apologised “with folded hands” on behalf of the previous Congress regime for supporting the Lingayats’ cause of seeking a separate identity. It was the Siddaramaiah cabinet which had recommended religious minority tag for the Lingayats.&lt;br /&gt;
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Shivakumar aplogised on the sensitive Lingayat issue at the Rambhapuri peetha in Laxmeshwar in Gadag district, 390 km from Bengaluru. Elaborating on his apology to the media in Bengaluru on Thursday, Shivakumar said the Congress government had made a mistake and added that no government should interfere on issues of religion, caste or culture.&lt;br /&gt;
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“The Congress government of which I was also a part made the mistake and we also saw the consequences in the 2018 polls. The issue was rankling in my mind as it was against my conscience. I found an appropriate time and opportunity to express my feelings,” he said.&lt;br /&gt;
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All the Lingayat ministers who had rallied for seeking a separate identity for their community lost in the May assembly polls.&lt;br /&gt;
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Shivakumar said the then Congress government should not have buckled under pressure from the Lingayat lobby when a petition was given. “The government constituted a panel, recommended a religious minority tag to the Lingayats, which was rejected by the Centre. Getting involved in caste and religion issues is not the work of any government,” he maintained.&lt;br /&gt;
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The minister’s statement was slammed by his former cabinet colleagues from the Lingayat community, Vinay Kulkarni and M B Patil, who were in the forefront of seeking a separate tag for the community.&lt;br /&gt;
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== Siddaramaiah affinity with Congress top brass==&lt;br /&gt;
[https://timesofindia.indiatimes.com/city/bengaluru/why-siddaramaiah-ticks-with-congress-high-command/articleshow/67239960.cms  Naheed Ataulla, December 25, 2018: ''The Times of India'']&lt;br /&gt;
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What explains Siddaramaiah’s easy rapport with and sway over the Congress high command? For one, after many years the Congress leadership now has in the former chief minister a leader from Karnataka who will speak his views on issues while getting the top brass to agree to his line of thinking. &lt;br /&gt;
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Siddaramaiah wears many political hats — chairman of the JD(S)-Congress coordination committee, party leader on the floor of the legislative assembly and member of the party’s highest decision-making body, the CWC. But what sets him apart from other Congress leaders in Karnataka is he has managed to get the ears of the party high command, which observers put down to Siddaramaiah’s inimitable style of getting across his opinion. &lt;br /&gt;
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Siddaramaiah’s stamp has been clear in everything from getting the party leadership to agree to his contesting from two constituencies in the 2018 assembly elections, and to candidates he recommended for the assembly and council elections and in the recent cabinet expansion/reshuffle. While many maintain that he is arrogant, “In Siddaramaiah’s case — naan helide sari [what I say is right] is backed by reasoning which everybody has to buy,” a source said. &lt;br /&gt;
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His adamant resistance to a dyCM during his tenure and refusal to bring on board presidents of Congress and JD(S) state units on the coordination committee are instances of this phenomenon. &lt;br /&gt;
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“Luck is favouring Siddaramaiah and things are moving the way he wants,” a senior Congress leader said. However, he admitted that all Siddaramaiah’s decisions are based on social engineering, even if a few, like getting former minister SR Patil the post of legislative council chairman or encouraging the Lingayats to seek a separate identity, have misfired. &lt;br /&gt;
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With state leaders dithering, the cabinet rejig could have been postponed further, sources said. “But Siddaramaiah put his foot down, got the list of probable ministers prepared and placed it before AICC president Rahul Gandhi,” a source said. &lt;br /&gt;
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Party insiders recalled that former CMs D Devaraj Urs (at the fag end of his tenure) and S Bangarappa, both recognised as champions of backward classes like Siddaramaiah, were also outspoken but only once they rebelled. Another advantage for Siddaramaiah is said to be Rahul’s decision to identify regional leaders with Captain Amarinder Singh’s emergence in Punjab and the fact Karnataka was the only state that the Congress held in in 2013. &lt;br /&gt;
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“The Congress high command also wants a person who can take all communities along. Siddaramaiah fits the bill,” another source said.&lt;br /&gt;
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==By-elections: Cong-JDS win 4, BJP 1==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F07&amp;amp;entity=Ar00501&amp;amp;sk=B3641EBA&amp;amp;mode=text  Naheed Ataulla &amp;amp; Anil Gejji, Boost for opposition unity as Cong-JDS wins 4-1 in K’taka, November 7, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: The results of the Nov 2018 By-elections in Karnataka.jpg|The results of the Nov 2018 By-elections in Karnataka &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F07&amp;amp;entity=Ar00501&amp;amp;sk=B3641EBA&amp;amp;mode=text  Naheed Ataulla &amp;amp; Anil Gejji, Boost for opposition unity as Cong-JDS wins 4-1 in K’taka, November 7, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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''Wrests BJP Bastion Ballari From Mining Baron Reddy''&lt;br /&gt;
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It was a Diwali boost for the ruling JD(S)- Congress in Karnataka with the coalition partners bagging two of the three Lok Sabha seats and both assembly constituencies for which results were declared on Tuesday.&lt;br /&gt;
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While the coalition expectedly retained JD(S) strongholds Mandya (Lok Sabha) and Ramanagara (assembly), Congress wrested the prestigious Ballari Lok Sabha seat which has been in the grip of mining baron G Janardhan Reddy and his associate, BJP MLA B Sreeramulu, since 2004 without a break.&lt;br /&gt;
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The change of hands reflects the new balance of power in the state with Congress winning six of eight assembly constituencies after the May state polls. The results of the current bypolls, where BJP was able to win only the Shivamogga LS seat, underline the task before the saffron party ahead of the 2019 general elections if it is to defend its 2014 tally of 17 of the state’s 28 seats. Ballari is the 10th Lok Sabha seat that BJP held in 2014 but has now lost in subsequent bypolls, reducing its tally in the House from 282 to 273. The results will encourage JD(S) and Congress to face the Lok Sabha elections together despite their differences.&lt;br /&gt;
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Though some of the coalition victories were expected, the huge margins over BJP nominees disproved reports of a close fight in Jamakhandi assembly seat and Ballari. In Ballari, Congress nominee V S Ugrappa defeated J Shantha of BJP, a former MP, by a record 2.9 lakh votes while in Jamakhandi, Congress nominee Anand Nyamagouda defeated BJP’s Srikanth Kulkarni by 39,000 votes.&lt;br /&gt;
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The results are a leg up for opposition unity talks with Congress and regional non-NDA parties considering state-wise alliances.&lt;br /&gt;
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===Congress-JD(S) unity liberates ‘Republic of Ballari’===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F07&amp;amp;entity=Ar01408&amp;amp;sk=48B66EC0&amp;amp;mode=text  Naheed Ataulla, Congress-JD(S) unity crushes ‘Republic of Ballari’ in bypoll, November 7, 2018: ''The Times of India'']&lt;br /&gt;
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The ‘Republic of Ballari’ — a term given in the Lokayukta report on illegal mining under mining czar G Janardhana Reddy and his confidant, BJP MLA B Sreeramulu — has crumbled with Congress regaining the Lok Sabha seat after 14 years in the Karnataka bypolls, the results of which were declared.&lt;br /&gt;
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It was an equally poised contest for both Congress-JD(S) combine nominee VS Ugrappa and BJP’s J Shantha (Sreeramulu’s sister), where caste and candidates were secondary, with Ballari being a reserved constituency for the Scheduled Tribes.&lt;br /&gt;
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The outcome has established the political supremacy of Karnataka minister D K Shivakumar, who was in charge of the Congress campaign. While Shivakumar descended on the district with ministers and party functionaries, Sreeramulu became the lone ranger with hardly any support from the party. Reddy has been banned by the Supreme Court from entering the Ballari district.&lt;br /&gt;
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Besides, Reddy’s insensitive remark that the death of former chief minister Siddaramaiah’s son Rakesh was “God’s punishment for separating him (Reddy) from his children and putting him in jail” caused embarrassment to BJP. State unit president B S Yeddyurappa had to ask Reddy to apologise for the remark.&lt;br /&gt;
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Significantly, Shivakumar, known for his organising skills during poll campaigns, apologised for the then Siddaramaiah government evincing interest in the Lingayats’ demand for a separate identity and recommending a religious minority tag to them. This was one of the factors behind the defeat of Lingayat ministers in the Siddaramaiah government in the assembly polls.&lt;br /&gt;
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According to political analysts, the strategy worked as Ballari district has a large Lingayat population, who are said to have voted for the party in this bypoll. BJP losing the seat which it had held since 2004 demonstrated the fact that Sreeramulu, considered as a leader of the Valmiki (ST) community, cannot single handedly deliver victory to the party. In previous polls, he had the support of the Reddys and BJP.&lt;br /&gt;
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The Ballari defeat has shaken the BJP leaders who had taken it for granted that it had become their bastion. The victory for Congress has sent across the message that the party which was divided in the district can deliver results if they sink their differences.&lt;br /&gt;
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===The rise of Shivakumar===&lt;br /&gt;
[https://timesofindia.indiatimes.com/city/bengaluru/shivakumar-emerges-ace-spin-doctor-of-electoral-management/articleshow/66540422.cms  Naheed Ataulla, Karnataka: DK Shivakumar emerges ace spin doctor of electoral management, November 8, 2018: ''The Times of India'']&lt;br /&gt;
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Two political coups by water resources minister D K Shivakumar in the bypolls which concluded on Tuesday have reinforced the fact that the ‘Chanakya of poll management’ can turn difficult constituencies in favour of the Congress party. &lt;br /&gt;
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The party’s victory in the Ballari Lok Sabha bypoll is a classic example. Congress wrested the seat from the BJP after losing it 14 years ago. The winning margin of 2.4 lakh votes was also a record of sorts. The Congress could not muster that margin even when former AICC president Sonia Gandhi contested in 1999 (56,000 votes). &lt;br /&gt;
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The second coup was in the Ramanagara assembly bypoll — BJP candidate L Chandrashekar retired two days before the election and returned to the Congress, handing Anitha Kumaraswamy, the JD(S)-Congress alliance candidate, a virtual walkover. &lt;br /&gt;
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Shivakumar’s intervention in Ramanagara was perhaps unnecessary as victory for Anitha + was a foregone conclusion since she was way ahead of the BJP candidate in terms of popularity. But Congress sources say Shivakumar chose to turn the situation to his advantage to send the message across to Congress and JD(S) workers that he and his brother, MP D K Suresh, still hold the upper hand in the region despite the constituency being represented by chief minister H D Kumaraswamy’s wife. &lt;br /&gt;
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Shivakumar rose to prominence in May this year when, during the formation of the coalition government, he kept the Congress-JD(S) coalition flock intact, despite strident attempts by the BJP to poach MLAs and save the three-day-old B S Yeddyurappa government. &lt;br /&gt;
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Milind Dharmasena, general secretary of the state Congress campaign committee, who worked with Shivakumar in the recent polls, said, “He does his homework thoroughly of the constituency he is given charge. He studies the strengths and weaknesses of the party and then delegates responsibilities. Workers are debriefed every day. The first thing Shivakumar did after stepping into Ballari constituency was to bring all the local party leaders together and instil confidence in them.” &lt;br /&gt;
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Shivakumar’s political approach to issues has irked the party on various occasions, but it has fetched results. His apology on behalf of the Siddaramaiah government for giving in to the demand for separate religion status for Lingayats is a case in point. He was slammed by many Lingayat Congress leaders, but it fetched votes for the party in Ballari. &lt;br /&gt;
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Shivakumar has more enemies in the Congress than outside. Seniors in the party say he is too brash. He has never concealed his ambition of becoming the chief minister. In one of his election speeches in May, Shivakumar said: “Is it wrong to nurture ambitions of becoming a CM? I will wait for all communities including a Dalit to become CM. I will wait my turn. Age is on my side.’’ The BJP is reported to have wooed him with offers of various titles and positions, but he has kept the saffron party at bay. Party sources say Shivakumar is biding his time and is aiming for a bigger role in politics and the Vokkaliga community. To that end, he is now making the right moves of patching up with his political adversaries.&lt;br /&gt;
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=2018- celebration of Tipu Jayanti=&lt;br /&gt;
==Government celebrates 'Tipu Jayanthi'==&lt;br /&gt;
[https://timesofindia.indiatimes.com/city/bengaluru/karnataka-government-celebrates-tipu-jayanthi-amid-tight-security/articleshow/66565270.cms  'Tipu Jayanthi' celebrations in Karnataka amid BJP protests; CM, DyCM skip event, November 10, 2018: ''The Times of India'']&lt;br /&gt;
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Protests by the BJP and right-wing outfits coupled with the absence of Chief Minister H D Kumaraswamy and his deputy marked the 'Tipu Jayanthi' celebrations in Karnataka. Tipu Jayanthi is celebrated to observe the birth anniversary of controversial 18th-century ruler of the erstwhile Mysore kingdom, Tipu Sultan. &lt;br /&gt;
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The celebrations brought the state under a thick security blanket, amid threats of protests by the BJP and other organisations, with the main event in Bengaluru turning out to be lacklustre. &lt;br /&gt;
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Deputy Chief Minister G Parameshwara, who was to inaugurate the main event at Vidhana Soudha, the seat of state legislature here, in the absence of Kumaraswamy, also skipped the function. &lt;br /&gt;
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Kumaraswamy did not attend the event, citing doctors' advice to take rest for three days till November 11. &lt;br /&gt;
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The chief minister's office had made prior announcement about Kumaraswamy's inability to attend the function and his name was also not printed in the invitation. &lt;br /&gt;
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Parameshwara did not attend the event as he was out of town, sources at his office told PTI, without divulging any details. &lt;br /&gt;
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Following the chief minister's decision to skip the event, reports had emerged about difference of opinion between the ruling coalition partners over the celebrations. &lt;br /&gt;
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While in the opposition, Kumaraswamy had questioned the need for such celebration which was started by the previous Siddaramaiah-led Congress government. &lt;br /&gt;
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Kumaraswamy reportedly chose to skip the event to not antagonise voters in his party's bastion of old Mysuru region, as Tipu Sultan had seized power from Maharajas of Mysuru, who are virtually revered there. &lt;br /&gt;
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The Chief Minister's Office (CMO), however, issued a statement on Kumaraswamy's absence at the event. &lt;br /&gt;
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Wishing success for Tipu Jayanti celebrations, the JD(S) leader said Tippu's progressive measures in administration, his quest for innovation were &amp;quot;commendable&amp;quot;. &lt;br /&gt;
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He said as he was taking rest on doctor's advice, he was unable to take part in the programme. &lt;br /&gt;
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&amp;quot;It is unnecessary to add special meaning to it. It is also far from truth that he is not taking part due to the fear of losing power, as he opposes such blind beliefs,&amp;quot; the CMO statement said. &lt;br /&gt;
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This was the first such celebration of 'Tipu Jayanti' after the Kumaraswamy-led Congress-JD(S) coalition government came to power in the state. &lt;br /&gt;
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The previous Congress government led by Siddaramaiah began celebrating Tipu Jayanthi on November 10 every year since 2015, amid stiff opposition by the BJP, several Hindu organisations and some individuals. &lt;br /&gt;
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BJP and several right-wing organisations held protests in different parts of the state opposing the celebrations. &lt;br /&gt;
&lt;br /&gt;
Calling Tipu a &amp;quot;religious bigot&amp;quot;, the state BJP unit had urged the state government to drop its decision to celebrate the Jayanthi. &lt;br /&gt;
&lt;br /&gt;
In Kodagu district, where celebrations in 2015 were marred by widespread protests and violence, Tipu Jayanthi Virodhi Horata Samithi called for a bandh. &lt;br /&gt;
&lt;br /&gt;
VHP worker Kuttappa had dled in Kodagu district during a clash that erupted during the Tipu Jayanthi that year. &lt;br /&gt;
&lt;br /&gt;
BJP workers along with MLA M P Appacchu Ranjan were detained by police at Madikeri in Kodagu district for protesting against the event after he allegedly had an argument with the police for not letting those without invitations to attend the event. &lt;br /&gt;
&lt;br /&gt;
Another BJP MLA and former assembly speaker K G Bopaiah was detained in Virajpet during the protest, police said. &lt;br /&gt;
&lt;br /&gt;
In Mangaluru, some protesters tried to barge into the zilla panchayat office with black flags where the event was being organised. The protestors were later detained by police. &lt;br /&gt;
&lt;br /&gt;
In Yellapura of Uttara Kannada district too, there were reports of detaining protesters. &lt;br /&gt;
&lt;br /&gt;
Similar protests were reported from Chikkamagaluru, Ballari, Karwar and various parts of the state. &lt;br /&gt;
&lt;br /&gt;
Police have clamped prohibitory orders in most of the districts in the state as a precautionary measure. &lt;br /&gt;
&lt;br /&gt;
Extra security arrangements have been made in districts like Kodagu, Chitradurga, and also coastal regions among others where local communities are opposed to the celebrations. &lt;br /&gt;
&lt;br /&gt;
Tipu Sultan was considered an implacable enemy of the British East India Company. He was killed in May 1799 while defending his fort at Srirangapatna against the British forces. &lt;br /&gt;
&lt;br /&gt;
The ruler, however, is a controversial figure in Kodagu district as Kodavas (Coorgis), a martial race, believe that thousands of their men and women were seized and held captive during his occupation and subjected to torture, death and forcible conversion to Islam. &lt;br /&gt;
&lt;br /&gt;
He is also accused of execution of Mandayam Iyengars at the temple town of Melkote in Mandya district on the day of Deepavali festival, as they supported the then Maharaja of Mysuru. &lt;br /&gt;
&lt;br /&gt;
Tipu Sultan is seen in a negative light in the coastal Dakshina Kannada district too, where the Christians believe he unleashed atrocities on their community. &lt;br /&gt;
&lt;br /&gt;
However, the scale of such suppression is disputed by several historians, who see Tipu as a secular and modern ruler who took on the might of the British. &lt;br /&gt;
&lt;br /&gt;
Meanwhile, a group of Muslim leaders along with state minister Zammer Ahmed Khan Saturday met senior Congress leader Siddaramaiah and honoured him on the occasion of Tipu Jayanthi. &lt;br /&gt;
&lt;br /&gt;
Calling Tipu a &amp;quot;good administrator,&amp;quot; Siddaramaiah hit out at the BJP for opposing Tipu Jayanti celebrations, while reminding about saffron party leaders attending similar events while in power.&lt;br /&gt;
&lt;br /&gt;
===CM, Dy CM skip the Congress-only event===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F11&amp;amp;entity=Ar01216&amp;amp;sk=2DBE285E&amp;amp;mode=text  HDK, dy CM skip Tipu anniv event, November 11, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
What was touted as the coalition government’s joint decision to host the fourth official celebrations of Tipu Sultan’s birth anniversary on Saturday, turned into a wholly-Congress affair, with chief minister HD Kumaraswamy skipping the event, and no JD (S) minister attending it.&lt;br /&gt;
&lt;br /&gt;
While Kumaraswamy had already cited his health for not attending the event, what caused the coalition government a bigger embarrassment was the absence of deputy CM G Parameshwara, who is travelling abroad. Overall, the celebrations saw a lukewarm response.&lt;br /&gt;
&lt;br /&gt;
The Congress production of Tipu Jayanti celebrations gave water resources minister DK Shivakumar, and minister BZ Zameer Ahmed Khan, the opportunity to grab the limelight.&lt;br /&gt;
&lt;br /&gt;
=2019=&lt;br /&gt;
==The Jan crisis: More hype than substance?==&lt;br /&gt;
[https://timesofindia.indiatimes.com/city/bengaluru/do-mlas-actually-get-rs-50-crore-to-rs-60-crore-to-switch-sides/articleshow/67715266.cms  Manu Aiyappa, January 28, 2019: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
At the height of attempts to poach Congress legislators recently, former Prime Minister HD Deve Gowda said he had never in his six-decade political career seen horse trading on the scale the BJP was trying to pull off. &lt;br /&gt;
&lt;br /&gt;
With voters returning fractured verdicts in four of the last five assembly elections, horse trading has been more the norm than an exception in Karnataka politics. However, over the last couple of weeks, the BJP has taken poaching to a much higher orbit with its repeated attempts to topple the JD(S)-Congress government. If senior Congress and JD(S) leaders are to be believed, disgruntled legislators are being offered staggering deals of between Rs 20 crore and Rs 60 crore to join the BJP. &lt;br /&gt;
&lt;br /&gt;
But sources privy to these underhand deals told TOI that while MLAs are being offered far more cash than a few years ago, there is more hype than substance when it comes to negotiating. Some MLAs say the offer starts at Rs 1 crore and rises to about Rs 10 crore as speculation and political churnings gain momentum.&lt;br /&gt;
&lt;br /&gt;
So, how much money does a turncoat MLA actually get? Part of the answer is in the ‘packages’ that are on offer. First, there is the cash-plus-ticket package. This includes cash (Rs 5 crore-Rs 15 crore) plus an offer of a party ticket to contest elections. This deal is offered to those who are uncertain of winning from their ‘parent’ party, or those who aren’t confidant about securing a party ticket. &lt;br /&gt;
&lt;br /&gt;
Then, there is cash (Rs 5 crore-Rs 10 crore) and position package. This is the most attractive option since it carries relatively low risks. Potential defectors are paid cash and offered a position (ministries/heads of boards and corporations) in the new government. &lt;br /&gt;
&lt;br /&gt;
There is also the cash-only package (Rs 1 crore-Rs 5 crore), which MLAs say is hard to resist. This deal is offered to vote/cross-vote during Rajya Sabha elections among other polls. But it’s a risky proposition, particularly for those with party affiliations since it could expose the identity of those who could turn their backs on their own parties. &lt;br /&gt;
&lt;br /&gt;
These packages also fetch a “premium” when legislators are being lured to form a government. In such situations, the MLA could also increase his/her stake by claiming they are being offered “big fortunes” by their own parties. &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''HOW MONEY IS TRANSFERRED'''&lt;br /&gt;
&lt;br /&gt;
A former MLA said legislators are commonly paid in cash through a third party. The third party could be a business magnate, a corporate company, a rich party leader or just a political broker. &lt;br /&gt;
&lt;br /&gt;
Besides cash, there are other inducements on offer too such as plots (BDA sites), luxury SUVs and upmarket flats. During elections to the Rajya Sabha some time ago, a businessman candidate offered each MLA a SUV, while a senior leader was reportedly given a high-end flat in the central business district area. &lt;br /&gt;
&lt;br /&gt;
An analysis by the Karnataka Election Watch and Association for Democratic Reforms of assets of MLAs of the current assembly reveals that 215 (97%) are crorepatis. Also 16 MLAs have declared assets over Rs 100 crore. &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''DOES CASH RULE?'''&lt;br /&gt;
&lt;br /&gt;
A senior JD(S) leader said it’s not true that all MLAs are lured by cash. &lt;br /&gt;
&lt;br /&gt;
“Only independent and cash-starved MLAs crave cash while most demand a cabinet berth with a lucrative portfolio,” the leader said. “Some like Congress leader Ramesh Jarkiholi decide to quit because they are upset with the way the party leadership treats them, or when they see a threat to their political future.” &lt;br /&gt;
&lt;br /&gt;
Lamenting the growing influence of horse trading in politics, a senior leader from Mysuru said: “The money factor is turning the assembly into an elite club and putting it beyond the reach of those who enter politics with a social-service mindset. It has compelled some parties to look for wealthy candidates to pay not only their own members to prevent them from switching sides, but also to buy additional members to get votes or form government.”&lt;br /&gt;
&lt;br /&gt;
=See also=&lt;br /&gt;
[[The National Symbols of India]]&lt;br /&gt;
=And also= &lt;br /&gt;
[[Karnataka: Assembly elections]]&lt;br /&gt;
&lt;br /&gt;
[[Karnataka: Assembly elections, 2018]]&lt;br /&gt;
&lt;br /&gt;
[[Karnataka: caste, mutts and elections]]&lt;br /&gt;
&lt;br /&gt;
[[Karnataka: Parliamentary elections]]&lt;br /&gt;
&lt;br /&gt;
[[Karnataka: political history]]&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Pinarayi_Vijayan</id>
		<title>Pinarayi Vijayan</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Pinarayi_Vijayan"/>
				<updated>2019-02-18T11:24:51Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: Created page with &amp;quot;{| class=&amp;quot;wikitable&amp;quot; |- |colspan=&amp;quot;0&amp;quot;|&amp;lt;div style=&amp;quot;font-size:100%&amp;quot;&amp;gt; This is a collection of articles archived for the excellence of their content.&amp;lt;br/&amp;gt; &amp;lt;/div&amp;gt; |}  [[Category:Ind...&amp;quot;&lt;/p&gt;
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&lt;div&gt;{| class=&amp;quot;wikitable&amp;quot;&lt;br /&gt;
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|colspan=&amp;quot;0&amp;quot;|&amp;lt;div style=&amp;quot;font-size:100%&amp;quot;&amp;gt;&lt;br /&gt;
This is a collection of articles archived for the excellence of their content.&amp;lt;br/&amp;gt;&lt;br /&gt;
&amp;lt;/div&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
&lt;br /&gt;
[[Category:India |V ]]&lt;br /&gt;
[[Category:Politics |V ]]&lt;br /&gt;
&lt;br /&gt;
= Pinarayi Vijayan =&lt;br /&gt;
[https://www.indiatoday.in/magazine/nation/story/20170717-ldf-pinarayi-vijayan-cm-kerala-government-1022699-2017-07-08 Jeemon Jacob , A left CM gets it right “India Today’ 17/7/2017]&lt;br /&gt;
&lt;br /&gt;
It was May 24, 2016, a day after his birthday and CPI(M) strongman Pinarayi Vijayan was finally realising a long cherished ambition-becoming chief minister of Kerala. Things were looking up, the Left Democratic Front (LDF) headed by his party, the CPI(M), had an absolute majority and long-time bete noire and party veteran, ex-CM V.S. Achuthanandan, had finally been sidelined.&lt;br /&gt;
&lt;br /&gt;
A year down the line, though, things are not as certain as they were. For a man so set in his ways, Pinarayi has had to back down more times than he would have liked. He has found out that he cannot always depend on the people he had trusted. Their shortcomings have damaged the image of his government. But at age 72, when most politicians give thanks just for staying in office, Pinarayi is not afraid to begin anew. He has scored unexpected victories (the NH widening and GAIL gas pipeline issues had been stuck for ages), won international accolades (for giving transgenders job reservations in the Kochi Metro and the welfare insurance scheme for the state's migrant workers) and stood firm in the face of the gravest opposition.&lt;br /&gt;
&lt;br /&gt;
Pinarayi always had the reputation of a man who gets things done, and this time too he set the agenda for the government as soon as he took over. Where he could be faulted is in selection of cabinet colleagues, most of whom are loyalists. The only exception is Dr Thomas Isaac, the popular finance minister (who he is accused of sidelining by not making him No. 2 in the cabinet, despite seniority and experience).&lt;br /&gt;
&lt;br /&gt;
That aside, Kerala, for the first time, feels like it has a chief minister who means business. The change has been visible from the state secretariat down. Pinarayi has even managed to discipline the notorious non-gazetted officers union. Government offices are finally running smoothly with officers and clerks reaching on time.&lt;br /&gt;
&lt;br /&gt;
A high priority was also the weeding out of corruption in public office. But that effort didn't go exactly to plan. Jacob Thomas, a 1985 batch IPS officer, was made head of the vigilance and anti-corruption wing (ignoring the warnings of many), and entrusted with the task. When Thomas called on him before taking charge, Pinarayi assured him of a free hand. Thus began a series of raids and cases against the high and mighty, including public officials and senior IAS men.&lt;br /&gt;
&lt;br /&gt;
The raids made Thomas both a hero and a villain. The TV channels celebrated his actions, but within the establishment there were mutterings that he had exceeded his brief. But Pinarayi refused to rein him in, even after he demanded files from the finance department of the Kerala Infrastructure Investment Fund Board, a dream project of the CM's. &amp;quot;Pinarayi made a strategic blunder giving a free hand to a man who wants to be in the news round the clock,&amp;quot; says a senior CPI(M) leader. &amp;quot;His actions in the initial days impressed the CM. But the harm he has done to the government will be permanent.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
Thomas's ouster finally came after the Kerala High Court took exception to his 'vigilance raj' tactics. But by then, the damage was done. Inter-departmental spats, counter-charges of corruption against Thomas himself from his days as ports director... a whole new can of worms opened up. Pinarayi, to his credit, protected him until the situation became untenable. Meanwhile, another crisis was brewing in the home department. The CPI(M)-led government's battle with ousted Director General of Police T.P. Senkumar became a huge embarrassment after the Supreme Court reinstated the top cop. Senkumar's second term as Kerala's police chief lasted barely two months (he retired on June 30) but his interviews since then have not been kind to the CM, the home ministry, or indeed the state police department itself.&lt;br /&gt;
&lt;br /&gt;
But even with all the negative publicity, Pinarayi has not shied away from subjecting his government to public scrutiny. On June 5, he released a progress report of his government, a public document open to critical review. For the first time in India, a state government was telling the people to rate its performance through social auditing.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;Forget all the controversies, this is something unprecedented,&amp;quot; says Dr K.M. Abraham, an additional chief secretary in the finance department. &amp;quot;The CM's made a great beginning by admitting where his government has excelled and where it has fallen short.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
The report has the usual self-congratulatory plaudits, invoking achievements like the 213,745 new jobs created in the tourism and IT sectors, or the before-time delivery of uniforms and textbooks to poor students (usually it's December and the half-yearly exam before they get it). But where the LDF government has really been successful is in getting the wheels rolling on long-delayed projects like the GAIL Mangalore-Kochi gas pipeline and the six-laning of the state's national highways (minimum 45 metres width). These have been contentious issues for years, mostly over land acquisition in a densely populated state. Now, the progress on them, along with the inauguration of the Kochi Metro, has given people hope that things might finally be looking up for the state.&lt;br /&gt;
&lt;br /&gt;
Pinarayi and his government have drawn up an ambitious four-mission plan for the next four years. This includes Haritha Keralam, an 'umbrella mission' which has under it integrated waste management, organic vegetable farming, afforestation, water resources management, even power generation through wind and solar energy.&lt;br /&gt;
&lt;br /&gt;
The public education system is the second on the list. So, 45,000 smart classrooms are planned for government schools, another 1,000 will get an infrastructure upgrade, and a Rs 650 crore package has been readied to convert government colleges into centres of excellence. There's even a Rs 900 crore package to help students struggling with their student loans. The other two parts of the four-mission plan are the Ardram 'people-friendly' healthcare project and Mission LIFE, which hopes to ensure that there will be no homeless family in the state by 2020. The universal housing scheme will include some 200,000 homes in clusters.&lt;br /&gt;
&lt;br /&gt;
Meanwhile, after the Kochi Metro, infrastructure upgrades continue apace. Ports are coming up in Vizhinjam and Ponnani; Kannur international airport, the fifth largest in the country, will be operational by year-end; and a 'national waterway', connecting Kovalam in the south to Kasargod in the north of the state is on the anvil.&lt;br /&gt;
&lt;br /&gt;
Politically, too, the LDF government has been active. It has stood up to the Centre, denouncing its attempt to extend the ban on cattle slaughter in the predominantly beef-eating state. Pinarayi hasn't hesitated over reversing the liquor ban either, saying the state's finances, and the tumult in the tourism sector, demanded such a decision.&lt;br /&gt;
&lt;br /&gt;
Pinarayi's government has also been one of the big supporters of the landmark Goods &amp;amp; Services Tax. &amp;quot;With Kerala being a consumer state, its tax revenues will increase and this situation should help the state overcome the financial deficit in four years,&amp;quot; says finance minister Isaac. Of course, being a true Communist, he also derided how GST has &amp;quot;paved the way for reduced taxes on luxury items and excess tax for essential commodities&amp;quot;, saying it would lead to price rise and more class disparity.&lt;br /&gt;
&lt;br /&gt;
All the above reforms, though, have still not got the chief minister on the right side of the media. Long-time friend and colleague, LDF coordinator Vaikom Viswan, says it doesn't matter. &amp;quot;Pinarayi is not to be taken lightly. He has his priorities sorted and he won't care for the challenges. He will find a way to achieve his objectives,&amp;quot; he says.&lt;br /&gt;
&lt;br /&gt;
Opposition leader Ramesh Chennithala, though, is not too hopeful. &amp;quot;This is the worst performing government Kerala has had,&amp;quot; he says. &amp;quot;There is no accountability, the CM doesn't even care to answer in the assembly about the home department's functioning.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
BJP state president Kummanam Rajasekharan too is scathing, blaming the CM for engineering the attacks on party cadre. &amp;quot;Our boys are being brutally murdered. The law and order situation in the state is abysmal. What progress can Kerala make when Pinarayi rules?&amp;quot; he asks. The R.S.S .and the CPI(M) have always been at each other's throats in north Kerala, but the former has not fared too well since the Marxists took power.&lt;br /&gt;
&lt;br /&gt;
But clearly, in the battle for minds, Pinarayi still has a lot going for him. &amp;quot;I rate this government as the most functional one to ever rule Kerala,&amp;quot; says one of the state's popular New Wave filmmakers, Ranjith. &amp;quot;Compared to the last regime, no one can level a corruption charge against this government. Also, perhaps for the first time we have a government which has identified core areas of development and is working with a vision.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
Ranjith feels that Kerala needs a person like Pinarayi now to &amp;quot;carry forward its dreams&amp;quot;. &amp;quot;We have been victims of compromised politics for too long,&amp;quot; he says.&lt;br /&gt;
&lt;br /&gt;
But problems from the past can still put a spanner in the works. The SNC Lavalin case-a CBI investigation alleges that when Pinarayi was power minister in the late 1990s, the Canadian company was given undue favours in hydroelectric projects-is pending before the high court. A ruling is expected soon in the case.&lt;br /&gt;
&lt;br /&gt;
Catholic priest and popular media critic Fr Paul Thelakat has an interesting take on Pinarayi's term so far. &amp;quot;As chief minister, he has excelled in most areas. But his image is still of a dictator. In government, one should develop free channels of feedback. Blocking this can paralyse a leader and the government. Some criticism is always good for a strong leader,&amp;quot; he says. It's good advice, and Pinarayi would do well to take heed as his second year in government gets under way.&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Price_Deficit_Payment_Scheme</id>
		<title>Price Deficit Payment Scheme</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Price_Deficit_Payment_Scheme"/>
				<updated>2019-02-18T10:21:29Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: Created page with &amp;quot;{| class=&amp;quot;wikitable&amp;quot; |- |colspan=&amp;quot;0&amp;quot;|&amp;lt;div style=&amp;quot;font-size:100%&amp;quot;&amp;gt; This is a collection of articles archived for the excellence of their content.&amp;lt;br/&amp;gt; &amp;lt;/div&amp;gt; |}  [[Category:Ind...&amp;quot;&lt;/p&gt;
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This is a collection of articles archived for the excellence of their content.&amp;lt;br/&amp;gt;&lt;br /&gt;
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|}&lt;br /&gt;
&lt;br /&gt;
[[Category:India |P ]]&lt;br /&gt;
[[Category:Economy-Industry-Resources |P ]]&lt;br /&gt;
[[Category:Flora |P ]]&lt;br /&gt;
&lt;br /&gt;
= 2017 =&lt;br /&gt;
[https://www.indiatoday.in/magazine/states/story/20170918-bhaavantar-yojana-madhya-pradesh-price-deficit-payment-1039963-2017-09-08 Rahul Noronha , The agricultural vote bank “India Today” 18/9/2017]&lt;br /&gt;
&lt;br /&gt;
Madhya Pradesh became the first state in the country to bring in a 'Bhaavantar Yojana' or 'price deficit payment' scheme for agricultural produce, making it possible for the government to bail out farmers without having to buy their produce. The scheme will also help the government avoid the goof-ups and accusations of mismanagement of procured stock as happened recently in the procurement of 8.76 lakh tonnes of onions.&lt;br /&gt;
&lt;br /&gt;
Cleared by the state cabinet, the scheme will enable the government to pay the difference between the modal price and the MSP (minimum support price) of a crop in case prices fall below the MSP. The modal price will be the average price of an agricultural commodity over a two-month period in MP and two other states where it is grown. Eight crops will be covered, including soyabean, of which MP is the biggest producer.&lt;br /&gt;
&lt;br /&gt;
A brainchild of NITI Aayog member Ramesh Chand, the scheme was earlier tried out on a pilot basis in Goa and, for pulses, in MP. The scheme comes close on the heels of massive mismanagement in procurement of onions-a decision seen as a kneejerk reaction to the farmers' agitation in June. Thousands of tonnes of onion were procured by Markfed (MP State Cooperative Marketing Federation Ltd), only to be dumped and left to rot after the rains. The loss suffered by the exchequer has been estimated at nearly Rs 500 crore. The government purchased the onions at Rs 8 per kg and sold a part of it through the PDS network at Rs 2 per kg. The remainder went for as little as 10 paise a kg after the rains started. A GM of the MP state civil supplies corporation, S.K. Soni, was arrested after a sting operation by the INDIA TODAY news channel showed him fixing a deal to sell procured onions to traders at depressed rates.&lt;br /&gt;
&lt;br /&gt;
Worse still, nearly 25,000 tonnes of onions are still 'missing', with Markfed extending excuses like 'moisture loss', something which even its parent body, the department of cooperation, is not buying. The losses this year were a repeat of the 2016 procurement mess by Markfed, albeit on a much bigger scale. In 2016, 72 per cent of the 1.04 lakh tonnes of onions procured were destroyed while the remaining 27,000 tonnes were sold at Rs 3 per kg. &amp;quot;Onion procurement was an emergency situation,&amp;quot; says Markfed MD Gyaneshwar Patil. &amp;quot;It was done during the rains and Markfed has no facilities to store, nor any expertise in procurement. We can't blame anyone for the losses due to damage. However, if other anomalies are detected, action will be taken.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
Sensitive to the flak, the Shivraj Singh Chouhan government rolled out the Bhaavantar Yojana. State elections are due in 2018 and the farming community has been the backbone of the CM's support base. There were already concerns after the farmers' agitation in June. The scheme still doesn't address the issue of non-remunerative prices for perishable agricultural produce, a plank of the farmers' agitation. Also, the scheme doesn't deal with inefficiencies at the mandis or cartelisation, both of which are responsible for farmers not getting their due. &amp;quot;We will address mandi reforms administratively in the months to come,&amp;quot; says principal secretary, agriculture, Rajesh Rajora.&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Sakti_Burman</id>
		<title>Sakti Burman</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Sakti_Burman"/>
				<updated>2019-02-18T05:26:45Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: &lt;/p&gt;
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&lt;br /&gt;
[[Category:India |B ]]&lt;br /&gt;
[[Category:Arts |B ]]&lt;br /&gt;
&lt;br /&gt;
= A Brief =&lt;br /&gt;
[https://www.indiatoday.in/magazine/leisure/story/20171030-art-sakti-burman-indian-artists-ranjit-hoskote-1067368-2017-10-20#ssologin=1#source=magazine Rinky Kumar , Surreal strokes “India Today” 30/10/2017]&lt;br /&gt;
&lt;br /&gt;
Sakti Burman, one of the most prominent contemporary Indian artists, is known for paintings inspired by Indian and European mythology. He uses the techniques of pointillism and marbling, and it's difficult to distinguish the real from the surreal in his works. Poet and cultural theorist Ranjit Hoskote aspires to show all this through 'In the Presence of Another Sky: Sakti Burman', a Retrospective, which chronicles 70 years of Burman's tempestuous life and displays 250 of his works. Presented by the National Gallery of Modern Art, Mumbai, in association with Art Musings (a city art gallery), the exhibition runs through November 26 at NGMA.&lt;br /&gt;
&lt;br /&gt;
Born in 1935 in Vidyakut (now in Bangladesh), Burman spent his formative years in Dibrugarh, later moving to France where he resides today. His works bear testimony to his memories and extensive travels and feature humans, animals and cityscapes in dream-like sequences. &amp;quot;Sakti straddles cultures in civilisation and time,&amp;quot; said Hoskote. &amp;quot;His works are trans-historical. The retrospective is to honour that kind of trans-cultural imagination. It's the need of the hour when everybody's imagination is getting narrow and hard-edged. We need to celebrate an artist who is inspired as much by the Ajantas as by Pompeii, Kali Ghat and the architecture of Paris.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
The retrospective features two of Burman's works from 1950, when he was a student, his most recent paintings of this year as well as drawings, lithographs, textile designs, sketchbooks and illustrations. &amp;quot;My point was to bear witness to the plenitude of his artistic production,&amp;quot; said Hoskote. The show also features Burman's six-month work for a Paris design studio in the early '60s and his lithographic illustrations for a limited edition of the French translation of Rabindranath Tagore's Gitanjali.&lt;br /&gt;
&lt;br /&gt;
Hoskote and Burman have known each other for 27 years and collaborated on a book that juxtaposed the curator's poems with the artist's images. &amp;quot;Sakti spent his first decade in the shadow of World War II and Partition. When he moved to Europe, the continent had barely recovered from the war. It was against these upheavals that he came to the notions of beauty and the sublime. When you are tracing through 70 years of an artist's life, you are coursing through how these different facets influence his being,&amp;quot; said Hoskote.&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Sakti_Burman</id>
		<title>Sakti Burman</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Sakti_Burman"/>
				<updated>2019-02-18T05:24:40Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: Created page with &amp;quot;{| class=&amp;quot;wikitable&amp;quot; |- |colspan=&amp;quot;0&amp;quot;|&amp;lt;div style=&amp;quot;font-size:100%&amp;quot;&amp;gt; This is a collection of articles archived for the excellence of their content.&amp;lt;br/&amp;gt; &amp;lt;/div&amp;gt; |}  [[Category:Ind...&amp;quot;&lt;/p&gt;
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This is a collection of articles archived for the excellence of their content.&amp;lt;br/&amp;gt;&lt;br /&gt;
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|}&lt;br /&gt;
&lt;br /&gt;
[[Category:India |B ]]&lt;br /&gt;
[[Category:Arts |B ]]&lt;br /&gt;
&lt;br /&gt;
= Sakti Burman =&lt;br /&gt;
[https://www.indiatoday.in/magazine/leisure/story/20171030-art-sakti-burman-indian-artists-ranjit-hoskote-1067368-2017-10-20#ssologin=1#source=magazine Rinky Kumar , Surreal strokes “India Today” 30/10/2017]&lt;br /&gt;
&lt;br /&gt;
Sakti Burman, one of the most prominent contemporary Indian artists, is known for paintings inspired by Indian and European mythology. He uses the techniques of pointillism and marbling, and it's difficult to distinguish the real from the surreal in his works. Poet and cultural theorist Ranjit Hoskote aspires to show all this through 'In the Presence of Another Sky: Sakti Burman', a Retrospective, which chronicles 70 years of Burman's tempestuous life and displays 250 of his works. Presented by the National Gallery of Modern Art, Mumbai, in association with Art Musings (a city art gallery), the exhibition runs through November 26 at NGMA.&lt;br /&gt;
&lt;br /&gt;
Born in 1935 in Vidyakut (now in Bangladesh), Burman spent his formative years in Dibrugarh, later moving to France where he resides today. His works bear testimony to his memories and extensive travels and feature humans, animals and cityscapes in dream-like sequences. &amp;quot;Sakti straddles cultures in civilisation and time,&amp;quot; said Hoskote. &amp;quot;His works are trans-historical. The retrospective is to honour that kind of trans-cultural imagination. It's the need of the hour when everybody's imagination is getting narrow and hard-edged. We need to celebrate an artist who is inspired as much by the Ajantas as by Pompeii, Kali Ghat and the architecture of Paris.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
The retrospective features two of Burman's works from 1950, when he was a student, his most recent paintings of this year as well as drawings, lithographs, textile designs, sketchbooks and illustrations. &amp;quot;My point was to bear witness to the plenitude of his artistic production,&amp;quot; said Hoskote. The show also features Burman's six-month work for a Paris design studio in the early '60s and his lithographic illustrations for a limited edition of the French translation of Rabindranath Tagore's Gitanjali.&lt;br /&gt;
&lt;br /&gt;
Hoskote and Burman have known each other for 27 years and collaborated on a book that juxtaposed the curator's poems with the artist's images. &amp;quot;Sakti spent his first decade in the shadow of World War II and Partition. When he moved to Europe, the continent had barely recovered from the war. It was against these upheavals that he came to the notions of beauty and the sublime. When you are tracing through 70 years of an artist's life, you are coursing through how these different facets influence his being,&amp;quot; said Hoskote.&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/The_Reserve_Bank_of_India</id>
		<title>The Reserve Bank of India</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/The_Reserve_Bank_of_India"/>
				<updated>2019-02-17T16:15:38Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: &lt;/p&gt;
&lt;hr /&gt;
&lt;div&gt;[[File: Governors of RBI since 1991.jpg|Governors of RBI since 1991; Graphic courtesy: [http://epaperbeta.timesofindia.com/Gallery.aspx?id=20_06_2016_017_024_002&amp;amp;type=P&amp;amp;artUrl=RAJANS-REPORT-CARD-IN-GOVERNORS-CLASS-20062016017024&amp;amp;eid=31808 ''The Times of India'']|frame|500px]] &lt;br /&gt;
&lt;br /&gt;
{| class=&amp;quot;wikitable&amp;quot;&lt;br /&gt;
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This is a collection of articles archived for the excellence of their content.&amp;lt;br/&amp;gt;You can help by converting these articles into an encyclopaedia-style entry,&amp;lt;br /&amp;gt;deleting portions of the kind normally not used in encyclopaedia entries.&amp;lt;br/&amp;gt;Please also fill in missing details; put categories, headings and sub-headings;&amp;lt;br/&amp;gt;and combine this with other articles on exactly the same subject.&amp;lt;br/&amp;gt;&lt;br /&gt;
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Readers will be able to edit existing articles and post new articles directly &amp;lt;br/&amp;gt;  on their online archival encyclopædia only after its formal launch.&lt;br /&gt;
&lt;br /&gt;
See [[examples]] and a tutorial.&amp;lt;/div&amp;gt;&lt;br /&gt;
|}&lt;br /&gt;
[[Category:India|R]]&lt;br /&gt;
[[Category: Economy-Industry-Resources|R]]&lt;br /&gt;
[[Category:Government |R]]&lt;br /&gt;
[[Category:Name|Alphabet]]&lt;br /&gt;
&lt;br /&gt;
=History=&lt;br /&gt;
[https://rbi.org.in/History/Brief_History.html rbi.org]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Reserve Bank of India is the central bank of the country. Central banks are a relatively recent innovation and most central banks, as we know them today, were established around the early twentieth century.&lt;br /&gt;
&lt;br /&gt;
The Reserve Bank of India was set up on the basis of the recommendations of the Hilton Young Commission. The Reserve Bank of India Act, 1934 (II of 1934) provides the statutory basis of the functioning of the Bank, which commenced operations on April 1, 1935.&lt;br /&gt;
&lt;br /&gt;
The Bank was constituted to:&lt;br /&gt;
&lt;br /&gt;
* Regulate the issue of banknotes&lt;br /&gt;
&lt;br /&gt;
* Maintain reserves with a view to securing monetary stability and&lt;br /&gt;
&lt;br /&gt;
* To operate the credit and currency system of the country to its advantage.&lt;br /&gt;
&lt;br /&gt;
The Bank began its operations by taking over from the Government the functions so far being performed by the Controller of Currency and from the Imperial Bank of India, the management of Government accounts and public debt. The existing currency offices at Calcutta, Bombay, Madras, Rangoon, Karachi, Lahore and Cawnpore (Kanpur) became branches of the Issue Department. Offices of the Banking Department were established in Calcutta, Bombay, Madras, Delhi and Rangoon.&lt;br /&gt;
&lt;br /&gt;
Burma (Myanmar) seceded from the Indian Union in 1937 but the Reserve Bank continued to act as the Central Bank for Burma till Japanese Occupation of Burma and later upto April, 1947. After the partition of India, the Reserve Bank served as the central bank of Pakistan upto June 1948 when the State Bank of Pakistan commenced operations. The Bank, which was originally set up as a shareholder's bank, was nationalised in 1949.&lt;br /&gt;
&lt;br /&gt;
An interesting feature of the Reserve Bank of India was that at its very inception, the Bank was seen as playing a special role in the context of development, especially Agriculture. When India commenced its plan endeavours, the development role of the Bank came into focus, especially in the sixties when the Reserve Bank, in many ways, pioneered the concept and practise of using finance to catalyse development. The Bank was also instrumental in institutional development and helped set up insitutions like the Deposit Insurance and Credit Guarantee Corporation of India, the Unit Trust of India, the Industrial Development Bank of India, the National Bank of Agriculture and Rural Development, the Discount and Finance House of India etc. to build the financial infrastructure of the country.&lt;br /&gt;
&lt;br /&gt;
With liberalisation, the Bank's focus has shifted back to core central banking functions like Monetary Policy, Bank Supervision and Regulation, and Overseeing the Payments System and onto developing the financial markets.&lt;br /&gt;
 &lt;br /&gt;
&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=A-bank-central-to-monetary-policy-22082016013031 ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
'''Which was India's first central bank?'''&lt;br /&gt;
&lt;br /&gt;
The first central bank was the Imperial Bank of India formed in 1921 by merging the Presidency banks. The bank was further enlarged by the merger of several banks owned by princely states like Jaipur, Mysore and Patiala.&lt;br /&gt;
&lt;br /&gt;
The Imperial Bank of India was supposed to perform three functions -commercial banking, central banking and banker of the government. By 1930, there were 1,258 banking institutions in the country registered under the Companies Act. Of these, the Imperial Bank was the most dominant.The global economy was passing through the Great Depression and this resulted in the failure of many banks in India as well. Various committees set up to study the Indian banking system recommend ed the formation of a central bank which was free from commercial banking. In most modern economies, central banks were formed largely to tackle the failure of unorganised banking by enforcing regulatory safeguards.&lt;br /&gt;
&lt;br /&gt;
'''When was the Reserve Bank of India formed?'''&lt;br /&gt;
&lt;br /&gt;
The bank was formed in 1935 by the Reserve Bank of India Act, 1934. The objectives included being the banker of the government and other banks, to maintain the exchange ratio and to regulate issue of bank notes. The overall objective of the bank was to secure monetary stability.&lt;br /&gt;
&lt;br /&gt;
'''What are its current roles?'''&lt;br /&gt;
&lt;br /&gt;
The bank formulates, implements and monitors India's monetary policy. It monitors and regulates the financial system through prescribing broad parameters of banking operations to ensure public confidence in the system and protect depositors' interests.The bank also manages foreign trade and monitors foreign exchange reserves. It is the only authority that has the right to issue or destroy currency .&lt;br /&gt;
&lt;br /&gt;
'''How is the bank governed?'''&lt;br /&gt;
&lt;br /&gt;
Like other central banks, the RBI too is an independent entity within the government.It is governed by a central board of directors appointed by the government according to the Reserve Bank of India Act. The board is appointed for four years with a governor and not more than four deputy governors as official directors. There are also 10 directors nominated by the government, two government officials and four directors -one each from local boards -who act as non-official directors.&lt;br /&gt;
&lt;br /&gt;
=Reserve Bank of India Act of 1934=&lt;br /&gt;
==What is Section 7 of the Reserve Bank of India Act of 1934==&lt;br /&gt;
[[File: Sec 7 of the Reserve Bank of India Act of 1934.jpg|Sec 7 of the Reserve Bank of India Act of 1934 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F10%2F31&amp;amp;entity=Ar00501&amp;amp;sk=13998587&amp;amp;mode=text  Mayur Shetty, Will govt invoke Sec 7 for 1st time if RBI logjam persists?, October 31, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
'''See graphic''':&lt;br /&gt;
&lt;br /&gt;
''Sec 7 of the Reserve Bank of India Act of 1934''&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Sec 7 application considered in 2018, Oct==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F10%2F31&amp;amp;entity=Ar00501&amp;amp;sk=13998587&amp;amp;mode=text  Mayur Shetty, Will govt invoke Sec 7 for 1st time if RBI logjam persists?, October 31, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
''Is Said To Have Referred To The Law Recently''&lt;br /&gt;
&lt;br /&gt;
No government has invoked Section 7 of the Reserve Bank of India Act of 1934 in the central bank’s 83-year history.&lt;br /&gt;
&lt;br /&gt;
It is seen as an instrument of last resort, a direct order from the government of the day to the central bank to carry out its wishes (see graphic, ‘In Public Interest’).&lt;br /&gt;
&lt;br /&gt;
The Modi government, despite its growing frustration with the Urjit Patel-led RBI, has resisted suggestions that it invoke Section 7 to increase liquidity, ease pressure on banks and businesses, and boost economic growth. But there are indications that via recent communications, it has initiated a consultative process with the RBI in three areas of concern and while doing so, has mentioned Section 7 without actually invoking it.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Was fear of Section 7 behind RBI dy guv’s attack on govt?'''&lt;br /&gt;
&lt;br /&gt;
The government is learned to have recently initiated a consultative process with the RBI in three areas of concern – power sector loans, ‘prompt corrective action’ (PCA), and special dispensation for micro-small and medium enterprises (MSMEs) – and while doing so, mentioned Section 7, without actually invoking it. The Section says, “The Central Government may from time to time give such directions to the Bank as it may, after consultation with the Governor of the Bank, consider necessary in the public interest.”&lt;br /&gt;
&lt;br /&gt;
The government’s move is significant as such a consultative process could potentially lead to the government issuing directions should the logjam persist. The issue of invoking Section 7 first came up during a hearing before the Allahabad high court in a case filed by the Independent Power Producers challenging the RBI’s February 12 circular which did away with all restructuring schemes for loans in default. After the counsel for RBI pointed out that legally the government could issue directions to the central bank, the court in its ruling in August said such a move could be considered.&lt;br /&gt;
&lt;br /&gt;
Historically, whenever governors have spoken about the independence of the central bank, they have never failed to point out that Section 7 has never been used.&lt;br /&gt;
&lt;br /&gt;
A senior official in the government said there has so far been no move to invoke Section 7. Another person, when asked, said, “Communication between the government and the central bank is sacrosanct and cannot be disclosed.”&lt;br /&gt;
&lt;br /&gt;
There is some speculation that it was the government’s mention of section 7 that was the trigger for deputy governor Viral Acharya’s outburst against the government last Friday. While he did not make any reference to the Section, he did speak about how the government could undermine the independence of the central bank by ‘blocking or opposing rule-based central banking policies and favouring instead discretionary or joint decisionmaking with direct government interventions’.&lt;br /&gt;
&lt;br /&gt;
The government wants norms for non-performing assets in the power sector – which currently require companies to be referred to bankruptcy courts -- to be relaxed. Once admitted, the companies have to be either sold or liquidated.&lt;br /&gt;
&lt;br /&gt;
Its concern about 'prompt corrective action' is that the classification of PCA has placed lending and expansion curbs on 11 public sector and one private bank, which it believes is choking fund flows to several sectors. The government has also been worried about the fate of MSMEs, and is keen that the definition of bad loans be softened.&lt;br /&gt;
&lt;br /&gt;
A broader concern is about the liquidity situation which has taken a turn for the worse after a series of defaults by IL&amp;amp;FS in September. The defaults have had a cascading impact — MFs that had invested in IL&amp;amp;FS debt were hit, corporates who had put shortterm funds in MFs turned cautious, and the funds themselves turned cautious about putting money in financial companies.&lt;br /&gt;
&lt;br /&gt;
=Central board of directors=&lt;br /&gt;
==The Central Board==&lt;br /&gt;
The Reserve Bank's affairs are governed by a central board of directors. The board is appointed by the Government of India in keeping with the Reserve Bank of India Act.&lt;br /&gt;
&lt;br /&gt;
•	Appointed/nominated for a period of four years&lt;br /&gt;
&lt;br /&gt;
Constitution:&lt;br /&gt;
&lt;br /&gt;
o	Official Directors&lt;br /&gt;
&lt;br /&gt;
♣	Full-time : Governor and not more than four Deputy Governors&lt;br /&gt;
&lt;br /&gt;
o	Non-Official Directors&lt;br /&gt;
&lt;br /&gt;
♣	Nominated by Government: ten Directors from various fields and two government Official&lt;br /&gt;
&lt;br /&gt;
♣	Others: four Directors - one each from four local boards&lt;br /&gt;
&lt;br /&gt;
Functions : General superintendence and direction of the Bank's affairs&lt;br /&gt;
&lt;br /&gt;
===The Board, as in 2018===&lt;br /&gt;
[[File: The RBI’s Central board of directors, as in 2018.jpg|The RBI’s Central board of directors, as in 2018. &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F11&amp;amp;entity=Ar00314&amp;amp;sk=1E299772&amp;amp;mode=text  Sidhartha, December 11, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
'''See graphic''':&lt;br /&gt;
&lt;br /&gt;
''The RBI’s Central board of directors, as in 2018''&lt;br /&gt;
&lt;br /&gt;
==Local Boards==&lt;br /&gt;
•	One each for the four regions of the country in Mumbai, Calcutta, Chennai and New Delhi&lt;br /&gt;
&lt;br /&gt;
Membership:&lt;br /&gt;
&lt;br /&gt;
•	consist of five members each&lt;br /&gt;
&lt;br /&gt;
•	appointed by the Central Government&lt;br /&gt;
&lt;br /&gt;
•	for a term of four years&lt;br /&gt;
&lt;br /&gt;
Functions : To advise the Central Board on local matters and to represent territorial and economic interests of local cooperative and indigenous banks; to perform such other functions as delegated by Central Board from time to time.&lt;br /&gt;
&lt;br /&gt;
==Why RBI is not comfortable with active boards==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F06&amp;amp;entity=Ar02101&amp;amp;sk=3514EE46&amp;amp;mode=text  Mayur Shetty, Why RBI is not comfortable with a more active board, November 6, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: Industrialists on RBI Board.jpg|Industrialists on RBI Board &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F06&amp;amp;entity=Ar02101&amp;amp;sk=3514EE46&amp;amp;mode=text  Mayur Shetty, Why RBI is not comfortable with a more active board, November 6, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
''Bizmen In Rule-Debating Role Raise Conflict Of Interest Issue''&lt;br /&gt;
&lt;br /&gt;
An active board seeking a say in bank regulation has thrown up questions about conflict of interest, given the presence of industrialists on the board of the Reserve Bank of India (RBI).&lt;br /&gt;
&lt;br /&gt;
Traditionally, the RBI board had a strong presence of eminent industrialists like Ratan Tata, N R Narayana Murthy and Azim Premji. It has also included chiefs of highly indebted groups like K P Singh of DLF and G M Rao of the GMR Group. However, there was never any conflict of interest as the minutiae of bank regulation or monetary policy never came up to the board. That’s because, until now, the RBI board only gave a broad direction that the central bank should take.&lt;br /&gt;
&lt;br /&gt;
But in the October 23 board meeting, some directors are understood to have turned vocal on a few RBI regulations. According to a senior former central banker, there would be conflict of interest if these businessmen had advance information of RBI’s regulations. He was reacting to reports that some directors wanted the RBI central board to play a more active role and deliberate on regulations. There is talk of the board wanting to push through five decisions, which includes issues such as regulatory forbearance and allowing weak banks to lend, in the forthcoming RBI board meet on November 19.&lt;br /&gt;
&lt;br /&gt;
Sources close to the central bank also point out that, unlike boards constituted under The Companies Act, the RBI Act 1934 grants the governor with powers that are concurrent with the board. They refer to clause 3 of the hotly debated Section 7 of the RBI Act. While the first clause confers powers on the government to give directions to the RBI, the third part indicates that the governor shares power.&lt;br /&gt;
&lt;br /&gt;
This clause 3 states, “Save as otherwise provided in regulations made by the central board, the governor and in his absence the deputy governor nominated by him in this behalf, shall also have powers of general superintendence and direction of the affairs and the business of the bank, and may exercise all powers and do all acts and things which may be exercised or done by the bank.” A source said, “The choice of the words ‘shall also have powers’ indicates that these are concurrent with the board.”&lt;br /&gt;
&lt;br /&gt;
According to sources, the powers of the governor are reiterated in the Reserve Bank of India, General Regulations, 1949, which also addresses the issue of conflict of interest between board decisions and individual interests of directors. “You can imagine what would happen if an issue like the February 12 circular on recognition of non-performing assets came up to a board that included owners of highly indebted companies,” a source said.&lt;br /&gt;
&lt;br /&gt;
=How other central banks function=&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F10%2F30&amp;amp;entity=Ar02204&amp;amp;sk=41DBD133&amp;amp;mode=text  Source: Central bank websites, agencies, WSJ, How other central banks function, October 30, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: The US government’s frictions with its central bank under President Trump.jpg|The US government’s frictions with its central bank under President Trump &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F10%2F30&amp;amp;entity=Ar02204&amp;amp;sk=41DBD133&amp;amp;mode=text  Source: Central bank websites, agencies, WSJ, How other central banks function, October 30, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''The US Federal Reserve''': Like other central banks, the Fed is an independent government agency. It is accountable to the public and the US Congress. Members of the board of governors are appointed for staggered 14-year terms and the board chair is appointed for a four-year term. Elected officials and members of the administration are not allowed to serve on the board. The Fed does not receive funding through the congressional budgetary process. The financial statements of the Federal Reserve Banks and the board of governors are audited annually by an independent, outside auditor.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''The Bank of England (BoE)''': The BoE is owned by the UK government. It has specific statutory responsibilities for setting policy rates, carried out within a framework set by government but free from day-to-day political influence. Parliament gives specific goals and responsibilities. The government sets the target — which is 2%. A panel meets to agree interest rate decisions eight times a year. There are other panels on other issues, which ensures that the financial system is working properly to serve UK households and businesses. The BoE is answerable to both parliament and the public.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''European Central Bank (ECB)''': It manages the euro and implements monetary and economic policy for the EU. Probably the most independent of central banks, the ECB charter prevents it from backing any government. However, it is criticised as being non-independent because it is at the mercy of the governments of Europe’s creditor countries.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Bank of Japan''': It has a legal mandate to maintain price stability. The government is not allowed to sack the central bank governor or members of the board but parliamentarians have the right to appoint them. Bank regulation is done by the Financial Services Agency.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''People’s Bank of China''': The Chinese central bank is subservient to the communist party and its national objectives. It is responsible for mainlining growth, price stability, currency stability and health of financial sector.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Central Bank of Argentina''': RBI deputy governor Viral Acharya used the example of the constitutional crisis in Argentina. The Cristina Fernandez-led government in 2010 attempted to raid the central bank’s reserves, resulting in bond yields shooting up and foreign investors exiting.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Turkey Central Bank''': The sharp depreciation in emerging market currencies was seen to have been triggered by the fall in the Turkish lira. The collapse of the lira has been attributed to Turkish president Recep Tayyip Erdogan taking control of Central Bank of the Republic of Turkey and preventing it from raising rates.&lt;br /&gt;
&lt;br /&gt;
=The post of Governor=&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=No-age-cap-fixed-rules-for-RBI-top-20062016017020 ''The Times of India''], June 20, 2016&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Who can be an RBI governor?'''&lt;br /&gt;
&lt;br /&gt;
Unlike the appointment of fo ur deputy governors, there are no fixed rules. But most RBI governors have been civil servants (11), followed by economists (five). There has also been one banker, an insurance company executive and one RBI employee who have gone on to be the governor.&lt;br /&gt;
&lt;br /&gt;
'''How are candidates selected?'''&lt;br /&gt;
&lt;br /&gt;
In the past, candidates were shortlisted by the government, and the Prime Minister appointed the governor in consultation with the finance mi nister. On some oc casions, some of the candidates we re called for an in LEARNING formal interaction WITH THE TIMES with the finance mi nister (D Subbarao was appointed through this route) although the final decision was taken by the PM. Now, the government has tasked a committee headed by the Cabinet secretary to shortlist candidates and the final decision will be taken by PM Narendra Modi.&lt;br /&gt;
&lt;br /&gt;
'''Is there an age cap or are some qualifications stipulated?'''&lt;br /&gt;
&lt;br /&gt;
No, there is neither an age restriction nor qualifications are specified in the law. Governments have opted for those with understanding of overall economy , the financial sector as well as those familiar with th functioning of the government&lt;br /&gt;
&lt;br /&gt;
'''What is the RBI governor' tenure?'''&lt;br /&gt;
&lt;br /&gt;
The RBI Act allows the government to specify the term but the ? tenure cannot exceed five years, with a possibility of reappointe ment. In recent years, only S Venkitaramanan, who spent two years as RBI governor, has had a shorter stint than Raghus ram Rajan.&lt;br /&gt;
&lt;br /&gt;
=Selection of Governor, Dy. Governor=&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=In-a-first-panel-to-list-RBI-guv-11062016001061 The Times of India], Jun 11 2016 &lt;br /&gt;
&lt;br /&gt;
Rajeev Deshpande&lt;br /&gt;
&lt;br /&gt;
In a break from tradition, the government has tasked a selection committee headed by cabinet secretary P K Sinha with shortlisting candidates for Reserve Bank of India governor -a decision that was taken earlier by the Prime Minister in consultation with the finance minister.&lt;br /&gt;
In the past, chiefs of other regulatory bodies -including insurance, pension and Sebi -have been shortlisted by search committees. But this will be the first time the RBI governor will be appointed similar ly, signalling a major shift in government stance and ending the special treatment given to central bank chiefs. The decision to route the RBI governor's appointment through the financial sector regulatory appointment search committee (FSRASC) seems intended to cool speculation over Raghuram Rajan being considered for a second term.&lt;br /&gt;
&lt;br /&gt;
The FSRASC, set up in 2015, had interviewed candidates for Sebi chief. In February 2016, the government ignored its recommendation and reappointed U K Sinha for a year. A part from the cabinet secretary, the committe comprises additional principal secretary to PM P K Mishra, who is a permanent government nominee, and three outside experts -Rajiv Kumar of Centre for Policy Research, Manoj Panda of the Institute of Economic Growth and Bimal N Patel from Gujarat National Law University. A finance ministry representative will be a special invitee. The panel's recommendation will be sent to the appointments committee of cabinet headed by the PM, which will decide on the governor.&lt;br /&gt;
&lt;br /&gt;
Going by the current thinking in official circles, a second term for Rajan could well be on the cards despite occasional reports that put him at cross-purposes with the government over issues like rate cuts or `Make in India'. At the same time, the government does not seem keen to imbue the appointment with a greater profile of attention. The committee route would be in sync with PM Narendra Modi's remark that the appointment is an “administrative decision“ that will be taken closer to September when Rajan's term ends.&lt;br /&gt;
&lt;br /&gt;
The committee's recomendation for RBI deputy governor was a break from past practice as previously, the head of the regulatory body presided over the selection committee. This time around, the RBI governor was a member of the FSRASC.&lt;br /&gt;
&lt;br /&gt;
The process of making top-level appointments to regulatory bodies has been problematic, with the choices often being seen to be politically influenced. Even with the committee-bound process, the choice for sensitive posts will no doubt be vetted by the political authority. But the decision to make FSRASC the recommending body that could well put up a single name instead of a short list for a regulator is aimed at reducing discretion and putting all such bodies on a par.&lt;br /&gt;
&lt;br /&gt;
=Salary and perquisites of RBI governors=&lt;br /&gt;
==2016: Urjit Patel’s package==&lt;br /&gt;
[http://timesofindia.indiatimes.com/business/india-business/RBI-governor-Urjit-Patel-gets-Rs-2-lakh-a-month-pay-no-support-staff-at-home/articleshow/55788608.cms  December 4, 2016: The Times of India]&lt;br /&gt;
&lt;br /&gt;
''' ''RBI governor Urjit Patel gets Rs 2 lakh a month pay, no support staff at home'' '''&lt;br /&gt;
&lt;br /&gt;
'''HIGHLIGHTS'''&lt;br /&gt;
&lt;br /&gt;
RBI governor Urjit Patel gets a little over Rs 2 lakh as salary&lt;br /&gt;
&lt;br /&gt;
RBI governor Urjit Patel gets a little over Rs 2 lakh as salary and has not been provided with any support staff at his residence, the central bank has said.&lt;br /&gt;
&lt;br /&gt;
Patel, who took over as RBI Governor in September+ , is presently in possession of the bank's flat (Deputy Governor's flat) in Mumbai, it said. &amp;quot;No support staff has been provided to the present Governor, Urjit Patel at his residence. Two cars and two drivers have been provided to the present Governor,&amp;quot; RBI said in reply to an RTI query.&lt;br /&gt;
&lt;br /&gt;
The bank was asked to provide details of remuneration given to former RBI governor Raghuram Rajan+ and incumbent Patel.&lt;br /&gt;
For the month of October — the first full month Patel was in office as Governor — Patel got Rs 2.09 lakh as his salary, the same amount drawn by Rajan as his August's salary. Rajan demitted office on September 4, and was given Rs 27,933 as remuneration for four days.&lt;br /&gt;
&lt;br /&gt;
Rajan assumed the charge of RBI Governor from September 5, 2013 at a monthly salary of Rs 1.69 lakh. His salary was revised to Rs 1.78 lakh and Rs 1.87 lakh respectively during 2014 and March 2015. His salary was hiked to Rs 2.09 lakh from Rs 2.04 lakh in January 2016, the RTI reply said.&lt;br /&gt;
&lt;br /&gt;
Rajan was provided with three cars and four drivers. &amp;quot;One caretaker and nine maintenance attendants were posted as supporting staff in the bungalow provided by the bank to the former Governor Raghuram Rajan at Mumbai,&amp;quot; RBI said.&lt;br /&gt;
&lt;br /&gt;
The Centre has recently declined to share details on appointment of Patel and other candidates shortlisted for the top post in the central bank saying these are &amp;quot;cabinet papers&amp;quot; and cannot be made public. Patel was on August 20 named as RBI's Governor to succeed Rajan.&lt;br /&gt;
&lt;br /&gt;
==2017, pay hike: Rs 2.5 lakh/month==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=RBI-governors-pay-hiked-to-Rs-25L-per-03042017008029  RBI governor's pay hiked to Rs 2.5L per mth, April 3, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
RBI governor Urjit Patel and his deputies have got a big pay hike with the government more than doubling their basic salary to Rs 2.5 lakh and Rs 2.25 lakh per month, respectively .&lt;br /&gt;
The “basic pay of the governor and deputy governors“ have been revised retrospectively with effect from January 1, 2016 and marks a huge jump from Rs 90,000 basic pay so far drawn by the Governor and Rs 80,000 for his deputies. Still, their salaries are much lower than the top executives of various banks regulated by the RBI.The RBI, however, did not disclose the new gross pay for Patel and his deputies following the revision in basic pay.&lt;br /&gt;
&lt;br /&gt;
=Governors of the Reserve Bank of India=&lt;br /&gt;
==1935- 2013: complete list==&lt;br /&gt;
[http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&amp;amp;Source=Page&amp;amp;Skin=TOINEW&amp;amp;BaseHref=CAP/2013/08/07&amp;amp;PageLabel=22&amp;amp;ForceGif=true&amp;amp;EntityId=Ar02206&amp;amp;ViewMode=HTML The Times of India] 2013/08/07&lt;br /&gt;
&lt;br /&gt;
[[File: rbiGova.png||frame|left|500px]]&lt;br /&gt;
[[File: rbiGovb.png||frame|500px]]&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
[[File: Governors of RBI since 1935.jpg|Governors of RBI since 1935; Graphic courtesy: [http://epaperbeta.timesofindia.com/Gallery.aspx?id=21_08_2016_017_017_001&amp;amp;type=P&amp;amp;artUrl=GOVERNORS-IN-LIBERALIZED-INDIA-21082016017017&amp;amp;eid=31808 ''The Times of India''], August 21, 2016|frame|500px]] &lt;br /&gt;
&lt;br /&gt;
[[File: Interest rates, inflation and GDP growth during the tenures of RBI Governors, 1990-April 2016.jpg| Interest rates, inflation and GDP growth during the tenures of RBI Governors, 1990-April 2016; Graphic courtesy: [http://epaperbeta.timesofindia.com/Gallery.aspx?id=16_04_2016_021_021_010&amp;amp;type=P&amp;amp;artUrl=Rate-cut-depends-on-raindrops-Rajan-16042016021021&amp;amp;eid=31808 ''The Times of India''], April 16, 2016|frame|500px]] &lt;br /&gt;
&lt;br /&gt;
[[File: Rates during the regime of RBI governor Mr. Raghuram Rajan, September 2013-September 2016.jpg|Rates during the regime of RBI governor Mr. Raghuram Rajan, September 2013-September 2016; Graphic courtesy: [http://epaperbeta.timesofindia.com/Gallery.aspx?id=10_08_2016_027_050_009&amp;amp;type=P&amp;amp;artUrl=Rates-unchanged-but-Rajans-cash-promise-trims-yields-10082016027050&amp;amp;eid=31808 ''The Times of India''], August 10, 2016|frame|500px]] &lt;br /&gt;
&lt;br /&gt;
== Duvvuri Subbarao: 2008-2013==&lt;br /&gt;
Subbarao, man who fell into cauldron of woes&lt;br /&gt;
 &lt;br /&gt;
Surojit Gupta | TNN &lt;br /&gt;
&lt;br /&gt;
[http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&amp;amp;Source=Page&amp;amp;Skin=TOINEW&amp;amp;BaseHref=CAP/2013/08/07&amp;amp;PageLabel=22&amp;amp;EntityId=Ar02205&amp;amp;ViewMode=HTML The Times of India] 2013/08/07&lt;br /&gt;
&lt;br /&gt;
New Delhi: For Duvvuri Subbarao it was baptism by fire when he took over the reins of the Reserve Bank of India nearly five years ago. &lt;br /&gt;
&lt;br /&gt;
As soon as he stepped into the corner office at the central bank headquarters in Mumbai’s Mint Road, a tsunami struck the global financial system. The force of the 2008 global financial meltdown meant that RBI had to call on all its resources to shield the economy from being brutalized. &lt;br /&gt;
&lt;br /&gt;
Subbarao, a mild-mannered former civil servant, remained unfazed. With the government, he scripted a recovery process stabilizing the economy, helping it weather the storm better than some of its peers. &lt;br /&gt;
&lt;br /&gt;
But this was short-lived. The economy was buffeted by stubborn inflation, including double-digit food inflation, prompting the central bank to focus on taming prices. It raised rates furiously, almost 13 times, to throttle inflation. &lt;br /&gt;
&lt;br /&gt;
Of late, frosty ties between RBI and the finance ministry have dominated discussions. Critics slammed the policy to tackle inflation while the government sometimes expressed disappointment. Finance minister P Chidambaram, who is careful with words, appeared disappointed as RBI left interest rates unchanged. &lt;br /&gt;
&lt;br /&gt;
“Growth is as much a challenge as inflation. If the government has to walk alone to face the challenge of growth then we will walk alone,” Chidambaram said highlighting the need for an inflation-growth balance. &lt;br /&gt;
&lt;br /&gt;
Adding to Subbarao’s problems, the fiscal situation deteriorated. Growth slowed. Scandals and policy missteps, such as retrospective taxes forced investors to the sidelines. Subbarao bravely continued calling for action on the fiscal front to enable him to slash interest rates. That didn’t happen until Chidambaram stepped in as finance minister in September. His reform initiatives helped restore the health of public finances. RBI obliged with a rate cut. But this came with a caveat on the ch a l l e n g e s on the prices front. &lt;br /&gt;
&lt;br /&gt;
As things appeared to settle down, the crisis on the currency front emerged, prompting RBI to work towards taming the volatile forex market. &lt;br /&gt;
&lt;br /&gt;
Some economists said the RBI under Subbarao misjudged the signals. “You cannot separate two or three issues, one of which is that when it comes to inflation and growth, both monetary and fiscal policies matter. In my assessment, the country had the most unfortunate fiscal policies compounded by the most unfortunate monetary policy,” economist Surjit Bhalla said. “The RBI misjudged the economy, determinant of inflation, determination of growth and determinant of the exchange rate.” &lt;br /&gt;
&lt;br /&gt;
He said the RBI under Subbarao had misjudged food inflation and hiked rates. “What could’ve been a virtuous cycle has been turned into a vicious cycle,” Bhalla said. Not all would agree with such a harsh summation.&lt;br /&gt;
&lt;br /&gt;
==Raghuram Rajan==&lt;br /&gt;
[[Raghuram Rajan]]&lt;br /&gt;
&lt;br /&gt;
==Urjit Patel==&lt;br /&gt;
===2016-18===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F08%2F27&amp;amp;entity=Ar01714&amp;amp;sk=C1069BC6&amp;amp;mode=text  Mayur Shetty, After 2 years as RBI governor, Patel nears bad debt endgame, August 27, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: The first two years of Urjit Patel’s innings as the Governor of the RBI- Economic indicators 2016-18.jpg|The first two years of Urjit Patel’s innings as the Governor of the RBI- Economic indicators 2016-18 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F08%2F27&amp;amp;entity=Ar01714&amp;amp;sk=C1069BC6&amp;amp;mode=text  Mayur Shetty, After 2 years as RBI governor, Patel nears bad debt endgame, August 26, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
When Urjit Patel was appointed the 24th governor of the Reserve Bank of India (RBI) in August 2016, TOI had cautioned those who saw him as a pro-administration governor, pointing out that he was an inflation hawk.&lt;br /&gt;
&lt;br /&gt;
As he completes two years in office next week (he took over from the previous RBI governor Raghuram Rajan on September 4, 2016), Patel has demonstrated that he is no pushover. Whether it is interest rates, non-performing assets (NPAs) or the issue of public sector bank regulation — Patel has not shied away from locking horns with the government.&lt;br /&gt;
&lt;br /&gt;
While his first year as the head of the central bank was overshadowed by the events following demonetisation, Patel’s tenacity came to light during his second year. That was when the RBI asked lenders to take the who’s who of India Inc to court and sell their businesses under the newly-introduced Insolvency and Bankruptcy Code. These included corporate groups like Essar, Videocon and Bhushan Steel.&lt;br /&gt;
&lt;br /&gt;
Patel’s obduracy, insisting that lenders stick to the letter for classifying loans as bad, has frustrated senior bureaucrats and politicians. Government officials point out that even public sector companies fail to make timely payments. However, for those who have been paying attention to Patel, this tough stance should not come as a surprise.&lt;br /&gt;
&lt;br /&gt;
A year ago in a speech titled ‘Resolution of stressed assets: Towards the endgame’, Patel had highlighted the challenges ahead, “We all must realise that it will be a long haul before the intended objectives are fully achieved... but as long as the endgame is a desirable goal, these should be worth it for placing the private economy structurally on a path of sustained growth.”&lt;br /&gt;
&lt;br /&gt;
When it comes to setting of interest rates, the central bank is perhaps more independent under Patel then it was ever before. This is because Patel’s regime in the RBI coincided with the constitution of the monetary policy committee (MPC), which had a mandated objective to keep inflation at around 4%. Incidentally, the MPC was constituted based on recommendations made by a committee headed by Patel as deputy governor.&lt;br /&gt;
&lt;br /&gt;
Patel’s second year saw increased friction with the finance ministry following the Punjab National Bank scam. Soon after news of the scam broke, FM Arun Jaitley lashed out at the central bank, stating that while politicians are accountable, regulators (meaning the RBI) are not.&lt;br /&gt;
&lt;br /&gt;
Patel’s comeback was equally strong. In one of his rare speeches, the governor said, “Success has many fathers, failures none. Hence, there has been the usual blame game, passing the buck, and a tonne of honking.” He then listed seven legislative provisions that ensured the RBI did not have much of a say in public sector banks. The finance ministry’s pointed rebuttal brought to light the stress in the relationship.&lt;br /&gt;
&lt;br /&gt;
Patel, whose signatures appear in more currency notes than any other RBI governor, is the most low-profile central banker with only eight public speeches in two years. The final year of his term, being an election year, will be even more crucial as it will also bring him into the stressed loan endgame that he speaks about.&lt;br /&gt;
&lt;br /&gt;
== Y.V. Reddy ==&lt;br /&gt;
[https://www.indiatoday.in/magazine/up-front/story/20170724-y-v-reddy-reserve-bank-of-india-rbi-1024289-2017-07-14#ssologin=1#source=magazine India Today , The art of managing dissent “ India Today” 24/7/2017]&lt;br /&gt;
&lt;br /&gt;
The world associates Y.V. Reddy with the Reserve Bank of India (RBI). He became its governor in 2003 and ended his term there in a blaze of glory in 2008 for having saved India the blushes in the global financial crisis that began in September 2008, a week after he demitted office. But for YVR's insistence on making Indian banks safe, India too would have emerged hurt and bleeding.&lt;br /&gt;
&lt;br /&gt;
When he took over as governor in September 2003, YVR faced an entirely new problem. Until then, India had always been short of foreign exchange. Suddenly, thanks to the Vajpayee government, which put India on a new footing with the US, India was flush with forex. It fell to YVR to manage the situation, which he did with the unerring sense of innovation he has always displayed in tackling difficult public policy problems. He describes this and the other main events in his life with a sense of calm discretion. Although he devotes considerable space to his difficult relationship with P. Chidambaram as finance minister, this is not a kiss-andtell book. The sense you get is they differed on issues but in the end did the right thing. Those who know him well always feel a sense of marvel at the way he straddles the world of intellect-this book offers rich pickings in that regard-and of practical management which this books describes throughout. YVR's great strength lay in the ease with which he brought intellect to mundane practice, always speckled with his hilarious one-liners.&lt;br /&gt;
&lt;br /&gt;
It is often forgotten that unlike fiscal policy, which lies in the government's domain, and is therefore largely about politics, monetary policy, which the RBI manages, is about ensuring the financial stability of India. The two sets of policies clash with each other all the time and it falls to the governor of the RBI to manage the friction. Some succeed but most fail.&lt;br /&gt;
&lt;br /&gt;
YVR succeeded with professionalism, competence, grace and humour. This book is a must-read for those who want to know more about how he managed the noisy intersection of economics and politics.&lt;br /&gt;
&lt;br /&gt;
=Balance sheet=&lt;br /&gt;
==Where do RBI’s surplus funds come from?==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F21&amp;amp;entity=Ar02914&amp;amp;sk=1554FE66&amp;amp;mode=text  November 21, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: The RBI’s reserves, 2013-18.jpg|The RBI’s reserves, 2013-18 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F21&amp;amp;entity=Ar02914&amp;amp;sk=1554FE66&amp;amp;mode=text  November 21, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
'''Where do RBI’s surplus funds come from?'''&lt;br /&gt;
&lt;br /&gt;
RBI’s board this week decided to set up an expert committee to examine its ‘Economic Capital Framework’. The committee is expected to break down RBI’s balance sheet to decide if its reserves are consistent with its needs.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''What is the size of the RBI’s balance sheet?'''&lt;br /&gt;
&lt;br /&gt;
In 2017-18, the size of RBI’s balance sheet was Rs 36.2 lakh crore. Its balance sheet, however, is unlike that of a company. The currency notes it prints make up more than half its liabilities. Another big share, 26%, represents its reserves. These are invested mainly in foreign and Indian government securities (essentially promisory notes bearing an interest rate against which these governments borrow) and gold. RBI holds a little over 566 tons of gold, which along with its forex assets make up almost 77% of its assets. Sometimes, the finance ministry and RBI disagree on what level of reserves RBI must hold to be consistent with its operations.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Where do the RBI’s reserves come from?'''&lt;br /&gt;
&lt;br /&gt;
Reserves with RBI are not all of the same kind. In the current debate there are two which are relevant: The Currency &amp;amp; Gold Revaluation Account (CGRA) makes up the biggest share — it was Rs 6.9 lakh crore in 2017-18. This represents the value of the gold and foreign currency that RBI holds on behalf of India. Simply put, variations in this represent the changing market value of these assets. Thus, the RBI notionally gains or loses on this count according to market movements. For example, last year the CGRA increased by 30.5% largely because of the depreciation of the rupee against the US dollar and due to an increase in the price of gold.&lt;br /&gt;
&lt;br /&gt;
The Contingency Fund (CF) is a specific provision meant for meeting unexpected contingencies that arise from RBI’s monetary policy and exchange rate operations. In both cases, RBI intervenes in the relevant markets to adjust liquidity or prevent large fluctuations in currency value. The CF in 2017-18 was Rs 2.32 lakh crore, or 6.4% of assets. The CGRA and CF put together constituted 26% of assets (and because in a balance sheet assets and liabilities must by definition match, also the same proportion of its liabilities).&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''What is the RBI’s surplus?'''&lt;br /&gt;
&lt;br /&gt;
This represents the amount RBI transfers to the government. There are two unique features about RBI’s financial statements. It is not required to pay income tax and has to transfer to the government the surplus left over after meeting its needs. RBI’s income comes mainly through interest on the securities it holds and in 2017-18 the largest component of expenditure was a provision of about Rs 14,200 crore it made to the contingency fund.&lt;br /&gt;
&lt;br /&gt;
Obviously, the larger the provision made to CF, the lower the surplus. Beginning 2013-14, RBI didn’t make a provision to CF for three successive years as a technical committee felt its “buffers” were more than enough. In the last two years, however, RBI has made provisions to CF. The adequacy of the current level of CF is one of the key issues likely to be debated extensively by the expert committee.&lt;br /&gt;
&lt;br /&gt;
==2013-18: surplus transferred ==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F20&amp;amp;entity=Ar02210&amp;amp;sk=E802297C&amp;amp;mode=text  Pradeep Thakur, In last 5 yrs, RBI transferred 75% of its income as surplus, November 20, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: RBI's Balance Sheet, 2013-18.jpg|RBI's Balance Sheet, 2013-18 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F20&amp;amp;entity=Ar02210&amp;amp;sk=E802297C&amp;amp;mode=text  Pradeep Thakur, In last 5 yrs, RBI transferred 75% of its income as surplus, November 20, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
The Reserve Bank of India (RBI) transferred around Rs 2.5 lakh crore to the government during the last five years, which was around 75% of the central bank’s income.&lt;br /&gt;
&lt;br /&gt;
While analysing the government’s finance account last year, the Comptroller and Auditor General studied RBI’s income, expenditure and surplus transferred to the Centre between 2013-14 and 2017-18 and found that out of its income of Rs 3.3 lakh crore, the central bank had transferred Rs 2.48 lakh crore. The highest payout was in 2015-16, when 83% of the RBI’s income was transferred to the Centre as surplus.&lt;br /&gt;
&lt;br /&gt;
RBI’s reserves have been a bone of contention, with the government keen to increase the payout. What has added to the discord in recent years is the Economic Survey pointing out that RBI has higher reserves than other central banks.&lt;br /&gt;
&lt;br /&gt;
In the recent past, RBI has been transferring surplus of around Rs 65,000 crore annually to the government, barring 2017 when its expenditure more than doubled to Rs 31,000 crore. Till 2016-17, the RBI’s expenditure remained below Rs 15,000 crore but shot up due to higher cost of printing currency notes at the time of demonetisation.&lt;br /&gt;
&lt;br /&gt;
In a speech last month, RBI deputy governor Viral Acharya had hit out at the government for seeking higher dividend and cited the example of Argentina, where a similar development took place eight years ago, to argue that the central bank’s autonomy should not be compromised. The issue was one of the key agenda items at the marathon board meeting of the RBI.&lt;br /&gt;
&lt;br /&gt;
===Surplus capital, 2013-18===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F02%2F02&amp;amp;entity=Ar02900&amp;amp;sk=7D9EB8EA&amp;amp;mode=text  RBI’s forex sale profit to help bridge deficit, February 2, 2019: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: The Reserve Bank of India’s surplus capital, 2013-18.jpg|The Reserve Bank of India’s surplus capital, 2013-18 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F02%2F02&amp;amp;entity=Ar02900&amp;amp;sk=7D9EB8EA&amp;amp;mode=text  RBI’s forex sale profit to help bridge deficit, February 2, 2019: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
''To Consider ₹28,000Cr Interim Dividend In Addition To ₹40,000Cr Already Given To Govt''&lt;br /&gt;
&lt;br /&gt;
The volatility in the foreign exchange and bond market is helping the government to bridge some of its fiscal deficit. The Reserve Bank of India (RBI) is understood to have made record profits from selling dollars in the foreign exchange market when the rupee came under pressure.&lt;br /&gt;
&lt;br /&gt;
These profits are likely to be distributed to the government in the form of an interim dividend, which will be considered in the next board meeting of the central bank.&lt;br /&gt;
&lt;br /&gt;
Economic affairs secretary Subhash Chandra Garg said on Friday that the government expects an interim dividend of Rs 28,000 crore from the RBI. This is in addition to the Rs 40,000 crore already received from the central bank during FY19, Garg said in an interaction with the media after the interim budget was announced.&lt;br /&gt;
&lt;br /&gt;
The Rs 28,000-crore interim dividend will be transferred by the RBI before end March 2019. As a result, the interim dividend will help the government ease fiscal pressure as the money will come within the current financial year. The RBI, which follows a July-June financial year, paid about 63% higher dividend than the previous year (2016-17).&lt;br /&gt;
&lt;br /&gt;
Meanwhile, the government has revised dividend or surplus of the RBI, nationalised banks and financial institutions to Rs 74,140 crore from Rs 54,817 crore estimated earlier in the Budget 2018-19. In the next year too, the RBI is expected to be a major contributor to the government’s revenues.&lt;br /&gt;
&lt;br /&gt;
A panel headed by former RBI governor Bimal Jalan is looking at whether the central bank is holding surplus capital, which can be transferred to the government. The panel is expected to submit its report by end-March.&lt;br /&gt;
&lt;br /&gt;
According to Care Ratings MD &amp;amp; CEO Rajesh Mokashi, dividends and profit will contribute highest (50%) to the non-tax revenue.&lt;br /&gt;
&lt;br /&gt;
“The government is expecting higher dividends (11.8% more) by way of surplus transfers from the RBI as the performance of the PSUs has been impacted by nonperforming assets. Other non-tax revenues are slated to grow 8.9% over 34.3% yearon-year in the previous year,” he said. Other non-tax revenues include social, general and economic services provided by the government.&lt;br /&gt;
&lt;br /&gt;
=Dividends=&lt;br /&gt;
==2017: Demonetisation, printing of currency: RBI halves dividend ==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=RBI-halves-dividend-to-govt-to-Rs-31k-11082017021025  Mayur Shetty, RBI halves dividend to govt to Rs 31k cr, August 11, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
[[File: RBI dividend to government, 2013-17.jpg|RBI dividend to government, 2013-17; [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=RBI-halves-dividend-to-govt-to-Rs-31k-11082017021025  Mayur Shetty, RBI halves dividend to govt to Rs 31k cr, August 11, 2017: The Times of India]|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
'''Demonetisation, Printing Of Currency Take A Toll'''&lt;br /&gt;
&lt;br /&gt;
In a surprise announcement, the RBI said that it has halved its dividend payment to the government to Rs 30,659 crore for 2016-17 from nearly Rs 66,000 crore in each of the previous two years. The lower dividend is due to huge expenses borne by the RBI by way of interest payment to banks as part of its liquidity management exercise and in printing notes following demonetisation.&lt;br /&gt;
&lt;br /&gt;
The dividend amount was decided by the central board of directors, which met to finalise accounts for the year ended June 2016.The board would have also finalised how the central bank deals with the demonetised currency notes that were not turned in before June 2017. However, the RBI is yet to divulge details on whether it has extinguished the currency which has not been deposited.&lt;br /&gt;
&lt;br /&gt;
The halving of dividend will hurt the government's finances. “The lower amount will be a concern since the government's non-tax receipts will be affected. In the Budget, it was assumed that around Rs 75,000 crore would come from RBI, public sector banks (PSBs) and financial institutions compared with a little over Rs 76,000 cr in FY17,“ said Madan Sabnavis, chief economist, CARE Ratings. According to Sabnavis, as PSBs are unlikely to do better than last year and the RBI will be transferring a smaller amount, this will impact the fiscal deficit numbers.“If other conditions remain unchanged, the fiscal deficit can increase from 3.2% to 3.4% this year,“ he added.&lt;br /&gt;
&lt;br /&gt;
Devendra Kumar Pant, chief economist, India Ratings, said the drop in dividend is due to lower earnings due to reverse repo transactions (where the RBI borrows from banks) and high costs incurred in printing of notes. Besides this, the appreciation of the domestic currency vis-a-vis the US dollar led to lower returns in rupee terms. “Firstquarter direct tax collections, if continued in the fiscal, will provide some buffer for central government deficit,“ he added.&lt;br /&gt;
&lt;br /&gt;
The minister of state for finance Arun Meghwal had earlier said that it costs between Rs 2.87 and Rs 3.09 to print the new Rs 500 note and Rs 3.54-3.77 for a Rs 2,000 note. Given these numbers, it would have cost the RBI over Rs 13,000 crore to print fresh currency notes during demonetisation. This is almost thrice the Rs 3,421 crore the RBI spent on printing notes in the previous year. According to economists, when the macro fundamentals are so und, the RBI ends up with weak earnings and, conversely, when the country's fundamentals are under strain, the central bank generates exceptional gains. This is because at times of stress, the RBI tightens liquidity and makes windfall profits lending to banks at high rates.But when the rupee is strengthening, the central bank loses money by buying a falling dollar. The biggest cost to the RBI by far, when the country is facing a problem of plenty, is the cost of impounding surplus liquidity. Banks are sitting on sur plus funds due to absence of credit demand. Soumya Kanti Ghosh, chief economist, SBI, said, “Credit growth has decelerated by Rs 1.5 lakh crore in current fiscal -a historic low.“ He added that given surplus funds, SBI, Axis Bank and Bank of Baroda have reduced the savings bank rate to keep the lending rate low.&lt;br /&gt;
&lt;br /&gt;
Since November, banks have been awash with surplus liquidity thanks to cash being deposited with them.While most of these were slowly withdrawn, a large chunk continued to remain with banks. According to dealers, the surplus liquidity with banks has risen to Rs 3 lakh crore as compared to the RBI's target range of Rs 1 lakh crore.&lt;br /&gt;
&lt;br /&gt;
==2016&amp;gt; 2018==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F08%2F09&amp;amp;entity=Ar02101&amp;amp;sk=6468B053&amp;amp;mode=text  At ₹50,000cr, RBI gives govt 63% more dividend, August 9, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The RBI has transferred a surplus of Rs 50,000 crore to the central government, which is 63% more than last year’s dividend of Rs 30,659 crore. This payout is also 91% of the Rs 54,817-crore dividend income that the government budgeted from the RBI, nationalised banks and other financial institutions in its Budget 2018.&lt;br /&gt;
&lt;br /&gt;
It is likely that the central bank would have generated a higher surplus arising out of foreign exchange operations. The RBI has sold foreign currency assets worth over $20 billion this year, which is reflected in the decline in forex reserves from nearly $400 billion on March 30, 2018 to around $379 billion. The foreign currency assets sold were worth Rs 1.40 lakh crore and would have added to the RBI’s rupee balance sheet and enabled it to pay a higher dividend.&lt;br /&gt;
&lt;br /&gt;
Public sector banks have not distributed any dividend to the government as all but two of them have reported losses. However, insurance companies would have made some payment to the government. Earlier in March, the RBI paid an interim dividend of Rs 10,000 crore at the insistence of the Centre to support fiscal position.&lt;br /&gt;
&lt;br /&gt;
“The central board of directors of the RBI, at its meeting held on August 8, approved the transfer of surplus amounting to Rs 500 billion (Rs 50,000 crore) for the year ended June 30, 2018 to the government,” the central bank said in a statement.&lt;br /&gt;
&lt;br /&gt;
Unlike other financial institutions, the RBI follows a July-June financial year. The dividend payout had shrunk last year as the RBI had to spend a lot of money in printing of new currency notes following demonetisation in November 2016.&lt;br /&gt;
&lt;br /&gt;
=Gold reserves=&lt;br /&gt;
==Purchases in 2009, 2018==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F09%2F04&amp;amp;entity=Ar02007&amp;amp;sk=B0770925&amp;amp;mode=text  RBI boosts forex kitty with first gold buy in 9 years, September 4, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Reserve Bank of India (RBI) has bought nearly 8.5 tonnes of gold in financial year 2017-18, the first purchase of yellow metal by the central bank in almost nine years, a report said.&lt;br /&gt;
&lt;br /&gt;
The RBI held just over 566 tonnes of gold as on June 30, 2018, compared with 558 tonnes as on June 30, 2017, according to the central bank’s latest annual report for 2017-18.&lt;br /&gt;
&lt;br /&gt;
The central bank had last purchased gold in November 2009, when it had bought 200 tonnes of yellow metal from the International Monetary Fund (IMF).&lt;br /&gt;
&lt;br /&gt;
Of over 566 tonnes of gold reserves, about 292 tonnes is held as backing for notes and is shown as an asset of the issue department, and the balance 274 tonnes is treated as an asset of the banking department.&lt;br /&gt;
&lt;br /&gt;
The value of gold held as asset of banking department rose by 11.1% to Rs 69,674 crore as on June 30, 2018, from Rs 62,702 crore as on June 30, 2017.&lt;br /&gt;
&lt;br /&gt;
This increase was primarily on account of depreciation of rupee as against the dollar and the addition of nearly 8.5 tonnes of gold during the year, the RBI’s annual report said.&lt;br /&gt;
&lt;br /&gt;
=Government- RBI relations=&lt;br /&gt;
== Why govts want central banks on their side==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F05&amp;amp;entity=Ar02504&amp;amp;sk=671ADF05&amp;amp;mode=text  November 5, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Why govts want central banks on their side'''&lt;br /&gt;
&lt;br /&gt;
A country's central bank and its government may not always see eye to eye — the latest rift between the RBI and the Centre is a case in point. But what makes a central bank essential to a country's economy, and what kind of power does it enjoy?&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Can an economy work without a central bank?'''&lt;br /&gt;
&lt;br /&gt;
Considering the influence of central banks in today’s age, this is a difficult question to answer. Many countries have witnessed a constant tussle between the elected government and their central bank but no modern government has been able to either abolish or significantly curtail the power of their central bank. In the absence of such a bank it is difficult to imagine how a reliable payments system, a stable currency and controlled inflation level could be maintained.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''What is the role of a central bank?'''&lt;br /&gt;
&lt;br /&gt;
Among the important roles of a central bank is to control the cost of money by changing interest rates. This role itself gives it immense power to stimulate or slow the economy. Apart from this, the central banks — in our case Reserve Bank of India — formulate, implement and monitor the country’s monetary policy. It monitors the financial system by prescribing broad parameters of banking operations to ensure the public has confidence in the system and protects depositors’ interest.&lt;br /&gt;
&lt;br /&gt;
The bank also monitors foreign exchange reserves. It is the only authority that has the right to issue or destroy currency in circulation. The central bank also does merchant banking for the government as well as other banks.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''How independent is the RBI?'''&lt;br /&gt;
&lt;br /&gt;
Like other central banks, RBI is an independent entity within the government. It is governed by a central board of directors appointed by the government according to the Reserve Bank of India Act. The board is appointed for four years with a governor and up to four deputy governors. There are 10 other directors nominated by the government, two government officials and four non-official directors from local boards. There are also four local boards in Mumbai, Kolkata, Chennai and New Delhi to advise the central board on local matters. Local board members are nominated by&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Where is the most powerful central bank?'''&lt;br /&gt;
&lt;br /&gt;
While it controls the world’s largest economy, US's Federal Reserve Bank also issues treasury bills to raise money to finance spending. These US securities are bought by other nations and their value is based on the price of the US dollar. If the Fed lowers interest rate and makes dollar cheaper to borrow, the pinch will be felt by all other economies. Similarly, a stronger dollar will benefit countries that hold US securities.&lt;br /&gt;
&lt;br /&gt;
==1935-2016: Govt. vs. the RBI==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F03&amp;amp;entity=Ar00507&amp;amp;sk=05B1245C&amp;amp;mode=text  Govt vs RBI: Top FinMin man mocks dy governor, November 3, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: 1935-2016- tiffs between the govt. and the RBI.jpg|1935-2016: tiffs between the govt. and the RBI &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F03&amp;amp;entity=Ar00507&amp;amp;sk=05B1245C&amp;amp;mode=text  Govt vs RBI: Top FinMin man mocks dy governor, November 3, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
''Another DG Gives Speech Attacking Centre On Lending''&lt;br /&gt;
&lt;br /&gt;
Hostilities between the Modi government and the Reserve Bank of India remained at heightened levels with a top bureaucrat taking to social media on Friday morning to mock a recent speech of deputy governor Viral Acharya. Hours later, the RBI uploaded a speech another deputy governor, N S Vishwanathan, gave at XLRI Jamshedpur earlier this week. In his speech, Vishwanathan attacked the government’s arguments for easing capital requirements, saying that it would result in banks being strong only in a “make-believe” manner.&lt;br /&gt;
&lt;br /&gt;
Economic affairs secretary Subhas Chandra Garg, the finance ministry’s point person for managing ties with the RBI, fired the first salvo when he took aim at Acharya’s comment that “governments that do not respect central bank independence will sooner or later incur the wrath of financial markets”.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''RBI dy guv against govt’s bid to push bank credit'''&lt;br /&gt;
&lt;br /&gt;
Rupee trading at less than 73 to a dollar, Brent crude below $73 a barrel, markets up by over 4% during the week and bond yields below 7.8%. Wrath of the markets?” economic affairs secretary Subhas Chandra Garg tweeted on Friday.&lt;br /&gt;
&lt;br /&gt;
Ironically, Garg’s very public dig at governor Urjit Patel’s hand-picked deputy came just two days after the finance ministry issued a carefully-worded statement that among other things signaled its displeasure with the RBI for airing its differences with the government.&lt;br /&gt;
&lt;br /&gt;
Vishwanathan, who unlike Acharya is a career central banker, appeared to be at odds with the government’s push to accelerate bank credit when he indicated that higher growth in lending was not desirable. “It may be noticed that in the past, high levels of credit growth due to ‘supply push’ have resulted in high corporate leverage and consequent NPAs in the banking system,” he said.&lt;br /&gt;
&lt;br /&gt;
“We must guard against any push for dilution of standards in the name of aligning them with international benchmarks because that will be cherry-picking and will result in our banks being strong in a make-believe sense and not in reality.” This appeared to be a response to financial services secretary Rajiv Kumar’s statement last week that minimum common equity (CET) Tier I ratio as prescribed by RBI stands at 5.5% as against 4.5% under Basel III norms. A relaxation of the capital requirement to Basel III levels would enable bank to lend up to Rs 6 lakh more.&lt;br /&gt;
&lt;br /&gt;
But, according to the deputy governor, current levels of provisions maintained by banks may not be enough to cover the expected losses due to defaults, and hence adequate buffers must be built to absorb the expected losses which are under-provided. Vishwanathan said that bank credit was already growing at 14% year on year in line with GDP growth. Within this, bank loans to NBFC during this period grew 48.3%.&lt;br /&gt;
&lt;br /&gt;
According to Vishwanathan, international capital norms have been designed based on internationally observed recovery rates. However, the loss given defaults are far more than those observed internationally. He also shot down arguments that some defaults are caused by external circumstances and that regulations should treat them differently based on the reasons behind them. “This is a fallacy. There are two issues here: recognition and resolution. The recognition of default or accounting for deterioration in the quality of asset should be independent of the reasons for such default or deterioration.”&lt;br /&gt;
&lt;br /&gt;
===When mediating PM, diplomatic governors averted crisis===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F11&amp;amp;entity=Ar02013&amp;amp;sk=A0864585&amp;amp;mode=text  Mayur Shetty, December 11, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Public statements and disclosures by former governors — Y V Reddy, D Subbarao and Raghuram Rajan — in their writings have shown that there have been disagreements between the finance ministry and the RBI. But none of these disputes ever boiled over to a situation leading to the governor’s resignation.&lt;br /&gt;
&lt;br /&gt;
According to central bank insiders, in the past governors have adopted a strategy of convince and compromise. Also, in the case of differences that arose during the 10-year UPA government, then Prime Minister Manmohan Singh, himself a former governor, helped in brokering peace between the RBI and the finance ministry. Even though previous governors have been bureaucrats, after coming to the RBI it is the chair that has taken over. Both Reddy and Subbarao have been extremely strong votaries of independence of the central bank after taking charge as governors. However, despite their independence they have acknowledged that the finance minister is senior to the RBI governor. In the case of Patel, his finance minister Arun Jaitley had taken a fourmonth break between May and August — a time when differences with the government were boiling over.&lt;br /&gt;
&lt;br /&gt;
Additionally, in the past the differences were in the area of interest rates that has ceased to be an issue after the creation of the monetary policy committee (MPC), which coincided with the appointment of Patel.&lt;br /&gt;
&lt;br /&gt;
Past governors have also managed to handle their differences with the finance ministry using their personal connection with finance ministry officials. Former governors, Reddy and Subbarao, were both former bureaucrats and had many friends in the finance ministry. Rajan, though not a bureaucrat, had worked in Delhi as chief economic adviser where he was prepped for the position of RBI governor.&lt;br /&gt;
&lt;br /&gt;
In the case of Patel, his engagement with the finance ministry was two decades earlier as deputy to the IMF India representative. During this period, he build a friendship with Manmohan Singh.&lt;br /&gt;
&lt;br /&gt;
There are some insiders who feel that the government’s choice of appointing outside economic experts as governor is a failed experiment as they have very little skin in the game.&lt;br /&gt;
&lt;br /&gt;
Raghuram Rajan had made it clear that he had a job at Chicago Booth waiting for him when his term ended. Similarly, many expect that Patel would pursue academic interests after his stint as governor.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==1956-57: Pt. Nehru vs. Sir Rau==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/nehru-letter-to-rbi-may-give-modi-government-ammunition-in-urjit-row/articleshow/66503739.cms  Sidhartha, November 5, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The traditionally fraught nature of government-RBI relations goes back to the early days of the central bank when Sir John Osborne Smith resigned his governorship in 1937 following differences with the colonial government over interest and exchange rates. &lt;br /&gt;
&lt;br /&gt;
But it is Jawaharlal Nehru’s stormy exchanges with Sir Benegal Rama Rau, leading to his resignation as RBI governor, that has tickled the interest of people in the finance ministry – and may provide them with an effective counter to the Rahul Gandhi-led Congress’s attack on the government for undermining the autonomy of the central bank.&lt;br /&gt;
&lt;br /&gt;
Rau, a civil servant, was the fourth governor of RBI and quit in January 1957 after seven and a half years in the saddle when Nehru sided with finance minister TT Krishnamachari and made it clear that RBI was part of “the various activities of the government”. &lt;br /&gt;
&lt;br /&gt;
Rau had accused TTK of “rude behaviour” over differences that began over a Budget proposal. TTK had referred to RBI as a “section” of the finance ministry and described it as “reserved”, as well as expressed doubts in Parliament “as to whether it is capable of doing any thinking”. &lt;br /&gt;
&lt;br /&gt;
In a letter to Rau, India’s first Prime Minister and Rahul Gandhi’s great-grandfather, wrote: “It (RBI) has to advise government, but it also has to keep in line with government.” He suggested the governor could resign if he thought that it was not possible to continue; Rau put in his papers a few days later. &lt;br /&gt;
&lt;br /&gt;
Nehru said it would be “completely absurd” if the central bank followed a different policy because it did not agree with the government’s objectives or its methods. &lt;br /&gt;
&lt;br /&gt;
“You have laid stress on the autonomy of the RBI. Certainly it is autonomous, but it is also subject to the central government’s directions…. Monetary policies must necessarily depend upon the larger policies which a government pursues. It is in the ambit of those larger policies that the RBI can advise. It cannot challenge the main objectives and policies of government,” asserted Nehru. &lt;br /&gt;
&lt;br /&gt;
“When you talked to me I pointed out to you that it was for the central government to lay down policies and the RBI could not obviously have policies contrary to those of the central government. You agreed with this. And yet I find in your memorandum a different point of view,” he added. &lt;br /&gt;
&lt;br /&gt;
The RBI believed that TTK’s Budget proposal would effectively push up interest rates and forwarded a resolution of the central board. “The board requests the government to consult RBI in advance on all matters which significantly affect the monetary structure and policy,” the board said on December 12, 1956. &lt;br /&gt;
&lt;br /&gt;
The same day, Nehru wrote to the governor pulling him up for his “improper approach” which was seen to be “agitational” against the Centre. &lt;br /&gt;
&lt;br /&gt;
A fortnight later, Rau responded to Nehru’s letter saying that despite differences on several issues, nothing had leaked out from RBI. He then wrote that the government could reject RBI’s advice though it should be given an opportunity to place all facts and its view before a decision was taken on “technical and sometimes complicated monetary issues”. &lt;br /&gt;
&lt;br /&gt;
The then governor also took “strong exception” to some of Nehru’s comments on not supporting government policies and said the consultations over the Budget proposal were inadequate. &lt;br /&gt;
&lt;br /&gt;
In the Budget, the government had proposed to increase the stamp duty on an instrument used by lenders to get loans at a discount to RBI’s key policy rate – the bank rate. RBI argued that the higher stamp duty, which it said was decided without prior consultation, would push up the bank rate by half a percentage point. &lt;br /&gt;
&lt;br /&gt;
Parallels are being drawn between the developments six decades ago and the current power tussle between the Centre and RBI – although in that instance, the central bank had gone out on a limb to criticise a Budget proposal whereas it’s the government that is now unhappy with the RBI for not taking on board its concerns about the economy. &lt;br /&gt;
&lt;br /&gt;
While most governments and the central bank have had differences over issues ranging from interest rates to regulations, the current rift has widened to an extent that the finance ministry has sought formal consultations with the governor in what is one step short of invoking Section 7 of the RBI Act, a provision that has never been used. &lt;br /&gt;
&lt;br /&gt;
The government has been pushing RBI to address its concerns related to providing support to non-banking finance companies, ravaged by the impact of defaults by IL&amp;amp;FS, in addition to addressing the credit needs of small businesses and reviewing the prompt corrective action (PCA) framework dealing with weak banks.&lt;br /&gt;
&lt;br /&gt;
==2014, PM Manmohan Singh: Governor must heed govt==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F07&amp;amp;entity=Ar00308&amp;amp;sk=C7215202&amp;amp;mode=text  Guv must heed govt, Manmohan said in ’14, November 7, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The dynamic between the RBI and the government is one of give and take but if the finance minister insists on a certain course of action, his view will need to prevail, former PM Manmohan Singh has said in his daughter Daman Singh’s book “Strictly Personal: Manmohan and Gursharan”.&lt;br /&gt;
&lt;br /&gt;
Recalling his tenure at the central bank, Singh says, “There is always give and take. I had to take the government into confidence. The governor of the Reserve Bank is not superior to the finance minister. And if the finance minister insists, I don’t see that the governor can refuse, unless he is willing to give up his job.”&lt;br /&gt;
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Singh’s comments in the 2014 book are significant in the context of tensions between the Centre and RBI governor Urjit Patel amid heated commentary on the autonomy of the central bank. Singh says that after recording a divergent point of view, the governor can insist on directions from the government which would then need to be followed.&lt;br /&gt;
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'''Singh speaks of Caparo, tension with then FM Pranab Mukherjee'''&lt;br /&gt;
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Singh speaks of tensions with then finance minister Pranab Mukherjee over the move of the Londonbased Caparo group, in which business magnate Swraj Paul and his family held a majority share, to buy shares of Escorts Group. The UK-based business initiated the purchase of shares even before the RBI granted it permission. The RBI informed the government that it intended to reject Caparo’s application.&lt;br /&gt;
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The book notes that the government of the day, however, did not have any misgivings and asked the RBI to grant permission, which it did. The matter went to court and the Supreme Court finally held the government’s order to the RBI and the permission granted by the central bank to be valid.&lt;br /&gt;
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Asked about the case, Singh says, “Well, it was a situation that brought me in conflict with the government. I have given the view of the Reserve Bank, but said the government could always overrule it. This was a government scheme... Ultimately, it was resolved by the government giving a directive to the RBI.”&lt;br /&gt;
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Singh makes it clear that the government would have liked the RBI to have acted on its own with regard to the application under a portfolio investment scheme for NRIs. But he said the RBI did not act until the explicit approval of the Cabinet Committee on Political Affairs was conveyed to the central bank. In a second case the book refers to, Singh had strong reservations over the application of the Bank of Credit and Commerce International to open a couple of branches in India. Permission was almost granted when Charan Singh was PM and was finally cleared by the Congress government in 1983.&lt;br /&gt;
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The government, unhappy with the RBI’s power to issue bank licences, sought to take these powers away. “I sent my letter of resignation to Pranab Mukherjee and the PM. Later, I managed to persuade Mrs Gandhi that the Cabinet decision was not proper... they dropped the idea,” Singh says.&lt;br /&gt;
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==10 flash points between Govt., RBI: 2017-18==&lt;br /&gt;
[[File: 2017, 2018- tensions between the Government and the RBI under Patel, a chronology; 2019, Nov- The RBI’s Central board of directors.jpg|2017, 2018: tensions between the Government and the RBI under Patel, a chronology &amp;lt;br/&amp;gt; 2019, Nov: The RBI’s Central board of directors &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F19&amp;amp;entity=Ar02902&amp;amp;sk=637D344F&amp;amp;mode=text  Sidhartha &amp;amp; Mayur Shetty   November 19, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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[[File: 10 flash points between Govt., RBI- 2017-18- Part I.jpg|10 flash points between Govt., RBI- 2017-18- Part I &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F10%2F30&amp;amp;entity=Ar02205&amp;amp;sk=E9E288E4&amp;amp;mode=image  October 30, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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[[File: 10 flash points between Govt., RBI- 2017-18- Part II.jpg|10 flash points between Govt., RBI- 2017-18- Part II &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F10%2F30&amp;amp;entity=Ar02205&amp;amp;sk=E9E288E4&amp;amp;mode=image  October 30, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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&lt;br /&gt;
'''See graphics''':&lt;br /&gt;
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''2017, 2018: tensions between the Government and the RBI under Patel, a chronology &amp;lt;br/&amp;gt; 2019, Nov: The RBI’s Central board of directors''&lt;br /&gt;
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''10 flash points between Govt., RBI- 2017-18- Part I''&lt;br /&gt;
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''10 flash points between Govt., RBI- 2017-18- Part II''&lt;br /&gt;
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===Points of friction===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F02&amp;amp;entity=Ar00508&amp;amp;sk=4933A620&amp;amp;mode=text  Sidhartha, ‘RBI’s refusal to engage forced govt to mull extreme legal step’, November 2, 2018: ''The Times of India'']&lt;br /&gt;
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&lt;br /&gt;
[[File: Friction between the Government and the Reserve Bank of India- Part I.jpg|Friction between the Government and the Reserve Bank of India- Part I &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F11&amp;amp;entity=Ar02003&amp;amp;sk=B8EACFF5&amp;amp;mode=image  December 11, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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[[File: Friction between the Government and the Reserve Bank of India- Part II.jpg|Friction between the Government and the Reserve Bank of India- Part II &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F11&amp;amp;entity=Ar02003&amp;amp;sk=B8EACFF5&amp;amp;mode=image  December 11, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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'''See graphics''':&lt;br /&gt;
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''Friction between the Government and the Reserve Bank of India- Part I''&lt;br /&gt;
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''Friction between the Government and the Reserve Bank of India- Part II''&lt;br /&gt;
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'' ‘Guv Patel, Team Not Happy With An Assertive Board’ ''&lt;br /&gt;
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The Modi government was driven to consider the extreme step of invoking the never-before-used Section 7 of the RBI Act by central bank governor Urjit Patel’s reluctance to engage with stakeholders, according to highly placed sources in New Delhi. “He was scarce and unavailable to bankers, industry and market players even on matters of pressing concern. We were left with no choice. It was the only way we could bring the central bank to the table,” one person close to the development told TOI.&lt;br /&gt;
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This confirms TOI’s exclusive report of Monday that tensions between the Patel-led RBI and the government had “come to a head” because the two were not only not able to see eye-to-eye on a host of issues, there had also “been an almost complete breakdown in communication” between them.&lt;br /&gt;
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'''RBI didn’t make public decisions taken at last board meeting'''&lt;br /&gt;
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The move could be significant as a consultative process sets the stage for a government to issue directions to the RBI if there is no agreement,” the report added.&lt;br /&gt;
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No government has invoked Section 7 of the Reserve Bank of India Act of 1934 in the central bank’s 83-year history. The Section says, “The central government may from time to time give such directions to the bank as it may, after consultation with the governor of the bank, consider necessary in public interest.”&lt;br /&gt;
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The Section 7 reference to RBI was the first formal step towards discussing a troika of concerns with RBI — credit flow, liquidity, and problems facing medium and small businesses — failing which the central bank would have to face the “legal instrument of last resort”, which would be tantamount to a vote of no-confidence in the gover nor.&lt;br /&gt;
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The finance ministry issued a carefully-worded statement saying the government and the RBI should be “guided by public interest and the requirements of the Indian economy”.&lt;br /&gt;
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The government had hoped that RBI would go by the board’s collective view instead of the governor and his deputies charting the course of the financial sector by themselves. But the central bank — which also doubles up as regulator for banks and some market segments — did not seem to go by the view of the directors. Among the 18 directors on the central board, 11 are independent, with five RBI officials and two finance ministry bureaucrats making up the complete cast.&lt;br /&gt;
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At last week’s board meeting, it was decided that four decisions that had been taken would be made public. However, RBI, which it now appears, had reluctantly acquiesced into the majority decision, decided otherwise and made no disclosure about the “unanimous” calls. The radio silence came as a surprise because the directors had left the meeting convinced that RBI officials were on the same page.&lt;br /&gt;
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At the marathon meeting, which had over 20 items on the agenda, the RBI brass had suggested that the issues that could not be decided, would be taken up at next meeting. The meeting was to be held post-Diwali. Accordingly, Patel verged on announcing a specific date but was stalled in his tracks by a top RBI official, who suggested that it was time to wrap up. Thus, the date remained undecided.&lt;br /&gt;
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In fact, RBI’s announcement of November 19 as the date when the board would meet next, came only after some independent directors, frustrated by the delay, forced the management on Wednesday to take a decision, said sources. While the government has faced flak for nominating S Gurumurthy and Satish Marathe on RBI’s central board, as well as removing Nachiket Mor, people close to the decision said the move was necessary and aimed at turning it from merely being a rubber stamp to a body which could hold its own while engaging with the bank leadership.&lt;br /&gt;
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This was a significant turn. For over the years, it was the Central Committee of the Board which had become the “real” decisionmaking body with the board starving itself of powers to regulate by delegating those to the CCB.&lt;br /&gt;
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The sudden power shift, with the board asserting itself and demanding a say, does not seem to have gone down well with the RBI brass, prompting howls of protest about government interference, said a top official who has been watching the evolving dynamics on Mint Road.&lt;br /&gt;
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Sources said that at the last board meeting, financial services secretary Rajiv Kumar made a detailed presentation on the need to align Indian standards with global norms instead of stiffening them unnecessarily. The suggestion was an attempt to convince RBI to tweak its rules for capital and PCA. There were also complaints about liquidity shortage and Gurumurthy flagged the concern about inadequate fund availability for small businesses.&lt;br /&gt;
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While most of the board, including corporate sector representatives agreed with the view, RBI representatives, supported by some of the independent directors, did not agree.&lt;br /&gt;
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===2017, 2018: tensions under Patel ===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F10%2F29&amp;amp;entity=Ar00302&amp;amp;sk=ECF78AAA&amp;amp;mode=text  Sidhartha &amp;amp; Mayur Shetty, Tensions between Patel-led RBI, govt coming to a head?, October 29, 2018: ''The Times of India'']&lt;br /&gt;
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In New Delhi and Mumbai’s corridors of power and money, the growing schism between the government and the RBI, and particularly its governor Urjit Patel, has been the subject of much talk since the early months of this year.&lt;br /&gt;
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During this time, not only have the two not seen eye-to-eye on a host of issues, there has been an almost complete breakdown in communication between the government and RBI.&lt;br /&gt;
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The simmering differences have now come to a head with RBI’s deputy governor Viral Acharya – who is widely seen to have been brought in by Patel from his professorial position in New York University – on Friday clearly hinting at government interference and emphasising the need for autonomy (TOI had front-paged his remarks in its October 27 edition).&lt;br /&gt;
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The tension has triggered fevered speculation about Patel’s fate. Not only does he appear highly unlikely to get an extension beyond the threeyear term that ends next September, questions have arisen over his continuance. Patel did not respond to a message from TOI.&lt;br /&gt;
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Some people in the NDA government have gone so far as to acknowledge in private that “even Raghuram Rajan was better than this” — and Patel’s predecessor didn’t leave on the best of terms.&lt;br /&gt;
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''Govt, RBI clashes on at least 6 issues in ’18 alone''&lt;br /&gt;
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A person in the NDA government told TOI a few months ago, “After Rajan, it’ll look bad if Patel is asked to go.” And people who have a sense of Patel’s thinking say that he knows the government won’t keep him on beyond his current term, so he doesn’t really care about being in its good books.&lt;br /&gt;
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In 2018 alone, there have been at least half-a-dozen issues on which the two have taken opposing stands. While the spat began with the government unhappy with the inflation-focused RBI for not cutting interest rates – and even raising them – it spilled over into regulation, something the central bank believes is its exclusive domain.&lt;br /&gt;
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RBI’s February 12 circular on classification of non-performing assets and norms of loan restructuring was the next flashpoint. The government saw it as overly harsh, and indeed it drove all but two staterun lenders into the red.&lt;br /&gt;
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Around the same time, as the Nirav Modi fraud broke, the government hit out at RBI on supervision, drawing an almost-immediate rebuttal with Patel seeking more powers to oversee public sector banks so that they are at par with their private sector peers.&lt;br /&gt;
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In addition, the government has been insisting that RBI step in to provide relief to non-banking finance companies (NBFCs), which are grappling with a cash crunch after IL&amp;amp;FS defaulted on repayments. The central bank has refused to play ball.&lt;br /&gt;
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What has also irked the central bank brass is the way in which Nachiket Mor was removed from the RBI board more than two years before his term was to end without formally informing him. Mor’s removal was seen to be linked to his vocal opposition to the government's demand for a higher dividend.&lt;br /&gt;
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In his strongly worded speech late last week, RBI deputy governor Viral Acharya said, &amp;quot;Governments that do not respect central bank independence will sooner or later incur the wrath of financial markets, ignite economic fire, and come to rue the day they undermined an important regulatory institution&amp;quot;.&lt;br /&gt;
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Patel is said to have virtually been incommunicado for the past three days, heightening suspense ahead of Monday's meeting of the RBI board, the second such interaction in less than a week. Last week’s meeting was stormy by most accounts with recently-nominated director and SJM activist S Gurumurthy seeking RBI’s intervention to help small businesses, while government nominees made a detailed presentation on the need to bring capital norms in line with global standards instead of making them stiffer. The change is seen to be crucial to get weak banks that are now under RBI’s prompt corrective action out of the classification. This would lift some of the curbs on their lending and expansion.&lt;br /&gt;
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In remarks made on Saturday that were seen to be in response to Acharya’s, although he didn’t name RBI, finance minister Arun Jaitley said regulators need to have wide-ranging high quality discussion with all stakeholders. “I think, for any regulatory mechanism, stakeholder consultation has to be of a very high quality, which will probably lead to a revisiting of traditional thoughts and opinions. And that’s why, (when) several regulators now publish their approach papers or tentative drafts, they hold hearings, meet individuals, meet groups of stakeholders together and improve upon what’s being said.”&lt;br /&gt;
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A separate payments regulator has been another friction point with RBI stating its position publicly on why it did not support the move. In fact, it went to the extent of releasing its dissent note on a separate regulator on its website.&lt;br /&gt;
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People in the government said the tension should not be seen through a government versus regulator prism. They argued that the onus of taking the board along rests with the governor.&lt;br /&gt;
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They also denied it was trying to encroach on RBI’s turf, but added that institutional autonomy should be a means for achieving faster growth rather than an end in itself.&lt;br /&gt;
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===2018, Nov: The appearance of a truce===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F11&amp;amp;entity=Ar00314&amp;amp;sk=1E299772&amp;amp;mode=text   Sidhartha, RBI resisted acting on Nov board deal, December 11, 2018: ''The Times of India'']&lt;br /&gt;
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In the hours that followed the marathon November 19 RBI board meeting, there was a conscious effort – especially by the external directors and government nominees – to paint a picture of cordiality. The impression sought to be conveyed was that the RBI had come around to the government’s way of thinking on several key issues.&lt;br /&gt;
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But the ceasefire proved ephemeral. A committee which was to be constituted by the RBI and government to review RBI’s capital reserves has yet to see the light of day.&lt;br /&gt;
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Similarly, when the RBI’s Board for Financial Supervision (BFS) met last week, it did not consider the government’s demand for a review of the PCA (prompt corrective action) framework.&lt;br /&gt;
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'''RBI-govt communication breakdown again evident'''&lt;br /&gt;
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Many in the government believed that RBI, led by governor Urjit Patel, was “circumventing” board decisions despite the fact that they had been communicated through a formal statement after the November 19 meet. They had earlier pointed out that Patel and his deputies had abruptly wrapped the October 23 board meeting and refused to disclose even the decisions on which there had been an apparent consensus.&lt;br /&gt;
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That Patel was not at ease with the government’s push for a review of the ECF was evident from his statement to a parliamentary panel (reported by TOI on November 27) that the RBI’s current level of reserves were necessary as a buffer against international volatility and to maintain creditworthiness.&lt;br /&gt;
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At the next board meeting of the central bank on December 14, the government was expected to ask for a relook at RBI governance structure, with greater oversight by the board. There was a view in the government that the RBI had in the past kept the board out of the picture and taken key decisions in committees packed with hand-picked members.&lt;br /&gt;
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While breaking the story about the stand-off between the RBI and the government TOI had said there had been a “complete breakdown in communication” between the two.&lt;br /&gt;
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===The big issues: from IBC to Sec 7===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F11&amp;amp;entity=Ar02000&amp;amp;sk=F4E39ABC&amp;amp;mode=text  Clash course: From IBC to Sec 7, December 11, 2018: ''The Times of India'']&lt;br /&gt;
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''RBI’s Feb 12 Diktat That Patel Wouldn’t Dilute Put Govt, PSBs On Sticky Wicket''&lt;br /&gt;
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A key reform measure — the Insolvency and Bankruptcy Code (IBC) — was the trigger for the RBI’s February 12 circular, which turned out to be an inflection point in the relationship between the government and the central bank.&lt;br /&gt;
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On February 12, the RBI did away with all restructuring scheme, which effectively gave borrowers more time to repay. The central bank’s rationale was that now there was a new law that enables banks to recover money and there was no need to kick the can further down the road. This put the government — the owner of public sector unit (PSU) banks — in a spot as PSU banks now needed more capital then envisaged. Loans had to be classified as defaults before being referred under the IBC and bad loans did soar as delayed repayments were not condoned. While the Centre did not attack the February 12 circular directly, it used the Nirav Modi scam, which broke soon after, to criticise the central bank.&lt;br /&gt;
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Patel, in a speech at Gandhinagar in March 2018, hit out at the government stating that “success has many fathers, failures none. Hence, there has been the usual blame game, passing the buck, and a tonne of honking”. He then listed out seven legislative provisions that ensured that the RBI did not have much of a say in PSU banks. While the February 12 circular was a reform measure aimed at cleaning bad loans, its timing turned out to be disastrous. Banks were hit by a triple whammy — bond losses due to rising rates, over Rs 20,000-crore provision for Nirav Modi/Gitanjali accounts and additional provisions for non-performing assets (NPAs). Overall PSU bank losses crossed Rs 60,000 crore.&lt;br /&gt;
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Many in the finance ministry were upset as the high NPAs triggered the imposition of prompt corrective action (PCA) on half the public sector banks and scuppered all plans of boosting growth through increased lending. Ministry officials compared the RBI action on PSU banks of forcing a patient to run a marathon when he was not fully out of the ICU.&lt;br /&gt;
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What spoiled relations further was Patel’s refusal to engage with ministry officials or even other ministers. Nitin Gadkari, minister of road transport and highways, said in a forum addressing businessmen that his personal experience of dealing with the RBI was not good. Other ministers are known to have complained after filing to to get an audience with the governor.&lt;br /&gt;
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It was ultimately the differences over NPA classification that led the government to the path of Section 7 of the RBI Act, which empowers the government to give directions to the central bank. When the power producers challenged the RBI’s circular in the Allahabad high court, the government which was a party said that it did not have any objection. It was at this point that the court observed that the government could consider giving directions to the RBI on the issue. While the government did use the Section 7 threat, it was on a host of issues and not just non-performing assets.&lt;br /&gt;
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=== Dec/ Gov. Urjit Patel resigns ===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F11&amp;amp;entity=Ar00311&amp;amp;sk=44E0E5AB&amp;amp;mode=text  Mayur Shetty, Sidhartha &amp;amp; Surojit Gupta, After ‘truce’, Urjit stuns govt; is 1st guv post-reforms to quit RBI, December 11, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: In Dec 2018, Urjit Patel resigned, becoming independent India’s second governor to quit before the expiry of his term.jpg|In Dec 2018, Urjit Patel resigned, becoming independent India’s second governor to quit before the expiry of his term &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F11&amp;amp;entity=Ar00311&amp;amp;sk=44E0E5AB&amp;amp;mode=text  Mayur Shetty, Sidhartha &amp;amp; Surojit Gupta, After ‘truce’, Urjit stuns govt; is 1st guv post-reforms to quit RBI, December 11, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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'''What''': Reserve Bank of India (RBI) governor Urjit Patel resigned from the post on Monday citing ‘personal reasons’. His term was to end in September 2019. One of RBI’s deputy governors may take charge as the interim head till government finds a successor. The names doing the rounds for the next governor include Subir Gokarn (executive director IMF), SC Garg (economic affairs secretary) and Rajiv Kumar (secretary, financial services).&lt;br /&gt;
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'''History''': Patel is independent India’s second governor to quit before the expiry of his term over differences with the finance minister. Benegal Rama Rau, RBI’s second governor, had quit in 1957 after complaining about ‘rude’ finance minister TT Krishnamachari. RBI’s first governor, Osborne Smith, an Australian, had also quit in 1937 for not toeing the British government line.&lt;br /&gt;
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'''Why'''? Differences with the Centre over RBI’s decisions and its functions may have prompted the resignation. Government and RBI were not on the same page (and the differences were public) on issues like the use of RBI’s surplus reserves, handling of weak banks, funds for shadow banks, and interest rates. For the first time in history, the government had invoked its powers to instruct the central bank on certain issues. A sudden overactive RBI board (filled with government nominees), which used to be only an advisory body, could be another factor. “This should be seen as a statement of protest,” said former RBI governor Raghuram Rajan.&lt;br /&gt;
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'''So what'''? It’s not normal. Patel is the first governor since the 1990s to have quit before completing his term of three years. Raghuram Rajan says, “All Indians should be concerned about Governor Patel's resignation.” It’s not a good sign for RBI’s autonomy. An independent central bank is a check on the government, who may be keen to push for an easier way to prosperity for short-term gains. The move will also impact foreign investors’ perception of the Indian economy.&lt;br /&gt;
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'''Why now'''? There are various theories doing the rounds. Theory 1: A board meeting was slated for December 14 in which he would have been forced to endorse decisions he didn’t favour. Theory 2: He offered to quit on November 9, the day he met PM, but was asked to stay till polls.&lt;br /&gt;
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=Issues=&lt;br /&gt;
==2016/ Questions Post-Demonetisation ==&lt;br /&gt;
[http://indiatoday.intoday.in/story/demonetisation-rbi-banks-atm-modi-cash-crunch/1/834876.html Usha Thorat , The promise to pay the bearer “India Today” 15/12/2016]&lt;br /&gt;
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&amp;quot;The RBI's responsibility is to ensure enough clean currency notes in the denominations required for day-to-day transactions in all parts of the country,&amp;quot; said former deputy governor of the Reserve Bank of India,Usha Thorat.&lt;br /&gt;
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There are many questions people are asking on the demonetisation move and the currency situation in the country. Some of the top-of-the-mind ones are quoted below, and these are my answers:&lt;br /&gt;
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How does the RBI decide how much currency to print? What say does the Centre have in such a decision?&lt;br /&gt;
&lt;br /&gt;
The RBI's responsibility is to ensure enough clean currency notes in the denominations required for day-to-day transactions in all parts of the country. The RBI makes an annual assessment of the demand for currency. Currently, currency constitutes about 12 per cent of GDP. Hence if the pace of digitisation is the same as the growth in GDP, currency demand should be at least equal to GDP growth (in nominal terms) unless we are pushing for a higher pace of digitisation. Also, seasonal factors affect currency demand-we witness higher demand during harvesting time, festival time and even election time. Finally, there is replacement demand, i.e., soiled notes have to be taken out, and good, clean notes put back in circulation. After making the estimate and deciding on the denomination-wise requirement, indents are placed with the note presses. This exercise is done in consultation with the Government of India.&lt;br /&gt;
&lt;br /&gt;
Why couldn't the RBI have printed notes faster? If the Indian presses couldn't cope with the print load, why not do it abroad?&lt;br /&gt;
&lt;br /&gt;
The trade-off is between ensuring secrecy and having sufficient time to print and stock for remonetisation. The reports seem to suggest that 2 billion notes of Rs 2,000 were got ready prior to announcement. Against notes in circulation of over 15 billion pieces of Rs 500 and 6 billion of Rs 1,000, the annual supply from both the presses together was one-third in each of these two denominations in the past two years. Since the announcement, it is presumed the note printing presses have stepped up production of the Rs 500 and Rs 100 notes. Importing notes to remonetise could be thought of, but the capacity to print currency notes globally is limited and restricted to a few companies. Further, there would be considerable lead time involved. It may not serve the purpose.&lt;br /&gt;
&lt;br /&gt;
What was the total cash in circulation prior to demonetisation? What was the amount held as cash reserve ratio (CRR) by banks and the RBI? And who holds it, and is it held in the form of cash?&lt;br /&gt;
&lt;br /&gt;
Prior to demonetisation, currency or cash in circulation (as on November 4) was Rs 17.7 lakh crore; as on November 25, the figure dropped by Rs 6.1 lakh crore to Rs 11.6 lakh crore. Currency in circulation is a liability of the RBI. It is held either by the public or by banks that have some currency in their vaults; the latter forms a very tiny part of currency in circulation. Banks do not hold cash reserves in the form of currency-these are held as deposits with the RBI and are reflected as liabilities on the RBI balance sheet.&lt;br /&gt;
&lt;br /&gt;
How does the RBI invest its reserves? What does it do with the profit it generates from this?&lt;br /&gt;
&lt;br /&gt;
The RBI earns income from its investments in various assets. The major component of the RBI's assets-roughly 72 per cent-represents the foreign currency assets held in permitted investments abroad. Gold constitutes four per cent of the RBI's assets while Government of India securities account for 22 per cent. In 2015-16, the RBI income was Rs 80,870 crore, of which Rs 74,924 crore was interest income. Interest on foreign securities accounted for 32.5 per cent of interest income and that on government securities 57.5 per cent. Section 47 of the RBI Act states that after making provisions for bad/doubtful debts, depreciation in assets, contribution to the staff and superannuation fund and for all matters for which provisions are to be made by or under the Act or that are usually provided by bankers, the balance of the bank's profits is to be paid to the Central government. Printing of currency notes, employee costs and agency charges (paid to banks to conduct government business) accounted for 84 per cent of RBI expenditure in 2015-16. The surplus profits transferred to the government for the year was Rs 65,876 crore and represented 99.99 per cent of gross income less expenditure.&lt;br /&gt;
&lt;br /&gt;
At the end of the demonetisation drive, what happens to the extinguished cash? Does it hand over this money to the GoI to spend as it wishes or retain it as profit after lessing the cost to print new notes?&lt;br /&gt;
&lt;br /&gt;
At the end of the demonetisation drive, the currency notes returned to the RBI will be shredded, presumably after checking for fakes. The RBI's supply of notes to the public may or may not be equal to what was in circulation before the November 8 measure. While restrictions cannot be placed indefinitely on cash, temporary limits can be justified citing the time taken to print the required amount of currency. Regarding the RBI's liability on demonetised notes that have not been exchanged/deposited in bank accounts, the central bank governor, in a recent press conference, stated that it continues in the bank's balance sheet as of now. This is because the last date for surrender at the RBI counter has not yet been notified (March 31 was mentioned as a date in the PM's speech). There is a view that the RBI's liability ceases only when the last date for exchange at the bank's counter is notified through a legislative process. At such a juncture, to the extent liabilities are extinguished, assets could be contracted through retirement of government debt held by RBI and/or creating a reserve at the bank to the same extent. It may not be prudent to transfer the amount to the government without assessing the macroeconomic implications, and the monetary conditions required, for achieving the inflation target set by the RBI.&lt;br /&gt;
&lt;br /&gt;
Are the new currency notes harder to counterfeit?&lt;br /&gt;
&lt;br /&gt;
One of the objectives of demonetisation is to guard against counterfeiting. Several security features are built into the notes to prevent counterfeiting. The government has announced that the new notes contain several new features that were not there earlier and would be difficult to forge. Other measures taken by the RBI to enable detection of forged notes are to improve awareness among the lay public on how to detect forged notes and to encourage shops and retail outlets to instal note-sorting machines. All banks are mandated to sort out the notes received by them over the counter through a note sorting machine that can detect forgery and ensure that they issue only genuine notes back into circulation.&lt;br /&gt;
&lt;br /&gt;
Usha Thorat is a former deputy governor of the Reserve Bank of India&lt;br /&gt;
&lt;br /&gt;
=Monetary Policy Committee, 2016=&lt;br /&gt;
[http://www.thehindu.com/business/Economy/centre-notifies-amended-rbi-act-to-usher-in-monetary-policy-committee/article8780360.ece ''The Hindu''], June 28, 2016&lt;br /&gt;
&lt;br /&gt;
The Centre brought the Monetary Policy Committee (MPC) one step closer to reality by notifying the changes made to the Reserve Bank of India (RBI) Act in June 2016.&lt;br /&gt;
&lt;br /&gt;
The six-member Committee — tasked with bringing “value and transparency to monetary policy decisions” — will comprise three members from RBI, including the Governor, who will be the ex-officio chairperson, a Deputy Governor and one officer of the central bank.&lt;br /&gt;
&lt;br /&gt;
'''Composition'''&lt;br /&gt;
&lt;br /&gt;
The other three members will be appointed by the Centre on the recommendations of a search-cum-selection committee to be headed by the Cabinet Secretary.&lt;br /&gt;
&lt;br /&gt;
“These three members of MPC will be experts in the field of economics or banking or finance or monetary policy and will be appointed for a period of four years and shall not be eligible for re-appointment,” according to the statement.&lt;br /&gt;
&lt;br /&gt;
The Committee is to meet four times a year and make public its decisions following each meeting.&lt;br /&gt;
&lt;br /&gt;
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=Policy reviews=&lt;br /&gt;
2014: ''' RBI shifts to bi-monthly policy review ''' &lt;br /&gt;
&lt;br /&gt;
TIMES NEWS NETWORK &lt;br /&gt;
&lt;br /&gt;
[http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&amp;amp;Source=Page&amp;amp;Skin=TOINEW&amp;amp;BaseHref=CAP/2014/03/12&amp;amp;PageLabel=25&amp;amp;EntityId=Ar02509&amp;amp;ViewMode=HTML ''The Times of India''] &lt;br /&gt;
&lt;br /&gt;
Mumbai: The Reserve Bank of India will shift to a system of announcing its policy statement bi-monthly with the first such policy being announced on April 1, 2014. Bankers widely expect RBI to hold on to rates given that pressure on inflation is easing and the rupee has also been firming up. &lt;br /&gt;
&lt;br /&gt;
Until the mid-90s, RBI had only two monetary policy reviews a year. After Bimal Jalan took charge as governor in 1997, he introduced quarterly reviews. His successor Y V Reddy introduced a mid-quarter review, which resulted in an announcement every 45 days. &lt;br /&gt;
&lt;br /&gt;
A panel headed by RBI deputy governor Urjit Patel had recommended that the central bank monetary policy committee meet every two months to review rates.&lt;br /&gt;
&lt;br /&gt;
=Reserves=&lt;br /&gt;
==What is the appropriate level of reserves?==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F16&amp;amp;entity=Ar02414&amp;amp;sk=A414CAD4&amp;amp;mode=text  November 16, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''HOW MUCH RESERVES ARE ENOUGH FOR RBI?'''&lt;br /&gt;
&lt;br /&gt;
RBI has accused the govt of trying to raid its coffers to bolster its revenues, which is one of the flashpoints in high-profile turf battle. The finance ministry has rejected the claim and suggested that there is a need to discuss how much capital RBI needs to deal with contingencies&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Clarification'''&lt;br /&gt;
&lt;br /&gt;
The Centre clarified that it wasn’t going to raid Reserve Bank of India’s reserves for Rs 3.6 lakh crore of ‘free money’ but it also said that it was in discussion to fix ‘appropriate economic capital framework’ of the central bank&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Conditions apply'''&lt;br /&gt;
&lt;br /&gt;
The framework the government is talking about is basically about how much capital RBI needs for its operations and how much of the surplus it should pass on to the government. This essentially means that Centre may not have asked for a specific amount (Rs 3.6 lakh crore) but it wants to ‘fix’ the process and that may end up giving it even more than that&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Why fix?'''&lt;br /&gt;
&lt;br /&gt;
The government believes that RBI is sitting on much higher reserves than it actually needs to tide over financial emergencies that India may face. Some central banks around the world (like US and UK) keep 13% to 14% of their assets as a reserve, compared to RBI’s 27% and some (like Russia) more than that. Each central bank assesses its risk and reserve requirements according to its past experience and future likelihood of the scale and kind of crisis&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Old problem'''&lt;br /&gt;
&lt;br /&gt;
Economists in the past have argued for RBI releasing ‘extra’ capital that can be put to productive use by the government. Former chief economic adviser Arvind Subramanian had argued for it (he had mentioned Rs 4 lakh crore). The Malegam Committee estimated the excess (in 2013) at Rs 1.49 lakh crore&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''How much?'''&lt;br /&gt;
&lt;br /&gt;
RBI’s held total assets worth Rs 36.17 lakh crore on June 30 on its balance sheet. At 27% of this, the central bank would have around Rs 9.7 lakh crore as reserves. If it were to bring it down to 14% as the government probably wants, it would be left with about Rs 5 lakh crore. That means an excess capital of Rs 4.7 lakh crore to be handed over to the government&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Why now?'''&lt;br /&gt;
&lt;br /&gt;
With a general election looming early next year, analysts believe the cash-strapped government is trying to stimulate the economy with a big public spending spree to woo voters, says a report&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''What next?'''&lt;br /&gt;
&lt;br /&gt;
The RBI governor, Urjit Patel, some say, has two options: to agree to his employer (the government) or leave the job. RBI deputy governor, in his (now controversial) speech, had referred to the resignation of Argentina’s central bank head for a similar reason of refusing government’s order to transfer the central bank’s reserve to pay foreign debt&lt;br /&gt;
&lt;br /&gt;
==As in 2018, Mar==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F20&amp;amp;entity=Ar02103&amp;amp;sk=6959637B&amp;amp;mode=text  Mayur Shetty, RBI saves its current reserves, but govt expects more next year,  November 20, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: RBI's reserves as on March 31, 2018.jpg|RBI's reserves as on March 31, 2018 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F20&amp;amp;entity=Ar02103&amp;amp;sk=6959637B&amp;amp;mode=text  Mayur Shetty, RBI saves its current reserves, but govt expects more next year, November 20, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Reserve Bank of India (RBI) has managed to protect its Rs 9.7-lakh-crore reserve kitty with its board agreeing to have a panel determine how much capital it needs to maintain and how much can be distributed from future surplus to the government. The Centre has also not lost as prospects of a higher share of future surplus allows it to budget for a larger chunk of revenues from the central bank in its ‘Vote on Account’ for next year.&lt;br /&gt;
&lt;br /&gt;
“The RBI board decided to constitute an expert committee to examine the Economic Capital Framework (ECF), the membership and terms of reference of which will be jointly determined by the government and the RBI,” the central bank said in a statement.&lt;br /&gt;
&lt;br /&gt;
The ECF refers to a formula for deciding the capital adequacy ratio for RBI. This is a positive development for those fearing that the government will tap into existing reserves of the central bank.&lt;br /&gt;
&lt;br /&gt;
Of the existing reserves, a bulk of the funds are in contingency funds and in revaluation reserves. The contingency reserves, by definition, cannot be touched except in a crisis. To tap revaluation reserves, the RBI will have to sell assets and shrink its balance sheet. This will upset the money supply in the economy. Even if the to-be-constituted committee recommends higher transfers to government, it will result in lesser accretion to reserves and will not deplete the RBI’s balance sheet.&lt;br /&gt;
&lt;br /&gt;
It was earlier speculated that the Centre might press for the RBI transferring a third of its Rs 9.7-lakh-crore total reserves to the government. The speculation was based on some reports stating that RBI holds over Rs 3 lakh crore of surplus reserves.&lt;br /&gt;
&lt;br /&gt;
A higher surplus transfer for 2018-19 is likely because the central bank’s earnings are expected to be much more robust than 2017-18. In the current fiscal, the RBI has been intervening heavily in the foreign exchange and bond markets. The central bank’s earnings soar whenever there is forex volatility as it ends up making profits while selling dollars. For 2017-18, the RBI transferred a dividend of Rs 50,000 crore to the government.&lt;br /&gt;
&lt;br /&gt;
Former governor Raghuram Rajan had proposed a formula-based model for fund transfer to the government. He had also warned against liquidating assets to transfer funds to government, stating that to neutralise the impact, the RBI would have to conduct money market operations by selling bonds. If the government had to issue fresh bonds in order to receive money from the central bank, it would be in the same position as before.&lt;br /&gt;
&lt;br /&gt;
==2018: the position in other countries==&lt;br /&gt;
[[File: Equity as % of Central Banks' Balance Sheets in major countries, presumably as in 2017.jpg|Equity as % of Central Banks' Balance Sheets in major countries, presumably as in 2017 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F21&amp;amp;entity=Ar02901&amp;amp;sk=34D2A259&amp;amp;mode=text  Sidhartha, November 21, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''See graphic''':&lt;br /&gt;
&lt;br /&gt;
''Equity as % of Central Banks' Balance Sheets in major countries, presumably as in 2017''&lt;br /&gt;
&lt;br /&gt;
=See also=&lt;br /&gt;
[[Banking and the law: India]]&lt;br /&gt;
&lt;br /&gt;
[[Raghuram Rajan]]&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/The_Reserve_Bank_of_India</id>
		<title>The Reserve Bank of India</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/The_Reserve_Bank_of_India"/>
				<updated>2019-02-17T16:12:20Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: /* 2016-18 */&lt;/p&gt;
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&lt;div&gt;[[File: Governors of RBI since 1991.jpg|Governors of RBI since 1991; Graphic courtesy: [http://epaperbeta.timesofindia.com/Gallery.aspx?id=20_06_2016_017_024_002&amp;amp;type=P&amp;amp;artUrl=RAJANS-REPORT-CARD-IN-GOVERNORS-CLASS-20062016017024&amp;amp;eid=31808 ''The Times of India'']|frame|500px]] &lt;br /&gt;
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=History=&lt;br /&gt;
[https://rbi.org.in/History/Brief_History.html rbi.org]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Reserve Bank of India is the central bank of the country. Central banks are a relatively recent innovation and most central banks, as we know them today, were established around the early twentieth century.&lt;br /&gt;
&lt;br /&gt;
The Reserve Bank of India was set up on the basis of the recommendations of the Hilton Young Commission. The Reserve Bank of India Act, 1934 (II of 1934) provides the statutory basis of the functioning of the Bank, which commenced operations on April 1, 1935.&lt;br /&gt;
&lt;br /&gt;
The Bank was constituted to:&lt;br /&gt;
&lt;br /&gt;
* Regulate the issue of banknotes&lt;br /&gt;
&lt;br /&gt;
* Maintain reserves with a view to securing monetary stability and&lt;br /&gt;
&lt;br /&gt;
* To operate the credit and currency system of the country to its advantage.&lt;br /&gt;
&lt;br /&gt;
The Bank began its operations by taking over from the Government the functions so far being performed by the Controller of Currency and from the Imperial Bank of India, the management of Government accounts and public debt. The existing currency offices at Calcutta, Bombay, Madras, Rangoon, Karachi, Lahore and Cawnpore (Kanpur) became branches of the Issue Department. Offices of the Banking Department were established in Calcutta, Bombay, Madras, Delhi and Rangoon.&lt;br /&gt;
&lt;br /&gt;
Burma (Myanmar) seceded from the Indian Union in 1937 but the Reserve Bank continued to act as the Central Bank for Burma till Japanese Occupation of Burma and later upto April, 1947. After the partition of India, the Reserve Bank served as the central bank of Pakistan upto June 1948 when the State Bank of Pakistan commenced operations. The Bank, which was originally set up as a shareholder's bank, was nationalised in 1949.&lt;br /&gt;
&lt;br /&gt;
An interesting feature of the Reserve Bank of India was that at its very inception, the Bank was seen as playing a special role in the context of development, especially Agriculture. When India commenced its plan endeavours, the development role of the Bank came into focus, especially in the sixties when the Reserve Bank, in many ways, pioneered the concept and practise of using finance to catalyse development. The Bank was also instrumental in institutional development and helped set up insitutions like the Deposit Insurance and Credit Guarantee Corporation of India, the Unit Trust of India, the Industrial Development Bank of India, the National Bank of Agriculture and Rural Development, the Discount and Finance House of India etc. to build the financial infrastructure of the country.&lt;br /&gt;
&lt;br /&gt;
With liberalisation, the Bank's focus has shifted back to core central banking functions like Monetary Policy, Bank Supervision and Regulation, and Overseeing the Payments System and onto developing the financial markets.&lt;br /&gt;
 &lt;br /&gt;
&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=A-bank-central-to-monetary-policy-22082016013031 ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
'''Which was India's first central bank?'''&lt;br /&gt;
&lt;br /&gt;
The first central bank was the Imperial Bank of India formed in 1921 by merging the Presidency banks. The bank was further enlarged by the merger of several banks owned by princely states like Jaipur, Mysore and Patiala.&lt;br /&gt;
&lt;br /&gt;
The Imperial Bank of India was supposed to perform three functions -commercial banking, central banking and banker of the government. By 1930, there were 1,258 banking institutions in the country registered under the Companies Act. Of these, the Imperial Bank was the most dominant.The global economy was passing through the Great Depression and this resulted in the failure of many banks in India as well. Various committees set up to study the Indian banking system recommend ed the formation of a central bank which was free from commercial banking. In most modern economies, central banks were formed largely to tackle the failure of unorganised banking by enforcing regulatory safeguards.&lt;br /&gt;
&lt;br /&gt;
'''When was the Reserve Bank of India formed?'''&lt;br /&gt;
&lt;br /&gt;
The bank was formed in 1935 by the Reserve Bank of India Act, 1934. The objectives included being the banker of the government and other banks, to maintain the exchange ratio and to regulate issue of bank notes. The overall objective of the bank was to secure monetary stability.&lt;br /&gt;
&lt;br /&gt;
'''What are its current roles?'''&lt;br /&gt;
&lt;br /&gt;
The bank formulates, implements and monitors India's monetary policy. It monitors and regulates the financial system through prescribing broad parameters of banking operations to ensure public confidence in the system and protect depositors' interests.The bank also manages foreign trade and monitors foreign exchange reserves. It is the only authority that has the right to issue or destroy currency .&lt;br /&gt;
&lt;br /&gt;
'''How is the bank governed?'''&lt;br /&gt;
&lt;br /&gt;
Like other central banks, the RBI too is an independent entity within the government.It is governed by a central board of directors appointed by the government according to the Reserve Bank of India Act. The board is appointed for four years with a governor and not more than four deputy governors as official directors. There are also 10 directors nominated by the government, two government officials and four directors -one each from local boards -who act as non-official directors.&lt;br /&gt;
&lt;br /&gt;
=Reserve Bank of India Act of 1934=&lt;br /&gt;
==What is Section 7 of the Reserve Bank of India Act of 1934==&lt;br /&gt;
[[File: Sec 7 of the Reserve Bank of India Act of 1934.jpg|Sec 7 of the Reserve Bank of India Act of 1934 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F10%2F31&amp;amp;entity=Ar00501&amp;amp;sk=13998587&amp;amp;mode=text  Mayur Shetty, Will govt invoke Sec 7 for 1st time if RBI logjam persists?, October 31, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
'''See graphic''':&lt;br /&gt;
&lt;br /&gt;
''Sec 7 of the Reserve Bank of India Act of 1934''&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==Sec 7 application considered in 2018, Oct==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F10%2F31&amp;amp;entity=Ar00501&amp;amp;sk=13998587&amp;amp;mode=text  Mayur Shetty, Will govt invoke Sec 7 for 1st time if RBI logjam persists?, October 31, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
''Is Said To Have Referred To The Law Recently''&lt;br /&gt;
&lt;br /&gt;
No government has invoked Section 7 of the Reserve Bank of India Act of 1934 in the central bank’s 83-year history.&lt;br /&gt;
&lt;br /&gt;
It is seen as an instrument of last resort, a direct order from the government of the day to the central bank to carry out its wishes (see graphic, ‘In Public Interest’).&lt;br /&gt;
&lt;br /&gt;
The Modi government, despite its growing frustration with the Urjit Patel-led RBI, has resisted suggestions that it invoke Section 7 to increase liquidity, ease pressure on banks and businesses, and boost economic growth. But there are indications that via recent communications, it has initiated a consultative process with the RBI in three areas of concern and while doing so, has mentioned Section 7 without actually invoking it.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Was fear of Section 7 behind RBI dy guv’s attack on govt?'''&lt;br /&gt;
&lt;br /&gt;
The government is learned to have recently initiated a consultative process with the RBI in three areas of concern – power sector loans, ‘prompt corrective action’ (PCA), and special dispensation for micro-small and medium enterprises (MSMEs) – and while doing so, mentioned Section 7, without actually invoking it. The Section says, “The Central Government may from time to time give such directions to the Bank as it may, after consultation with the Governor of the Bank, consider necessary in the public interest.”&lt;br /&gt;
&lt;br /&gt;
The government’s move is significant as such a consultative process could potentially lead to the government issuing directions should the logjam persist. The issue of invoking Section 7 first came up during a hearing before the Allahabad high court in a case filed by the Independent Power Producers challenging the RBI’s February 12 circular which did away with all restructuring schemes for loans in default. After the counsel for RBI pointed out that legally the government could issue directions to the central bank, the court in its ruling in August said such a move could be considered.&lt;br /&gt;
&lt;br /&gt;
Historically, whenever governors have spoken about the independence of the central bank, they have never failed to point out that Section 7 has never been used.&lt;br /&gt;
&lt;br /&gt;
A senior official in the government said there has so far been no move to invoke Section 7. Another person, when asked, said, “Communication between the government and the central bank is sacrosanct and cannot be disclosed.”&lt;br /&gt;
&lt;br /&gt;
There is some speculation that it was the government’s mention of section 7 that was the trigger for deputy governor Viral Acharya’s outburst against the government last Friday. While he did not make any reference to the Section, he did speak about how the government could undermine the independence of the central bank by ‘blocking or opposing rule-based central banking policies and favouring instead discretionary or joint decisionmaking with direct government interventions’.&lt;br /&gt;
&lt;br /&gt;
The government wants norms for non-performing assets in the power sector – which currently require companies to be referred to bankruptcy courts -- to be relaxed. Once admitted, the companies have to be either sold or liquidated.&lt;br /&gt;
&lt;br /&gt;
Its concern about 'prompt corrective action' is that the classification of PCA has placed lending and expansion curbs on 11 public sector and one private bank, which it believes is choking fund flows to several sectors. The government has also been worried about the fate of MSMEs, and is keen that the definition of bad loans be softened.&lt;br /&gt;
&lt;br /&gt;
A broader concern is about the liquidity situation which has taken a turn for the worse after a series of defaults by IL&amp;amp;FS in September. The defaults have had a cascading impact — MFs that had invested in IL&amp;amp;FS debt were hit, corporates who had put shortterm funds in MFs turned cautious, and the funds themselves turned cautious about putting money in financial companies.&lt;br /&gt;
&lt;br /&gt;
=Central board of directors=&lt;br /&gt;
==The Central Board==&lt;br /&gt;
The Reserve Bank's affairs are governed by a central board of directors. The board is appointed by the Government of India in keeping with the Reserve Bank of India Act.&lt;br /&gt;
&lt;br /&gt;
•	Appointed/nominated for a period of four years&lt;br /&gt;
&lt;br /&gt;
Constitution:&lt;br /&gt;
&lt;br /&gt;
o	Official Directors&lt;br /&gt;
&lt;br /&gt;
♣	Full-time : Governor and not more than four Deputy Governors&lt;br /&gt;
&lt;br /&gt;
o	Non-Official Directors&lt;br /&gt;
&lt;br /&gt;
♣	Nominated by Government: ten Directors from various fields and two government Official&lt;br /&gt;
&lt;br /&gt;
♣	Others: four Directors - one each from four local boards&lt;br /&gt;
&lt;br /&gt;
Functions : General superintendence and direction of the Bank's affairs&lt;br /&gt;
&lt;br /&gt;
===The Board, as in 2018===&lt;br /&gt;
[[File: The RBI’s Central board of directors, as in 2018.jpg|The RBI’s Central board of directors, as in 2018. &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F11&amp;amp;entity=Ar00314&amp;amp;sk=1E299772&amp;amp;mode=text  Sidhartha, December 11, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
'''See graphic''':&lt;br /&gt;
&lt;br /&gt;
''The RBI’s Central board of directors, as in 2018''&lt;br /&gt;
&lt;br /&gt;
==Local Boards==&lt;br /&gt;
•	One each for the four regions of the country in Mumbai, Calcutta, Chennai and New Delhi&lt;br /&gt;
&lt;br /&gt;
Membership:&lt;br /&gt;
&lt;br /&gt;
•	consist of five members each&lt;br /&gt;
&lt;br /&gt;
•	appointed by the Central Government&lt;br /&gt;
&lt;br /&gt;
•	for a term of four years&lt;br /&gt;
&lt;br /&gt;
Functions : To advise the Central Board on local matters and to represent territorial and economic interests of local cooperative and indigenous banks; to perform such other functions as delegated by Central Board from time to time.&lt;br /&gt;
&lt;br /&gt;
==Why RBI is not comfortable with active boards==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F06&amp;amp;entity=Ar02101&amp;amp;sk=3514EE46&amp;amp;mode=text  Mayur Shetty, Why RBI is not comfortable with a more active board, November 6, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: Industrialists on RBI Board.jpg|Industrialists on RBI Board &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F06&amp;amp;entity=Ar02101&amp;amp;sk=3514EE46&amp;amp;mode=text  Mayur Shetty, Why RBI is not comfortable with a more active board, November 6, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
''Bizmen In Rule-Debating Role Raise Conflict Of Interest Issue''&lt;br /&gt;
&lt;br /&gt;
An active board seeking a say in bank regulation has thrown up questions about conflict of interest, given the presence of industrialists on the board of the Reserve Bank of India (RBI).&lt;br /&gt;
&lt;br /&gt;
Traditionally, the RBI board had a strong presence of eminent industrialists like Ratan Tata, N R Narayana Murthy and Azim Premji. It has also included chiefs of highly indebted groups like K P Singh of DLF and G M Rao of the GMR Group. However, there was never any conflict of interest as the minutiae of bank regulation or monetary policy never came up to the board. That’s because, until now, the RBI board only gave a broad direction that the central bank should take.&lt;br /&gt;
&lt;br /&gt;
But in the October 23 board meeting, some directors are understood to have turned vocal on a few RBI regulations. According to a senior former central banker, there would be conflict of interest if these businessmen had advance information of RBI’s regulations. He was reacting to reports that some directors wanted the RBI central board to play a more active role and deliberate on regulations. There is talk of the board wanting to push through five decisions, which includes issues such as regulatory forbearance and allowing weak banks to lend, in the forthcoming RBI board meet on November 19.&lt;br /&gt;
&lt;br /&gt;
Sources close to the central bank also point out that, unlike boards constituted under The Companies Act, the RBI Act 1934 grants the governor with powers that are concurrent with the board. They refer to clause 3 of the hotly debated Section 7 of the RBI Act. While the first clause confers powers on the government to give directions to the RBI, the third part indicates that the governor shares power.&lt;br /&gt;
&lt;br /&gt;
This clause 3 states, “Save as otherwise provided in regulations made by the central board, the governor and in his absence the deputy governor nominated by him in this behalf, shall also have powers of general superintendence and direction of the affairs and the business of the bank, and may exercise all powers and do all acts and things which may be exercised or done by the bank.” A source said, “The choice of the words ‘shall also have powers’ indicates that these are concurrent with the board.”&lt;br /&gt;
&lt;br /&gt;
According to sources, the powers of the governor are reiterated in the Reserve Bank of India, General Regulations, 1949, which also addresses the issue of conflict of interest between board decisions and individual interests of directors. “You can imagine what would happen if an issue like the February 12 circular on recognition of non-performing assets came up to a board that included owners of highly indebted companies,” a source said.&lt;br /&gt;
&lt;br /&gt;
=How other central banks function=&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F10%2F30&amp;amp;entity=Ar02204&amp;amp;sk=41DBD133&amp;amp;mode=text  Source: Central bank websites, agencies, WSJ, How other central banks function, October 30, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: The US government’s frictions with its central bank under President Trump.jpg|The US government’s frictions with its central bank under President Trump &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F10%2F30&amp;amp;entity=Ar02204&amp;amp;sk=41DBD133&amp;amp;mode=text  Source: Central bank websites, agencies, WSJ, How other central banks function, October 30, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''The US Federal Reserve''': Like other central banks, the Fed is an independent government agency. It is accountable to the public and the US Congress. Members of the board of governors are appointed for staggered 14-year terms and the board chair is appointed for a four-year term. Elected officials and members of the administration are not allowed to serve on the board. The Fed does not receive funding through the congressional budgetary process. The financial statements of the Federal Reserve Banks and the board of governors are audited annually by an independent, outside auditor.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''The Bank of England (BoE)''': The BoE is owned by the UK government. It has specific statutory responsibilities for setting policy rates, carried out within a framework set by government but free from day-to-day political influence. Parliament gives specific goals and responsibilities. The government sets the target — which is 2%. A panel meets to agree interest rate decisions eight times a year. There are other panels on other issues, which ensures that the financial system is working properly to serve UK households and businesses. The BoE is answerable to both parliament and the public.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''European Central Bank (ECB)''': It manages the euro and implements monetary and economic policy for the EU. Probably the most independent of central banks, the ECB charter prevents it from backing any government. However, it is criticised as being non-independent because it is at the mercy of the governments of Europe’s creditor countries.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Bank of Japan''': It has a legal mandate to maintain price stability. The government is not allowed to sack the central bank governor or members of the board but parliamentarians have the right to appoint them. Bank regulation is done by the Financial Services Agency.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''People’s Bank of China''': The Chinese central bank is subservient to the communist party and its national objectives. It is responsible for mainlining growth, price stability, currency stability and health of financial sector.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Central Bank of Argentina''': RBI deputy governor Viral Acharya used the example of the constitutional crisis in Argentina. The Cristina Fernandez-led government in 2010 attempted to raid the central bank’s reserves, resulting in bond yields shooting up and foreign investors exiting.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Turkey Central Bank''': The sharp depreciation in emerging market currencies was seen to have been triggered by the fall in the Turkish lira. The collapse of the lira has been attributed to Turkish president Recep Tayyip Erdogan taking control of Central Bank of the Republic of Turkey and preventing it from raising rates.&lt;br /&gt;
&lt;br /&gt;
=The post of Governor=&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=No-age-cap-fixed-rules-for-RBI-top-20062016017020 ''The Times of India''], June 20, 2016&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Who can be an RBI governor?'''&lt;br /&gt;
&lt;br /&gt;
Unlike the appointment of fo ur deputy governors, there are no fixed rules. But most RBI governors have been civil servants (11), followed by economists (five). There has also been one banker, an insurance company executive and one RBI employee who have gone on to be the governor.&lt;br /&gt;
&lt;br /&gt;
'''How are candidates selected?'''&lt;br /&gt;
&lt;br /&gt;
In the past, candidates were shortlisted by the government, and the Prime Minister appointed the governor in consultation with the finance mi nister. On some oc casions, some of the candidates we re called for an in LEARNING formal interaction WITH THE TIMES with the finance mi nister (D Subbarao was appointed through this route) although the final decision was taken by the PM. Now, the government has tasked a committee headed by the Cabinet secretary to shortlist candidates and the final decision will be taken by PM Narendra Modi.&lt;br /&gt;
&lt;br /&gt;
'''Is there an age cap or are some qualifications stipulated?'''&lt;br /&gt;
&lt;br /&gt;
No, there is neither an age restriction nor qualifications are specified in the law. Governments have opted for those with understanding of overall economy , the financial sector as well as those familiar with th functioning of the government&lt;br /&gt;
&lt;br /&gt;
'''What is the RBI governor' tenure?'''&lt;br /&gt;
&lt;br /&gt;
The RBI Act allows the government to specify the term but the ? tenure cannot exceed five years, with a possibility of reappointe ment. In recent years, only S Venkitaramanan, who spent two years as RBI governor, has had a shorter stint than Raghus ram Rajan.&lt;br /&gt;
&lt;br /&gt;
=Selection of Governor, Dy. Governor=&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=In-a-first-panel-to-list-RBI-guv-11062016001061 The Times of India], Jun 11 2016 &lt;br /&gt;
&lt;br /&gt;
Rajeev Deshpande&lt;br /&gt;
&lt;br /&gt;
In a break from tradition, the government has tasked a selection committee headed by cabinet secretary P K Sinha with shortlisting candidates for Reserve Bank of India governor -a decision that was taken earlier by the Prime Minister in consultation with the finance minister.&lt;br /&gt;
In the past, chiefs of other regulatory bodies -including insurance, pension and Sebi -have been shortlisted by search committees. But this will be the first time the RBI governor will be appointed similar ly, signalling a major shift in government stance and ending the special treatment given to central bank chiefs. The decision to route the RBI governor's appointment through the financial sector regulatory appointment search committee (FSRASC) seems intended to cool speculation over Raghuram Rajan being considered for a second term.&lt;br /&gt;
&lt;br /&gt;
The FSRASC, set up in 2015, had interviewed candidates for Sebi chief. In February 2016, the government ignored its recommendation and reappointed U K Sinha for a year. A part from the cabinet secretary, the committe comprises additional principal secretary to PM P K Mishra, who is a permanent government nominee, and three outside experts -Rajiv Kumar of Centre for Policy Research, Manoj Panda of the Institute of Economic Growth and Bimal N Patel from Gujarat National Law University. A finance ministry representative will be a special invitee. The panel's recommendation will be sent to the appointments committee of cabinet headed by the PM, which will decide on the governor.&lt;br /&gt;
&lt;br /&gt;
Going by the current thinking in official circles, a second term for Rajan could well be on the cards despite occasional reports that put him at cross-purposes with the government over issues like rate cuts or `Make in India'. At the same time, the government does not seem keen to imbue the appointment with a greater profile of attention. The committee route would be in sync with PM Narendra Modi's remark that the appointment is an “administrative decision“ that will be taken closer to September when Rajan's term ends.&lt;br /&gt;
&lt;br /&gt;
The committee's recomendation for RBI deputy governor was a break from past practice as previously, the head of the regulatory body presided over the selection committee. This time around, the RBI governor was a member of the FSRASC.&lt;br /&gt;
&lt;br /&gt;
The process of making top-level appointments to regulatory bodies has been problematic, with the choices often being seen to be politically influenced. Even with the committee-bound process, the choice for sensitive posts will no doubt be vetted by the political authority. But the decision to make FSRASC the recommending body that could well put up a single name instead of a short list for a regulator is aimed at reducing discretion and putting all such bodies on a par.&lt;br /&gt;
&lt;br /&gt;
=Salary and perquisites of RBI governors=&lt;br /&gt;
==2016: Urjit Patel’s package==&lt;br /&gt;
[http://timesofindia.indiatimes.com/business/india-business/RBI-governor-Urjit-Patel-gets-Rs-2-lakh-a-month-pay-no-support-staff-at-home/articleshow/55788608.cms  December 4, 2016: The Times of India]&lt;br /&gt;
&lt;br /&gt;
''' ''RBI governor Urjit Patel gets Rs 2 lakh a month pay, no support staff at home'' '''&lt;br /&gt;
&lt;br /&gt;
'''HIGHLIGHTS'''&lt;br /&gt;
&lt;br /&gt;
RBI governor Urjit Patel gets a little over Rs 2 lakh as salary&lt;br /&gt;
&lt;br /&gt;
RBI governor Urjit Patel gets a little over Rs 2 lakh as salary and has not been provided with any support staff at his residence, the central bank has said.&lt;br /&gt;
&lt;br /&gt;
Patel, who took over as RBI Governor in September+ , is presently in possession of the bank's flat (Deputy Governor's flat) in Mumbai, it said. &amp;quot;No support staff has been provided to the present Governor, Urjit Patel at his residence. Two cars and two drivers have been provided to the present Governor,&amp;quot; RBI said in reply to an RTI query.&lt;br /&gt;
&lt;br /&gt;
The bank was asked to provide details of remuneration given to former RBI governor Raghuram Rajan+ and incumbent Patel.&lt;br /&gt;
For the month of October — the first full month Patel was in office as Governor — Patel got Rs 2.09 lakh as his salary, the same amount drawn by Rajan as his August's salary. Rajan demitted office on September 4, and was given Rs 27,933 as remuneration for four days.&lt;br /&gt;
&lt;br /&gt;
Rajan assumed the charge of RBI Governor from September 5, 2013 at a monthly salary of Rs 1.69 lakh. His salary was revised to Rs 1.78 lakh and Rs 1.87 lakh respectively during 2014 and March 2015. His salary was hiked to Rs 2.09 lakh from Rs 2.04 lakh in January 2016, the RTI reply said.&lt;br /&gt;
&lt;br /&gt;
Rajan was provided with three cars and four drivers. &amp;quot;One caretaker and nine maintenance attendants were posted as supporting staff in the bungalow provided by the bank to the former Governor Raghuram Rajan at Mumbai,&amp;quot; RBI said.&lt;br /&gt;
&lt;br /&gt;
The Centre has recently declined to share details on appointment of Patel and other candidates shortlisted for the top post in the central bank saying these are &amp;quot;cabinet papers&amp;quot; and cannot be made public. Patel was on August 20 named as RBI's Governor to succeed Rajan.&lt;br /&gt;
&lt;br /&gt;
==2017, pay hike: Rs 2.5 lakh/month==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=RBI-governors-pay-hiked-to-Rs-25L-per-03042017008029  RBI governor's pay hiked to Rs 2.5L per mth, April 3, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
RBI governor Urjit Patel and his deputies have got a big pay hike with the government more than doubling their basic salary to Rs 2.5 lakh and Rs 2.25 lakh per month, respectively .&lt;br /&gt;
The “basic pay of the governor and deputy governors“ have been revised retrospectively with effect from January 1, 2016 and marks a huge jump from Rs 90,000 basic pay so far drawn by the Governor and Rs 80,000 for his deputies. Still, their salaries are much lower than the top executives of various banks regulated by the RBI.The RBI, however, did not disclose the new gross pay for Patel and his deputies following the revision in basic pay.&lt;br /&gt;
&lt;br /&gt;
=Governors of the Reserve Bank of India=&lt;br /&gt;
==1935- 2013: complete list==&lt;br /&gt;
[http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&amp;amp;Source=Page&amp;amp;Skin=TOINEW&amp;amp;BaseHref=CAP/2013/08/07&amp;amp;PageLabel=22&amp;amp;ForceGif=true&amp;amp;EntityId=Ar02206&amp;amp;ViewMode=HTML The Times of India] 2013/08/07&lt;br /&gt;
&lt;br /&gt;
[[File: rbiGova.png||frame|left|500px]]&lt;br /&gt;
[[File: rbiGovb.png||frame|500px]]&lt;br /&gt;
&amp;lt;br/&amp;gt;&lt;br /&gt;
&lt;br /&gt;
[[File: Governors of RBI since 1935.jpg|Governors of RBI since 1935; Graphic courtesy: [http://epaperbeta.timesofindia.com/Gallery.aspx?id=21_08_2016_017_017_001&amp;amp;type=P&amp;amp;artUrl=GOVERNORS-IN-LIBERALIZED-INDIA-21082016017017&amp;amp;eid=31808 ''The Times of India''], August 21, 2016|frame|500px]] &lt;br /&gt;
&lt;br /&gt;
[[File: Interest rates, inflation and GDP growth during the tenures of RBI Governors, 1990-April 2016.jpg| Interest rates, inflation and GDP growth during the tenures of RBI Governors, 1990-April 2016; Graphic courtesy: [http://epaperbeta.timesofindia.com/Gallery.aspx?id=16_04_2016_021_021_010&amp;amp;type=P&amp;amp;artUrl=Rate-cut-depends-on-raindrops-Rajan-16042016021021&amp;amp;eid=31808 ''The Times of India''], April 16, 2016|frame|500px]] &lt;br /&gt;
&lt;br /&gt;
[[File: Rates during the regime of RBI governor Mr. Raghuram Rajan, September 2013-September 2016.jpg|Rates during the regime of RBI governor Mr. Raghuram Rajan, September 2013-September 2016; Graphic courtesy: [http://epaperbeta.timesofindia.com/Gallery.aspx?id=10_08_2016_027_050_009&amp;amp;type=P&amp;amp;artUrl=Rates-unchanged-but-Rajans-cash-promise-trims-yields-10082016027050&amp;amp;eid=31808 ''The Times of India''], August 10, 2016|frame|500px]] &lt;br /&gt;
&lt;br /&gt;
== Duvvuri Subbarao: 2008-2013==&lt;br /&gt;
Subbarao, man who fell into cauldron of woes&lt;br /&gt;
 &lt;br /&gt;
Surojit Gupta | TNN &lt;br /&gt;
&lt;br /&gt;
[http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&amp;amp;Source=Page&amp;amp;Skin=TOINEW&amp;amp;BaseHref=CAP/2013/08/07&amp;amp;PageLabel=22&amp;amp;EntityId=Ar02205&amp;amp;ViewMode=HTML The Times of India] 2013/08/07&lt;br /&gt;
&lt;br /&gt;
New Delhi: For Duvvuri Subbarao it was baptism by fire when he took over the reins of the Reserve Bank of India nearly five years ago. &lt;br /&gt;
&lt;br /&gt;
As soon as he stepped into the corner office at the central bank headquarters in Mumbai’s Mint Road, a tsunami struck the global financial system. The force of the 2008 global financial meltdown meant that RBI had to call on all its resources to shield the economy from being brutalized. &lt;br /&gt;
&lt;br /&gt;
Subbarao, a mild-mannered former civil servant, remained unfazed. With the government, he scripted a recovery process stabilizing the economy, helping it weather the storm better than some of its peers. &lt;br /&gt;
&lt;br /&gt;
But this was short-lived. The economy was buffeted by stubborn inflation, including double-digit food inflation, prompting the central bank to focus on taming prices. It raised rates furiously, almost 13 times, to throttle inflation. &lt;br /&gt;
&lt;br /&gt;
Of late, frosty ties between RBI and the finance ministry have dominated discussions. Critics slammed the policy to tackle inflation while the government sometimes expressed disappointment. Finance minister P Chidambaram, who is careful with words, appeared disappointed as RBI left interest rates unchanged. &lt;br /&gt;
&lt;br /&gt;
“Growth is as much a challenge as inflation. If the government has to walk alone to face the challenge of growth then we will walk alone,” Chidambaram said highlighting the need for an inflation-growth balance. &lt;br /&gt;
&lt;br /&gt;
Adding to Subbarao’s problems, the fiscal situation deteriorated. Growth slowed. Scandals and policy missteps, such as retrospective taxes forced investors to the sidelines. Subbarao bravely continued calling for action on the fiscal front to enable him to slash interest rates. That didn’t happen until Chidambaram stepped in as finance minister in September. His reform initiatives helped restore the health of public finances. RBI obliged with a rate cut. But this came with a caveat on the ch a l l e n g e s on the prices front. &lt;br /&gt;
&lt;br /&gt;
As things appeared to settle down, the crisis on the currency front emerged, prompting RBI to work towards taming the volatile forex market. &lt;br /&gt;
&lt;br /&gt;
Some economists said the RBI under Subbarao misjudged the signals. “You cannot separate two or three issues, one of which is that when it comes to inflation and growth, both monetary and fiscal policies matter. In my assessment, the country had the most unfortunate fiscal policies compounded by the most unfortunate monetary policy,” economist Surjit Bhalla said. “The RBI misjudged the economy, determinant of inflation, determination of growth and determinant of the exchange rate.” &lt;br /&gt;
&lt;br /&gt;
He said the RBI under Subbarao had misjudged food inflation and hiked rates. “What could’ve been a virtuous cycle has been turned into a vicious cycle,” Bhalla said. Not all would agree with such a harsh summation.&lt;br /&gt;
&lt;br /&gt;
==Raghuram Rajan==&lt;br /&gt;
[[Raghuram Rajan]]&lt;br /&gt;
&lt;br /&gt;
==Urjit Patel==&lt;br /&gt;
===2016-18===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F08%2F27&amp;amp;entity=Ar01714&amp;amp;sk=C1069BC6&amp;amp;mode=text  Mayur Shetty, After 2 years as RBI governor, Patel nears bad debt endgame, August 27, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: The first two years of Urjit Patel’s innings as the Governor of the RBI- Economic indicators 2016-18.jpg|The first two years of Urjit Patel’s innings as the Governor of the RBI- Economic indicators 2016-18 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F08%2F27&amp;amp;entity=Ar01714&amp;amp;sk=C1069BC6&amp;amp;mode=text  Mayur Shetty, After 2 years as RBI governor, Patel nears bad debt endgame, August 26, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
When Urjit Patel was appointed the 24th governor of the Reserve Bank of India (RBI) in August 2016, TOI had cautioned those who saw him as a pro-administration governor, pointing out that he was an inflation hawk.&lt;br /&gt;
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As he completes two years in office next week (he took over from the previous RBI governor Raghuram Rajan on September 4, 2016), Patel has demonstrated that he is no pushover. Whether it is interest rates, non-performing assets (NPAs) or the issue of public sector bank regulation — Patel has not shied away from locking horns with the government.&lt;br /&gt;
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While his first year as the head of the central bank was overshadowed by the events following demonetisation, Patel’s tenacity came to light during his second year. That was when the RBI asked lenders to take the who’s who of India Inc to court and sell their businesses under the newly-introduced Insolvency and Bankruptcy Code. These included corporate groups like Essar, Videocon and Bhushan Steel.&lt;br /&gt;
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Patel’s obduracy, insisting that lenders stick to the letter for classifying loans as bad, has frustrated senior bureaucrats and politicians. Government officials point out that even public sector companies fail to make timely payments. However, for those who have been paying attention to Patel, this tough stance should not come as a surprise.&lt;br /&gt;
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A year ago in a speech titled ‘Resolution of stressed assets: Towards the endgame’, Patel had highlighted the challenges ahead, “We all must realise that it will be a long haul before the intended objectives are fully achieved... but as long as the endgame is a desirable goal, these should be worth it for placing the private economy structurally on a path of sustained growth.”&lt;br /&gt;
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When it comes to setting of interest rates, the central bank is perhaps more independent under Patel then it was ever before. This is because Patel’s regime in the RBI coincided with the constitution of the monetary policy committee (MPC), which had a mandated objective to keep inflation at around 4%. Incidentally, the MPC was constituted based on recommendations made by a committee headed by Patel as deputy governor.&lt;br /&gt;
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Patel’s second year saw increased friction with the finance ministry following the Punjab National Bank scam. Soon after news of the scam broke, FM Arun Jaitley lashed out at the central bank, stating that while politicians are accountable, regulators (meaning the RBI) are not.&lt;br /&gt;
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Patel’s comeback was equally strong. In one of his rare speeches, the governor said, “Success has many fathers, failures none. Hence, there has been the usual blame game, passing the buck, and a tonne of honking.” He then listed seven legislative provisions that ensured the RBI did not have much of a say in public sector banks. The finance ministry’s pointed rebuttal brought to light the stress in the relationship.&lt;br /&gt;
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Patel, whose signatures appear in more currency notes than any other RBI governor, is the most low-profile central banker with only eight public speeches in two years. The final year of his term, being an election year, will be even more crucial as it will also bring him into the stressed loan endgame that he speaks about.&lt;br /&gt;
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= Y.V. Reddy =&lt;br /&gt;
[https://www.indiatoday.in/magazine/up-front/story/20170724-y-v-reddy-reserve-bank-of-india-rbi-1024289-2017-07-14#ssologin=1#source=magazine India Today , The art of managing dissent “ India Today” 24/7/2017]&lt;br /&gt;
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The world associates Y.V. Reddy with the Reserve Bank of India (RBI). He became its governor in 2003 and ended his term there in a blaze of glory in 2008 for having saved India the blushes in the global financial crisis that began in September 2008, a week after he demitted office. But for YVR's insistence on making Indian banks safe, India too would have emerged hurt and bleeding.&lt;br /&gt;
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When he took over as governor in September 2003, YVR faced an entirely new problem. Until then, India had always been short of foreign exchange. Suddenly, thanks to the Vajpayee government, which put India on a new footing with the US, India was flush with forex. It fell to YVR to manage the situation, which he did with the unerring sense of innovation he has always displayed in tackling difficult public policy problems. He describes this and the other main events in his life with a sense of calm discretion. Although he devotes considerable space to his difficult relationship with P. Chidambaram as finance minister, this is not a kiss-andtell book. The sense you get is they differed on issues but in the end did the right thing. Those who know him well always feel a sense of marvel at the way he straddles the world of intellect-this book offers rich pickings in that regard-and of practical management which this books describes throughout. YVR's great strength lay in the ease with which he brought intellect to mundane practice, always speckled with his hilarious one-liners.&lt;br /&gt;
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It is often forgotten that unlike fiscal policy, which lies in the government's domain, and is therefore largely about politics, monetary policy, which the RBI manages, is about ensuring the financial stability of India. The two sets of policies clash with each other all the time and it falls to the governor of the RBI to manage the friction. Some succeed but most fail.&lt;br /&gt;
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YVR succeeded with professionalism, competence, grace and humour. This book is a must-read for those who want to know more about how he managed the noisy intersection of economics and politics.&lt;br /&gt;
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=Balance sheet=&lt;br /&gt;
==Where do RBI’s surplus funds come from?==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F21&amp;amp;entity=Ar02914&amp;amp;sk=1554FE66&amp;amp;mode=text  November 21, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: The RBI’s reserves, 2013-18.jpg|The RBI’s reserves, 2013-18 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F21&amp;amp;entity=Ar02914&amp;amp;sk=1554FE66&amp;amp;mode=text  November 21, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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'''Where do RBI’s surplus funds come from?'''&lt;br /&gt;
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RBI’s board this week decided to set up an expert committee to examine its ‘Economic Capital Framework’. The committee is expected to break down RBI’s balance sheet to decide if its reserves are consistent with its needs.&lt;br /&gt;
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'''What is the size of the RBI’s balance sheet?'''&lt;br /&gt;
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In 2017-18, the size of RBI’s balance sheet was Rs 36.2 lakh crore. Its balance sheet, however, is unlike that of a company. The currency notes it prints make up more than half its liabilities. Another big share, 26%, represents its reserves. These are invested mainly in foreign and Indian government securities (essentially promisory notes bearing an interest rate against which these governments borrow) and gold. RBI holds a little over 566 tons of gold, which along with its forex assets make up almost 77% of its assets. Sometimes, the finance ministry and RBI disagree on what level of reserves RBI must hold to be consistent with its operations.&lt;br /&gt;
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'''Where do the RBI’s reserves come from?'''&lt;br /&gt;
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Reserves with RBI are not all of the same kind. In the current debate there are two which are relevant: The Currency &amp;amp; Gold Revaluation Account (CGRA) makes up the biggest share — it was Rs 6.9 lakh crore in 2017-18. This represents the value of the gold and foreign currency that RBI holds on behalf of India. Simply put, variations in this represent the changing market value of these assets. Thus, the RBI notionally gains or loses on this count according to market movements. For example, last year the CGRA increased by 30.5% largely because of the depreciation of the rupee against the US dollar and due to an increase in the price of gold.&lt;br /&gt;
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The Contingency Fund (CF) is a specific provision meant for meeting unexpected contingencies that arise from RBI’s monetary policy and exchange rate operations. In both cases, RBI intervenes in the relevant markets to adjust liquidity or prevent large fluctuations in currency value. The CF in 2017-18 was Rs 2.32 lakh crore, or 6.4% of assets. The CGRA and CF put together constituted 26% of assets (and because in a balance sheet assets and liabilities must by definition match, also the same proportion of its liabilities).&lt;br /&gt;
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'''What is the RBI’s surplus?'''&lt;br /&gt;
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This represents the amount RBI transfers to the government. There are two unique features about RBI’s financial statements. It is not required to pay income tax and has to transfer to the government the surplus left over after meeting its needs. RBI’s income comes mainly through interest on the securities it holds and in 2017-18 the largest component of expenditure was a provision of about Rs 14,200 crore it made to the contingency fund.&lt;br /&gt;
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Obviously, the larger the provision made to CF, the lower the surplus. Beginning 2013-14, RBI didn’t make a provision to CF for three successive years as a technical committee felt its “buffers” were more than enough. In the last two years, however, RBI has made provisions to CF. The adequacy of the current level of CF is one of the key issues likely to be debated extensively by the expert committee.&lt;br /&gt;
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==2013-18: surplus transferred ==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F20&amp;amp;entity=Ar02210&amp;amp;sk=E802297C&amp;amp;mode=text  Pradeep Thakur, In last 5 yrs, RBI transferred 75% of its income as surplus, November 20, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: RBI's Balance Sheet, 2013-18.jpg|RBI's Balance Sheet, 2013-18 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F20&amp;amp;entity=Ar02210&amp;amp;sk=E802297C&amp;amp;mode=text  Pradeep Thakur, In last 5 yrs, RBI transferred 75% of its income as surplus, November 20, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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The Reserve Bank of India (RBI) transferred around Rs 2.5 lakh crore to the government during the last five years, which was around 75% of the central bank’s income.&lt;br /&gt;
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While analysing the government’s finance account last year, the Comptroller and Auditor General studied RBI’s income, expenditure and surplus transferred to the Centre between 2013-14 and 2017-18 and found that out of its income of Rs 3.3 lakh crore, the central bank had transferred Rs 2.48 lakh crore. The highest payout was in 2015-16, when 83% of the RBI’s income was transferred to the Centre as surplus.&lt;br /&gt;
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RBI’s reserves have been a bone of contention, with the government keen to increase the payout. What has added to the discord in recent years is the Economic Survey pointing out that RBI has higher reserves than other central banks.&lt;br /&gt;
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In the recent past, RBI has been transferring surplus of around Rs 65,000 crore annually to the government, barring 2017 when its expenditure more than doubled to Rs 31,000 crore. Till 2016-17, the RBI’s expenditure remained below Rs 15,000 crore but shot up due to higher cost of printing currency notes at the time of demonetisation.&lt;br /&gt;
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In a speech last month, RBI deputy governor Viral Acharya had hit out at the government for seeking higher dividend and cited the example of Argentina, where a similar development took place eight years ago, to argue that the central bank’s autonomy should not be compromised. The issue was one of the key agenda items at the marathon board meeting of the RBI.&lt;br /&gt;
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===Surplus capital, 2013-18===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F02%2F02&amp;amp;entity=Ar02900&amp;amp;sk=7D9EB8EA&amp;amp;mode=text  RBI’s forex sale profit to help bridge deficit, February 2, 2019: ''The Times of India'']&lt;br /&gt;
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[[File: The Reserve Bank of India’s surplus capital, 2013-18.jpg|The Reserve Bank of India’s surplus capital, 2013-18 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F02%2F02&amp;amp;entity=Ar02900&amp;amp;sk=7D9EB8EA&amp;amp;mode=text  RBI’s forex sale profit to help bridge deficit, February 2, 2019: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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''To Consider ₹28,000Cr Interim Dividend In Addition To ₹40,000Cr Already Given To Govt''&lt;br /&gt;
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The volatility in the foreign exchange and bond market is helping the government to bridge some of its fiscal deficit. The Reserve Bank of India (RBI) is understood to have made record profits from selling dollars in the foreign exchange market when the rupee came under pressure.&lt;br /&gt;
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These profits are likely to be distributed to the government in the form of an interim dividend, which will be considered in the next board meeting of the central bank.&lt;br /&gt;
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Economic affairs secretary Subhash Chandra Garg said on Friday that the government expects an interim dividend of Rs 28,000 crore from the RBI. This is in addition to the Rs 40,000 crore already received from the central bank during FY19, Garg said in an interaction with the media after the interim budget was announced.&lt;br /&gt;
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The Rs 28,000-crore interim dividend will be transferred by the RBI before end March 2019. As a result, the interim dividend will help the government ease fiscal pressure as the money will come within the current financial year. The RBI, which follows a July-June financial year, paid about 63% higher dividend than the previous year (2016-17).&lt;br /&gt;
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Meanwhile, the government has revised dividend or surplus of the RBI, nationalised banks and financial institutions to Rs 74,140 crore from Rs 54,817 crore estimated earlier in the Budget 2018-19. In the next year too, the RBI is expected to be a major contributor to the government’s revenues.&lt;br /&gt;
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A panel headed by former RBI governor Bimal Jalan is looking at whether the central bank is holding surplus capital, which can be transferred to the government. The panel is expected to submit its report by end-March.&lt;br /&gt;
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According to Care Ratings MD &amp;amp; CEO Rajesh Mokashi, dividends and profit will contribute highest (50%) to the non-tax revenue.&lt;br /&gt;
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“The government is expecting higher dividends (11.8% more) by way of surplus transfers from the RBI as the performance of the PSUs has been impacted by nonperforming assets. Other non-tax revenues are slated to grow 8.9% over 34.3% yearon-year in the previous year,” he said. Other non-tax revenues include social, general and economic services provided by the government.&lt;br /&gt;
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=Dividends=&lt;br /&gt;
==2017: Demonetisation, printing of currency: RBI halves dividend ==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=RBI-halves-dividend-to-govt-to-Rs-31k-11082017021025  Mayur Shetty, RBI halves dividend to govt to Rs 31k cr, August 11, 2017: The Times of India]&lt;br /&gt;
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[[File: RBI dividend to government, 2013-17.jpg|RBI dividend to government, 2013-17; [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=RBI-halves-dividend-to-govt-to-Rs-31k-11082017021025  Mayur Shetty, RBI halves dividend to govt to Rs 31k cr, August 11, 2017: The Times of India]|frame|500px]]&lt;br /&gt;
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'''Demonetisation, Printing Of Currency Take A Toll'''&lt;br /&gt;
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In a surprise announcement, the RBI said that it has halved its dividend payment to the government to Rs 30,659 crore for 2016-17 from nearly Rs 66,000 crore in each of the previous two years. The lower dividend is due to huge expenses borne by the RBI by way of interest payment to banks as part of its liquidity management exercise and in printing notes following demonetisation.&lt;br /&gt;
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The dividend amount was decided by the central board of directors, which met to finalise accounts for the year ended June 2016.The board would have also finalised how the central bank deals with the demonetised currency notes that were not turned in before June 2017. However, the RBI is yet to divulge details on whether it has extinguished the currency which has not been deposited.&lt;br /&gt;
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The halving of dividend will hurt the government's finances. “The lower amount will be a concern since the government's non-tax receipts will be affected. In the Budget, it was assumed that around Rs 75,000 crore would come from RBI, public sector banks (PSBs) and financial institutions compared with a little over Rs 76,000 cr in FY17,“ said Madan Sabnavis, chief economist, CARE Ratings. According to Sabnavis, as PSBs are unlikely to do better than last year and the RBI will be transferring a smaller amount, this will impact the fiscal deficit numbers.“If other conditions remain unchanged, the fiscal deficit can increase from 3.2% to 3.4% this year,“ he added.&lt;br /&gt;
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Devendra Kumar Pant, chief economist, India Ratings, said the drop in dividend is due to lower earnings due to reverse repo transactions (where the RBI borrows from banks) and high costs incurred in printing of notes. Besides this, the appreciation of the domestic currency vis-a-vis the US dollar led to lower returns in rupee terms. “Firstquarter direct tax collections, if continued in the fiscal, will provide some buffer for central government deficit,“ he added.&lt;br /&gt;
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The minister of state for finance Arun Meghwal had earlier said that it costs between Rs 2.87 and Rs 3.09 to print the new Rs 500 note and Rs 3.54-3.77 for a Rs 2,000 note. Given these numbers, it would have cost the RBI over Rs 13,000 crore to print fresh currency notes during demonetisation. This is almost thrice the Rs 3,421 crore the RBI spent on printing notes in the previous year. According to economists, when the macro fundamentals are so und, the RBI ends up with weak earnings and, conversely, when the country's fundamentals are under strain, the central bank generates exceptional gains. This is because at times of stress, the RBI tightens liquidity and makes windfall profits lending to banks at high rates.But when the rupee is strengthening, the central bank loses money by buying a falling dollar. The biggest cost to the RBI by far, when the country is facing a problem of plenty, is the cost of impounding surplus liquidity. Banks are sitting on sur plus funds due to absence of credit demand. Soumya Kanti Ghosh, chief economist, SBI, said, “Credit growth has decelerated by Rs 1.5 lakh crore in current fiscal -a historic low.“ He added that given surplus funds, SBI, Axis Bank and Bank of Baroda have reduced the savings bank rate to keep the lending rate low.&lt;br /&gt;
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Since November, banks have been awash with surplus liquidity thanks to cash being deposited with them.While most of these were slowly withdrawn, a large chunk continued to remain with banks. According to dealers, the surplus liquidity with banks has risen to Rs 3 lakh crore as compared to the RBI's target range of Rs 1 lakh crore.&lt;br /&gt;
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==2016&amp;gt; 2018==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F08%2F09&amp;amp;entity=Ar02101&amp;amp;sk=6468B053&amp;amp;mode=text  At ₹50,000cr, RBI gives govt 63% more dividend, August 9, 2018: ''The Times of India'']&lt;br /&gt;
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The RBI has transferred a surplus of Rs 50,000 crore to the central government, which is 63% more than last year’s dividend of Rs 30,659 crore. This payout is also 91% of the Rs 54,817-crore dividend income that the government budgeted from the RBI, nationalised banks and other financial institutions in its Budget 2018.&lt;br /&gt;
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It is likely that the central bank would have generated a higher surplus arising out of foreign exchange operations. The RBI has sold foreign currency assets worth over $20 billion this year, which is reflected in the decline in forex reserves from nearly $400 billion on March 30, 2018 to around $379 billion. The foreign currency assets sold were worth Rs 1.40 lakh crore and would have added to the RBI’s rupee balance sheet and enabled it to pay a higher dividend.&lt;br /&gt;
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Public sector banks have not distributed any dividend to the government as all but two of them have reported losses. However, insurance companies would have made some payment to the government. Earlier in March, the RBI paid an interim dividend of Rs 10,000 crore at the insistence of the Centre to support fiscal position.&lt;br /&gt;
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“The central board of directors of the RBI, at its meeting held on August 8, approved the transfer of surplus amounting to Rs 500 billion (Rs 50,000 crore) for the year ended June 30, 2018 to the government,” the central bank said in a statement.&lt;br /&gt;
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Unlike other financial institutions, the RBI follows a July-June financial year. The dividend payout had shrunk last year as the RBI had to spend a lot of money in printing of new currency notes following demonetisation in November 2016.&lt;br /&gt;
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=Gold reserves=&lt;br /&gt;
==Purchases in 2009, 2018==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F09%2F04&amp;amp;entity=Ar02007&amp;amp;sk=B0770925&amp;amp;mode=text  RBI boosts forex kitty with first gold buy in 9 years, September 4, 2018: ''The Times of India'']&lt;br /&gt;
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The Reserve Bank of India (RBI) has bought nearly 8.5 tonnes of gold in financial year 2017-18, the first purchase of yellow metal by the central bank in almost nine years, a report said.&lt;br /&gt;
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The RBI held just over 566 tonnes of gold as on June 30, 2018, compared with 558 tonnes as on June 30, 2017, according to the central bank’s latest annual report for 2017-18.&lt;br /&gt;
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The central bank had last purchased gold in November 2009, when it had bought 200 tonnes of yellow metal from the International Monetary Fund (IMF).&lt;br /&gt;
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Of over 566 tonnes of gold reserves, about 292 tonnes is held as backing for notes and is shown as an asset of the issue department, and the balance 274 tonnes is treated as an asset of the banking department.&lt;br /&gt;
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The value of gold held as asset of banking department rose by 11.1% to Rs 69,674 crore as on June 30, 2018, from Rs 62,702 crore as on June 30, 2017.&lt;br /&gt;
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This increase was primarily on account of depreciation of rupee as against the dollar and the addition of nearly 8.5 tonnes of gold during the year, the RBI’s annual report said.&lt;br /&gt;
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=Government- RBI relations=&lt;br /&gt;
== Why govts want central banks on their side==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F05&amp;amp;entity=Ar02504&amp;amp;sk=671ADF05&amp;amp;mode=text  November 5, 2018: ''The Times of India'']&lt;br /&gt;
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'''Why govts want central banks on their side'''&lt;br /&gt;
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A country's central bank and its government may not always see eye to eye — the latest rift between the RBI and the Centre is a case in point. But what makes a central bank essential to a country's economy, and what kind of power does it enjoy?&lt;br /&gt;
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'''Can an economy work without a central bank?'''&lt;br /&gt;
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Considering the influence of central banks in today’s age, this is a difficult question to answer. Many countries have witnessed a constant tussle between the elected government and their central bank but no modern government has been able to either abolish or significantly curtail the power of their central bank. In the absence of such a bank it is difficult to imagine how a reliable payments system, a stable currency and controlled inflation level could be maintained.&lt;br /&gt;
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'''What is the role of a central bank?'''&lt;br /&gt;
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Among the important roles of a central bank is to control the cost of money by changing interest rates. This role itself gives it immense power to stimulate or slow the economy. Apart from this, the central banks — in our case Reserve Bank of India — formulate, implement and monitor the country’s monetary policy. It monitors the financial system by prescribing broad parameters of banking operations to ensure the public has confidence in the system and protects depositors’ interest.&lt;br /&gt;
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The bank also monitors foreign exchange reserves. It is the only authority that has the right to issue or destroy currency in circulation. The central bank also does merchant banking for the government as well as other banks.&lt;br /&gt;
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'''How independent is the RBI?'''&lt;br /&gt;
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Like other central banks, RBI is an independent entity within the government. It is governed by a central board of directors appointed by the government according to the Reserve Bank of India Act. The board is appointed for four years with a governor and up to four deputy governors. There are 10 other directors nominated by the government, two government officials and four non-official directors from local boards. There are also four local boards in Mumbai, Kolkata, Chennai and New Delhi to advise the central board on local matters. Local board members are nominated by&lt;br /&gt;
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'''Where is the most powerful central bank?'''&lt;br /&gt;
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While it controls the world’s largest economy, US's Federal Reserve Bank also issues treasury bills to raise money to finance spending. These US securities are bought by other nations and their value is based on the price of the US dollar. If the Fed lowers interest rate and makes dollar cheaper to borrow, the pinch will be felt by all other economies. Similarly, a stronger dollar will benefit countries that hold US securities.&lt;br /&gt;
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==1935-2016: Govt. vs. the RBI==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F03&amp;amp;entity=Ar00507&amp;amp;sk=05B1245C&amp;amp;mode=text  Govt vs RBI: Top FinMin man mocks dy governor, November 3, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: 1935-2016- tiffs between the govt. and the RBI.jpg|1935-2016: tiffs between the govt. and the RBI &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F03&amp;amp;entity=Ar00507&amp;amp;sk=05B1245C&amp;amp;mode=text  Govt vs RBI: Top FinMin man mocks dy governor, November 3, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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''Another DG Gives Speech Attacking Centre On Lending''&lt;br /&gt;
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Hostilities between the Modi government and the Reserve Bank of India remained at heightened levels with a top bureaucrat taking to social media on Friday morning to mock a recent speech of deputy governor Viral Acharya. Hours later, the RBI uploaded a speech another deputy governor, N S Vishwanathan, gave at XLRI Jamshedpur earlier this week. In his speech, Vishwanathan attacked the government’s arguments for easing capital requirements, saying that it would result in banks being strong only in a “make-believe” manner.&lt;br /&gt;
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Economic affairs secretary Subhas Chandra Garg, the finance ministry’s point person for managing ties with the RBI, fired the first salvo when he took aim at Acharya’s comment that “governments that do not respect central bank independence will sooner or later incur the wrath of financial markets”.&lt;br /&gt;
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'''RBI dy guv against govt’s bid to push bank credit'''&lt;br /&gt;
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Rupee trading at less than 73 to a dollar, Brent crude below $73 a barrel, markets up by over 4% during the week and bond yields below 7.8%. Wrath of the markets?” economic affairs secretary Subhas Chandra Garg tweeted on Friday.&lt;br /&gt;
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Ironically, Garg’s very public dig at governor Urjit Patel’s hand-picked deputy came just two days after the finance ministry issued a carefully-worded statement that among other things signaled its displeasure with the RBI for airing its differences with the government.&lt;br /&gt;
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Vishwanathan, who unlike Acharya is a career central banker, appeared to be at odds with the government’s push to accelerate bank credit when he indicated that higher growth in lending was not desirable. “It may be noticed that in the past, high levels of credit growth due to ‘supply push’ have resulted in high corporate leverage and consequent NPAs in the banking system,” he said.&lt;br /&gt;
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“We must guard against any push for dilution of standards in the name of aligning them with international benchmarks because that will be cherry-picking and will result in our banks being strong in a make-believe sense and not in reality.” This appeared to be a response to financial services secretary Rajiv Kumar’s statement last week that minimum common equity (CET) Tier I ratio as prescribed by RBI stands at 5.5% as against 4.5% under Basel III norms. A relaxation of the capital requirement to Basel III levels would enable bank to lend up to Rs 6 lakh more.&lt;br /&gt;
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But, according to the deputy governor, current levels of provisions maintained by banks may not be enough to cover the expected losses due to defaults, and hence adequate buffers must be built to absorb the expected losses which are under-provided. Vishwanathan said that bank credit was already growing at 14% year on year in line with GDP growth. Within this, bank loans to NBFC during this period grew 48.3%.&lt;br /&gt;
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According to Vishwanathan, international capital norms have been designed based on internationally observed recovery rates. However, the loss given defaults are far more than those observed internationally. He also shot down arguments that some defaults are caused by external circumstances and that regulations should treat them differently based on the reasons behind them. “This is a fallacy. There are two issues here: recognition and resolution. The recognition of default or accounting for deterioration in the quality of asset should be independent of the reasons for such default or deterioration.”&lt;br /&gt;
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===When mediating PM, diplomatic governors averted crisis===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F11&amp;amp;entity=Ar02013&amp;amp;sk=A0864585&amp;amp;mode=text  Mayur Shetty, December 11, 2018: ''The Times of India'']&lt;br /&gt;
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Public statements and disclosures by former governors — Y V Reddy, D Subbarao and Raghuram Rajan — in their writings have shown that there have been disagreements between the finance ministry and the RBI. But none of these disputes ever boiled over to a situation leading to the governor’s resignation.&lt;br /&gt;
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According to central bank insiders, in the past governors have adopted a strategy of convince and compromise. Also, in the case of differences that arose during the 10-year UPA government, then Prime Minister Manmohan Singh, himself a former governor, helped in brokering peace between the RBI and the finance ministry. Even though previous governors have been bureaucrats, after coming to the RBI it is the chair that has taken over. Both Reddy and Subbarao have been extremely strong votaries of independence of the central bank after taking charge as governors. However, despite their independence they have acknowledged that the finance minister is senior to the RBI governor. In the case of Patel, his finance minister Arun Jaitley had taken a fourmonth break between May and August — a time when differences with the government were boiling over.&lt;br /&gt;
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Additionally, in the past the differences were in the area of interest rates that has ceased to be an issue after the creation of the monetary policy committee (MPC), which coincided with the appointment of Patel.&lt;br /&gt;
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Past governors have also managed to handle their differences with the finance ministry using their personal connection with finance ministry officials. Former governors, Reddy and Subbarao, were both former bureaucrats and had many friends in the finance ministry. Rajan, though not a bureaucrat, had worked in Delhi as chief economic adviser where he was prepped for the position of RBI governor.&lt;br /&gt;
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In the case of Patel, his engagement with the finance ministry was two decades earlier as deputy to the IMF India representative. During this period, he build a friendship with Manmohan Singh.&lt;br /&gt;
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There are some insiders who feel that the government’s choice of appointing outside economic experts as governor is a failed experiment as they have very little skin in the game.&lt;br /&gt;
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Raghuram Rajan had made it clear that he had a job at Chicago Booth waiting for him when his term ended. Similarly, many expect that Patel would pursue academic interests after his stint as governor.&lt;br /&gt;
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==1956-57: Pt. Nehru vs. Sir Rau==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/nehru-letter-to-rbi-may-give-modi-government-ammunition-in-urjit-row/articleshow/66503739.cms  Sidhartha, November 5, 2018: ''The Times of India'']&lt;br /&gt;
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The traditionally fraught nature of government-RBI relations goes back to the early days of the central bank when Sir John Osborne Smith resigned his governorship in 1937 following differences with the colonial government over interest and exchange rates. &lt;br /&gt;
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But it is Jawaharlal Nehru’s stormy exchanges with Sir Benegal Rama Rau, leading to his resignation as RBI governor, that has tickled the interest of people in the finance ministry – and may provide them with an effective counter to the Rahul Gandhi-led Congress’s attack on the government for undermining the autonomy of the central bank.&lt;br /&gt;
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Rau, a civil servant, was the fourth governor of RBI and quit in January 1957 after seven and a half years in the saddle when Nehru sided with finance minister TT Krishnamachari and made it clear that RBI was part of “the various activities of the government”. &lt;br /&gt;
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Rau had accused TTK of “rude behaviour” over differences that began over a Budget proposal. TTK had referred to RBI as a “section” of the finance ministry and described it as “reserved”, as well as expressed doubts in Parliament “as to whether it is capable of doing any thinking”. &lt;br /&gt;
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In a letter to Rau, India’s first Prime Minister and Rahul Gandhi’s great-grandfather, wrote: “It (RBI) has to advise government, but it also has to keep in line with government.” He suggested the governor could resign if he thought that it was not possible to continue; Rau put in his papers a few days later. &lt;br /&gt;
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Nehru said it would be “completely absurd” if the central bank followed a different policy because it did not agree with the government’s objectives or its methods. &lt;br /&gt;
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“You have laid stress on the autonomy of the RBI. Certainly it is autonomous, but it is also subject to the central government’s directions…. Monetary policies must necessarily depend upon the larger policies which a government pursues. It is in the ambit of those larger policies that the RBI can advise. It cannot challenge the main objectives and policies of government,” asserted Nehru. &lt;br /&gt;
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“When you talked to me I pointed out to you that it was for the central government to lay down policies and the RBI could not obviously have policies contrary to those of the central government. You agreed with this. And yet I find in your memorandum a different point of view,” he added. &lt;br /&gt;
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The RBI believed that TTK’s Budget proposal would effectively push up interest rates and forwarded a resolution of the central board. “The board requests the government to consult RBI in advance on all matters which significantly affect the monetary structure and policy,” the board said on December 12, 1956. &lt;br /&gt;
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The same day, Nehru wrote to the governor pulling him up for his “improper approach” which was seen to be “agitational” against the Centre. &lt;br /&gt;
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A fortnight later, Rau responded to Nehru’s letter saying that despite differences on several issues, nothing had leaked out from RBI. He then wrote that the government could reject RBI’s advice though it should be given an opportunity to place all facts and its view before a decision was taken on “technical and sometimes complicated monetary issues”. &lt;br /&gt;
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The then governor also took “strong exception” to some of Nehru’s comments on not supporting government policies and said the consultations over the Budget proposal were inadequate. &lt;br /&gt;
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In the Budget, the government had proposed to increase the stamp duty on an instrument used by lenders to get loans at a discount to RBI’s key policy rate – the bank rate. RBI argued that the higher stamp duty, which it said was decided without prior consultation, would push up the bank rate by half a percentage point. &lt;br /&gt;
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Parallels are being drawn between the developments six decades ago and the current power tussle between the Centre and RBI – although in that instance, the central bank had gone out on a limb to criticise a Budget proposal whereas it’s the government that is now unhappy with the RBI for not taking on board its concerns about the economy. &lt;br /&gt;
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While most governments and the central bank have had differences over issues ranging from interest rates to regulations, the current rift has widened to an extent that the finance ministry has sought formal consultations with the governor in what is one step short of invoking Section 7 of the RBI Act, a provision that has never been used. &lt;br /&gt;
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The government has been pushing RBI to address its concerns related to providing support to non-banking finance companies, ravaged by the impact of defaults by IL&amp;amp;FS, in addition to addressing the credit needs of small businesses and reviewing the prompt corrective action (PCA) framework dealing with weak banks.&lt;br /&gt;
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==2014, PM Manmohan Singh: Governor must heed govt==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F07&amp;amp;entity=Ar00308&amp;amp;sk=C7215202&amp;amp;mode=text  Guv must heed govt, Manmohan said in ’14, November 7, 2018: ''The Times of India'']&lt;br /&gt;
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The dynamic between the RBI and the government is one of give and take but if the finance minister insists on a certain course of action, his view will need to prevail, former PM Manmohan Singh has said in his daughter Daman Singh’s book “Strictly Personal: Manmohan and Gursharan”.&lt;br /&gt;
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Recalling his tenure at the central bank, Singh says, “There is always give and take. I had to take the government into confidence. The governor of the Reserve Bank is not superior to the finance minister. And if the finance minister insists, I don’t see that the governor can refuse, unless he is willing to give up his job.”&lt;br /&gt;
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Singh’s comments in the 2014 book are significant in the context of tensions between the Centre and RBI governor Urjit Patel amid heated commentary on the autonomy of the central bank. Singh says that after recording a divergent point of view, the governor can insist on directions from the government which would then need to be followed.&lt;br /&gt;
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'''Singh speaks of Caparo, tension with then FM Pranab Mukherjee'''&lt;br /&gt;
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Singh speaks of tensions with then finance minister Pranab Mukherjee over the move of the Londonbased Caparo group, in which business magnate Swraj Paul and his family held a majority share, to buy shares of Escorts Group. The UK-based business initiated the purchase of shares even before the RBI granted it permission. The RBI informed the government that it intended to reject Caparo’s application.&lt;br /&gt;
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The book notes that the government of the day, however, did not have any misgivings and asked the RBI to grant permission, which it did. The matter went to court and the Supreme Court finally held the government’s order to the RBI and the permission granted by the central bank to be valid.&lt;br /&gt;
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Asked about the case, Singh says, “Well, it was a situation that brought me in conflict with the government. I have given the view of the Reserve Bank, but said the government could always overrule it. This was a government scheme... Ultimately, it was resolved by the government giving a directive to the RBI.”&lt;br /&gt;
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Singh makes it clear that the government would have liked the RBI to have acted on its own with regard to the application under a portfolio investment scheme for NRIs. But he said the RBI did not act until the explicit approval of the Cabinet Committee on Political Affairs was conveyed to the central bank. In a second case the book refers to, Singh had strong reservations over the application of the Bank of Credit and Commerce International to open a couple of branches in India. Permission was almost granted when Charan Singh was PM and was finally cleared by the Congress government in 1983.&lt;br /&gt;
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The government, unhappy with the RBI’s power to issue bank licences, sought to take these powers away. “I sent my letter of resignation to Pranab Mukherjee and the PM. Later, I managed to persuade Mrs Gandhi that the Cabinet decision was not proper... they dropped the idea,” Singh says.&lt;br /&gt;
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==10 flash points between Govt., RBI: 2017-18==&lt;br /&gt;
[[File: 2017, 2018- tensions between the Government and the RBI under Patel, a chronology; 2019, Nov- The RBI’s Central board of directors.jpg|2017, 2018: tensions between the Government and the RBI under Patel, a chronology &amp;lt;br/&amp;gt; 2019, Nov: The RBI’s Central board of directors &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F19&amp;amp;entity=Ar02902&amp;amp;sk=637D344F&amp;amp;mode=text  Sidhartha &amp;amp; Mayur Shetty   November 19, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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[[File: 10 flash points between Govt., RBI- 2017-18- Part I.jpg|10 flash points between Govt., RBI- 2017-18- Part I &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F10%2F30&amp;amp;entity=Ar02205&amp;amp;sk=E9E288E4&amp;amp;mode=image  October 30, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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[[File: 10 flash points between Govt., RBI- 2017-18- Part II.jpg|10 flash points between Govt., RBI- 2017-18- Part II &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F10%2F30&amp;amp;entity=Ar02205&amp;amp;sk=E9E288E4&amp;amp;mode=image  October 30, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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'''See graphics''':&lt;br /&gt;
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''2017, 2018: tensions between the Government and the RBI under Patel, a chronology &amp;lt;br/&amp;gt; 2019, Nov: The RBI’s Central board of directors''&lt;br /&gt;
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''10 flash points between Govt., RBI- 2017-18- Part I''&lt;br /&gt;
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''10 flash points between Govt., RBI- 2017-18- Part II''&lt;br /&gt;
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===Points of friction===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F02&amp;amp;entity=Ar00508&amp;amp;sk=4933A620&amp;amp;mode=text  Sidhartha, ‘RBI’s refusal to engage forced govt to mull extreme legal step’, November 2, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: Friction between the Government and the Reserve Bank of India- Part I.jpg|Friction between the Government and the Reserve Bank of India- Part I &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F11&amp;amp;entity=Ar02003&amp;amp;sk=B8EACFF5&amp;amp;mode=image  December 11, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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[[File: Friction between the Government and the Reserve Bank of India- Part II.jpg|Friction between the Government and the Reserve Bank of India- Part II &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F11&amp;amp;entity=Ar02003&amp;amp;sk=B8EACFF5&amp;amp;mode=image  December 11, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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'''See graphics''':&lt;br /&gt;
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''Friction between the Government and the Reserve Bank of India- Part I''&lt;br /&gt;
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''Friction between the Government and the Reserve Bank of India- Part II''&lt;br /&gt;
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'' ‘Guv Patel, Team Not Happy With An Assertive Board’ ''&lt;br /&gt;
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The Modi government was driven to consider the extreme step of invoking the never-before-used Section 7 of the RBI Act by central bank governor Urjit Patel’s reluctance to engage with stakeholders, according to highly placed sources in New Delhi. “He was scarce and unavailable to bankers, industry and market players even on matters of pressing concern. We were left with no choice. It was the only way we could bring the central bank to the table,” one person close to the development told TOI.&lt;br /&gt;
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This confirms TOI’s exclusive report of Monday that tensions between the Patel-led RBI and the government had “come to a head” because the two were not only not able to see eye-to-eye on a host of issues, there had also “been an almost complete breakdown in communication” between them.&lt;br /&gt;
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'''RBI didn’t make public decisions taken at last board meeting'''&lt;br /&gt;
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The move could be significant as a consultative process sets the stage for a government to issue directions to the RBI if there is no agreement,” the report added.&lt;br /&gt;
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No government has invoked Section 7 of the Reserve Bank of India Act of 1934 in the central bank’s 83-year history. The Section says, “The central government may from time to time give such directions to the bank as it may, after consultation with the governor of the bank, consider necessary in public interest.”&lt;br /&gt;
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The Section 7 reference to RBI was the first formal step towards discussing a troika of concerns with RBI — credit flow, liquidity, and problems facing medium and small businesses — failing which the central bank would have to face the “legal instrument of last resort”, which would be tantamount to a vote of no-confidence in the gover nor.&lt;br /&gt;
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The finance ministry issued a carefully-worded statement saying the government and the RBI should be “guided by public interest and the requirements of the Indian economy”.&lt;br /&gt;
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The government had hoped that RBI would go by the board’s collective view instead of the governor and his deputies charting the course of the financial sector by themselves. But the central bank — which also doubles up as regulator for banks and some market segments — did not seem to go by the view of the directors. Among the 18 directors on the central board, 11 are independent, with five RBI officials and two finance ministry bureaucrats making up the complete cast.&lt;br /&gt;
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At last week’s board meeting, it was decided that four decisions that had been taken would be made public. However, RBI, which it now appears, had reluctantly acquiesced into the majority decision, decided otherwise and made no disclosure about the “unanimous” calls. The radio silence came as a surprise because the directors had left the meeting convinced that RBI officials were on the same page.&lt;br /&gt;
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At the marathon meeting, which had over 20 items on the agenda, the RBI brass had suggested that the issues that could not be decided, would be taken up at next meeting. The meeting was to be held post-Diwali. Accordingly, Patel verged on announcing a specific date but was stalled in his tracks by a top RBI official, who suggested that it was time to wrap up. Thus, the date remained undecided.&lt;br /&gt;
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In fact, RBI’s announcement of November 19 as the date when the board would meet next, came only after some independent directors, frustrated by the delay, forced the management on Wednesday to take a decision, said sources. While the government has faced flak for nominating S Gurumurthy and Satish Marathe on RBI’s central board, as well as removing Nachiket Mor, people close to the decision said the move was necessary and aimed at turning it from merely being a rubber stamp to a body which could hold its own while engaging with the bank leadership.&lt;br /&gt;
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This was a significant turn. For over the years, it was the Central Committee of the Board which had become the “real” decisionmaking body with the board starving itself of powers to regulate by delegating those to the CCB.&lt;br /&gt;
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The sudden power shift, with the board asserting itself and demanding a say, does not seem to have gone down well with the RBI brass, prompting howls of protest about government interference, said a top official who has been watching the evolving dynamics on Mint Road.&lt;br /&gt;
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Sources said that at the last board meeting, financial services secretary Rajiv Kumar made a detailed presentation on the need to align Indian standards with global norms instead of stiffening them unnecessarily. The suggestion was an attempt to convince RBI to tweak its rules for capital and PCA. There were also complaints about liquidity shortage and Gurumurthy flagged the concern about inadequate fund availability for small businesses.&lt;br /&gt;
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While most of the board, including corporate sector representatives agreed with the view, RBI representatives, supported by some of the independent directors, did not agree.&lt;br /&gt;
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===2017, 2018: tensions under Patel ===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F10%2F29&amp;amp;entity=Ar00302&amp;amp;sk=ECF78AAA&amp;amp;mode=text  Sidhartha &amp;amp; Mayur Shetty, Tensions between Patel-led RBI, govt coming to a head?, October 29, 2018: ''The Times of India'']&lt;br /&gt;
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In New Delhi and Mumbai’s corridors of power and money, the growing schism between the government and the RBI, and particularly its governor Urjit Patel, has been the subject of much talk since the early months of this year.&lt;br /&gt;
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During this time, not only have the two not seen eye-to-eye on a host of issues, there has been an almost complete breakdown in communication between the government and RBI.&lt;br /&gt;
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The simmering differences have now come to a head with RBI’s deputy governor Viral Acharya – who is widely seen to have been brought in by Patel from his professorial position in New York University – on Friday clearly hinting at government interference and emphasising the need for autonomy (TOI had front-paged his remarks in its October 27 edition).&lt;br /&gt;
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The tension has triggered fevered speculation about Patel’s fate. Not only does he appear highly unlikely to get an extension beyond the threeyear term that ends next September, questions have arisen over his continuance. Patel did not respond to a message from TOI.&lt;br /&gt;
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Some people in the NDA government have gone so far as to acknowledge in private that “even Raghuram Rajan was better than this” — and Patel’s predecessor didn’t leave on the best of terms.&lt;br /&gt;
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''Govt, RBI clashes on at least 6 issues in ’18 alone''&lt;br /&gt;
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A person in the NDA government told TOI a few months ago, “After Rajan, it’ll look bad if Patel is asked to go.” And people who have a sense of Patel’s thinking say that he knows the government won’t keep him on beyond his current term, so he doesn’t really care about being in its good books.&lt;br /&gt;
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In 2018 alone, there have been at least half-a-dozen issues on which the two have taken opposing stands. While the spat began with the government unhappy with the inflation-focused RBI for not cutting interest rates – and even raising them – it spilled over into regulation, something the central bank believes is its exclusive domain.&lt;br /&gt;
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RBI’s February 12 circular on classification of non-performing assets and norms of loan restructuring was the next flashpoint. The government saw it as overly harsh, and indeed it drove all but two staterun lenders into the red.&lt;br /&gt;
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Around the same time, as the Nirav Modi fraud broke, the government hit out at RBI on supervision, drawing an almost-immediate rebuttal with Patel seeking more powers to oversee public sector banks so that they are at par with their private sector peers.&lt;br /&gt;
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In addition, the government has been insisting that RBI step in to provide relief to non-banking finance companies (NBFCs), which are grappling with a cash crunch after IL&amp;amp;FS defaulted on repayments. The central bank has refused to play ball.&lt;br /&gt;
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What has also irked the central bank brass is the way in which Nachiket Mor was removed from the RBI board more than two years before his term was to end without formally informing him. Mor’s removal was seen to be linked to his vocal opposition to the government's demand for a higher dividend.&lt;br /&gt;
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In his strongly worded speech late last week, RBI deputy governor Viral Acharya said, &amp;quot;Governments that do not respect central bank independence will sooner or later incur the wrath of financial markets, ignite economic fire, and come to rue the day they undermined an important regulatory institution&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
Patel is said to have virtually been incommunicado for the past three days, heightening suspense ahead of Monday's meeting of the RBI board, the second such interaction in less than a week. Last week’s meeting was stormy by most accounts with recently-nominated director and SJM activist S Gurumurthy seeking RBI’s intervention to help small businesses, while government nominees made a detailed presentation on the need to bring capital norms in line with global standards instead of making them stiffer. The change is seen to be crucial to get weak banks that are now under RBI’s prompt corrective action out of the classification. This would lift some of the curbs on their lending and expansion.&lt;br /&gt;
&lt;br /&gt;
In remarks made on Saturday that were seen to be in response to Acharya’s, although he didn’t name RBI, finance minister Arun Jaitley said regulators need to have wide-ranging high quality discussion with all stakeholders. “I think, for any regulatory mechanism, stakeholder consultation has to be of a very high quality, which will probably lead to a revisiting of traditional thoughts and opinions. And that’s why, (when) several regulators now publish their approach papers or tentative drafts, they hold hearings, meet individuals, meet groups of stakeholders together and improve upon what’s being said.”&lt;br /&gt;
&lt;br /&gt;
A separate payments regulator has been another friction point with RBI stating its position publicly on why it did not support the move. In fact, it went to the extent of releasing its dissent note on a separate regulator on its website.&lt;br /&gt;
&lt;br /&gt;
People in the government said the tension should not be seen through a government versus regulator prism. They argued that the onus of taking the board along rests with the governor.&lt;br /&gt;
&lt;br /&gt;
They also denied it was trying to encroach on RBI’s turf, but added that institutional autonomy should be a means for achieving faster growth rather than an end in itself.&lt;br /&gt;
&lt;br /&gt;
===2018, Nov: The appearance of a truce===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F11&amp;amp;entity=Ar00314&amp;amp;sk=1E299772&amp;amp;mode=text   Sidhartha, RBI resisted acting on Nov board deal, December 11, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
In the hours that followed the marathon November 19 RBI board meeting, there was a conscious effort – especially by the external directors and government nominees – to paint a picture of cordiality. The impression sought to be conveyed was that the RBI had come around to the government’s way of thinking on several key issues.&lt;br /&gt;
&lt;br /&gt;
But the ceasefire proved ephemeral. A committee which was to be constituted by the RBI and government to review RBI’s capital reserves has yet to see the light of day.&lt;br /&gt;
&lt;br /&gt;
Similarly, when the RBI’s Board for Financial Supervision (BFS) met last week, it did not consider the government’s demand for a review of the PCA (prompt corrective action) framework.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''RBI-govt communication breakdown again evident'''&lt;br /&gt;
&lt;br /&gt;
Many in the government believed that RBI, led by governor Urjit Patel, was “circumventing” board decisions despite the fact that they had been communicated through a formal statement after the November 19 meet. They had earlier pointed out that Patel and his deputies had abruptly wrapped the October 23 board meeting and refused to disclose even the decisions on which there had been an apparent consensus.&lt;br /&gt;
&lt;br /&gt;
That Patel was not at ease with the government’s push for a review of the ECF was evident from his statement to a parliamentary panel (reported by TOI on November 27) that the RBI’s current level of reserves were necessary as a buffer against international volatility and to maintain creditworthiness.&lt;br /&gt;
&lt;br /&gt;
At the next board meeting of the central bank on December 14, the government was expected to ask for a relook at RBI governance structure, with greater oversight by the board. There was a view in the government that the RBI had in the past kept the board out of the picture and taken key decisions in committees packed with hand-picked members.&lt;br /&gt;
&lt;br /&gt;
While breaking the story about the stand-off between the RBI and the government TOI had said there had been a “complete breakdown in communication” between the two.&lt;br /&gt;
&lt;br /&gt;
===The big issues: from IBC to Sec 7===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F11&amp;amp;entity=Ar02000&amp;amp;sk=F4E39ABC&amp;amp;mode=text  Clash course: From IBC to Sec 7, December 11, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
''RBI’s Feb 12 Diktat That Patel Wouldn’t Dilute Put Govt, PSBs On Sticky Wicket''&lt;br /&gt;
&lt;br /&gt;
A key reform measure — the Insolvency and Bankruptcy Code (IBC) — was the trigger for the RBI’s February 12 circular, which turned out to be an inflection point in the relationship between the government and the central bank.&lt;br /&gt;
&lt;br /&gt;
On February 12, the RBI did away with all restructuring scheme, which effectively gave borrowers more time to repay. The central bank’s rationale was that now there was a new law that enables banks to recover money and there was no need to kick the can further down the road. This put the government — the owner of public sector unit (PSU) banks — in a spot as PSU banks now needed more capital then envisaged. Loans had to be classified as defaults before being referred under the IBC and bad loans did soar as delayed repayments were not condoned. While the Centre did not attack the February 12 circular directly, it used the Nirav Modi scam, which broke soon after, to criticise the central bank.&lt;br /&gt;
&lt;br /&gt;
Patel, in a speech at Gandhinagar in March 2018, hit out at the government stating that “success has many fathers, failures none. Hence, there has been the usual blame game, passing the buck, and a tonne of honking”. He then listed out seven legislative provisions that ensured that the RBI did not have much of a say in PSU banks. While the February 12 circular was a reform measure aimed at cleaning bad loans, its timing turned out to be disastrous. Banks were hit by a triple whammy — bond losses due to rising rates, over Rs 20,000-crore provision for Nirav Modi/Gitanjali accounts and additional provisions for non-performing assets (NPAs). Overall PSU bank losses crossed Rs 60,000 crore.&lt;br /&gt;
&lt;br /&gt;
Many in the finance ministry were upset as the high NPAs triggered the imposition of prompt corrective action (PCA) on half the public sector banks and scuppered all plans of boosting growth through increased lending. Ministry officials compared the RBI action on PSU banks of forcing a patient to run a marathon when he was not fully out of the ICU.&lt;br /&gt;
&lt;br /&gt;
What spoiled relations further was Patel’s refusal to engage with ministry officials or even other ministers. Nitin Gadkari, minister of road transport and highways, said in a forum addressing businessmen that his personal experience of dealing with the RBI was not good. Other ministers are known to have complained after filing to to get an audience with the governor.&lt;br /&gt;
&lt;br /&gt;
It was ultimately the differences over NPA classification that led the government to the path of Section 7 of the RBI Act, which empowers the government to give directions to the central bank. When the power producers challenged the RBI’s circular in the Allahabad high court, the government which was a party said that it did not have any objection. It was at this point that the court observed that the government could consider giving directions to the RBI on the issue. While the government did use the Section 7 threat, it was on a host of issues and not just non-performing assets.&lt;br /&gt;
&lt;br /&gt;
=== Dec/ Gov. Urjit Patel resigns ===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F11&amp;amp;entity=Ar00311&amp;amp;sk=44E0E5AB&amp;amp;mode=text  Mayur Shetty, Sidhartha &amp;amp; Surojit Gupta, After ‘truce’, Urjit stuns govt; is 1st guv post-reforms to quit RBI, December 11, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: In Dec 2018, Urjit Patel resigned, becoming independent India’s second governor to quit before the expiry of his term.jpg|In Dec 2018, Urjit Patel resigned, becoming independent India’s second governor to quit before the expiry of his term &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F11&amp;amp;entity=Ar00311&amp;amp;sk=44E0E5AB&amp;amp;mode=text  Mayur Shetty, Sidhartha &amp;amp; Surojit Gupta, After ‘truce’, Urjit stuns govt; is 1st guv post-reforms to quit RBI, December 11, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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'''What''': Reserve Bank of India (RBI) governor Urjit Patel resigned from the post on Monday citing ‘personal reasons’. His term was to end in September 2019. One of RBI’s deputy governors may take charge as the interim head till government finds a successor. The names doing the rounds for the next governor include Subir Gokarn (executive director IMF), SC Garg (economic affairs secretary) and Rajiv Kumar (secretary, financial services).&lt;br /&gt;
&lt;br /&gt;
'''History''': Patel is independent India’s second governor to quit before the expiry of his term over differences with the finance minister. Benegal Rama Rau, RBI’s second governor, had quit in 1957 after complaining about ‘rude’ finance minister TT Krishnamachari. RBI’s first governor, Osborne Smith, an Australian, had also quit in 1937 for not toeing the British government line.&lt;br /&gt;
&lt;br /&gt;
'''Why'''? Differences with the Centre over RBI’s decisions and its functions may have prompted the resignation. Government and RBI were not on the same page (and the differences were public) on issues like the use of RBI’s surplus reserves, handling of weak banks, funds for shadow banks, and interest rates. For the first time in history, the government had invoked its powers to instruct the central bank on certain issues. A sudden overactive RBI board (filled with government nominees), which used to be only an advisory body, could be another factor. “This should be seen as a statement of protest,” said former RBI governor Raghuram Rajan.&lt;br /&gt;
&lt;br /&gt;
'''So what'''? It’s not normal. Patel is the first governor since the 1990s to have quit before completing his term of three years. Raghuram Rajan says, “All Indians should be concerned about Governor Patel's resignation.” It’s not a good sign for RBI’s autonomy. An independent central bank is a check on the government, who may be keen to push for an easier way to prosperity for short-term gains. The move will also impact foreign investors’ perception of the Indian economy.&lt;br /&gt;
&lt;br /&gt;
'''Why now'''? There are various theories doing the rounds. Theory 1: A board meeting was slated for December 14 in which he would have been forced to endorse decisions he didn’t favour. Theory 2: He offered to quit on November 9, the day he met PM, but was asked to stay till polls.&lt;br /&gt;
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=Issues=&lt;br /&gt;
==2016/ Questions Post-Demonetisation ==&lt;br /&gt;
[http://indiatoday.intoday.in/story/demonetisation-rbi-banks-atm-modi-cash-crunch/1/834876.html Usha Thorat , The promise to pay the bearer “India Today” 15/12/2016]&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The RBI's responsibility is to ensure enough clean currency notes in the denominations required for day-to-day transactions in all parts of the country,&amp;quot; said former deputy governor of the Reserve Bank of India,Usha Thorat.&lt;br /&gt;
&lt;br /&gt;
There are many questions people are asking on the demonetisation move and the currency situation in the country. Some of the top-of-the-mind ones are quoted below, and these are my answers:&lt;br /&gt;
&lt;br /&gt;
How does the RBI decide how much currency to print? What say does the Centre have in such a decision?&lt;br /&gt;
&lt;br /&gt;
The RBI's responsibility is to ensure enough clean currency notes in the denominations required for day-to-day transactions in all parts of the country. The RBI makes an annual assessment of the demand for currency. Currently, currency constitutes about 12 per cent of GDP. Hence if the pace of digitisation is the same as the growth in GDP, currency demand should be at least equal to GDP growth (in nominal terms) unless we are pushing for a higher pace of digitisation. Also, seasonal factors affect currency demand-we witness higher demand during harvesting time, festival time and even election time. Finally, there is replacement demand, i.e., soiled notes have to be taken out, and good, clean notes put back in circulation. After making the estimate and deciding on the denomination-wise requirement, indents are placed with the note presses. This exercise is done in consultation with the Government of India.&lt;br /&gt;
&lt;br /&gt;
Why couldn't the RBI have printed notes faster? If the Indian presses couldn't cope with the print load, why not do it abroad?&lt;br /&gt;
&lt;br /&gt;
The trade-off is between ensuring secrecy and having sufficient time to print and stock for remonetisation. The reports seem to suggest that 2 billion notes of Rs 2,000 were got ready prior to announcement. Against notes in circulation of over 15 billion pieces of Rs 500 and 6 billion of Rs 1,000, the annual supply from both the presses together was one-third in each of these two denominations in the past two years. Since the announcement, it is presumed the note printing presses have stepped up production of the Rs 500 and Rs 100 notes. Importing notes to remonetise could be thought of, but the capacity to print currency notes globally is limited and restricted to a few companies. Further, there would be considerable lead time involved. It may not serve the purpose.&lt;br /&gt;
&lt;br /&gt;
What was the total cash in circulation prior to demonetisation? What was the amount held as cash reserve ratio (CRR) by banks and the RBI? And who holds it, and is it held in the form of cash?&lt;br /&gt;
&lt;br /&gt;
Prior to demonetisation, currency or cash in circulation (as on November 4) was Rs 17.7 lakh crore; as on November 25, the figure dropped by Rs 6.1 lakh crore to Rs 11.6 lakh crore. Currency in circulation is a liability of the RBI. It is held either by the public or by banks that have some currency in their vaults; the latter forms a very tiny part of currency in circulation. Banks do not hold cash reserves in the form of currency-these are held as deposits with the RBI and are reflected as liabilities on the RBI balance sheet.&lt;br /&gt;
&lt;br /&gt;
How does the RBI invest its reserves? What does it do with the profit it generates from this?&lt;br /&gt;
&lt;br /&gt;
The RBI earns income from its investments in various assets. The major component of the RBI's assets-roughly 72 per cent-represents the foreign currency assets held in permitted investments abroad. Gold constitutes four per cent of the RBI's assets while Government of India securities account for 22 per cent. In 2015-16, the RBI income was Rs 80,870 crore, of which Rs 74,924 crore was interest income. Interest on foreign securities accounted for 32.5 per cent of interest income and that on government securities 57.5 per cent. Section 47 of the RBI Act states that after making provisions for bad/doubtful debts, depreciation in assets, contribution to the staff and superannuation fund and for all matters for which provisions are to be made by or under the Act or that are usually provided by bankers, the balance of the bank's profits is to be paid to the Central government. Printing of currency notes, employee costs and agency charges (paid to banks to conduct government business) accounted for 84 per cent of RBI expenditure in 2015-16. The surplus profits transferred to the government for the year was Rs 65,876 crore and represented 99.99 per cent of gross income less expenditure.&lt;br /&gt;
&lt;br /&gt;
At the end of the demonetisation drive, what happens to the extinguished cash? Does it hand over this money to the GoI to spend as it wishes or retain it as profit after lessing the cost to print new notes?&lt;br /&gt;
&lt;br /&gt;
At the end of the demonetisation drive, the currency notes returned to the RBI will be shredded, presumably after checking for fakes. The RBI's supply of notes to the public may or may not be equal to what was in circulation before the November 8 measure. While restrictions cannot be placed indefinitely on cash, temporary limits can be justified citing the time taken to print the required amount of currency. Regarding the RBI's liability on demonetised notes that have not been exchanged/deposited in bank accounts, the central bank governor, in a recent press conference, stated that it continues in the bank's balance sheet as of now. This is because the last date for surrender at the RBI counter has not yet been notified (March 31 was mentioned as a date in the PM's speech). There is a view that the RBI's liability ceases only when the last date for exchange at the bank's counter is notified through a legislative process. At such a juncture, to the extent liabilities are extinguished, assets could be contracted through retirement of government debt held by RBI and/or creating a reserve at the bank to the same extent. It may not be prudent to transfer the amount to the government without assessing the macroeconomic implications, and the monetary conditions required, for achieving the inflation target set by the RBI.&lt;br /&gt;
&lt;br /&gt;
Are the new currency notes harder to counterfeit?&lt;br /&gt;
&lt;br /&gt;
One of the objectives of demonetisation is to guard against counterfeiting. Several security features are built into the notes to prevent counterfeiting. The government has announced that the new notes contain several new features that were not there earlier and would be difficult to forge. Other measures taken by the RBI to enable detection of forged notes are to improve awareness among the lay public on how to detect forged notes and to encourage shops and retail outlets to instal note-sorting machines. All banks are mandated to sort out the notes received by them over the counter through a note sorting machine that can detect forgery and ensure that they issue only genuine notes back into circulation.&lt;br /&gt;
&lt;br /&gt;
Usha Thorat is a former deputy governor of the Reserve Bank of India&lt;br /&gt;
&lt;br /&gt;
=Monetary Policy Committee, 2016=&lt;br /&gt;
[http://www.thehindu.com/business/Economy/centre-notifies-amended-rbi-act-to-usher-in-monetary-policy-committee/article8780360.ece ''The Hindu''], June 28, 2016&lt;br /&gt;
&lt;br /&gt;
The Centre brought the Monetary Policy Committee (MPC) one step closer to reality by notifying the changes made to the Reserve Bank of India (RBI) Act in June 2016.&lt;br /&gt;
&lt;br /&gt;
The six-member Committee — tasked with bringing “value and transparency to monetary policy decisions” — will comprise three members from RBI, including the Governor, who will be the ex-officio chairperson, a Deputy Governor and one officer of the central bank.&lt;br /&gt;
&lt;br /&gt;
'''Composition'''&lt;br /&gt;
&lt;br /&gt;
The other three members will be appointed by the Centre on the recommendations of a search-cum-selection committee to be headed by the Cabinet Secretary.&lt;br /&gt;
&lt;br /&gt;
“These three members of MPC will be experts in the field of economics or banking or finance or monetary policy and will be appointed for a period of four years and shall not be eligible for re-appointment,” according to the statement.&lt;br /&gt;
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The Committee is to meet four times a year and make public its decisions following each meeting.&lt;br /&gt;
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=Policy reviews=&lt;br /&gt;
2014: ''' RBI shifts to bi-monthly policy review ''' &lt;br /&gt;
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TIMES NEWS NETWORK &lt;br /&gt;
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[http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&amp;amp;Source=Page&amp;amp;Skin=TOINEW&amp;amp;BaseHref=CAP/2014/03/12&amp;amp;PageLabel=25&amp;amp;EntityId=Ar02509&amp;amp;ViewMode=HTML ''The Times of India''] &lt;br /&gt;
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Mumbai: The Reserve Bank of India will shift to a system of announcing its policy statement bi-monthly with the first such policy being announced on April 1, 2014. Bankers widely expect RBI to hold on to rates given that pressure on inflation is easing and the rupee has also been firming up. &lt;br /&gt;
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Until the mid-90s, RBI had only two monetary policy reviews a year. After Bimal Jalan took charge as governor in 1997, he introduced quarterly reviews. His successor Y V Reddy introduced a mid-quarter review, which resulted in an announcement every 45 days. &lt;br /&gt;
&lt;br /&gt;
A panel headed by RBI deputy governor Urjit Patel had recommended that the central bank monetary policy committee meet every two months to review rates.&lt;br /&gt;
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=Reserves=&lt;br /&gt;
==What is the appropriate level of reserves?==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F16&amp;amp;entity=Ar02414&amp;amp;sk=A414CAD4&amp;amp;mode=text  November 16, 2018: ''The Times of India'']&lt;br /&gt;
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'''HOW MUCH RESERVES ARE ENOUGH FOR RBI?'''&lt;br /&gt;
&lt;br /&gt;
RBI has accused the govt of trying to raid its coffers to bolster its revenues, which is one of the flashpoints in high-profile turf battle. The finance ministry has rejected the claim and suggested that there is a need to discuss how much capital RBI needs to deal with contingencies&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Clarification'''&lt;br /&gt;
&lt;br /&gt;
The Centre clarified that it wasn’t going to raid Reserve Bank of India’s reserves for Rs 3.6 lakh crore of ‘free money’ but it also said that it was in discussion to fix ‘appropriate economic capital framework’ of the central bank&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Conditions apply'''&lt;br /&gt;
&lt;br /&gt;
The framework the government is talking about is basically about how much capital RBI needs for its operations and how much of the surplus it should pass on to the government. This essentially means that Centre may not have asked for a specific amount (Rs 3.6 lakh crore) but it wants to ‘fix’ the process and that may end up giving it even more than that&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Why fix?'''&lt;br /&gt;
&lt;br /&gt;
The government believes that RBI is sitting on much higher reserves than it actually needs to tide over financial emergencies that India may face. Some central banks around the world (like US and UK) keep 13% to 14% of their assets as a reserve, compared to RBI’s 27% and some (like Russia) more than that. Each central bank assesses its risk and reserve requirements according to its past experience and future likelihood of the scale and kind of crisis&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Old problem'''&lt;br /&gt;
&lt;br /&gt;
Economists in the past have argued for RBI releasing ‘extra’ capital that can be put to productive use by the government. Former chief economic adviser Arvind Subramanian had argued for it (he had mentioned Rs 4 lakh crore). The Malegam Committee estimated the excess (in 2013) at Rs 1.49 lakh crore&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''How much?'''&lt;br /&gt;
&lt;br /&gt;
RBI’s held total assets worth Rs 36.17 lakh crore on June 30 on its balance sheet. At 27% of this, the central bank would have around Rs 9.7 lakh crore as reserves. If it were to bring it down to 14% as the government probably wants, it would be left with about Rs 5 lakh crore. That means an excess capital of Rs 4.7 lakh crore to be handed over to the government&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Why now?'''&lt;br /&gt;
&lt;br /&gt;
With a general election looming early next year, analysts believe the cash-strapped government is trying to stimulate the economy with a big public spending spree to woo voters, says a report&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''What next?'''&lt;br /&gt;
&lt;br /&gt;
The RBI governor, Urjit Patel, some say, has two options: to agree to his employer (the government) or leave the job. RBI deputy governor, in his (now controversial) speech, had referred to the resignation of Argentina’s central bank head for a similar reason of refusing government’s order to transfer the central bank’s reserve to pay foreign debt&lt;br /&gt;
&lt;br /&gt;
==As in 2018, Mar==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F20&amp;amp;entity=Ar02103&amp;amp;sk=6959637B&amp;amp;mode=text  Mayur Shetty, RBI saves its current reserves, but govt expects more next year,  November 20, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
[[File: RBI's reserves as on March 31, 2018.jpg|RBI's reserves as on March 31, 2018 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F20&amp;amp;entity=Ar02103&amp;amp;sk=6959637B&amp;amp;mode=text  Mayur Shetty, RBI saves its current reserves, but govt expects more next year, November 20, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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&lt;br /&gt;
The Reserve Bank of India (RBI) has managed to protect its Rs 9.7-lakh-crore reserve kitty with its board agreeing to have a panel determine how much capital it needs to maintain and how much can be distributed from future surplus to the government. The Centre has also not lost as prospects of a higher share of future surplus allows it to budget for a larger chunk of revenues from the central bank in its ‘Vote on Account’ for next year.&lt;br /&gt;
&lt;br /&gt;
“The RBI board decided to constitute an expert committee to examine the Economic Capital Framework (ECF), the membership and terms of reference of which will be jointly determined by the government and the RBI,” the central bank said in a statement.&lt;br /&gt;
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The ECF refers to a formula for deciding the capital adequacy ratio for RBI. This is a positive development for those fearing that the government will tap into existing reserves of the central bank.&lt;br /&gt;
&lt;br /&gt;
Of the existing reserves, a bulk of the funds are in contingency funds and in revaluation reserves. The contingency reserves, by definition, cannot be touched except in a crisis. To tap revaluation reserves, the RBI will have to sell assets and shrink its balance sheet. This will upset the money supply in the economy. Even if the to-be-constituted committee recommends higher transfers to government, it will result in lesser accretion to reserves and will not deplete the RBI’s balance sheet.&lt;br /&gt;
&lt;br /&gt;
It was earlier speculated that the Centre might press for the RBI transferring a third of its Rs 9.7-lakh-crore total reserves to the government. The speculation was based on some reports stating that RBI holds over Rs 3 lakh crore of surplus reserves.&lt;br /&gt;
&lt;br /&gt;
A higher surplus transfer for 2018-19 is likely because the central bank’s earnings are expected to be much more robust than 2017-18. In the current fiscal, the RBI has been intervening heavily in the foreign exchange and bond markets. The central bank’s earnings soar whenever there is forex volatility as it ends up making profits while selling dollars. For 2017-18, the RBI transferred a dividend of Rs 50,000 crore to the government.&lt;br /&gt;
&lt;br /&gt;
Former governor Raghuram Rajan had proposed a formula-based model for fund transfer to the government. He had also warned against liquidating assets to transfer funds to government, stating that to neutralise the impact, the RBI would have to conduct money market operations by selling bonds. If the government had to issue fresh bonds in order to receive money from the central bank, it would be in the same position as before.&lt;br /&gt;
&lt;br /&gt;
==2018: the position in other countries==&lt;br /&gt;
[[File: Equity as % of Central Banks' Balance Sheets in major countries, presumably as in 2017.jpg|Equity as % of Central Banks' Balance Sheets in major countries, presumably as in 2017 &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F11%2F21&amp;amp;entity=Ar02901&amp;amp;sk=34D2A259&amp;amp;mode=text  Sidhartha, November 21, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''See graphic''':&lt;br /&gt;
&lt;br /&gt;
''Equity as % of Central Banks' Balance Sheets in major countries, presumably as in 2017''&lt;br /&gt;
&lt;br /&gt;
=See also=&lt;br /&gt;
[[Banking and the law: India]]&lt;br /&gt;
&lt;br /&gt;
[[Raghuram Rajan]]&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Sree_Padmanabhaswamy_Temple</id>
		<title>Sree Padmanabhaswamy Temple</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Sree_Padmanabhaswamy_Temple"/>
				<updated>2019-02-17T15:50:21Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: /* Fearing the rage of the diety */&lt;/p&gt;
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&lt;div&gt;[[File: Sree Padmanabha Swamy Temple in Thiruvananthapuram.jpg|Sree Padmanabha Swamy Temple in Thiruvananthapuram|frame|500px]]&lt;br /&gt;
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[[Category:India |S ]]&lt;br /&gt;
[[Category:Places |S ]]&lt;br /&gt;
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=Taboos and superstitions=&lt;br /&gt;
&lt;br /&gt;
''' When the man held responsible for opening long-bolted vaults at the Sree Padmanabha Swamy temple died recently, many whispered it was divine retribution. But places of worship across the country have strange superstitions ''' &lt;br /&gt;
Shobha John | TNN &lt;br /&gt;
&lt;br /&gt;
The Times of India, July 24, 2011&lt;br /&gt;
&lt;br /&gt;
India is a land of contradictions. While cutting-edge technology drives us forward, religious superstitions which befuddle the mind take us in the opposite direction. Even the sudden death of advocate T P Sundararajan, whose legal intervention led to stock-taking in Sree Padmanabha Swamy temple, was said to be “divine retribution”. Was it? Who can tell? &lt;br /&gt;
&lt;br /&gt;
Superstitions abound all over India. Who are we to tempt the gods, ask believers. Take Renuka Temple in Kullu where goddess Renuka Devi is worshipped. Villagers are so fearful of inviting the wrath of her husband, Rishi Jamdagni, that they dare not look at her idol. Even the priest enters only after covering his face with a white cloth during Navratra and Fagli when the temple door is opened. Women throw their offerings from afar. &lt;br /&gt;
&lt;br /&gt;
Shobha Ram, the priest, explains: “Everybody is aware of Jamdagni’s rage. He once got so angry with his wife that he ordered his son Parshuram to kill her.” Bir Singh Rana, a devotee, says he has never peeped into the temple. “Jamdagni’s curse can remain for more than 12 years. A woman lost her eyesight when she looked at the idol.” Believe it or not.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
=Fearing the rage of the diety=&lt;br /&gt;
The Times of India, July 24, 2011&lt;br /&gt;
&lt;br /&gt;
Ananthakrishnan G &lt;br /&gt;
&lt;br /&gt;
There is fear that if the beliefs of the Sree Padmanabha Swamy temple aren’t honoured, the deity will be annoyed. From untimely deaths to warnings of natural disasters, the air is rife with rumours about the “retribution'' the evil-eyed have “brought upon themselves” in the past. The sudden death of T P Sundararajan, the man who got the temple vaults open, has only fuelled them. “This is just the beginning. Wait and watch,'' says one of his neighbours ominously. &lt;br /&gt;
&lt;br /&gt;
“That's not right,” insist a temple priest, who is annoyed with the present administration of the shrine. “He was an ardent devotee and died a peaceful death.” But, locals still remember the difficulties faced by three persons who had entered the cellars of the temple in the past. “They didn’t survive for long,'' says a local man. But the families of two of them dismiss the rumours. “I don’t see any connection,” says Jalaja, the widow of former temple executive officer Col K Gopinathan Nair. He was entrusted with the job of gold plating parts of the main altar during the time of Chithira Thirunal Balarama Varma, the previous king. Some gold was taken out of the cellar for the job. “It used to be weighed in the presence of the king and other officials,” she reminisces. Both deaths occurred over a span of 18 months, says the other family. &lt;br /&gt;
&lt;br /&gt;
As for stories of sound of ocean waves in the temple, historian M G Sasibhushan says it’s believed that there were underground escape tunnels from the temple to the sea and from the palace.&lt;br /&gt;
= Treasures =&lt;br /&gt;
== Vault B ==&lt;br /&gt;
[https://www.indiatoday.in/magazine/states/story/20170724-kerala-padmanabhaswamy-temple-treasure-vaults-supreme-court-1024137-2017-07-15  Jeemon Jacob , The vault B conundrum “India Today” 24/7/2017]&lt;br /&gt;
&lt;br /&gt;
The Padmanabhaswamy temple in Thiruvananthapuram, arguably the world's richest Hindu shrine, is back in the headlines, following the Supreme Court's queries on the possibility of opening the last of the temple's vaults, believed to contain priceless treasures. Chief Justice J.S. Khehar's observations about Vault B on July 4 provoked a shrill debate on whether tinkering with 'God's wealth' was within the judiciary's ambit. Aditya Varma, who represents the erstwhile Travancore royal family, one of the SC-appointed temple custodians now, objected vehemently, insisting that faith and tradition decreed that Vault B remain untouched. &amp;quot;We will act according to the advice of the chief priest,&amp;quot; Varma said on July 8.&lt;br /&gt;
&lt;br /&gt;
The treasures, devotees believe, are contained in 12 iron vases placed inside the twin chambered vault that extends beneath the sanctum sanctorum. Like the ex-royals, the temple's chief priest, Pushpanjali Swamiyar, too, is against opening the vault. He believes doing so would invite the god's wrath.&lt;br /&gt;
&lt;br /&gt;
But in 2014, former comptroller and auditor general Vinod Rai, appointed special auditor to scrutinise the temple's assets, had reported that Vault B had, in fact, been opened seven times-&amp;quot;twice in 1991 and five times in 2002&amp;quot;. Rai also said that there were no credible accounting practices in place at the temple. This, and a related report by senior lawyer Gopal Subramaniam, were acutely embarrassing for the Travancore royals (the family affidavit to the courts had said that they had never opened Vault B).&lt;br /&gt;
&lt;br /&gt;
The debate is already taking on political colours. Kerala BJP chief Kummanam Rajasekharan says the devotees must be consulted before the vault is opened &amp;quot;so that religious sentiments are not hurt&amp;quot;. The Pinarayi Vijayan-led Left Democratic Front government, however, insists that an inventory is the only way of securing the temple's wealth.&lt;br /&gt;
&lt;br /&gt;
An inventory of Vault A's contents in 2011 yielded treasures worth Rs 1.25 lakh crore, the reason why Kerala is agog with the issue. What wonders lie in Padmanabhaswamy temple's last vault?&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Janice_Pariat</id>
		<title>Janice Pariat</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Janice_Pariat"/>
				<updated>2019-02-17T06:22:14Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: /* Awards */&lt;/p&gt;
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&lt;div&gt;[[File: Janice Pariat.jpg|Janice Pariat. Photo: Luigi Russi  |frame|500px]] &lt;br /&gt;
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[[Category:India |P]]&lt;br /&gt;
[[Category: Literature |P]]&lt;br /&gt;
=Sources include= &lt;br /&gt;
[http://janicepariat.com/about/ Janice Pariat]&lt;br /&gt;
[http://www.goodreads.com/author/show/5300146.Janice_Pariat Good Reads]&lt;br /&gt;
=Janice Pariat=&lt;br /&gt;
Janice is a writer based between London and New Delhi/Shillong (depending on the weather). &lt;br /&gt;
&lt;br /&gt;
Studied English Literature at St Stephen’s College, Delhi, and History of Art at the School of Oriental and African Studies, London.&lt;br /&gt;
&lt;br /&gt;
Pariat worked as the Arts Writer at Time Out Delhi, after which she spent time in Shillong writing prose and poetry. &lt;br /&gt;
&lt;br /&gt;
She edited an online literary journal called Pyrta. Her short story collection, Boats on Land, was published by Random House in October 2012. &lt;br /&gt;
&lt;br /&gt;
Janice Pariat is the author of Boats on Land: A Collection of Short Stories (Random House India, 2012). She was awarded the Yuva Puraskar (Young Writer Award) from the Sahitya Akademi (Indian National Academy of Letters) and the Crossword Book Award for fiction in 2013.  Her work—including art reviews, cultural features, book reviews, fiction and poetry—has featured in a wide selection of national magazines &amp;amp; newspapers. &lt;br /&gt;
&lt;br /&gt;
She writes a monthly literary column “Paperwallah” for The Hindu BL Ink. In 2014, she was the Charles Wallace Creative Writing Fellow at the University of Kent, Canterbury. Currently, she lives in Italy and India. Her first novel Seahorse was published by Vintage Books, Random House India in November 2014&lt;br /&gt;
&lt;br /&gt;
Her work has featured in a wide number of national magazines &amp;amp; newspapers including OPEN, Art India, Tehelka, Caravan: A Journal of Culture &amp;amp; Politics, Outlook &amp;amp; Outlook Traveller, Motherland, and Biblio: A Review of Books, among others&lt;br /&gt;
=Her books=&lt;br /&gt;
==“Seahorse: A Novel”==&lt;br /&gt;
Nem is a student of English literature at Delhi University. He drifts between classes, weed-hazy parties, and the amorous complexities of campus life, until a chance encounter with an art historian steers him into a world of pleasure and artistic discovery. Nem’s life is irrevocably transformed. One day, without warning, his mentor disappears.&lt;br /&gt;
&lt;br /&gt;
In the years that follow, Nem cocoons himself in South Delhi, writing for a chic cultural journal. When he is awarded a fellowship to London, a cryptic note plunges him into a search for the art historian—a search which turns into a reckoning with his past. Retelling the myth of Poseidon and his youthful male devotee Pelops, Seahorse transforms a simple coming-of-age story into an epic drama of loss, love, and healing.&lt;br /&gt;
=== Sanjay Sipahimalani/ ''India Today'': Review ===&lt;br /&gt;
''' Mosaic of remembrance ''' [http://indiatoday.intoday.in/story/janice-pariat-seahorse-boats-on-land/1/407663.html  ''India Today''] December 19, 2014&lt;br /&gt;
&lt;br /&gt;
Written in a folkloric style best described by the epigraph that referenced Alejo Carpentier's &amp;quot;marvellous real&amp;quot;, Janice Pariat's collection of short stories, Boats on Land (2012), was notable for its evocation of lives past and present in Shillong and its environs. With Seahorse, her debut novel, Pariat extends her range to come up with a filigreed tale of disquiet and discontent, of longing and loss, based on the Greek myth of sea-god Poseidon and his young acolyte and lover, Pelops.&lt;br /&gt;
&lt;br /&gt;
Much of Seahorse is about the inscription of desire on the slate of memory. &amp;quot;We are shaped by absence,&amp;quot; thinks Nem. &amp;quot;The places that escape our travels, the things we choose not to do, the people we've lost.&amp;quot; (A sentence that brings to mind the words of the recently deceased Mark Strand: &amp;quot;In a field/ I am the absence/of field. / This is/always the case./ Wherever I am/ I am what is missing.&amp;quot;) This sentiment is matched by a mode of narration that, for the most part, shows incidents broken up into separate sequences of action and aftermath; a wholeness comprised of fragments, a mosaic of remembrance and yearning.&lt;br /&gt;
&lt;br /&gt;
It is also the case, however, that the novel sags slightly in the middle, during the long episodes of Nem's life in London-despite the attempt to provide a harmonic resonance via the loops of longing and variations of sexual attraction that Nem's friends experience. Then, there are occasions when the poetic threatens to tip over to the portentous (&amp;quot;Prophecies are the most scientific of supernatural phenomena, for they, like science, invest in a single outcome. The one truth.&amp;quot;). In addition, the accident in the English countryside at the end, though it continues the mythic parallelism, does come across as a trifle staged and out of place with Seahorse's otherwise wistful, gentle tone.&lt;br /&gt;
&lt;br /&gt;
Leaving all of that aside, Pariat's prose is beguiling: take, for instance, her pithy descriptions of interiors and exteriors. It's a pleasure to read of the &amp;quot;pale fury&amp;quot; of the Red Fort; of rooms &amp;quot;as desolate as churches&amp;quot;; of the wings of a building &amp;quot;spread long and low, like a bird in flight&amp;quot;; of London being &amp;quot;filled with old light&amp;quot;; and of a &amp;quot;bigbellied sky&amp;quot; pressing against the tops of buildings. Appropriately enough, Seahorse is also shot through with images of water, be they in aquariums, swimming pools or the seaside.&lt;br /&gt;
&lt;br /&gt;
The paradox of memory, writes Pariat, &amp;quot;is that it gives you back what you had on condition that you know it has been lost&amp;quot;. To regain it, she continues, &amp;quot;you must remember it has gone; to remake the world, you need to first understand that it has ended&amp;quot;. Seahorse, then, is a fine and estimable account of the refashioning of an interior world suffused by a pining for what has been lost.&lt;br /&gt;
&lt;br /&gt;
==“Our Names”==&lt;br /&gt;
A collection of poems inspired by the poet’s hometown Shillong, by the Khasi language and its special orality. By travel. To Wales, Lisbon, London. And finding a sort of home everywhere. The poems revel in a sense of place, and also placelessness. In seeking and losing, in love and depletion. They are miniature windows with which to look into the world with disconcertion – yet also, wonder. Written at desks and airplanes, on residencies and cellphones, while travelling and moving, while being still. They are offerings.&lt;br /&gt;
&lt;br /&gt;
Forthcoming December 2014 with a preface by Robin Ngangom&lt;br /&gt;
== Boats on Land==&lt;br /&gt;
Boats on Land (Random House, India; 2012) won the Sahitya Akademi Young Writer Award 2013 and the Crossword Book Award for Fiction. Set in India’s northeast—around Shillong, Cherrapunjee and pockets of Assam—these tales are shaped against a larger historical canvas of the British Raj, the World Wars, conversions to Christianity. This is a world where the everyday is infused with the folkloric and supernatural. Here, a girl dreams of being a firebird. An artist watches souls turn into trees. A man shape-shifts into a tiger. Another is bewitched by water fairies. Political struggles and social unrest interweave with fireside tales and age-old superstitions.&lt;br /&gt;
&lt;br /&gt;
=Pariat's online works=&lt;br /&gt;
[http://www.caravanmagazine.in/fiction/boats-land Read 'Boats on Land' here.]&lt;br /&gt;
&lt;br /&gt;
[http://www.caravanmagazine.in/fiction/hong-kong Read 'Hong Kong' here.]&lt;br /&gt;
&lt;br /&gt;
=Reviews=&lt;br /&gt;
''' Asian Review of Books ''' &lt;br /&gt;
Pariat’s stories excavate the mystical and the vulnerable with nuanced, intense text, furtively capturing moods of displacement and stillness. ”&lt;br /&gt;
&lt;br /&gt;
''' India Today ''' &lt;br /&gt;
Perhaps the most frustrating thing about reading Boats on Land is seeing how good a book it could be. ”&lt;br /&gt;
&lt;br /&gt;
''' The Sunday Guardian '''&lt;br /&gt;
Janice deliciously underplays her settings and is adept at conveying both atmosphere and character. Even her ambiguities have a queer beauty. ”&lt;br /&gt;
&lt;br /&gt;
''' People ''' &lt;br /&gt;
The beauty of Janice’s prose is a feast for the senses. ”&lt;br /&gt;
&lt;br /&gt;
''' Biblio: A Review of Books ''' &lt;br /&gt;
Boats on Land is a masterful rendition of the shimmery and fleeting, the haunting and disappearing, the complex and yet simple nature of a people perhaps lost, perhaps gone forever, but caught, only transiently, in the stories. ”&lt;br /&gt;
=Awards=&lt;br /&gt;
Crossword Book Award 2013 for Fiction&lt;br /&gt;
&lt;br /&gt;
Yuva Puraskar (Young Writer) Award 2013 from Sahitya Academy (Indian National Academy of Letters)&lt;br /&gt;
&lt;br /&gt;
Shortlisted for Shakti Bhatt First Book Award 2013&lt;br /&gt;
&lt;br /&gt;
Longlisted for Frank O’Connor Short Story Award 2013&lt;br /&gt;
&lt;br /&gt;
Longlisted for Tata Literature Live! First Book Award 2013&lt;br /&gt;
&lt;br /&gt;
= 2018 =&lt;br /&gt;
[https://www.indiatoday.in/magazine/leisure/story/20180129-author-janice-pariat-new-book-the-nine-chambered-heart-1149652-2018-01-19 Sukant Deepak , Janice in wonderland “ India Today” 29/1/2018]&lt;br /&gt;
&lt;br /&gt;
Janice Pariat walks up fast to the first floor of the cafe-cum-bar in Delhi's Khan Market. It's evident from the sound of her boots. She is heaving. She is carrying many bags. She sits and orders her coffee. She likes it black. She does not stop smiling.&lt;br /&gt;
&lt;br /&gt;
Fresh off the launch of her latest novel, The Nine Chambered Heart, the Sahitya Akademi Award winning author and poet says the idea for the book came to her on the streets of London. It was late evening. She was walking with someone who she thought she would have a long-term relationship with. &amp;quot;I wondered how would it be to look at the world through love,&amp;quot; she says. Then she pauses.&lt;br /&gt;
&lt;br /&gt;
In her book, characters remain unnamed, and so do the cities. There is a deliberate attempt to break away from geographical anchorage. What is offered is a glimpse into a young woman's life through those who have loved and lost her. And those she has loved and lost. Pariat says that it was important for her to write a &amp;quot;context-less book&amp;quot; because she does not see the world in neatly labelled boxes. &amp;quot;Compartmentalisation can be convenient. Limiting too.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
As someone who comes from a mixed British, Portuguese and Khasi heritage, Pariat, originally from Meghalaya and now based in Delhi, is all too familiar with being categorised. Most often, she's called a &amp;quot;Northeastern writer&amp;quot;.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;This really upsets me,&amp;quot; she says. &amp;quot;Why does everyone, including a writer, have to be contained in her/ his geography, gender or sexual orientation?&amp;quot; Though she may be called poet too, Pariat thinks that's overstating the case. &amp;quot;I have friends who are poets. I might put down something that has the essence of verse. But the craft? Well, I do learn a lot from poetry, but take comfort and recourse in prose.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
By now, the cafe is full. Waiters have got active. She says she should leave, that the many bags need to be filled. Janice Pariat descends the stairs. Soundlessly.&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Supreme_Court:_India</id>
		<title>Supreme Court: India</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Supreme_Court:_India"/>
				<updated>2019-02-17T05:57:55Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: /* 2018, Jan: Four SC judges’ press conference */&lt;/p&gt;
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=Article 142 in The Constitution Of India 1949=&lt;br /&gt;
142. ''' Enforcement of decrees and orders of Supreme Court ''' and unless as to discovery, etc &lt;br /&gt;
&lt;br /&gt;
( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe&lt;br /&gt;
&lt;br /&gt;
(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself&lt;br /&gt;
&lt;br /&gt;
==‘A tool for judicial dictatorship’ ==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=OPINION-Article-142-cant-be-tool-for-judicial-03042017002030      C A Sundaram| Article 142 can't be tool for judicial dictatorship Apr 03 2017 : The Times of India (Delhi)]&lt;br /&gt;
&lt;br /&gt;
'' (The writer is a Supreme Court lawyer) '' &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
As a committed democrat, I believe that an inefficient democracy is preferable to an efficient dictatorship and any form of absolutism, even by the judiciary, is unacceptable.&lt;br /&gt;
&lt;br /&gt;
The anathema of democracy is dictatorship, whether in the hands of an individual, a group or an institution. The very soul of a democracy is that the people's will is supreme. Howsoever wise be the 30 adorning the apex court and howsoever noble their motives, they can never speak for 1.2 billion people who speak through their representatives in the legislature.&lt;br /&gt;
&lt;br /&gt;
It is not a case of comparative wisdom or intellect since democracy itself owes its origins in Greece to the revolt against the rule of the intelligentsia. It is for this very reason that the founding fathers of our Constitution provided strictly for the separation of powers, which would maintain a balance and protect against any one institution overpowering or dominating the others.&lt;br /&gt;
&lt;br /&gt;
How then can 30 wise but unelected people exercise powers akin to legislation? More so, when the selection of future members into this august group is decided by five of their wisest, with none else given a me aningful role in such appointments. Such power to self-propagate has also been conferred by their own judgments.&lt;br /&gt;
&lt;br /&gt;
While the independence of the judiciary is to be strictly protected, with it comes the responsibility of acting within constitutional boundaries and resisting the temptation to venture into the terrain of other institutions in the absence of viola tion of constitutional and legal principles.&lt;br /&gt;
&lt;br /&gt;
Over the recent past, however, increasing powers are traced to Article 142 to decide a host of issues that would fall within the domain of other institutions. The exercise of such powers with no one to turn to against such exercise except the very body that had exercised the powers in the first place is certainly not democratic and bor ders on authoritarianism or at the very least, rule of the intelligentsia.&lt;br /&gt;
&lt;br /&gt;
Article 142 is an extraordinary power to be sparingly used where there is a legislative or executive void and comes into play when the conclusion is founded on statute or law but a remedy has to be created. Surely , its purpose is not replacing the wisdom of other institutions with that of the judiciary .&lt;br /&gt;
&lt;br /&gt;
''' The recent judgment ''' of the apex court overriding the objections of the states has also prohibited luxury hotels within 500 metres of a highway from serving liquor in restaurants, banquet halls or even to guests in their rooms.&lt;br /&gt;
&lt;br /&gt;
To name a few, Aero City in Delhi, Leela in Mumbai, and Grand Chola in Chennai are all subject to this embargo.Members cannot have a drink in iconic clubs like the Gymkhana. Even more surprising is that this fatwa was passed in a litigation expressing concern over liquor shops operating on the fringe of highways proving a temptation to passing motorists and encouraging drunk driving.&lt;br /&gt;
&lt;br /&gt;
The judgment was surprising as it is highly likely that a person going to Bukhara for dinner does so to break the monotony of his driving or that the hotel guest having a nightcap would be tempted to rush out and start driving.&lt;br /&gt;
&lt;br /&gt;
That stopping such people from drinking would make the highway safer defies logic. If it was to enforce a prohibition on the consumption of liquor, it was beyond the powers of the court and in the domain of the legislature. The only source relied on for the exercise of such power by the court is Article 142 of the Constitution which empowers it to pass orders to do complete justice to parties. Today it has become as uncertain and elastic in its use as an anteater's tongue.&lt;br /&gt;
&lt;br /&gt;
It is certainly not to decide that it would be more - wholesome for the populace if hotels legally built and legally serving numerous needs ought not to serve liquor since they may be used as a watering hole by thirsting motorists.&lt;br /&gt;
&lt;br /&gt;
==Art 142 used to end marriage after wife skips hearings==&lt;br /&gt;
[http://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2017%2F12%2F15&amp;amp;entity=Ar01703&amp;amp;sk=346BF5BD&amp;amp;mode=text  AmitAnand Choudhary, SC invokes extraordinary powers to end marriage after woman skips hearings, December 15, 2017: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Supreme Court dissolved a marriage after the wife refused to respond to its notice to appear in court to contest the case. The husband had been fighting a legal battle for the last three years after his wife withdrew her consent for divorce after filing a joint petition in the family court.&lt;br /&gt;
&lt;br /&gt;
A bench of Justices R K Agrawal and Abhay Manohar Sapre invoked the SC’s extraordinary power granted under Article 142 to dissolve the marriage without hearing the wife as she refused to respond to its notice issued on the husband’s plea. The court said she was not interested in keeping the marital relationship alive and allowed the husband’s divorce plea. Article 142 empowers the SC to pass order as is necessary for doing complete justice in any cause or matter pending before it. The couple got married in 2013 but the relationship soured soon after and they agreed to separate. They filed a joint petition in the family court seeking dissolution of marriage through mutual consent. The wife thereafter did not appear before the court which finally dismissed the petition. The man then approached the High Court of Judicature at Hyderabad which refused to grant him divorce after his wife’s lawyer contended that she had not given consent.&lt;br /&gt;
&lt;br /&gt;
Agreeing to examine his plea, the apex court had issued a notice to the wife to file her response but neither she not her lawyer appeared to argue the case. She did not appear before the court on 18 dates when the matter was taken up for hearing.&lt;br /&gt;
&lt;br /&gt;
Taking into account her conduct, the apex court dissolved the marriage and said there was no dispute that the couple had entered into an agreement to end the marital relationship.&lt;br /&gt;
&lt;br /&gt;
=Contempt of court=&lt;br /&gt;
==Calcutta HC on contempt: SC==&lt;br /&gt;
&lt;br /&gt;
The Times of India, Sep 18, 2011&lt;br /&gt;
&lt;br /&gt;
The Jalpaiguri district court was shut for a month by people demanding a Calcutta high court circuit bench there and the high court convicted 18 people, including the DGP of the West Bengal police, editor of a local daily, an ex-MP, an MLA and the district magistrate, for contempt. &lt;br /&gt;
When they appealed against their conviction and six-month jail term, the tables were turned in the Supreme Court, which not only quashed the contempt proceedings but also faulted the high court for not taking timely action during the agitation to help keep the district court open. &lt;br /&gt;
&lt;br /&gt;
The protesting public started the agitation on December 15, 2006 outside the main gate of the district court and requested the judicial officers not to go to court. It continued for a month till January 15, 2007. &lt;br /&gt;
&lt;br /&gt;
A bench of Justices P Sathasivam and B S Chauhan said the agitation was peaceful and the judicial officers were not forcibly prevented from attending the court. However, it reiterated that “the administration of justice should never be stalled at the instance of anyone including the members of the bar even for any cause.” &lt;br /&gt;
&lt;br /&gt;
The SC found that there was no request from the district judge or from the registrar general of the HC for removal of the rostrum put up in front of the gate and clearing of the protesters. It disagreed with the HC’s view that the DGP disobeyed the Chief Justice’s order for restoration of the district court’s functioning.&lt;br /&gt;
== Siddaramaiah, Sahara and other cases==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=LEGALLY-SPEAKING-High-and-mighty-in-country-make-03102016014045  Dhananjay Mahapatra High and mighty in country make judiciary drag its feet, Oct 03 2016 : The Times of India]&lt;br /&gt;
&lt;br /&gt;
Siddaramaiah's Snub To SC Not 1st Case Of Defiance By A CM&lt;br /&gt;
&lt;br /&gt;
Defiance of the Supreme Court's orders have al ways invited stinging punishment. Sahara group chief Subrata Roy will testify to that. He spent more than two years in jail and yet is not safe from the wrath of law. Last week, he was in real danger of being dragged back to prison just because his counsel made some intemperate arguments to test the SC's patience.&lt;br /&gt;
&lt;br /&gt;
Again in Sept 2016, the Justice Lodha committee complained to the SC that the Board of Control for Cricket in India (BCCI) was impeding and defying implementation of reforms ordered by the apex court. Asking the BCCI to fall in line, the SC issued a “we will set you right“ warning.&lt;br /&gt;
&lt;br /&gt;
But last week also saw Karnataka repeatedly flouting the SC's orders for release of Cauvery water to Tamil Nadu. Three times in the past one month, the state disobeyed the SC's orders. The political class came together and the assembly passed a resolution restraining the government from releasing water.&lt;br /&gt;
&lt;br /&gt;
The SC had no option but to reiterate its orders notwithstanding the assembly resolution. CM Siddaramaiah told the SC in clear terms that given the “will of the people of Karnataka“, he would disobey the court's orders.&lt;br /&gt;
&lt;br /&gt;
In a democracy , rule of law is maintained only when the violator faces reprisal of law swiftly and unwaveringly . For a commoner, the wrath of law has always been swift but when it comes to a mighty state or a chief minister, the SC has always been a little lenient.&lt;br /&gt;
&lt;br /&gt;
It is not the first time that Karnataka has disobeyed SC orders. In 2002, the SC had issued contempt notice to then chief minister S M Krishna for disobeying its October 4, 2002 order for release of 9,000 cusecs of water into Mettur reservoir. The contempt proceedings gathered dust. After six years, the SC disosed of the contempt proce edings taking into account Krishna's unconditional apology for the disobedience filed through senior advocate Fali S Nariman, who continues to be the counsel for Karnataka in the Cauvery dispute.&lt;br /&gt;
&lt;br /&gt;
Is Siddaramaiah drawing inspiration from the past? Difficult to say but the SC faces a real dilemma. If it hauls up the CM for contempt, it would help his popularity soar. And there is no guarantee of his successor implementing the SC's orders. As regards Siddaramaiah, he would not mind facing the wrath of law to emerge a martyr a few months ahead of assembly elections.&lt;br /&gt;
&lt;br /&gt;
If the court does not take action, then it could encourage other states to defy its orders hiding behind the “will of the people“. And at present, it takes virtually nothing to whip up public hysteria.&lt;br /&gt;
&lt;br /&gt;
In 1992, then UP chief minister Kalyan Singh had given an undertaking to the SC to maintain status quo at the disputed Ram Janmabhumi-Babri masjid site. It was flagrantly violated and the structure was razed to the ground. The SC convicted him for contempt of court.&lt;br /&gt;
&lt;br /&gt;
In Mohd Aslam vs Union of India [1994 (6) SCC 442], the SC said, “It is unhappy that a leader of a political party and chief minister has to be convicted of an offence of contempt of court. But it has to be done to uphold the majesty of law. We convict him of the offence of contempt of court.Since the contempt raises larger issues which affect the very foundation of the secular fabric of our nation, we also sentence him to a token imprisonment of one day. We also sentence him to pay a fine of Rs 2,000.“ Is that the wrath of law ­ one day's imprisonment or a fine of Rs 2,000?&lt;br /&gt;
&lt;br /&gt;
Importantly, the SC had aid, “Respect for law and its nstitutions is the only assuance that can hold a plura st nation together. Any atempt to achieve solutions to ontroversies, however ideoogically and emotionally urcharged, not on the basis f law and through judicial nstitutions, but on the trength of numbers will subert the fundamental values f our chosen political orga isation. It will demolish ublic faith in the accepted onstitutional institutions nd weaken people's resolve o solve issues by peaceful eans. It will destroy respect or rule of law and the authoity of courts, and seek to plae individual authority and trength of numbers above he wisdom of law.“&lt;br /&gt;
&lt;br /&gt;
Contrast this to a very reent example in the US. No ess than Alabama Supreme ourt chief justice Roy S More was suspended because e had ordered junior judges o defy an order of the US Su reme Court which validated ame-sex marriage in June ast year. That is what is caled the wrath of law which perates on the basis of the axim “you be ever so high, he law is above you“.&lt;br /&gt;
&lt;br /&gt;
Unfortunately in India, the wrath of law has always remai ed inversely proportional to he position and popularity of n individual. The higher he stands, lesser the chance of him acing the wrong end of the judicial stick. It will be interes ng to watch how the `wrath of w' story unfolds in the SC .&lt;br /&gt;
&lt;br /&gt;
= Curative jurisdiction=&lt;br /&gt;
==2017: AG calls for a review== &lt;br /&gt;
[http://epaperbeta.timesofindia.com//Article.aspx?eid=31808&amp;amp;articlexml=SCs-flawed-curative-jurisdiction-needs-urgent-relook-says-29042017013011  Dhananjay Mahapatra, SC's flawed curative jurisdiction needs urgent relook, says AG, April 29, 2017: The Times of India]&lt;br /&gt;
﻿&lt;br /&gt;
&lt;br /&gt;
﻿&lt;br /&gt;
'''Observation Comes Day After SC Rejected Centre's Plea On AFSPA'''&lt;br /&gt;
&lt;br /&gt;
A day after the Supreme Court dismissed the Centre's plea to exempt armed forces' personnel from prosecution for encounter deaths in areas under the Armed Forces Special Powers Act (AFSPA), attorney general Mukul Rohatgi on Friday made a strong pitch for review of the curative jurisdiction and called it “unfair and flawed“.&lt;br /&gt;
&lt;br /&gt;
The SC had devised the curative jurisdiction in 2002 in its order in the Rupa Ashok Hurra case whereby a litigant could, as the last recourse, seek reconsideration of a judgment even after a review petition had been dismissed, on grounds of alleged violation of principle of natural justice and bias. A curative petition is considered in chamber by a bench that includes the three senior-most judges of the SC and the judges who had delivered the judgment in question. Rohatgi gave three grounds terming the process for cura for terming the process for curative petitions as “unfair and flawed“. He said, “If the judges who had delivered the judgment and dismissed the review petition were to be part of the bench to hear the curative petition, then it is obvious that the result would go the same way as the fate of the review petition. If the intention is to have a relook at the judgment, then the curative petition must be placed before a bench which does not include the judges who had delivered the judgment.“&lt;br /&gt;
&lt;br /&gt;
Speaking to TOI, the AG also faulted the procedure adopted in deciding curative petitions. “In camera proceedings are contrary to the notion of dispensation of justice under public gaze. The court proceedings in India are open to public, except in exceptional circumstances,“ Rohatgi said.&lt;br /&gt;
&lt;br /&gt;
The third ground, he said, was the absence of petitioner's counsel to argue before the bench dealing with the curative petition. “The procedure established through the Hurra judgment is not in accordance with the principles of natural justice and deserves a relook urgently,“ he said. On Wednesday, the SC up held its direction for mandatory registration of FIR against armed forces personnel, even in disturbed areas under AFSPA, for every encounter death despite the Centre pleading that this order could jeopardise efforts to maintain peace and security .&lt;br /&gt;
&lt;br /&gt;
In a chamber hearing without the presence of law officers for the Centre, a bench of Chief Justice J S Khehar and Justices Dipak Misra, J Chelameswar, Madan B Lokur an U U Lalit had dismissed the Union government's curative petition against the judgment delivered last year. “We find no merit in the curative petition,“ it said before rejecting the plea.&lt;br /&gt;
&lt;br /&gt;
By the July 8, 2016 order, the SC had negated the protection against prosecution available to armed forces under AFSPA. The Centre had said, “If the position maintained by the impugned order continues, it may one day be well-nigh impossible to maintain peace and security .“&lt;br /&gt;
&lt;br /&gt;
=High Courts’ judgements and the SC=&lt;br /&gt;
==Complimenting HCs==	&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F21&amp;amp;entity=Ar01302&amp;amp;sk=A1C1C65B&amp;amp;mode=text  Dhananjay Mahapatra, How often does SC compliment HCs? Every now &amp;amp; then, January 21, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The fulsome praise showered by the Supreme Court on the Delhi high court for deciding the sexual harassment case against filmmaker Mahmood Farooqui may appear to be against the run of play because of the perception that HC verdicts are routinely overturned by the apex court.&lt;br /&gt;
&lt;br /&gt;
However, a quick scan of important cases heard by the apex court by way of appeals against high court verdicts reveals that, contrary to the widely held impression, in the majority of cases the SC has not only agreed with the HCs but even rebuked state governments for contesting well-reasoned orders. There have, of course, been instances of the apex court faulting HCs for falling into error.&lt;br /&gt;
&lt;br /&gt;
“The Supreme Court needs to be complimented for complimenting the high court,” said a senior lawyer.&lt;br /&gt;
&lt;br /&gt;
In March last year, the Calcutta HC ordered the CBI to take hold of all material, including Narada sting operation videos allegedly showing Trinamool members taking bribe, and register a preliminary enquiry (PE) in 72 hours. The West Bengal government cried foul and accused the CBI of political vendetta and appealed in the SC. The apex court strongly criticised the Mamata Banerjee government, made its counsel apologise, and held that the appeal was “most unfortunate” deserving “outright rejection”.&lt;br /&gt;
&lt;br /&gt;
The SC had said: “We have perused the order under challenge and it emerges that the HC took into consideration the material which required holding of PE at the hands of the CBI. We find no infirmity with the determination of the HC as the rights of petitioners are fully protected.”&lt;br /&gt;
&lt;br /&gt;
In February 2015, the Delhi high court restrained Prasar Bharati from sharing the free live telecast feed of cricket matches available to Doordarshan with cable operators. In August last year, the SC said the HC had correctly decided the case and affirmed the order.&lt;br /&gt;
&lt;br /&gt;
The Delhi high court will also draw satisfaction in the SC fully endorsing its verdict convicting four persons and awarding them death penalty for the gang rape and murder of ‘Nirbhaya’ in December 2012. The Supreme Court, after minute scrutiny of every piece of evidence, found no infirmity in the HC judgment. It is one of those rare cases where the trial court, the HC and the SC were on the same page.&lt;br /&gt;
&lt;br /&gt;
In contrast, the 2001Parliament attack case shows how scrutiny of evidence at the higher levels of judiciary makes certain evidence, relied on by the trial court, appear doubtful. In this case, the trial court had awarded death sentences on Mohammad Afzal Guru, Shaukat Hussain Guru and SAR Gilani, and a five-year jail term to Afsan Guru. The HC upheld the death sentence for Afzal and Shaukat but acquitted Gilani and Afsan. The SC, despite terming the HC order “well reasoned”, awarded death only to Afzal, a 10-year jail term to Shaukat and upheld the acquittal of Gilani and Afsan.&lt;br /&gt;
&lt;br /&gt;
In November last year, the Supreme Court had upheld an Uttarakhand HC verdict approving the assembly speaker’s decision to disqualify nine MLAs for defecting from Congress and said it was a “well-reasoned order”. In December last year, the SC was again on the same page with the Delhi HC in refusing to accord ‘Vande Mataram’ status equivalent to that of the national anthem.&lt;br /&gt;
&lt;br /&gt;
Last month, it also agreed with theDelhi HC and dismissed a petition filed by AAP member Raghav Chadha, who had challenged the trial judge’s decision to summon him to face proceedings in a defamation case filed against him by finance minister Arun Jaitley for merely retweeting an allegedly defamatory statement by Delhi chief minister Arvind Kejriwal.&lt;br /&gt;
&lt;br /&gt;
However, there are occasions when the SC expressed annoyance with the HCs, as it did last year in the fodder scam case. The Jharkhand HC had said the scam was a product of one conspiracy and hence former Bihar CM and RJD chief Lalu Prasad could not be made to face conspiracy charge in fodder scam cases relating to different treasuries. The SC overturned the order and criticised the HC for “ignoring the settled principles of law” that instances of illegal withdrawal of crores of rupees from every treasury require a separate trial. That is how Lalu Prasad came to be convicted in the second fodder scam case and faces more trials.&lt;br /&gt;
&lt;br /&gt;
= Impeachment =&lt;br /&gt;
[https://www.indiatoday.in/magazine/up-front/story/20180416-cji-dipak-mishra-impeachment-supreme-court-1206276-2018-04-05#ssologin=1#source=magazine Faizan Mustafa , Judging our judges “India Today” 16/2/2018]&lt;br /&gt;
&lt;br /&gt;
Yet no judge has so far been impeached in India. In 2010, senior lawyer and former law minister Shanti Bhushan asserted, in an affidavit in the Supreme Court, that out of 16 chief justices of India, as many as eight were 'definitely corrupt'. There was a move to impeach CJI M.M. Punchhi for acquitting a person on the basis of a compromise in a matter of criminal breach of trust-which is a non-compoundable offence-for allegedly extraneous considerations, but the requisite number of MP signatures could not be procured for the impeachment motion. Last year, CJI J.S. Khehar too was mired in a controversy over the suicide note of former Arunachal Pradesh chief minister Kalikho Pul. Justice Markandey Katju too had made serious allegations about the extension given to a Madras High Court judge by three CJIs under political pressure from the DMK and UPA.&lt;br /&gt;
&lt;br /&gt;
The ill-conceived, half-hearted and unrealistic move to impeach CJI Dipak Misra on charges that are hard to prove should cue attempts to put in place a system of judicial accountability short of impeachment.&lt;br /&gt;
&lt;br /&gt;
A judge can be impeached by Parliament on grounds of 'proved misbehaviour or incapacity'. Judges hold office, not only in India but also in, say, Britain and the US, during what may be termed as 'good behaviour' periods. The CJI too can be impeached like any other judge as he is simply the first among equals. The Supreme Court itself has held that 'misconduct' is a relative term that could connote &amp;quot;wrong conduct or improper conduct&amp;quot;. The Judges (Inquiry) Bill, 2006, did include wilful, persistent failure to perform duties within the definition of 'misconduct', but it is difficult to argue that writing of fewer judgments or wrong judgments amounts to 'misconduct' or 'incapacity'.&lt;br /&gt;
&lt;br /&gt;
Public perception matters in the discharge of judicial functions. If there is even a baseless perception that the CJI and/ or other judges are under the influence of the government and matters in which the government is interested are given to pliant benches, it may be a worrisome sign for the independence of the judiciary. However, none of this, including the controversial constitution of a seven- and then five-judge bench with great alacrity to overturn a decision of a three-judge bench in the Lucknow medical college case, may really meet the stringent criteria of 'misconduct'.&lt;br /&gt;
&lt;br /&gt;
Corruption is a cognisable offence, yet in the Justice K. Veeraswami case (1991), the apex court laid down that no FIR can be filed against a judge without the permission of the CJI. Although the case was about corruption, the Supreme Court extended protection to all cases. If the allegation of corruption is against a Supreme Court judge, the President could order an investigation in consultation with the CJI. If the allegation was against the CJI, the President had to consult other judges and act on their advice. In CJI Khehar's case, since the allegations were not only against him but also against the then President (Pranab Mukherjee), Khehar rightly ordered that the matter be referred to an appropriate bench.&lt;br /&gt;
&lt;br /&gt;
The impeachment process is so time-consuming and tortuous that it practically gives judges immunity. We, therefore, must evolve other mechanisms to evaluate the performance of judges. Judicial accountability promotes at least three discrete values: the rule of law, public confidence in the judiciary, and institutional responsibility. Many US states have a 'merit plan' to evaluate judicial performance. States such as Arizona, California and Utah have Judicial Performance Review Commissions/ Councils. These consist of not only judges and lawyers but also laypersons. New York and Alaska have systems of evaluation by trained court observers who make unscheduled court visits. Judges are evaluated on their knowledge of law, integrity, sentencing, impartiality etc. Judges must be judged too, and we need mechanisms that enable this.&lt;br /&gt;
&lt;br /&gt;
=Judgements, famous=&lt;br /&gt;
==Disaster relief order: 2016==&lt;br /&gt;
[http://epaperbeta.timesofindia.com//Article.aspx?eid=31808&amp;amp;articlexml=SC-erred-in-disaster-relief-order-26052016011035 ''The Times of India''], May 26 2016&lt;br /&gt;
&lt;br /&gt;
Dhananjay Mahapatra&lt;br /&gt;
&lt;br /&gt;
In its over-zealousness to protect the lives of citizens reeling under severe drought in several states, the Supreme Court has erred in directing the Centre to set up a National Disaster Mitigation Fund (NDMF) under a non-operational statutory provision which had riled the government.&lt;br /&gt;
Led by finance minister Arun Jaitley , the government had accused the judiciary of wanton interference in the executive's exclusive domain of earmarking funds for various purposes under the budgetary exercise.&lt;br /&gt;
&lt;br /&gt;
The SC on May 11 had quoted Section 47 of the Disaster Management Act, which provides for setting up of NDMF for projects exclusively for the purpose of mitigation -measures aimed at reducing the risk of disaster.&lt;br /&gt;
&lt;br /&gt;
Slamming the government, the SC had said, “Although the DM Act has been in force for more than 10 years, the NDMF has not yet been constituted. Therefore, there is no provision for mitigation of a disaster.“ It said since the Centre had not set up NDMF, it was unlikely that states or district administrations would have set up disaster mitigation funds.&lt;br /&gt;
&lt;br /&gt;
“As mandated by Section 47 of the DM Act, 2005, a Na tional Disaster Mitigation Fund is required to be established. Unfortunately, no such fund has been constituted till date. Accordingly, we direct the Union of India to establish a National Disaster Mitigation Fund within three months,“ the bench said and set August 10 as the deadline to set up NDMF.&lt;br /&gt;
&lt;br /&gt;
While the anxiety to come to the rescue of those affected by droughts was reflected in the judgment of Justices Madan B Lokur and N V Ramana, the bench missed the fact that Section 47 of the DM Act was not yet notified. None of the counsel -neither additional solicitor general P S Narasimha nor the advocates appearing for states -drew the court's attention to the fact that Section 47 mandating setting up of NDMF was not notified by the government and, hence, remained non-operative.&lt;br /&gt;
&lt;br /&gt;
As a result of this mistake, the SC ended up directing the Centre to implement a provision of law which for all practical purposes is non-existent.&lt;br /&gt;
&lt;br /&gt;
A day after the SC directed the Centre to set up NDMF, Jaitley said the judiciary was progressively appropriating the executive's powers. “Step by step, brick by brick, the edifice of India's legislature is being destroyed,“ he said and his remark was appreciated by MPs cutting across party lines.&lt;br /&gt;
&lt;br /&gt;
==Setting up a Disaster Response Force==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=SC-also-erred-in-asking-govt-to-set-28052016012059 ''The Times of India''], May 28 2016&lt;br /&gt;
&lt;br /&gt;
'''SC also erred in asking govt to set up Disaster Response Force: ASG'''&lt;br /&gt;
﻿&lt;br /&gt;
&lt;br /&gt;
﻿&lt;br /&gt;
Additional solicitor general P S Narasimha on Friday said the Supreme Court erred not only in directing setting up of National Disaster Mitigation Fund (NDMF) but also in asking the Centre to set up a National Disaster Response Force (NDRF).&lt;br /&gt;
Responding to a TOI report published on Thursday, Narasimha said during the arguments on a PIL filed by `Swaraj Abhiyan', he had pointed out to the court that Section 47 of Disaster Management Act had left it to the Union government's discretion whether or not to set up NDMF by using the words “the government may“.&lt;br /&gt;
&lt;br /&gt;
“Apart from this, I had also pointed out to the court that National Disaster Re sponse Fund under Section 46 was already constituted and in fact been operated since 2010. During the course of hearing, I had elaborately pointed out the distinction between mandatory provisions and those which are enabling,“ he said.&lt;br /&gt;
&lt;br /&gt;
He added that he had also brought to the court's notice the rejection of a proposal to set up NDMF by the 13th Finance Commission, which was of the view that funds were already available to different ministries under the DM Act for mitigation measures connected to a disaster.&lt;br /&gt;
&lt;br /&gt;
“Surprisingly , in its judgment on May 11, the court directed constitution of NDMF. Equally erroneously, the judgment directed formation of NDRF, although such a force has already been constituted under Section 44 with the requisite manpower. This fact was brought to the notice of the bench by a senior officer of the disaster management authority who was present in the court,“ Narasimha said.&lt;br /&gt;
&lt;br /&gt;
The ASG objected to the TOI report which said that “the bench missed the fact that Section 47 of the DM Act was not yet notified as none of the counsel -neither additional solicitor general P S Narasimha nor advocates appearing for the states -drew the court's attention to this fact“. TOI had reported that the SC had erred by directing constitution of NDMF as Section 47 was nonoperational.&lt;br /&gt;
&lt;br /&gt;
He said attribution of this omission to him was erroneous as he had presented all facts before the court.“For these reasons, I promptly advised filing of a review petition as these findings constitute errors apparent on the face of the record,“ he said.&lt;br /&gt;
&lt;br /&gt;
However, none of the written submissions presented by the Centre to the court during the hearing mentioned the fact that non-notification of Section 47 barred the court from directing the government to constitute NDMF.&lt;br /&gt;
&lt;br /&gt;
=Judges=&lt;br /&gt;
==Advocates who gained straight entry to the SC==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=4-new-SC-judges-2-rarities-05052016001068 ''The Times of India''], May 5, 2016&lt;br /&gt;
&lt;br /&gt;
2016: Senior advocate L Nageshwar Rao joined a super-exclusive club of advocates to gain straight entry to the SC: Kuldip Singh, Santosh Hegde, U ULalit and R F Nariman. Rao was additional solicitor gene ral under both UPA and NDA before resigning in 2015.&lt;br /&gt;
&lt;br /&gt;
==Both father and son as SC judges==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=4-new-SC-judges-2-rarities-05052016001068 ''The Times of India''], May 5, 2016&lt;br /&gt;
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2016: The collegium headed by the Chief Justice of India recommended appointment to the Supreme Court of Allahabad HC chief justice DhananjayChandrachud. Justice Chandrachud's father Yeshwant was CJI from February 1978 to July 1985. Appointed a judge in Bombay HC at just 40, Chandrachud Junior has nine years of service left and a strong chance of creating history by also becoming CJI. Only once before have both father and son made it to the SC N H Bhagwati and P N Bhagwati, who went on to become CJI.&lt;br /&gt;
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=Judges' differences with the Chief Justice=&lt;br /&gt;
==2018, Jan: Four SC judges’ press conference==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/shock-sc-judges-press-conference-let-nation-decide-about-cjis-impeachment/articleshow/62471142.cms      Supreme Court judges' press conference: 'Let nation decide about CJI's impeachment' | Jan 12, 2018  | TIMESOFINDIA.COM]&lt;br /&gt;
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[[File: Some brief profiles of Justice Dipak Misra, Justice Chelameswar, Justice Ranjan Gogoi, Justice Kurian Joseph and Justice Madan B Lokur.jpg|Some brief profiles of Justice Dipak Misra, Justice Chelameswar, Justice Ranjan Gogoi, Justice Kurian Joseph and Justice Madan B Lokur &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01417&amp;amp;sk=983FB026&amp;amp;mode=text  January 13, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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[[File: 2018 Jan- WHAT THE JUDGES' LETTER to the CJI SAID.jpg|2018 Jan- WHAT THE JUDGES' LETTER to the CJI SAID;  &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01404&amp;amp;sk=1CD28F5D&amp;amp;mode=text  January 13, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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NEW DELHI: In an unprecedented move, four senior Supreme Court judges today called a press conference to express their displeasure with the Chief Justice of India (CJI) Dipak Mishra and with the way he was assigning cases.&lt;br /&gt;
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''' Highlights ''' &lt;br /&gt;
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*The four judges' letter to the CJI [in Nov 2017] airing their grievance about selective assigning of important cases&lt;br /&gt;
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*&amp;quot;The CJI is only the first among equals nothing more and nothing less&amp;quot;, they said&lt;br /&gt;
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*The judges acknowledged that what they were doing - in calling a press conference - was highly unusual&lt;br /&gt;
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The four judges+ ' wrote a letter to the CJI two months ago, airing their grievances about selective assigning of important cases to judges who are junior to them. They also said they have issues with the assignment of the case to do with the mysterious death of Justice BH Loya, who was hearing the Sohrabuddin fake encounter case.&lt;br /&gt;
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&amp;quot;The convention of recognising that CJI is the master of roster and assigns cases to different benches is for disciplined and efficient transaction of court business and not a recognition of superior authority,&amp;quot; they said in the letter.&lt;br /&gt;
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&amp;quot;The CJI is only the first among equals nothing more and nothing less&amp;quot;, they added.&lt;br /&gt;
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The judges were Justice Chelameswar, Justice Gogoi, Justice Lokur and Justice Kurian Joseph. They said they are speaking out because &amp;quot;democracy will not survive if the judiciary is not impartial&amp;quot;. [These four honourable judges ranked at nos.1, 2, 3 and 4 among  the 24 [[Supreme Court: India: Sitting judges ]], not counting the Hon. Chief Justice of India, who obviously was senior to them all.]&lt;br /&gt;
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The judges said they were annoyed that the medical college admissions scam was sent to court no 7 after a Justice Chelameswar headed bench sent it to a five-judge bench of himself, the CJI and Justices Gogoi, Lokur and Joseph.&lt;br /&gt;
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They also said they wanted to highlight unspecified irregularities in the judiciary and to say that the CJI Mishra isn't doing anything to remedy the situation, despite the letter they wrote him some months ago.&lt;br /&gt;
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When the Justices were asked if the issues were to do with the Collegium as well, they didn't confirm or deny it. When asked if CJI Mishra should be removed, one of them said, &amp;quot;Let the nation decide on his impeachment.&amp;quot;&lt;br /&gt;
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They said they sent the CJI the letter but didn't hear back, and then they met him again this morning, to no avail.&lt;br /&gt;
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&amp;quot;We collectively tried to persuade the CJI that certain things aren't in order so take remedial measures but unfortunately our efforts failed,&amp;quot; said Justice Chelameswar.&lt;br /&gt;
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The four judges said many &amp;quot;undesirable&amp;quot; things have occurred in the judiciary lately.&lt;br /&gt;
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&amp;quot;The administration of the SC is not in order and many things which are less than desirable have happened in last few months,&amp;quot; said Justice Chelameswar.&lt;br /&gt;
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A few minutes before the press conference, the SC said, separately, that the &amp;quot;mysterious death of Justice BH Loya is a serious issue&amp;quot;. They asked the Maharashtra government to present all documents to do with his death to the court on Monday. Justice Loya was hearing the Sohrabuddin fake encounter case and died under mysterious circumstances.&lt;br /&gt;
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The judges also had a grievance that the PIL seeking a probe into Justice Loya's death was assigned to court no. 10 and not to any of the first four benches other than CJI-led bench.&lt;br /&gt;
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The judges acknowledged that what they were doing - in calling a press conference - was highly unusual.&lt;br /&gt;
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=== A look at their career track and antecedents ===&lt;br /&gt;
[https://www.indiatoday.in/magazine/the-big-story/story/20180129-supreme-court-rebel-judges-cji-dipak-mishra-1148761-2018-01-19 Damayanti Datta , Brothers at war “ India Today” 29/1/2018]&lt;br /&gt;
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[[File: Brothers at war .jpg| Brothers at war [https://www.indiatoday.in/magazine/the-big-story/story/20180129-supreme-court-rebel-judges-cji-dipak-mishra-1148761-2018-01-19 .&amp;lt;br/&amp;gt; “ India Today”]|frame|500px]]&lt;br /&gt;
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===The events of that day===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F14&amp;amp;entity=Ar00903&amp;amp;sk=C743DE97&amp;amp;mode=text  Dhananjay Mahapatra, Judges’ presser sharpened double-edged swords wielded by activist lawyers, January 14, 2019: ''The Times of India'']&lt;br /&gt;
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It was Friday, January 12, 2018. Fridays in Supreme Court are busy days. But four seniormost judges wound up judicial work in 45 minutes. The SC corridor was agog with rumours about an impending unprecedented press conference by them. Journalists rushed to Justice Jasti Chelameswar’s official residence. History was made. The rumours came true. The judges cornered then CJI Dipak Misra.&lt;br /&gt;
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But Justice Chelameswar donned a worried look, his gaze fixed at the entrance of his residential bungalow. Explaining the worry lines on his forehead, he had said, “If the three johnnies don’t come, I will be in a soup as I had put my neck out.” The three — Justices Ranjan Gogoi, Madan B Lokur and Kurian Joseph — trooped in a little later. Justice Chelameswar sported a smile of relief.&lt;br /&gt;
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We all know what happened later — how an activist lawyer attended the presser, was stopped from asking questions by journalists and was closeted with Justice Chelameswar immediately after the press conference. How a Left leader went to meet Justice Chelameswar, how the presser was used to exert pressure on the then CJI by politician-lawyers to defer adjudication of Ayodhya case and how it became a ground for moving an unprecedented removal motion by Congress against the then CJI in Parliament.&lt;br /&gt;
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The presser further unnerved CJI Misra, who was on the back foot since November 2017 when Justice Chelameswar attempted to snatch the CJI’s power as ‘master of roster’ by setting up a fivejudge bench to hear a petition by ‘forum hunting’ activist-lawyers seeking a probe into the CJI’s alleged role in the medical college admission scam.&lt;br /&gt;
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CJI Misra had to hurriedly set up a five-judge bench to annul Justice Chelameswar’s order and reiterate the CJI’s sole prerogative in assigning a case to a particular bench and determining the number of judges on the bench. The CJI was damned by both the rebel judges and the activist-lawyers for allocating cases of national importance arbitrarily to select benches of “junior” judges perceived to have political leanings.&lt;br /&gt;
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Less than a year later, CJI Ranjan Gogoi notified a five-judge constitution bench to adjudicate the Ayodhya land dispute case. It surprised many as a three-judge bench on September 27 had rejected a demand for its reference to a five-judge bench and ruled that a three-judge bench would decide it.&lt;br /&gt;
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CJI Gogoi explained that he used his plenary powers under Order VI Rule 1 of Supreme Court Rules, 2013, to set up the five-judge bench. On wonders why the same rule was not the saviour for CJI Misra when he set up a five-judge bench for reiteration of the CJI’s prerogative in allocating cases to a bench and its numerical strength. While CJI Mishra was damned, the Muslim parties hailed CJI Gogoi saying “this is how a CJI must act”. If a CJI’s orders are favourable, activist-lawyers waste no time in crowning him as the most independent judge on earth.&lt;br /&gt;
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Allocation of petitions seeking probe into alleged suspicious death of judicial officer B H Loya to a bench headed by Justice Arun Mishra had triggered the January 12 presser. Justice Mishra recused. A&lt;br /&gt;
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three-judge bench led by CJI Misra heard the case and dismissed the petitions. They drew a lot of flak. The activist-lawyers missed no words in the dictionary to berate the then CJI.&lt;br /&gt;
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For any CJI, the SC is a pitch of quicksand prepared by activist-politician lawyers. The moment a judge gets into the post of CJI, these lawyers miss no opportunity to attempt to push him on the back foot to make sure the SC entertains their PILs, genuine as well as tainted, which give them immense clout in social, political and bureaucratic circles.&lt;br /&gt;
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A cornered CJI Misra reacted on expected lines and entertained a huge number of PILs. But CJI Gogoi is not one to be pushed on the back foot. When the CBI vs CBI PIL, followed by another on the Rafale aircraft deal, came up before him, he earned the ire of the same group of lawyers for the manner in which he surgically heard the cases without permitting lengthy arguments. Immediately, they turned against him.&lt;br /&gt;
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Even before the judgments were delivered, the activist-politician lawyers were at their usual work — spreading the word in the corridors and social media that CJI Gogoi would dismiss both petitions and that he was worse than CJI Misra. These lawyers have already started digging into the past to find some link to brand CJI Gogoi as close to the government. Such is the danger for a CJI.&lt;br /&gt;
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After his retirement, Justice Chelameswar had boasted that he had strived for transparency and objectivity in the collegium process for selection of judges to the SC and HCs. When he was part of the collegium, Justice Chelameswar had taken advantage of the then CJI’s proposal to abruptly change an earlier recommendation — a Karnataka HC judge’s transfer to Bombay HC was to be annulled and he was to be sent to Allahabad HC.&lt;br /&gt;
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Justice Chelameswar agreed, but with a quid pro quo — transfer a Kerala HC judge to Andhra Pradesh HC even though he knew that the HC judge, prior to his appointment, had given an affidavit to the SC to never press for his transfer back to AP HC. The CJI had to agree. But the Union government refused to act on this recommendation.&lt;br /&gt;
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The CJI Gogoi-headed collegium has now recommended transfer of that Kerala HC judge to Bombay HC, superseding its earlier recommendation. What is the status of transparency and objectivity, both then and now, which the judges’ press conference had pressed for?&lt;br /&gt;
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In SP Gupta case [1981 (sup) 1 SCC 87], described as the first judges’ case, the SC had said, “Unfortunately, it is the easiest thing to make false, reckless and irresponsible allegations against judges in regard to their honesty and integrity and in recent times, the tendency has grown to make such allegations against judges because they have decided the case in a particular manner, either against a dissatisfied litigant or contrary to the view held by a group or, section of politicians or lawyers or members of public.”&lt;br /&gt;
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How true today after nearly 40 years! When Justice Gogoi took umbrage to the Loya case allocation during the presser, activist-politician lawyers hailed him as the epitome of honesty, integrity, independence and fearlessness. In less than a year, the same lawyers have turned against him merely because he refuses to be cowed down by their tactics and continues to decide cases on merit, with or without meeting their expectations. Such is the life of a CJI, very lonely and unnerving.&lt;br /&gt;
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==The Five main issues that annoyed the Hon Judges==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/senior-sc-judges-press-conference-five-main-issues-that-annoyed-them/articleshow/62472066.cms     Senior SC judges' press conference: Five main issues that annoyed them | Jan 12, 2018|TIMESOFINDIA.COM]&lt;br /&gt;
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The four senior Supreme Court (SC) judges who called an unprecedented press conference today had grievances to do with the assignment of cases and how the Chief Justice of India Dipak Mishra was handling it. Here are the 5 main issues that annoyed them:&lt;br /&gt;
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1) The four senior judges+ believe that all important cases get heard by CJI-led bench and do not get distributed to other senior judges heading benches.&lt;br /&gt;
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2) The four judges also said there have been instances where cases that have far-reaching consequences for the nation and the judiciary were assigned by the Chief Justice selectively - to benches of their preference - and not based on rationality. &amp;quot;This must be guarded against at all costs,&amp;quot; said the 4 senior SC judges.&lt;br /&gt;
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3) Specifically, the Four judges were annoyed that a public interest litigation seeking a probe into Judge B M Loya's &amp;quot;mysterious&amp;quot; death was assigned to court no. 10 and not to any of the first four benches other than the CJI-led bench.&lt;br /&gt;
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4) The judges further had a simmering grievance about the medical college admissions scam being sent to court no 7 after a Justice Chelameswar headed bench sent it to a five-judge bench of himself, the CJI, himself, and Justices Gogoi, Lokur and Joseph. The medical college admissions scam is to do with the role of sitting and retired judges of high courts in enabling private medical colleges admit students to MBBS courses despite the apex court's order to the contrary.&lt;br /&gt;
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5) The four judges also said that it was wrong on part of CJI to head a small bench and deal with the memorandum of procedure when it was earlier heard by a five-judge bench.&lt;br /&gt;
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===They felt the ‘CJI was being remote-controlled’ ===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F03&amp;amp;entity=Ar00127&amp;amp;sk=4F4A6C0F&amp;amp;mode=text  Dhananjay Mahapatra, December 3, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: &amp;quot;Presser was Justice Chelameswar's idea&amp;quot;.jpg|&amp;quot;Presser was Justice Chelameswar's idea&amp;quot; &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F03&amp;amp;entity=Ar00127&amp;amp;sk=4F4A6C0F&amp;amp;mode=text  Dhananjay Mahapatra, December 3, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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'' ‘Judges With Perceived Bias Given Cases’ ''&lt;br /&gt;
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In a stunning claim, retired Supreme Court judge Kurian Joseph said he and three other most senior SC judges held their muchdiscussed press conference on January 12 as they felt that then CJI Dipak Misra was being controlled from outside and was allocating cases to judges with political bias.&lt;br /&gt;
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In an exclusive interview to TOI, Justice Joseph narrated in detail the turbulent times in the apex court, leading to the unprecedented press conference by him with three most senior judges — Justices Jasti Chelameswar, Ranjan Gogoi and Madan B Lokur. Asked what went wrong within four months of Justice Misra taking over as CJI, Justice Joseph said, “There were several instances of external influences on the working of the Supreme Court relating to allocation of cases to benches headed by select judges and appointment of judges to the Supreme Court and high courts.&lt;br /&gt;
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===’Held presser after all attempts failed’===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F03&amp;amp;entity=Ar01104&amp;amp;sk=92F63973&amp;amp;mode=text  Dhananjay Mahapatra, December 3, 2018: ''The Times of India'']&lt;br /&gt;
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“Someone from outside was controlling the CJI (Dipak Misra), that is what we felt. So we met him, asked him, wrote to him to maintain independence and majesty of the Supreme Court. When all attempts failed, we decided to hold a press conference,” former Supreme Court judge Kurian Joseph told TOI in an exclusive interview.&lt;br /&gt;
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Asked to elaborate on the “external influence”, Justice Joseph said, “Starkly perceptible signs of influence with regard to allocation of cases to different benches selectively, to select judges who were perceived to be politically biased.”&lt;br /&gt;
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Asked whether it was a unanimous decision to go for the press conference, he said, “Justice Chelameswar was the initiator of the idea of press conference. But we three agreed with him.”&lt;br /&gt;
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At the headline-hogging Press conference, the rebel judges questioned the functioning of then CJI Misra, including allocation of hearing of a petition seeking probe into the alleged suspicious death of judicial officer B H Loya to a bench headed by Justice Arun Mishra, who later recused from the case after a showdown with Justice Chelameswar at the routine morning meeting of SC judges on January 13.&lt;br /&gt;
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The presser and allegations of the then CJI getting cosy with the establishment were cited as grounds in the motion moved by Congressled opposition parties in the Rajya Sabha seeking Justice Misra’s removal. The notice for the motion was rejected by Rajya Sabha chairman M Venkaiah Naidu for lack of any convincing grounds.&lt;br /&gt;
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Born in a family with modest means, Justice Joseph persevered to rise in his profession, reaching the number three spot in the SC. His father was a clerk in the Kerala high court, where he started his practice in 1979 at the age of 26. He was appointed additional advocate general of Kerala in 1994 and was designated a senior advocate in 1996.&lt;br /&gt;
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“It was a proud moment for me when I took oath as a judge of the Kerala HC in 2000, the HC where my father had worked as a clerk. His meagre income was insufficient to run a large household comprising seven children. I used to go to school barefoot and got my first slippers when I was in Class 7,” he said.&lt;br /&gt;
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A deeply spiritual person, Justice Joseph believes that dispensing justice is a constitutional duty where compassion holds the balance. In his tenure of five years and eight months, he disposed of 8,612 cases and wrote over 1,000 detailed judgments.&lt;br /&gt;
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His prayer before deciding cases would humble the most knowledgeable, “I always had the same prayer on my lips when I heard a case: ‘God, let justice not be denied to a deserving person only because of my lack of knowledge or inadequate preparation on my part. And give me wisdom to discern justice in the case’.” Justice Joseph said he read each and every case file and his law clerks were utilised only for research purposes.&lt;br /&gt;
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==Allahabad HC, Devi Dayal case, 1959: CJ’s right to assign cases==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F22&amp;amp;entity=Ar02105&amp;amp;sk=8E903F63&amp;amp;mode=text  Dhananjay Mahapatra, SC may see transparency, but judiciary will pay price for presser, January 22, 2018: ''The Times of India'']&lt;br /&gt;
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No greater damage can be caused to the administration of justice and to the confidence of people in judicial institutions when judges of the higher courts publicly express lack of faith in the subordinate judges,” the Supreme Court had said more than two decades ago in Braj Kishore Thakur case [1997 (4) SCC 65]. The SC was commenting at the diatribe of an HC judge that a certain trial court judge did not have proper knowledge of law.&lt;br /&gt;
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Imagine the catastrophic damage to people’s faith in judiciary and administration of justice when four seniormost judges of the SC in a coup-like fashion engineered a tweet inviting the media to a certain judge’s residence, slipped out of the SC at noon on a busy Friday and stunned the world by holding a press conference expressing no confidence in the fairness of the Chief Justice of India in assigning sensitive cases of national importance. They alleged that these always went to hand-picked benches headed by junior judges. At the same time, they acknowledge that all judges in the SC were equal, hence no seniorjunior divide.&lt;br /&gt;
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Since 1950, various constitutional courts have frowned at litigants, lawyers and judges attempting to assign cases to a particular judge or bench. The Allahabad HC in Devi Dayal case [AIR 1959 Allahabad 421] had said, “It is only the chief justice who has the right and the power to decide which judge is to sit alone and which cases such judge can decide; further, it is again for the CJ to determine which judges shall constitute a division bench and what work those benches will do... It is for the CJ to allot work to judges and judges can do only such work as is allotted to them.” It went on to say that an order passed by a judge or a bench in a case would not be appropriate if that case had not been assigned to that judge or bench by the chief justice.&lt;br /&gt;
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The Allahabad HC ruling has been the signature tune of higher courts for the last six decades. In Narayan Shamrao Puranik case [AIR 1982 SC 1198], the SC had said, “The chief justice is the master of the roster. He has full power, authority and jurisdiction in the matter of allocation of business of the HC.” The CJ had this power not only as per rules but it “inheres in him in the very nature of things”.&lt;br /&gt;
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A full bench of Madras HC in 1991 in Mayavaram Financial Corporation Ltd had said, “The chief justice has the inherent power to allocate the judicial business of the high court including who of the judges should sit alone and who should constitute the bench of two or more judges. No litigant shall have a right to question jurisdiction of judges or the judge hearing the case. No person can claim as a matter of right that his petition be heard by a single judge or a division bench or a particular judge or a particular division bench. No judge or bench will assume jurisdiction unless the case is allotted to them under the orders of the CJ.”&lt;br /&gt;
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So, is the CJI’s decision to assign petitions on CBI special judge B H Loya’s death to a bench headed by a junior judge the real trigger for the unprecedented press conference? Or, was there more to it than meets the eye? Was the rebellion fuelled by personal ambitions of a certain someone? Or were there lawyerpoliticians who conspired to scuttle the exclusive prerogative of the CJI in assigning cases? Could it also be because the CJI appeared to expedite hearing in a seven year-old appeal in a certain 70-year-old ‘sensitive’ litigation brushing aside feverish and persistent pleas of lawyer-politicians to post it to July 2019? Did certain lawyers act as catalysts for the eruption in the press conference? Why did a lawyer who represents a petitioner in the Loya case attend the press conference and get closeted with the judge at whose house the presser was held? It is hard to lift the veil on the real cause behind the press conference.&lt;br /&gt;
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Sitting atop a pyramidal three-tier justice delivery system, the SC has been serving as the final arbiter of all kinds of disputes — political, social, economic and personal. By the very nature of judicial decisions, most often only one party to the dispute emerges victorious in a litigation. With stakes running high in cases, especially in commercial and public interest litigations which with time have become more and more political interest litigations, the lawyers seek an escape route for their failure in the SC by pushing the blame at ‘bad assigning’ of the case.&lt;br /&gt;
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In the age of free speech, dissent and accusations spread faster than plague on social networks. If one praises a certain judge, he will be branded a stooge and social media will register hundreds of likes from people who have no knowledge either about&lt;br /&gt;
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the person being targeted or the judge. Rumours travel faster than electricity and easily get accepted as ‘fact’ on social media. Take for example, an invitation extended to the media by the NALSA executive chairman, a very senior SC judge, to explain the help it is going to render to lakhs of poor litigants in the hinterland through legal clinics. Despite 24 hours notice, only a few journalists, mostly those who cover the apex court daily, turned up. In contrast, just a tweet went out hinting about the press conference of four senior judges barely half an hour before the event. It attracted swarms of print and electronic media journalists, including eminent ones who seldom cover courts.&lt;br /&gt;
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A seasoned politician would have been surprised by the media response at such short notice.&lt;br /&gt;
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The press conference’s attempt to demolish the unitary command structure of the CJI for assignment of cases appears to herald a coalition era in the SC and possibly would percolate to HCs. In the coalition era on the political front, a government, holding reins of power through a slender majority, was dependent on every single MP. This allowed each MP to have his coterie comprising intellectuals, journalists and activists. Thus, in the coalition era, a lot of people were happy as it served their personal ambitions and interests. In a single party government, there is a drastic reduction in the number of key MPs, which in turn shrinks the population of those thriving on patronage in these three tribes.&lt;br /&gt;
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Is judiciary going to see a similar coalition era after the press conference, when not only judges but lawyers, especially the activists and the brazenly belligerent ones, will have a say in deciding which judge should hear which case? Though the press conference might just be the bitter dose required for ushering in transparency in assigning of cases to benches, it has set a precedent for other judges.&lt;br /&gt;
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They now have the licence to hold a press conference whenever they feel the CJI, an HC CJ or any judge is doing anything wrong, even on a wrong perception.&lt;br /&gt;
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The press conference’s attempt to demolish the unitary command structure of the Chief Justice of India for the assignment of cases appears to herald a coalition era in the apex court and possibly would percolate to the high courts&lt;br /&gt;
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==Retired judges', AG's and lawyers' reactions==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/turmoil-in-supreme-court-top-developments/articleshow/62475813.cms     Turmoil in Supreme Court: Top developments|   Jan 12, 2018 | TIMESOFINDIA.COM]&lt;br /&gt;
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In what could be seen as possible damage control, ''' Attorney General ''' KK Venugopal hinted to ANI that the turmoil could be resolved by [the next day], even as he stressed that the press conference &amp;quot;could have been avoided.&amp;quot;&lt;br /&gt;
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&amp;quot;Today's press conference could have been avoided, but the Supreme Court judges are all statesman with vast experience and knowledge, and I am sure by tomorrow, the entire issue would be &lt;br /&gt;
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Sources in the government told news agency PTI that the conflict was an &amp;quot;internal&amp;quot; matter of the judiciary. This may reflect the ''' government's reluctance to interfere ''' &lt;br /&gt;
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Government sources, however, added that the apex court should settle the issue at the earliest as the faith of the people in the judiciary is at stake&lt;br /&gt;
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[http://www.indpaedia.com/ind/index.php/Supreme_Court:_India#.E2.80.98The_integrity_of_the_institution.E2.80.99    Supreme Court judges' press conference: Other judges' and lawyers' reactions | Jan 12, 2018 | TIMESOFINDIA.COM]&lt;br /&gt;
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Highlights&lt;br /&gt;
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Four senior Supreme Court (SC) judges today called an unprecedented press conference today acknowledged that what they were doing - in speaking to the media - was highly unusual. &amp;quot;This is an extraordinary event and it is with no pleasure we are doing this...We are left with no choice but to address the nation,&amp;quot; said Justice Chelameswar. Here is what other lawyers and some former SC lawyers have to say about that:&lt;br /&gt;
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* PB Sawant, former Supreme Court judge: Judges had to come before media &amp;amp; take this unprecedented step. This means that there is a serious dispute, either with CJI or some internal dispute.&lt;br /&gt;
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* Justice R.S. Sodhi: Issues don't matter. It is their complaint on administrative matter. They are only 4, there are 23 others. 4 get together and show the Chief Justice in a poor light. It is immature and childish behaviour. I think all 4 judges should be impeached, they have no business to sit there and deliver verdicts anymore.&lt;br /&gt;
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*Mukul Mudgal, retired high court judge: There must be some serious reason that they were left with no other option but to hold a press conference. But what connection does Loya have with this? I know nothing about this and I don't want to make comments about any political matter&lt;br /&gt;
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* Indira Jaising, Supreme Court advocate: I think it's a historic Press Conference. It was very well done. I think we, the people of India, have a right to know what is going on within the judiciary and I welcome this.&lt;br /&gt;
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* Salman Khurshid, senior advocate and Congress leader: Deeply sad and pained, also feel a sense of agony that the highest court of the land should come under such severe stress that forces judges to address the media.&lt;br /&gt;
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* Prashant Bhushan, lawyer and politician: It is certainly a very serious development which has cast a huge shadow on the Chief Justice. Somebody had to confront the situation, where CJI is blatantly misusing his powers, hence the unprecedented step (by the 4 judges).&lt;br /&gt;
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*Senior lawyer KTS Tulsi: I am sure they (four judges) have exhausted all other remedies. One could see pain on their faces while they were speaking. The whole matter is with respect to judicial propriety. The question is of natural justice. Whatever is the law for common man, it is applied much more rigorously as far as judges are concerned because they must always be above suspicion&lt;br /&gt;
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* BJP MP Subramanian Swamy: We can't criticize them, they are men of great integrity and have sacrificed a lot of their legal career, where they could've made money as senior counsels. We must respect them. The PM must ensure that the 4 judges and the CJI, in fact, the whole SC come to one opinion and proceed further.&lt;br /&gt;
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(With inputs from agencies)&lt;br /&gt;
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== Lawyer-politicians fanned the flames==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F03%2F05&amp;amp;entity=Ar01100&amp;amp;sk=3A9E7559&amp;amp;mode=text  Dhananjay Mahapatra, Lawyer-politicians ran with hares and hunted with the hounds after Jan 12 presser, March 5, 2018: ''The Times of India'']&lt;br /&gt;
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The unprecedented press conference by four seniormost Supreme Court judges on January 12 shattered the calm exterior of the judiciary. Most of the four wanted to “discharge their debt to the nation” by informing the public about the “anomalous” administrative decisions of the Chief Justice of India.&lt;br /&gt;
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They were naive to assume that their going public would force a course correction in the CJI’s administrative decisions, which included assigning of cases to benches headed by “junior” judges. After watching the unfolding events from close quarters, one is sure they would not have imagined that a simple “debt discharging” press conference would inflict a deep wound on judicial independence, invite political interference and, worse, allow lawyer-politicians to adopt a “run with the hare and hunt with the hounds” strategy to attempt to pressurise the CJI.&lt;br /&gt;
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The four judges candidly said that allocation of petitions seeking a probe into judicial officer B H Loya’s death to a “junior SC judge” was the tripping point.&lt;br /&gt;
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In reality, it was the personal perception about handling of the medical scam case, coupled with a judge’s unflagging ambition to achieve the unattainable, which fuelled the rebellion.&lt;br /&gt;
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Lawyer-politicians seized the opportunity and added two more cases — one, sudden activation of a dormant Ayodhya case on the request of BJP leader Subramanian Swamy and second, reopening of 1984 anti-Sikh riot cases by appointment of a committee headed by former Delhi HC judge S N Dhingra — to target the CJI.&lt;br /&gt;
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On the political front, these lawyer-politicians kept the CJI on tenterhooks by strongly lobbying with their party bosses to initiate a motion for the CJI’s removal. In court, they seamlessly slipped into black robes and smilingly argued before the bench seeking relief in politically sensitive cases.&lt;br /&gt;
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The SC had not experienced the machinations of such lawyer-politicians when it said in C Ravichandran Iyer case [1995 (5) SCC 457], “The judges of higher echelons should not be mere men of clay with all the frailties and foibles, human failings and weak character which may be found in those in other walks of life.&lt;br /&gt;
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They should be men of fighting faith with tough fibre not susceptible to any pressure — economic, political or any sort.”&lt;br /&gt;
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It is easy to say that judges must be of tougher material than lawyers, the community from which they are mostly drawn. But a threat to bring removal motion against a judge as a sinister design to make him cower in fear of ignominy has its effect on a man who also lives within society’s bounds.&lt;br /&gt;
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While lawyer-politicians attempted to reap advantage in important cases having political ramifications by attempting to subdue the CJI, the executive too found the fluid situation a fertile ground to undermine judicial independence. Though mercifully it did not interfere in the internal impasse, it definitely took advantage of lack of unity within the collegium to stall appointment of SC and HC judges.&lt;br /&gt;
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So, what did the press conference achieve? It is doubtful whether the grievance about allocation of cases to “junior” judges has been addressed. But surely, it opened the field for political and executive interference in judiciary? In 1995, two bar associations of Bombay (now Mumbai) passed resolutions demanding resignation of then Chief Justice of Bombay HC A M Bhattacharjee, alleging that an astronomical amount was paid by a foreign publisher to market two books authored by him abroad and that this could influence the CJ’s judicial decisions given the lawyers involved in striking the deal. This issue was brought before the SC by one Ravichandran Iyer. The SC had said that except Parliament dealing with a removal motion, “no other forum or fora or platform is available for discussion of the conduct of a judge in the discharge of his duties as a judge of the SC or HC, much less a bar council or a group of practising advocates. They are prohibited to discuss the conduct of a judge in the discharge of his duties or pass any resolution in that behalf ”.&lt;br /&gt;
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Referring to the “extraordinary complexity of modern litigation”, the SC had in the same judgment said, “The independence of judiciary is not limited only to independence from executive pressure or influence, it is a wider concept which takes within its sweep independence from any other pressure and prejudices. It has many dimensions, viz, fearlessness of other power centres, economic and political, freedom from prejudices acquired and nourished by the class to which the judge belongs.”&lt;br /&gt;
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The SC also talked about judicial individualism. It said every judge in constitutional courts enjoyed individual freedom and peers could not exert pressure to make him act in a charted manner.&lt;br /&gt;
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To buttress this argument, the SC had quoted the dissenting opinion of two US Supreme Court judges in the 1970 case ‘Stephen S Chandler vs Judicial Council of the Tenth Circuit of the US’.&lt;br /&gt;
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The dissenting judgment said, “Once a federal judge is confirmed by the Senate and takes his oath, he is independent of every other judge. He commonly works with other federal judges who are likewise sovereign. But neither one alone nor any number banded together can act as censor and place sanctions on him... Some judges may be displeasing to those who walk in more measured, conservative steps but those idiosyncrasies can be of no possible constitutional concern to other federal judges.” It is time SC and HC judges took stock of the fallout of the presser and put heads together to devise ways and means to ward off political, executive and economic powers ever so eager to exert influence on the judiciary, undermining the cardinality of judicial independence.&lt;br /&gt;
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==Differences first erupted over medical scam PIL==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/simmering-differences-in-supreme-court-had-first-erupted-over-medical-scam-pil/articleshow/62480997.cms  Dhananjay Mahapatra, January 13, 2018: ''The Times of India'']&lt;br /&gt;
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''Simmering differences in Supreme Court had first erupted over medical scam PIL''&lt;br /&gt;
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NEW DELHI: The closing of ranks in the judiciary, witnessed in the National Judicial Appointments Commission (NJAC) case three years ago when the Supreme Court (SC) revived the collegium system for the selection of judges to constitutional courts, lay in tatters on Friday when the simmering discontent among the top five SC judges burst out in the open. &lt;br /&gt;
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'''How cases are allocated in Supreme Court '''&lt;br /&gt;
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The immediate trigger for the unprecedented press conference by the four most senior judges — Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph — may have been CJI Dipak Misra's refusal to accede to their request to delete the PIL seeking a probe into CBI judge B M Loya's death from the list of business before court number 10 but the discontent over not being assigned important cases that get space in newspapers and TV channels was simmering for a long time, even before Misra took over the top post in August last year. &lt;br /&gt;
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Justice Chelameswar had protested against the manner in which the collegium functioned and even kept away from its meetings while deciding to put written comments on file for the selection of judges of the SC and HCs during the tenure of then CJI T S Thakur and continued with his stand during CJI H S Khehar's term. However, he had joined collegium meetings during CJI Misra's term. &lt;br /&gt;
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'''What the rift in SC is about '''&lt;br /&gt;
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The first of the major differences between Justice Chelameswar and CJI Misra surfaced in public when a PIL filed by the Committee for Judicial Accountability and Reforms alleging judges' involvement in a medical scam was mentioned for urgent hearing before a bench headed by Justice Chelameswar in December last year. Justice Chelameswar put it up for hearing the next day. But, as is the practice in the SC, the petition got referred to the CJI as the master of roster and he assigned it to a bench headed by Justice A K Sikri. &lt;br /&gt;
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But before the Justice Sikri-led bench could hear it the next day, another petition by advocate Kamini Jaiswal, which was identical to the one filed by the NGO, was mentioned for hearing before the bench headed by Justice Chelameswar with a prayer for urgent hearing. Justice Chelameswar ordered a hearing on the petition at 12.45pm and passed an order placing the petition before a five-judge bench comprising the CJI and the next four most senior judges. &lt;br /&gt;
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As veiled allegations were made against the CJI, with the petitioner's counsel mentioning the arrest of a former Orissa HC judge by the CBI for allegedly taking a bribe to fix a case relating to a medical college, the petition drew massive attention. The other bench headed by Justice Sikri ordered the matter to be placed before the CJI for hearing before an appropriate bench. &lt;br /&gt;
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With Justice Chelameswar virtually taking over the function of the CJI in assigning the petition to a Constitution bench, the CJI hurriedly convened a seven-judge bench, which, within minutes, got reduced to a five-judge bench, and a decision came swiftly that no judge other than the CJI can assign a petition to a particular bench as the CJI is the master of the roster. It annulled Justice Chelameswar's order and assigned the petition by Jaiswal to a bench of Justices R K Agrawal, Arun Mishra and A M Khanwilkar, who are no. 8, 10 and 17, respectively, in the hierarchy. &lt;br /&gt;
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Privately, the senior judges shared their anguish over the CJI not reposing trust in any of them with important cases. Later, the non-assigning of important cases to them, culminating with the petition on Loya's death, triggered the public outburst.&lt;br /&gt;
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==Trigger: Denial of senior bench for PIL on Judge Loya’s death==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar00312&amp;amp;sk=E2D6984D&amp;amp;mode=text  Dhananjay Mahapatra, Final trigger: Rejection of demand for senior bench to hear PIL on judge death, January 13, 2018: ''The Times of India'']&lt;br /&gt;
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New Delhi: The final trigger for the stunning press conference by the four seniormost judges of the Supreme Court came at 10.15am on Friday — just 15 minutes before commencement of proceedings — when&lt;br /&gt;
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Chief Justice Dipak Misra bluntly turned down their last-minute request to shift a politically sensitive case from a particular apex court bench.&lt;br /&gt;
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The CJI made it clear that he would not break tradition, backed by a recent five-judge bench decision giving him sole discretion to assign cases to benches of his choice.&lt;br /&gt;
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On Thursday, a CJI-led bench had admitted a public interest litigation (PIL) seeking a probe into the death of B H Loya, who as special CBI judge was hearing the case of gangster Sohrabuddin Sheikh’s “fake” encounter.&lt;br /&gt;
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The four judges — all members of the crucial collegium by virtue of being No. 2 to No. 5 in seniority — thought that a matter of importance to the integrity of the judiciary and to the nation should be assigned to a bench headed by a judge who was more senior than Justice Arun Mishra, who is 10th in the pecking order of the 25 Supreme Court judges.&lt;br /&gt;
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With the CJI refusing to heed the demand, the rebellious quartet hurriedly called the media at noon after quickly completing the day’s work.&lt;br /&gt;
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Loya died in Nagpur on December 1, 2014. The CBI court subsequently acquitted BJP president Amit Shah, who was among the accused, along with a few others.&lt;br /&gt;
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Supreme Court sources said Misra’s decision was backed by the November 2017 verdict saying the CJI was “master of the roster” and was free to assign cases to any bench and determine the number and composition of judges on a bench.&lt;br /&gt;
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Disappointed by the rejection of their request, the four judges told CJI Misra that they would act as they deemed fit. All four, heading separate benches from court numbers 2 to 5, finished their day’s work within one-and-ahalf hours and rushed to Justice Chelameswar’s house for a press conference which started at 12.20 pm.&lt;br /&gt;
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The CJI’s office said the chief justice has made it clear that he would not break with tradition giving him sole discretion to assign cases to benches of his choice.&lt;br /&gt;
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'''CJI’s office uses rebels’ quote, asks if all are equal, what is the fight'''&lt;br /&gt;
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Cases have been assigned by ex-CJIs — Justices H L Dattu, T S Thakur, J S Khehar — as per their discretion and the present CJI is not doing anything that is contrary to the tradition backed by the constitution bench ruling, sources in the CJI’s office said.&lt;br /&gt;
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This assertion by the CJI’s office found reflection in the letter written by the four seniormost judges to the CJI two months ago. It had said: “There have been instances where cases having far-reaching consequences for the nation and the institution had been assigned by the Chief Justices of this Court selectively to the benches ‘of their preference’ without any rationale basis for such assignment. This must be guarded against at all costs”.&lt;br /&gt;
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The letter also said: “The convention of recognising the privilege of the CJI to form roster and assign cases to different members/benches of the SC is a convention devised for disciplined and efficient transaction of business of the court but not a recognition of any superior authority, legal or factual of the CJI over his colleagues. It is too well settled in the jurisprudence of this country that the CJI is only the first among equals — nothing more or nothing less.”&lt;br /&gt;
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The CJI’s office used this quote and said if these most senior judges were equal to the so-called junior judges in the court, then “what is the grievance against a case getting listed before judge X or judge Y?”&lt;br /&gt;
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==‘Super sensitive’ cases that went to junior SC judges: 1997-2017==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F15&amp;amp;entity=Ar00302&amp;amp;sk=9A55AF0D&amp;amp;mode=text  Dhananjay Mahapatra, January 15, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: 1997-2017-  15 ‘super sensitive’ cases that went to junior SC judges.jpg|1997-2017-  15 ‘super sensitive’ cases that went to junior SC judges &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F15&amp;amp;entity=Ar00302&amp;amp;sk=9A55AF0D&amp;amp;mode=text  Dhananjay Mahapatra, January 15, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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'''See graphic''':&lt;br /&gt;
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''1997-2017-  15 ‘super sensitive’ cases that went to junior SC judges''&lt;br /&gt;
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[''15 ‘super sensitive’ cases in past 20 years went to junior SC judges'''&lt;br /&gt;
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The dramatic press conference by the four seniormost Supreme Court judges to allege that sensitive and important cases were being assigned to “select benches” headed by junior SC judges in the last few months — a charge intended to target Chief Justice Dipak Misra — appears contrary to the way in which such cases have been allotted in the past 20 years.&lt;br /&gt;
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TOI tracked the most ‘sensitive cases of national importance’ in the last two decades. Of them, at least 15 — including those relating to the Bofors scam, Rajiv Gandhi’s assassination, L K Advani’s trial in the Babri Masjid demolition case, the Sohrabuddin Sheikh fake encounter, Best Bakery and the case that changed how BCCI is run — all have one thing in common. They were assigned by the then CJIs not to any of the four seniormost judges of the SC but to ‘select benches’ headed by junior judges.&lt;br /&gt;
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There is little evidence to suggest that seniority of judges is a criterion for allocation of cases, as was suggested by the quartet of Justices J Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph in their letter to the CJI. The manner in which successive CJIs have assigned cases points to a more random selection of benches.&lt;br /&gt;
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Though the dissenting judges did not mention particular cases, apart from confirming that the case of Judge B H Loya was one, the view that “less senior” benches are not as competent does not seem to have been shared by past CJIs.&lt;br /&gt;
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'''Rajiv murder case was assigned to three junior Supreme Court judges'''&lt;br /&gt;
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Some legal experts have argued that the argument raised by the senior SC judges casts a shadow over the independence of other benches and this requires some supportive evidence. Other opinion has held that there is merit in the charges of ‘bench fixing’ levelled by the senior judges and requires a response by the CJI who has held that the roster is his domain as has been the case in the past. Those who disagree with the rebel judges point out that the suggestion that an effort to discreetly &amp;quot;help&amp;quot; the government in cases that might embarrass it needs to be backed up or could be seen as a means to pressure benches hearing various cases.&lt;br /&gt;
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The first of the important cases tracked by TOI relates to appeals filed in 1998 by Nalini and others challenging their conviction and death sentence in the Rajiv Gandhi assassination case. At that point of time, it was the most high profile case in the country. But the then CJI assigned it to three junior judges — K T Thomas, D P Wadhawa and S S M Qadri who sat in courts much farther than those headed by the fifth seniormost SC judge. No questions were raised over selection.&lt;br /&gt;
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In 1999, the CBI filed a new chargesheet in the Bofors case, making stunning allegations. NRI industrialist brothers Srichand and Gopichand Hinduja were made accused. The trial court refused bail. When they came to the SC seeking bail, the then CJI assigned it to court number 8, headed by junior judge M B Shah. They got bail by putting Rs 15 crore bonds. This was not regarded as 'bench fixing' by the then CJI.&lt;br /&gt;
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Advocate Lily Thomas filed a writ petition in 2005 seeking disqualification of MPs and MLAs upon their conviction and sentence for two or more years. Elected representatives were used to holding on to their memberships in Parliament and assemblies by filing an appeal. This game changing petition was assigned by the then CJI to court number 9, which was headed by Justice A K Patnaik, then a junior judge.&lt;br /&gt;
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The Best Bakery case came to SC in 2004 through a writ petition filed by Zahira Habibullah Sheikh. The Gujarat riots case, which earned the then Gujarat government the tag of 'modern day Nero', was handled by then junior judge Justice Arijit Pasayat sitting in court number 11.&lt;br /&gt;
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Rubabuddin Sheikh, brother of Sohrabuddin who was killed in a fake encounter, filed a writ petition in 2007. The case, which turned out to be politically crucial for Amit Shah and Gujarat police, was assigned to a bench sitting in court number 11 headed by Justice Tarun Chatterjee, one of the junior most SC judges at that time. Orders from the court created trouble for BJP and its leadership in Gujarat and did not attract any comment from activist lawyers about possible 'bench fixing'.&lt;br /&gt;
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In 2009, renowned advocate Ram Jethmalani launched a crusade against black money by filing a petition in the SC. The case, which became an election issue in 2014, was handled by court number 9 and by a bench of then 'junior judges' Justices B Sudershan Reddy and S S Nijjar. A year later in 2010, an NGO led by advocate Prashant Bhushan brought the case relating to alleged irregular allotment of 2G spectrum and the then CJI assigned it to court number 11 of Justices G S Singhvi and A K Ganguly. No one can fault the way they handled the case despite being juniors.&lt;br /&gt;
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The same year, the Delhi HC gave a landmark judgment decriminalising consensual sexual relationship in private between adults of LGBTQ community. The appeal by one Suresh Kumar Kaushal in the SC was assigned by to court number 11where a bench headed by Justice G S Singhvi heard it for the first time.&lt;br /&gt;
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In 2011, the CBI filed an appeal, after much dithering, questioning the Allahabad HC decision to drop conspiracy charge against L K Advani and a host of BJP stalwarts in the Babri masji demolition case. In March 4, 2011, the case was heard in court 8 by a bench of Justices V S Sirpurkar and T S Thakur. The bench changed to Justices H L Dattu and Chandramauli Prasad in court 11, then to court number 9 of Justices M Y Eqbal and Arun Mishra in 2016. It passed on to court number 6 of Justices P C Ghose and R F Nariman which gave judgment on April 19 last year reviving the conspiracy charge.&lt;br /&gt;
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In 2012, four explosive PILs were filed — irregular allotment of coal blocks that came close to singe then PM Manmohan Singh, validity of Aadhaar, validity of 66A of Information Technology Act and an alleged sexual assault case against Rahul Gandhi. The coal scam petition by advocate M L Sharma was assigned to a bench headed by Justice R M Lodha sitting in court number 7.&lt;br /&gt;
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The petition challenging the validity of Aadhaar was the only exception to the general rule as it was assigned to court number 5, headed by Justice B S Chauhan. Still the judges with seniority at two, three and four could harbour a grievance why it was not assigned to them by the CJI.&lt;br /&gt;
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An appeal filed by one Kishore Samrite presented a judgment passed by Allahabad HC, which had dismissed Samrite's petition with a cost of Rs 50 lakh, of which Rs 20 lakh was to be given to Rahul Gandhi. The then CJI assigned this to a bench of Justices V S Sirpurkar and T S Thakur in court number 8 and then changed the bench to Justices B S Chauhan and Swatanter Kumar, which dismissed it with a cost of Rs 5 lakh on Samrite.&lt;br /&gt;
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==Seniority is a sacred principle for judges==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01400&amp;amp;sk=6135F966&amp;amp;mode=text  Dhananjay Mahapatra, January 13, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: The numbering and organisation of the Supreme Court of India’s (upto) twelve counts, and the allotment of work to them.jpg|The numbering and organisation of the Supreme Court of India’s (upto) twelve counts, and the allotment of work to them &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01400&amp;amp;sk=6135F966&amp;amp;mode=text  Dhananjay Mahapatra, January 13, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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New Delhi: Seniority is a sensitive issue for high court judges — being the determinant of their career prospects, be it possible appointment as chief justice of an HC, elevation to the Supreme Court and, for the lucky ones, appointment as Chief Justice of India.&lt;br /&gt;
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Though there have been many instances in the past when HC judges were elevated directly to the SC as judges without becoming chief justices of HCs, the principle of seniority continues to be treated with utmost reverence.&lt;br /&gt;
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A judge in the SC gets seniority from the time he takes oath. If more than one take oath on the same day, the one who is sworn in first becomes the senior among them.&lt;br /&gt;
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In case of Justice Jasti Chelameswar, one of the prime movers in the revolt against CJI Dipak Misra on Friday, it was non-adherence to seniority in elevation to the SC as a judge that robbed him of the chance of becoming the CJI.&lt;br /&gt;
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Justice Chelameswar was appointed as an HC judge on June 23, 1997, which was after the appointment of CJI Misra and his immediate predecessor Justice J S Khehar. Justice Misra was appointed as an HC judge on January 17, 1996 while Justice Khehar was appointed on February 8, 1999. But Justice Chelameswar became chief justice of Gauhati HC on May 3, 2007, much before Justice Khehar (November 29, 2009) and Justice Misra (December 23, 2009).&lt;br /&gt;
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However, Justice Chelameswar’s seniority advantage of more than two years over Justices Khehar and Misra was nullified by the then collegium, which appointed Justice Khehar as an SC judge on September 13, 2011, nearly a month before Justices Misra and Chelameswar took oath on October 10, 2011.&lt;br /&gt;
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Fate again played played a trick with Justice Chelameswar as he took oath after Justice Misra, the latter, thus, becoming senior to him.&lt;br /&gt;
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If seniority had taken its course, Justice Chelameswar would have taken over CJI on January 4, 2017 after the retirement of then CJI T S Thakur; ie, before even Justice Khehar, who was succeeded by Justice Misra on August 28, 2017.&lt;br /&gt;
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With the collegium, along with destiny, deciding otherwise, Justice Chelameswar has never refrained from articulating his gripe about the games played in the collegium as it selects people as judges of the SC and HCs. He had put this angst on record in his dissenting judgment as part of the five-judge bench, which by majority had quashed the NJAC which was meant to end collegium’s monopoly in the appointment of judges of HCs and SC .&lt;br /&gt;
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Quoting former SC judge Ruma Pal Justice Chelameswar had said that the collegium acted like a coterie, and that there was a barter system among member judges.&lt;br /&gt;
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Seniority carries other benefits too, especially the privilege of appointing judges of the SC and HCs. The first three SC judges, including the CJI, get to select persons for appointment as judges of HCs. The privilege of appointing chief justices belongs to the five seniormost judges who comprise the collegium. The CJIheaded body also selects persons from among advocates, HC judges and HC CJs for appointment as SC judges. This earns the top five enormous respect among advocates and HC judges.&lt;br /&gt;
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=Judges’, including CJI’s, inter se seniority, authority=&lt;br /&gt;
==2018: ‘No Senior/ Junior Judges; CJI ‘ first among equals’, s/he alone can assign cases==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F04%2F12&amp;amp;entity=Ar00300&amp;amp;sk=59D30F83&amp;amp;mode=text  Dhananjay Mahapatra, SC: CJI ‘ first among equals’, alone entitled to assign cases, April 12, 2018: ''The Times of India'']&lt;br /&gt;
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''No Senior Or Junior Judges, Top Court Says''&lt;br /&gt;
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The Supreme Court ruled that there was no concept of “senior” or “junior” SC judges as all were equally competent to decide any case allotted to them by the Chief Justice of India, who alone had the power to constitute benches and assign cases.&lt;br /&gt;
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Dismissing a PIL filed by advocate Ashok Pande demanding that the CJI-headed three-judge bench must have the two other most senior judges on it, a bench of CJI Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said it was unimpeachably ruled earlier by a fivejudge bench that the CJI was the master of the roster and had the sole discretion of deciding the composition of benches and assigning cases.&lt;br /&gt;
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At an unprecedented press conference on January 12, four senior judges led by Justice J Chelameswar had specifically complained against the allocation of a petition relating to judicial officer B H Loya’s death to a bench headed by a “junior” judge while questioning the CJI’s alleged arbitrary allocation of important cases to benches headed by “select junior” judges.&lt;br /&gt;
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Writing the unanimous judgment that appeared to be a point-by-point rebuttal to the judges’ grievances aired in the press conference and Justice Chelameswar’s subsequent interaction with the media, Justice Chandrachud said the Chief Justice of India was the first among equals (judges) and had “exclusive prerogative in the allocation of cases and the constitution of benches”. He added, “As a repository of constitutional trust, the CJI is an institution in himself.”&lt;br /&gt;
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'''Chief justices of HCs to decide allocation of cases: SC'''&lt;br /&gt;
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Justice Chandrachud said: “The authority which is conferred upon the CJI, it must be remembered, is vested in a high constitutional functionary. The authority is entrusted to the CJI because such an entrustment of functions is necessary for the efficient transaction of the administrative and judicial work of the SC.”&lt;br /&gt;
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“The entrustment of functions to the CJI as the head of the institution is with the purpose of securing the position of the SC as an independent safeguard for the preservation of personal liberty. There cannot be a presumption of mistrust. The oath of office demands nothing less.”&lt;br /&gt;
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Slamming the petitioner’s attempt to classify Supreme Court judges as “senior” and “junior” according to the date of their taking oath in the apex court, Justice Chandrachud said, “Every judge appointed to the SC is invested with equal duty of adjudicating cases which come to the court and are assigned by the CJI. Seniority in terms of appointment has no bearing on which cases a judge should hear.&lt;br /&gt;
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“To suggest that any judge would be more capable of deciding particular cases or that certain categories of cases should be assigned only to the senior-most among SC judges has no foundation in principle or precedent. To hold otherwise would be to cast reflection on the competence and ability of other judges to deal with all cases assigned by the CJI, notwithstanding the fact that they have fulfilled the qualification mandated by the Constitution for appointment to the office.”&lt;br /&gt;
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Another PIL by senior advocate and former law minister Shanti Bhushan, filed through his advocate-son Prashant Bhushan, which sought assigning of cases to the collegium comprising the CJI and the four most senior judges, is pending with the SC. The three-judge bench said, “The Supreme Court has been authorised under Article 145 to frame Rules of Procedure...the petitioner is not entitled to seek a direction that benches of this court should be constituted in a particular manner.”&lt;br /&gt;
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Touching on the functioning of high courts headed by chief justices, the SC said, “In deciding upon the allocation of work and the constitution of benches, the chief justices of HCs have to determine the number of benches which need to be assigned a particular subject matter keeping in view the inflow of work and arrears. The CJs are guided by the need to ensure orderly functioning of the court and the expeditious disposal of cases.”&lt;br /&gt;
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=’Judicial legislation’=&lt;br /&gt;
==Transgressing separation of power between legislature, executive and judiciary?==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=LEGALLY-SPEAKING-Nota-to-quota-SC-had-a-27032017012032  Dhananjay Mahapatra, Nota to quota: SC had a field day in judicial overreach, Mar 27, 2017: The Times of India]&lt;br /&gt;
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In March 2017, members of Parliament cutting across party lines were agitated by the Su preme Court allegedly transgressing the cardinal separation of power between the legislature, the executive and the judiciary . The MPs accused the SC of “overstepping“ its jurisdiction to get into the law-making domain through its judgments.&lt;br /&gt;
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They appear to be still riled by the October 2015 judgment of the SC striking down a unanimously passed legislation creating National Judicial Appointments Commission (NJAC) to replace the `opaque' collegium system for selection of judges. What added fuel to the anger was the SC's decision to entertain a PIL questioning life-long pension and freebies to MPs and MLAs.&lt;br /&gt;
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Law minister Ravi Shankar Prasad attempted to assuage the ruffled feathers by declaring, “Parliament to enact, executive to formulate and judiciary to interpret. In this light, if separation of power principle is binding on all, I am sorry to say that it is equally binding on the judiciary .“&lt;br /&gt;
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Why did the SC transgress the boundary of separation of power and attempt to perform tasks entrusted to the legislature and the executive? Since 1950, the SC has been the sentinel of fundamental rights of citizens, who were many a time ignored by both legislators and the executive. In protecting these precious rights, the SC had to walk the extra mile.&lt;br /&gt;
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'''Remember Vishaka case?'''&lt;br /&gt;
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Though the Constitution had guaranteed equal opportunity to men and women, women had been facing sexual harassment at work place for decades, enduring the depraved acts of male superiors in offices. Lawmakers knew this. But they failed to take steps to legislate and protect women from depraved male colleagues.&lt;br /&gt;
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The SC preferred not to remain silent. It virtually legislated by providing a mechanism for working women to complain against colleagues and bosses if they passed sexist remarks or indulged in sexual harassment. None of the MPs termed this judgment as judicial overreach.&lt;br /&gt;
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And the Shah Bano case? For decades, divorced Muslim women lived a life in penury as there was no provision in Muslim personal law to fasten liability on husbands to provide for maintenance to wives after talaq. The SC craftily used Section 125 of Criminal Procedure Code to step around the vacuum in Muslim personal law and granted alimony to divorced Muslim women. No one protested against this judgment as judicial overreach. In fact, it was hailed as a secular judgment. In a federal structure like ours governed by the principle of separation of powers, it is difficult for the judiciary , tasked to protect the fundamental rights of poor voiceless citizens, to close the doors of relief saying the boundary of separation of power is too high to scale.&lt;br /&gt;
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Take for example the Indra Sawhney case. The SC was hailed as the institution that quelled wild protests by students by ruling in favour of the legislation granting reservation to OBCs, which was over and above the existing quota for SCs and STs. However, it also legislated by capping total quota at 50% of government jobs. The legislators did not mind, as the SC ruling had doused the protests.&lt;br /&gt;
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The SC transgressed the principle of separation of power again in S R Bommai case by severely curtailing the Union government's power under the dreaded Article 356, under which the Centre, till the 1990s, used to topple elected governments in states at will by imposing President's rule. The restrictions on use of Article 356 were termed as an interpretation of the Constitution, even though for an independent analyst it could qualify as legislative exercise by the SC.&lt;br /&gt;
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On the election front too, the SC has legislated many times. In the Association of Democratic Reforms case, it put in a new law making it mandatory for candidates to declare their educational, wealth and criminal details to enable voters to make an informed choice while pushing the EVM button.&lt;br /&gt;
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It also brought in the concept of NOTA, which gave the voter the option of declaring that none of the contesting candidates was worthy of his vote. In addition, the SC also legislated by declaring that an elected representative, who has been convicted and sentenced in such a manner to earn disqualification, cannot continue as a member of the House concerned by merely filing an appeal against the conviction and sentence in a higher court.&lt;br /&gt;
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No one protested against it as public sentiment, given the abuse of position by some elected representatives, was in favour of the judgment.Parliamentarians have a right to criticise the SC, for it is manned by human beings who are not infallible. But they should always keep in mind what the SC said in S P Gupta case [1982 (2) SCR 365], “...While the administration of justice draws its legal sanction from the Constitution, its credibility rests in the faith of the people. Indispensable to that faith is the independence of the judiciary . An independent and impartial judiciary supplies the reason for the judicial institution, it also gives character and content to the constitutional milieu.“&lt;br /&gt;
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Rational criticism, and not motivated angst, always strengthens an institution. And we all know and believe that wise parliamentarians would always mean well to criticise the SC in such a manner so as to strengthen its independence to enable it to dispense justice without fear and favour.&lt;br /&gt;
==Judicial overreach and co-governing India==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Q-A-Court-appears-to-be-engaging-in-08052017014033 May 08 2017 : The Times of India (Delhi)  Court appears to be engaging in unrestrained judicial overreach| Justice AP Shah talking to Sanjiv Shankaran | The Times of India]&lt;br /&gt;
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Q &amp;amp; A - `Court appears to be engaging in unrestrained judicial overreach ... uncertainty around policy because of SC interventions'&lt;br /&gt;
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'' Some recent Supreme Court judgments, which have had a significant impact on policy issues, have triggered a debate on its powers. '' ''' AP Shah, former chief justice of Delhi high court ''' '' and former law commission chairman, spoke to ''' Sanjiv Shankaran ''' on the issue and the apex court's fundamental role: '' &lt;br /&gt;
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''' Is SC's role in co-governing India consistent with Constitution's spirit? ''' &lt;br /&gt;
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In the 1980s, after the Emergency, judiciary transformed itself into an institution that was enjoined to promote the ideals of socio-economic and political justice.&lt;br /&gt;
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Judiciary developed public interest litigation, or PILs, as a jurisdiction to transform constitutional promises into reality , and open the doors to those groups of people who were not free to approach the courts due to socio-economic factors. The idea was to make human rights meaningful for weaker sections of society. Then it gradually recognised rights of undertrials, juveniles, right to privacy, right to speedy trials and so on. It also covered areas like environment. This is how the idea of PILs began and started expanding. Article 21 was expanded as well, recognising right to education, work, shelter and so on. It was undeniably a glorious chapter in history of Indian judiciary .&lt;br /&gt;
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Lately , however, the court has taken on a role of co-governance. Indeed, I fear that it has become the norm almost. The court, through its decisions, is virtually overriding the constitutional concept of separation of powers. There are judicial diktats on every other subject, many of which are rank populist decisions, for example, the decision in the BCCI matter, where the court is practically running the cricket board on a day to day basis. Besides this, the court also entertains completely frivolous matters like the national anthem case, or the one on Sikh jokes.&lt;br /&gt;
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In sum, the court appears to be engaging in unrestrained judicial overreach, mostly by recourse to Article 142, and issuing judicial diktats.&lt;br /&gt;
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Populist approach would destroy the idea of PIL as envisaged originally decades ago. SC is trying to govern the country, and trying to correct every ill that exists.But this is neither within the powers of the court, nor does it have the capacity to do so. The priority must be protection of human rights and fundamental rights.&lt;br /&gt;
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''' Does the recent record suggest that evidentiary basis for judgments is satisfactory , particularly if the outcome has a significant fallout? ''' &lt;br /&gt;
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The alcohol ban is a case in point where the court's decision has had catastrophic financial consequences. In effect, the court drastically altered the central government's policy without realising the implications. I believe this is in the range of anything between Rs 50,000-75,000 crore, and has led to the loss of a million jobs.&lt;br /&gt;
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SC has missed the target on this one.&lt;br /&gt;
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There should have been decisive steps taken against drunken driving. The decision may be well intentioned, but it has effectively gone against the thriving hospitality industry.&lt;br /&gt;
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As a result, there is also a lot of uncertainty around policy , because of the interventions of SC. Such decisions have serious financial repercussions, which, I fear, the court is not equipped to understand.&lt;br /&gt;
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''' Taking a look at Aadhaar case, is SC's scheduling of hearings contributing in a round about way to a roll-out of policy? ''' &lt;br /&gt;
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There are very serious issues involved in the petition before SC, including whether the Aadhaar Act could have been passed as a money bill.&lt;br /&gt;
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It is useful to recap what happened.The case came before a three-judge bench in August 2015. The court granted interim relief restricting the use of Aadhaar to two schemes on a voluntary basis. When it went to a five-judge bench in October 2015, the two schemes were expanded to six schemes. On both occasions, the court said it was an important issue and should be heard expeditiously.&lt;br /&gt;
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In spite of that observation, the matter is not being given priority. In the meantime, the central government started issuing notification upon notification making Aadhaar mandatory for various purposes, in disregard of the interim order. Surprisingly, the Chief Justice of India has made an observation that the non-mandatory nature of Aadhaar extends only to social welfare and benefit schemes, and that it did not apply to other things like verification of income tax returns or registration of mobile numbers. This is completely at odds with the interim order passed by the constitution bench.&lt;br /&gt;
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Somewhere, priorities are getting lost, and the court is wasting its time in trying to address policy issues, which are clearly not in its domain. This becomes all the more critical when we realise that pendency in SC has crossed 60,000 cases.&lt;br /&gt;
== CBI probes: House panel slams SC, HCs for monitoring them==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=House-panel-slams-SC-HCs-for-monitoring-CBI-09122015013031 ''The Times of India''], Dec 09 2015&lt;br /&gt;
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Neeraj Chauhan&lt;br /&gt;
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'''House panel slams SC, HCs for monitoring CBI probes'''&lt;br /&gt;
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''Courts Are Overstepping Their Brief''&lt;br /&gt;
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In a significant remark on the judiciary's intervention in CBI investigations, a parliamentary committee has stated that the Supreme Court and high courts have started performing the functions of the lowest rung of criminal justice system, taking over the role of a magistrate.&lt;br /&gt;
Asserting that superior courts are working beyond their powers, the parliamentary standing committee on personnel, public grievances, law and justice said, “The superior courts which are courts of appeal under Sec tion 374 of the Code of Criminal Procedure (1973) are even directing CBI in a number of cases to report day-to-day progress in a sealed cover bypassing sections 172 and 173 of the CrPC and performing functions envisaged under the criminal justice system of the country for the lowest rung of criminal courts and also appreciating the evidence which under section 173 of CrPC is required to be done by the magistrate.“&lt;br /&gt;
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The panel's observations come at a time when most of the big-ticket CBI cases, including 2G spectrum allocation scam, coal block allocation scam, Vyapam scam, Virbhadra Singh corruption probe and ponzi schemes like Saradha, are being either monitored or regularly heard by the Supreme Court and several high courts. In fact, in the 2G and coal scams, the Supreme Court restricted all other courts to entertain any application against orders passed by the trial court.&lt;br /&gt;
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The committee said, “...various high courts and Supreme Court are frequently issuing directions to the CBI to handle cases relating to Prevention of Corruption Act, 1988, as also of `public order'. As a result, the jurisdiction and powers of the CBI have widened and deepened and have far exceeded than what was contemplated under the Delhi Special Police Act, 1946.“&lt;br /&gt;
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The committee, headed by E M Sudarsana Natchiappan, points to “judicial activism of higher judiciary by taking pains of overseeing an investigation and passing interim directions to the CBI and even preempting the rights and remedies available to affected persons under criminal justice system. It may , therefore, appear to affected persons as a pre-emptive and colourable exercise of power by the superior courts“.&lt;br /&gt;
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=Key rulings, year-wise=&lt;br /&gt;
==2015==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=NJAC-poll-eligibility-Jat-quota-key-2015-rulings-01012016012012 ''The Times of India''] Jan 01 2016&lt;br /&gt;
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Amit Anand Choudhary&lt;br /&gt;
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''' Women's Rights Too Hogged Limelight In SC '''&lt;br /&gt;
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In the year gone by , the Supreme Court constitutionally spurned the historic offer from Parliament to throw light on one of its darkest alleys -the road to appoint judges. Parliament enacted National Judicial Appointments Commission (NJAC) to bring in transparency in the process of appointment of judges in the apex court and high courts. But, the SC strangely put its vote on the opaque collegium system of judges selecting judges.&lt;br /&gt;
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The overwhelming public support for NJAC -the unanimous decision of Parliament and its ratification by 20 states -could not persuade the SC, which said independence of judiciary could be in danger if the Executive, the largest litigant, participated in selection of judges. But, the court was quite alive to the concerns of the public when it came to deciding the validity of Section 66A of Information Technology Act.&lt;br /&gt;
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It had no reservation in scrapping the law saying it impeded the citizens' right to freedom of speech and expression.&lt;br /&gt;
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The SC also saw through the politics behind the UPA 's decision ahead of the 2014 general elections to grant OBC status to Jats, seen as a prosperous community . The NDA too attempted to woo the Jats by defending the UPA decision. But, the SC minced no words and called the decision to give quota to Jats in jobs and admissions to educational institutions a `negative and retrograde' step.&lt;br /&gt;
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Irrespective of the political party in power, there has always been a tendency to project their top leaders in government advertisements with taxpayers' money . The SC put an end to it by ruling that no politician's face, except that of President and the Prime Minister, can be put in government advertisements.The chief ministers were the worst hit by this decision and many states have approached the SC to permit the photos of CMs to be displayed in government advertisements.&lt;br /&gt;
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One may not need any educational qualification to become an MP or MLA. But in a significant decision, the SC upheld the Haryana government's law laying down educational criteria for panchayat polls.&lt;br /&gt;
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The SC virtually brought down the curtains on the long political career of former Haryana CM Om Prakash Chautala by upholding his conviction and 10-year jail term in teachers' recruitment scam case. N Srinivasan, who was at the helm of BCCI was bowled out by the SC which condemned him for failing to maintain purity of the `gentleman's game' by blinking at the maladies like betting and spot-fixing.&lt;br /&gt;
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The court saw a midnight drama just before the scheduled hanging of Yakub Abdul Razak Memon, the lone condemned prisoner in 1993 serial blasts case of Mumbai. Despite repeatedly rejecting his plea for life sentence, the SC did not hesitate to hear his advocates again when they knocked at its doors in a last gasp attempt.&lt;br /&gt;
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The court passed a series of orders in 2015 to reinforce the rights of women who are despised by society for living an unconventional life.In a path-breaking verdict, it ruled that an unwed mother must be recognised as a legal guardian of her child and she cannot be forced to reveal the name of the father or seek his consent to get guardianship of the child.&lt;br /&gt;
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It also held that an unmarried couple, living together as husband and wife, would be presumed to be legally married and the woman would be eligible to inherit the property after the death of her partner. It also held that a woman was entitled to maintenance from her live-in partner.&lt;br /&gt;
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The court also expressed concern over women being used as surrogate mothers by foreigners and directed the government to ban commercial surrogacy . This prompted the Centre to roll back its 2013 decision allowing import of human embryos for artificial reproduction.&lt;br /&gt;
==2016: Important judgements==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=From-homebuyers-to-beard-growers-cricket-czars-to-30122016017022  AmitAnand Choudhary: SC rulings in some important judgements, Dec 30, 2016: The Times of India]&lt;br /&gt;
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Cloaked constitutionally to do complete justice, the Supreme Court in 2016 played referee in a variety of matches relating to legality of decisions in areas as diverse as politics, cricket, finance and religious practice.&lt;br /&gt;
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In the political arena, it red carded the Arunachal Pradesh governor for dismissing a Congress government led by Nabam Tuki and ordered its resurrection.&lt;br /&gt;
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But Congress failed to reap benefits of this landmark decision. Tuki could not reclaim the chief minister's chair. It went to Pema Khandu. Later, Congress legislators under Khandu stormed out of the grand old party to from a new outfit.&lt;br /&gt;
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Dealing a double blow to the NDA government, the SC also quashed the Centre's decision to dismiss the Congress government in Uttarakhand and impose central rule. The SC restored the Congress government led by Harish Rawat, who had better luck than Tuki.&lt;br /&gt;
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In cricket, the apex court continued its role as a tough umpire and imposed stringent field restrictions for the management to force them to implement its July 18 verdict to bring transparency and accountability in cricket administration.&lt;br /&gt;
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The Decision Review System (DRS) did not help.The SC dismissed the BCCI's two petitions seeking review of the reforms judgment, sending a clear signal to the board to fall in line.&lt;br /&gt;
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New Year could herald more problems as the SC will decide whether to appoint an administrator for BCCI in the first week of January .Not only this, the SC's decision in the contempt of court petition against BCCI president Anurag Thakur will also set a new milestone.&lt;br /&gt;
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The reforms judgment was based on a report by a committee headed by former CJI R M Lodha and com prising former SC judges Ashok Bhan and R V Raveendran. The court accepted each and every suggestion of the committee for infusing transparency and objectivity in the administration and finances of the board.&lt;br /&gt;
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In the financial sphere, Prime Minister Narendra Modi's big-ticket decision to rid the country of black money through demonetisation came under the SC scanner through scores of PILs. The court attempted to regulate government action to provide succour to common people facing harassment because of currency crunch.&lt;br /&gt;
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Though the SC took note of the hardship faced by common people because of demonetisation, it referred to a five-judge bench to determine the constitutional validity and procedural reasonableness of the policy decision.&lt;br /&gt;
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Public interest figured high on the SC's list of business in 2016, when it passed a slew of directions to reduce pollution. Its interference also forced the Haji Ali dargah management to allow women to enter its inner sanctum, which had remained closed for them since 2012. The court is also dealing with petitions to open the doors of Sabarimala temple in Kerala to women irrespective of their age. At present, women in the menstruating age are barred from entering the temple because of the deity's celibacy.&lt;br /&gt;
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But 2016 will go down in history as one of those years when the relationship between the judiciary and the executive touched the nadir.CJI TS Thakur slammed the government for sitting over recommendations for appointment of judges to high courts, which fought a monstrous pendency of cases with their backs to the wall as 43% of judges' posts remain vacant.&lt;br /&gt;
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The government hit back saying the CJI-headed collegium had not been finalising the memorandum of procedure for appointment of judges, which was ordered to be re-framed by a fivejudge SC bench.&lt;br /&gt;
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Without the new MoP, it would be improper to continue appointment of judges as per the `opaque' system followed by the collegium, the government said and reminded the CJI about the `laxman rekha'. Despite the CJI's criticism, the law minister claimed that the Centre had appointed a record 126 judges to HCs in 2016.&lt;br /&gt;
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After putting cricket czars in a fix with the bitter dose of reforms, ex-CJI R M Lodha was called upon by the SC to suggest reforms in administration of medical education in the country by scrutinising alleged mismanagement in Medical Council of India. The SC also asked Justice Lodha to supervise the sale of assets of Pearl group and refund Rs 49,000 crore to public who had invested in the firm's illegal collective investment scheme (CIS).&lt;br /&gt;
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It held that people from the Muslim community could not be allowed to grow beard after joining IAF, saying that discipline, uniformity and cohesiveness in armed forces was too important to be sacrificed for religious belief of its personnel who want to follow the practice which was against rules of a defence force.&lt;br /&gt;
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The year also kept the SC busy in exploring ways to tackle the pollution crisis in the national capital. It passed a slew of directions including restricting entry of trucks into Delhi and imposing 1% environment cess on diesel SUVs and high-end private cars with engine capacity of 2000cc and above.&lt;br /&gt;
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The court came to the rescue of several home buyers, harassed by real estate developers not handing over possession of flats on time.The court made it clear to developers that they would have to deliver as per their promise irrespective of whether they “sink or die“.&lt;br /&gt;
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==2017==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F01&amp;amp;entity=Ar01217&amp;amp;sk=4E1495DC&amp;amp;mode=text  Dhananjay Mahapatra, SC rulings settled national debates in 2017, but it weakened internally, January 1, 2018: ''The Times of India'']&lt;br /&gt;
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Attitude, approach and rectitude of a Chief Justice of India brings in marked changes in the core character of the Supreme Court. In 2017, the SC saw three CJIs. But Justice J S Khehar, followed by Justice Dipak Misra, set the ball rolling by taking up for adjudication constitutional issues that were brushed under the carpet for years.&lt;br /&gt;
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Many constitution benches were set up to deal with pending issues — from validity of Aadhaar which halfway through gave birth to the path-breaking right to privacy as a fundamental right, to tricky issues like misbehaviour of a sitting high court judge.&lt;br /&gt;
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This made the SC appear truly a constitutional court, a role assigned by the Constitution and envisaged by the framers of the Constitution. The SC, sitting at the top of the three-tier judiciary, had for the last two decades got mired in too many PILs, giving fodder to politicians to slam the judiciary for encroaching into the executive’s domain.&lt;br /&gt;
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In the 2017 balance sheet, the SC had many positives. To overcome an eight-judge bench decision negating the fundamental nature of right to privacy more than 50 years ago, a nine-judge bench took up the important issue for scrutiny keeping in mind citizens’ vulnerability to present day gadget-encouraged intruding tendencies.&lt;br /&gt;
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“Right to privacy is an integral part of right to life and personal liberty guaranteed in Article 21 of the Constitution,” the nine-judge bench ruled unanimously while comprehensively rejecting the NDA government’s stand against privacy being conferred the status of fundamental right.&lt;br /&gt;
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The SC shed its traditional nervousness in dealing with issues having religious overtones to set up a multifaith five-judge bench to examine petitions by Muslim women challenging the legality of triple talaq, a tool used by Muslim men to divorce wives instantaneously.&lt;br /&gt;
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The bench ruled that triple talaq was arbitrary and violated right to equality guaranteed under Article 14 because it gave Muslim men unilateral right to terminate marriage without any rapprochement. It was a decisive step towards gender equality, which for centuries was strangulated in the&lt;br /&gt;
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name of religion. The SC ruled that triple talaq was not sanctioned by the Quran and hence not part of Islamic religious practices.&lt;br /&gt;
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Following the footsteps of the Bombay High Court which threw open the Shani Shingnapur temple to women, the SC helped women gain entry into the sanctum sanctorum of the famous Haji Ali dargah in Mumbai. The SC’s nudge made the Valsad Zoroastrian panchayat permit two Parsi women, forbidden from entering the Tower of Silence because they married outside the community, to enter the premises to perform the last rites of parents.&lt;br /&gt;
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A bench of top seven SC judges, including the CJI, was constituted to deal with open defiance and derogatory comments of sitting Calcutta HC judge Justice C S Karnan.&lt;br /&gt;
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Putting a premium on judicial discipline, decorum and dignity, the bench sentenced Justice Karnan to sixmonth imprisonment holding him guilty of contempt. For the first time in the SC’s 67-year history, a sitting judge was jailed. Though embarrassing, it sent a loud message to everyone, both within and outside judiciary, about non-negotiability of rule of law and judicial dignity.&lt;br /&gt;
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If decisions on right to privacy, triple talaq and Justice Karnan settled raging national debates, the SC’s upholding of a trial court decision to convict and sentence V K Sasikala in a DA case had a tectonic effect on Tamil Nadu politics. Tremors of the verdict continue to smudge the state’s political canvas.&lt;br /&gt;
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Concerned by alarming levels of pollution, the SC on Diwali-eve banned sale of crackers in Delhi and the National Capital Region. But the decision was hardly a deterrent as pollution refuses to go away.&lt;br /&gt;
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The Medical Termination of Pregnancy (MTP) Act permitted a woman to terminate a problematic pregnancy or diseased foetus only up to 20 weeks. When the SC on humanitarian considerations allowed a minor to terminate her over 20-week pregnancy, there was a deluge of similar applications.&lt;br /&gt;
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The SC turned into a window of hope for distressed women with more than 20 week pregnancies to get medical boards’ opinions for safe termination. A pertinent questioned emerged from this exercise — should Parliament amend the law to allow termination of over 20-week pregnancies in exceptional situations?&lt;br /&gt;
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One cannot end the narrative for the year in the SC without mentioning the medical admission scam that saw a retired HC judge arrested and indicated possible involvement of a sitting Allahabad HC judge. The scam threatened to singe the SC itself with spirited advocates insinuating against the incumbent CJI. Rules were thrown to the winds when advocates decided to pursue PILs on the issue before a particular bench, which obliged.&lt;br /&gt;
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The crisis made CJI Misra hurriedly constitute a fivejudge bench which ruled that the CJI was the master of the roster and no other judge could decide when and who would hear a petition. The course correction brought a diminishing trust quotient within the SC into the open.&lt;br /&gt;
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On the administrative side, the CJI instituted an inquiry into complaints against the Allahabad HC judge who had permitted a private medical college, despite complete a ban by the SC, to admit students for the 2017-18 academic year.&lt;br /&gt;
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Alarming level of vacancies in HC judges has remained stagnant at 40% of sanctioned strength. Nine HCs are without chief justices. The SC has six vacancies. 2018 has to be the year of appointments. The CJI-headed collegium must attempt to fill SC vacancies, followed by appointment of CJs to HCs.&lt;br /&gt;
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Two years have passed since a constitution bench ordered framing of memorandum of procedure for appointment of judges. Sadly, the law minister and the collegium have not been able to sort out contentious issues. It is time for wise heads, in the government and the judiciary, to resolve this lingering disagreement, which is impacting speedy justice.&lt;br /&gt;
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=Landmark shifts of stance=&lt;br /&gt;
==Case studies, seven==&lt;br /&gt;
[http://articles.timesofindia.indiatimes.com/2010-01-23/india/28127376_1_ninth-schedule-due-process-shifts The Times of India]&lt;br /&gt;
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''' Case studies: Supreme Court’s landmark shifts ''' &lt;br /&gt;
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The apex court is rightly hailed for its stellar role. But little has been written about its dramatic shifts on a range of key issues. TOI brings you the untold story &lt;br /&gt;
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''' Manoj Mitta ''' &lt;br /&gt;
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Raising a toast for the establishment of the Supreme Court as India turned into a Republic, C K Daphtary, who went on to become the first solicitor general, said in January 1950, “A republic without a pub is a relic!” &lt;br /&gt;
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Jokes apart, no appraisal of the 60 years of the Indian Republic can ignore the stellar role played by the Supreme Court in maintaining the constitutional scheme of checks and balances. Equally, no appraisal of the Supreme Court can be complete without delving into the vagaries of its rulings, for better or for worse — especially because the shifts in its position have not always been for reasons beyond its control. &lt;br /&gt;
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This somewhat awkward aspect has however received little attention, perhaps because of the reverence reserved for the higher judiciary. Here is an attempt to focus exclusively on the judicial shifts made by the Supreme Court through the 60 years of its existence on a range of key issues. &lt;br /&gt;
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'''Somersault on due process'''&lt;br /&gt;
The first major constitutional issue decided by the Supreme Court came out of the preventive detention of communist leader A K Gopalan, in whose honour the headquarters of CPM is named. The issue was whether somebody’s detention could be justified merely on the ground that it had been carried out “according to the procedure established by law,” as stipulated in Article 21 of the Constitution. Or, would that procedure be valid only if it complied with principles of natural justice such as giving a hearing to the affected person? &lt;br /&gt;
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In the A K Gopalan case of 1950, the Supreme Court, taking a narrow view of Article 21, refused to consider if the procedure established by law suffered from any deficiencies. Fortunately, three decades later, it took a 180 degree turn on this issue in the Maneka Gandhi case of 1978. The provocation was the arbitrary law that had allowed the Janata Party government to take away Maneka’s passport without any remedy. Importing the American concept of due process, the Supreme Court ruled that the procedure established by law for depriving somebody of their life or personal liberty had to be “just, fair and reasonable”. &lt;br /&gt;
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'''Reduction of Parliament’s power to amend the Constitution'''&lt;br /&gt;
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Validity of the very first constitutional amendment was challenged mainly because it had inserted the Ninth Schedule to insulate agrarian laws from being tested in courts. The issue facing the Supreme Court was to determine the extent to which Parliament could go while exercising its amending power under Article 368. This is how SC shifted its position more than once on this crucial issue. &lt;br /&gt;
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First, in the Shankari Prasad case of 1951, it ruled that since no limits had been spelt out in Article 368, the power to amend the Constitution included abridgement of even fundamental rights. &lt;br /&gt;
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Next, in the Golaknath case of 1967, it betrayed second thoughts on trusting Parliament with such unfettered discretion under Article 368. Since Article 13 stipulated that every law enacted by Parliament had to comply with fundamental rights, the Supreme Court read that limitation into constitutional amendments as well. &lt;br /&gt;
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Finally, in the Kesavananda Bharati case of 1973, the SC held that the condition prescribed by Article 13 of complying with fundamental rights applied only to ordinary laws, not constitutional amendments. Taking the middle path, it said the only limitation on Article 368 was that a constitutional amendment could not alter the “basic structure” of the Constitution (such as the sovereignty of the country or its secular character). &lt;br /&gt;
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'''Enlarging the scope of judicial review'''&lt;br /&gt;
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For decades, the most abused provision of the Constitution was the sweeping power conferred on the President — in other words, the Central government — to dismiss a duly elected state government. The validity of actions taken under Article 356 of the Constitution went before the Supreme Court for the first time in 1977 when the then newly elected Janata Party government at the Centre had dismissedCongress governments in states for no reason other than the fact that it wanted to hold early elections. &lt;br /&gt;
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But the Supreme Court, in what is known as the State of Rajasthan case of 1977, declined to intervene, ostensibly to avoid entering the political thicket. The President’s satisfaction that the state concerned could not be carried on in accordance with the provisions of the Constitution was, it said, not subject to judicial review. The apex court however reversed its stand in the S R Bommai case of 1994, where it held that a proclamation under Article 356 could be struck down if it was “found to be mala fide or based on wholly irrelevant or extraneous grounds”. Subjecting the President’s satisfaction to judicial review, the Bommai verdict clarified that the power conferred by Article 356 was a conditional one, not absolute. &lt;br /&gt;
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'''Changing conception of compensation'''&lt;br /&gt;
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Many a legal battle has been fought on the vexed issue of compensation payable to affected parties when a property has been acquired by the government. The question of interpreting the compensation promised by the Constitution arose for the first time in the Bela Banerjee case of 1954 involving a West Bengal law which sought to pay off the owners on the basis of the market value of their land on some distant date in the past. Rejecting the socialistic arguments of the state, SC laid down that the compensation should be “a just equivalent of what the owner has been deprived of”. &lt;br /&gt;
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In a bid to get over the effect of the Bela Banerjee case, the Nehru government amended the Constitution stipulating that no law dealing with the manner in which compensation was to be given “shall be called in question in any court on the ground that the compensation by that law is not adequate”. This in turn triggered a chain of a vacillating judgments and another constitutional amendment on the compensation issue. It culminated in the shift from the categorical “just equivalent” in the Bela Banerjee case to a limp admission in the Kesavandanda Bharati case of 1973 that the amount need not be equivalent, so long as it was “not illusory”. &lt;br /&gt;
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'''Diversity on quotas'''&lt;br /&gt;
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Caste-based reservations in jobs and educational institutions are another contentious issue on which the Supreme Court has had to change its position in keeping with the times. Its initial response was completely adverse. In the Champakam Dorairajan case of 1951, the Supreme Court slammed caste-based reservations as a violation of the Constitutional prohibition of discrimination. It was however forced to take a more accommodative view of social justice once the Nehru government responded with the first constitutional amendment stipulating that the general prohibition of discrimination could not prevent the state from making any special provision for the advancement of SCs, STs and OBCs. &lt;br /&gt;
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Having reconciled to the imperative of quota, the Supreme Court, in the M R Balaji case of 1963, imposed a cap of 50% on the extent of reservations for all the categories taken together, in a bid to ensure that the exception did not exceed the general rule of non-discrimination. Following the Mandal controversy, the Supreme Court, in the Indra Sawhney case of 1993, upheld the introduction of quota for OBCs in Central government jobs subject to the exclusion of the “creamy layer” (candidates whose parents are relatively wealthy or better educated). &lt;br /&gt;
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'''Seasonal change on economic policy'''&lt;br /&gt;
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True to its reputation of giving precedence to individual liberty over socialistic schemes, the Supreme Court, in the Bank Nationalization case of 1970, displayed no inhibition in probing the allegations that the Indira Gandhi’s government’s economic policy was discriminatory and deficient on compensation. As a corollary, it even struck down the nationalisation law. &lt;br /&gt;
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But post-liberalisation, the SC, in the Balco case of 2001, upheld the Vajpayee government’s disinvestment policy by adopting the principle that “in the case of a policy decision on economic matters, the courts should be very circumspect in conducting any inquiry and must be most reluctant to impugn the judgment of the experts.” &lt;br /&gt;
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'''Turning consultation into concurrence'''&lt;br /&gt;
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This shift has earned the Supreme Court the opprobrium of turning the judiciary into a “self-perpetuating oligarchy”. For, all that the Constitution has prescribed in the appointment of judges to the Supreme Court is that the Chief Justice of India “shall always be consulted”.&lt;br /&gt;
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==`Freedom fighters' (false ones) granted pension==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=SC-grants-pension-to-fake-freedom-fighters-02112016010083  Dhananjay Mahapatra,  SC grants pension to `fake freedom fighters', Nov 02 2016 : The Times of India]&lt;br /&gt;
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Strange are the ways of the Supreme Court in dispensing justice. On the one hand, it ordered inquiry into alleged forging of freedom fighter certificates to claim pension and on the other, when the pensions were cancelled, it restored them on humanitarian grounds.&lt;br /&gt;
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In August 2005, the SC had appointed the Justice A B Palkar Commission to examine the case of a large number of people claiming pension as freedom fighters by allegedly forging certificates in Beed district. It had said those falsely claiming to have participated in the freedom struggle should be dealt with sternly as they were “traitors“. It had directed the Palkar panel to complete the inquiry into claims of 354 people for freedom fighter pension and submit a report to the Maharashtra government.The panel had rejected the claims of 298 of 354 people and termed their documents “bogus“.&lt;br /&gt;
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When the state govern ment cancelled their pensions relying on the Palkar commission report, the elderly people moved the Bombay HC and pleaded, “We are all senior citizens. At this ripe age, if we are deprived of pensionary benefits, we will not be in a position to eke out a livelihood.“ Given the SC's stern mandate in 2005 to separate the genuine freedom figh ters from the impersonators, the HC refused to give relief.&lt;br /&gt;
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They made a final dash to the SC and pleaded before a bench of Justices Kurian Joseph and R F Nariman that withdrawal of pensions would mean starvation. The Justice Joseph-headed bench was caught in a situation where being legally correct would mean starvation for the petitioners.&lt;br /&gt;
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What came to the bench's rescue was a 2013 judgment of the apex court which had dealt with similar pleas. It had said, “In our opinion, keeping in view the fact that at this old age, if small benefit that was already granted to them is withdrawn, it may be difficult for them to sustain themselves. In that vi ew of the matter, in the peculiar facts and circumstances of the case, we set aside the order of the Bombay HC.“ However, the court had said pensions would stop with the death of the false freedom fighters.&lt;br /&gt;
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Justices Joseph and Nariman were quick to adopt the same stand. They said, “We find force in the submissions made by the counsel for Maharashtra that in many of these cases, the appellants have actually not participated in any freedom struggle. However, taking note of the only fact that these cases arise out of the same batch of appeals, we feel that it may not be proper to take a different view (than that taken in 2013).“&lt;br /&gt;
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== Medical colleges: Vacant super-specialty seats courses ==&lt;br /&gt;
[[File: Vacant super specialty seats courses in medical colleges.jpg|   ‘A two-judge Supreme Court bench ordered filling up of 553 vacant seats in super-specialty courses in medical colleges just two days after a three-judge bench rejected such a plea’ &amp;lt;br/&amp;gt; From [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=2-judge-bench-does-what-3-judge-SC-17102017001061 '' The Times of India ''] |frame|500px]] &lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=2-judge-bench-does-what-3-judge-SC-17102017001061     Dhananjay Mahapatra | 2-judge bench does what 3-judge SC bench refused | Oct 17 2017 : The Times of India (Delhi)]&lt;br /&gt;
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Eyebrows are being raised about a possible breach in judicial discipline after a two-judge Supreme Court bench ordered filling up of 553 vacant seats in super-specialty courses in medical colleges just two days after a three-judge bench rejected such a plea.&lt;br /&gt;
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On an application filed by Kerala Christian Professional College Management Federation in the pending petition of Dr Himank Goyal, a bench of Justices Adarsh Kumar Goel and U U Lalit directed on October 11: “For the remaining 553 unfilled super-specialty seats lying vacant, the DGHS may hold a mop-up counselling in an endeavour to fill up such seats within a period of 10 days.“ Those offered seats through this mop-up counselling were asked by the bench to join within four days. Just two days before this, on October 9, a PIL by `Education Promotion Society of India' had sought permission from a bench of CJI Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud to fill up vacant superspecialty course seats. The bench dismissed the petition.&lt;br /&gt;
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It could not have passed an order different from its September 22 one when it turned down pleas to extend the deadline for filling vacant seats.&lt;br /&gt;
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On September 22, a bunch of applications by various medical colleges, including the one by Dr Himank Goyal, came up for hearing before the threejudge bench headed by the CJI.&lt;br /&gt;
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The bench said, “There was an echo of concern that seats are going vacant and, therefore, there is necessity ... to extend the date. If we permit ourselves to say so, the concern travels from rational to emotional sphere.“&lt;br /&gt;
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However, Medical Council of India counsel Gaurav Sharma opposed vehemently and said the SC had extended the time till September 14 and if students did not avail of the opportunity , “it would be anathema to the concept of law to grant extension at the behest of institutions or the students“.&lt;br /&gt;
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Sharma said, “Mainte nance of discipline is of transcendental significance in the sphere of admission to medical colleges.“&lt;br /&gt;
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He said granting fur ther extension would usher chaos as stu dents who were not eligible or defaulted would gain admission. The threejudge bench said, “A sense of concern is one thing, but sustenance of discipline and order is another aspect. Weighing both the concepts in a balanced manner, we unhesitatingly come to the conclusion that the prayers made in the applications do not deserve any acceptance and stand rejected.“&lt;br /&gt;
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A fortnight later, an identical request for filling up superspecialty seats in medical colleges was allowed by a twojudge bench, which, in its order, did not refer to the threejudge bench's orders.&lt;br /&gt;
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==Political fallout taken into consideration==&lt;br /&gt;
''' When Supreme Court considered the political fallout of its verdict ''' &lt;br /&gt;
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Dhananjay Mahapatra [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=When-Supreme-Court-considered-the-political-fallout-of-07012015024005 ''The Times of India''] Jan 07 2015&lt;br /&gt;
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The political fallout of a judicial decision has seldom bothered the judiciary, but it appears that in 2012 the Supreme Court delayed the judgment on the CBI's probe into disproportionate assets cases against the Samajwadi Party chief and his sons to await completion of assembly elections.&lt;br /&gt;
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On March 1, 2007, just before the assembly elections, an SC bench headed by Justice A R Lakshmanan had ordered the CBI to probe into alleged disproportionate assets of Mulayam Singh Yadav and his sons on a PIL filed by Vishwanath Chatur-vedi. Justice Lakshmanan retired on March 21, 2007 and was immediately appointed as chair man of the Law Commission.&lt;br /&gt;
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Yadavs filed petitions seeking review of the March 1, 2007 judgment questioning the jurisdiction of the SC to order CBI probe without the consent of the state government on a politically motivated petition.The review petitions were heard by a bench of Justices Altamas Kabir and H L Dattu, which reserved its judgment on February 17, 2011.&lt;br /&gt;
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Internal communication between Justice Kabir and Justice Dattu, accessed by TOI, shows, among other things, the ground for delay in pronouncing the judgment was the possible political fal lout of its decision in this case.&lt;br /&gt;
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In June 2012, Justice Kabir wrote to Justice Dattu: “I deliberately waited till after the UP elections to pronounce the judgment so that the level playing field was not disturbed.“ The UP Assembly elections were held between February 8, 2012 and March 3, 2012. SP swept the polls and Akhilesh Yadav became the chief minister.&lt;br /&gt;
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Just days before the verdict on December 13, 2012, Justice Kabir sent the draft judgment to Justice Dattu for his approval. In the note attached to the draft judgment, Justice Kabir had referred to the CBI's flip-flops in the case and said, “This dual stand in the submissions of the highest investigating agency cannot be appreciated by this court.“&lt;br /&gt;
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Justice Dattu agreed with Justice Kabir, who had by then become the Chief Justice of India, that the CBI stand had been confusing.However, he clarified that “while making submissions (on behalf of the CBI) it has been highlighted that substantial prima-facie elements are there to conduct an investigation“.&lt;br /&gt;
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He also felt that there was no substantial evidence against Dimple Yadav and no further investigation needed to be carried out against her.But Justice Dattu was firm against quashing the entire proceedings regarding disproportionate assets. Justice Dattu wrote back: “As discussed with you, quashing of the entire proceedings regarding disproportionate assets, which is evident on the face of records, will not only be doing injustice but also create a political turbulence. We are directing only CBI probeinvestigation and not holding them guilty . If nothing is found, they are acquitted. But in fitness of things a thorough investigation is needed.“&lt;br /&gt;
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The judgment on the review petitions was pronounced on December 13, 2012. The court held that the CBI probe into alleged disproportionate assets of Mulayam, Akhilesh, and Prateek Yadav as ordered by the SC on March 1, 2007 was justified.&lt;br /&gt;
==Vyapam-Tainted Doctors: Conflict Over their Fate==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=2-judge-SC-bench-teaches-law-to-3-31082016014046  Aug 31 2016 : ''The Times of India'' (Delhi) 2-judge SC bench teaches law to 3-judge bench, Dhananjay Mahapatra]&lt;br /&gt;
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A three-judge bench of the Supreme Court headed by Justice J S Khehar on Tuesday got some constitutional and legal lessons from a two-judge bench headed by Justice J Chelameswar.&lt;br /&gt;
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The bench headed by Justice Khehar, who will become Chief Justice of India next year, was tasked with finding a solution to the conflict of opinion in a judgment rendered by the bench of Justices Chelameswar and A M Sapre in a case relating to punishment for those whose MBBS degrees were tainted by the Vyapam scam.&lt;br /&gt;
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Justices Chelameswar and Sapre had found instances of undeserving candidates taking advantage of irregularities in entrance examinations to bag MBBS seats.Justice Chelameswar had said they should be asked to render charitable healthcare for a certain period to retain their MBBS degrees. But Justice Sapre had said these degrees should be cancelled.&lt;br /&gt;
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The bench headed by Justice Khehar had asked whether the matter needed to be heard afresh to resolve the conflict of opinion and sought an answer from Justices Chelameswar and Sapre.&lt;br /&gt;
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The miffed two-judge bench on Tuesday did not read out the judgment and merely signed it, departing from the usual practice where judges read out the operative portion of the verdict.&lt;br /&gt;
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It said, “We completely fail to understand the reference made to Article 145(5) of the Constitution in the July 28, 2016 order (of the three-judge bench).“ Article 145(5) provides that the court should not pronounce a judgment without the concurrence of a majority of the judges on the bench which heard the case. However, it also says this would not prevent a judge from delivering a dissent judgment or opinion. Justices Chelameswar and Sapre said, “We are of the opinion that neither the Constitution of India nor any other law of this country provides an intra-court appeal insofar as the Supreme Court is concerned. A rehearing of the entire matter as apparently suggested by the larger bench, in our opinion, would amount to an intra-court appeal.“&lt;br /&gt;
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As a final message to the three-judge bench which appeared to have a touch of judicial sarcasm, the two-judge bench said, “If the larger bench of this court wishes to create an intra-court appeal, we obviously are powerless to stop it. We can only record our understanding of the law on the question and it is as recorded above.“&lt;br /&gt;
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==3-judge bench overrules 3-judge 2014 land acquisition judgment==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F22&amp;amp;entity=Ar00302&amp;amp;sk=DE4B463A&amp;amp;mode=text  Dhananjay Mahapatra &amp;amp; Amit Anand Choudhary, SC in knots as its 3-judge bench overrules another of same strength, February 22, 2018: ''The Times of India'']&lt;br /&gt;
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The Supreme Court appeared to have tied itself in knots on Wednesday, with a three-judge bench questioning the judicial propriety and discipline of another three-judge bench, which had on February 8 overturned yet another three-judge bench’s 2014 judgment on land acquisition.&lt;br /&gt;
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The subject matter was important as it involved the acquisition of land and payment of compensation to land-owners, mainly farmers. But the two-hour-long proceedings before a bench of Justices Madan B Lokur, Kurian Joseph and Deepak Gupta brought back flashes of the smouldering discontent among the four most senior judges which had erupted in an unprecedented press conference on January 12.&lt;br /&gt;
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''' SC asks HCs not to pass any order on land acquisition ''' &lt;br /&gt;
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What the bench of Justices Lokur, Joseph and Gupta questioned on Wednesday was the judgment by a three-judge bench headed by Justice Arun Mishra terming a 2014 “Pune Municipal Corporation” judgment by a bench of identical strength as “per incurium” (decision rendered without taking care of facts and law). Interestingly, the Pune Municipal Corporation judgment was rendered on January 24, 2014 by a bench of Justices R M Lodha, Lokur and Joseph.&lt;br /&gt;
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The Justice Lokur-headed bench, in an interim order, asked high courts not to pass any order on pending land acquisition issues, thus stalling implementation of the February 8 judgment. It also requested other benches of the apex court to defer hearing on petitions on this issue.&lt;br /&gt;
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Former attorney-general Mukul Rohatgi provided the spark that reignited the “discipline” and “propriety” issue that has hurt unity among SC judges. Rohatgi said propriety demanded that the three-judge bench, if it did not agree with the earlier three-judge bench decision, send the issue for consideration before a larger bench. He said what was worse was that the same bench had been disposing of scores of cases based on the ruling given by it on February 8 in complete disregard of the farmers’ interest.&lt;br /&gt;
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Justice Joseph poured out his “painful concern” and said, “The Supreme Court operates on a system and principle which are holy. If you start tinkering with it, what will happen? Everyone must think about it — both judges and lawyers. We will go one day but the institution must go on forever. There is a method and procedure to be followed. If the Supreme Court has to be one, it has to be made one. To make it one, you need judicial discipline. “The Supreme Court is one and must not speak in 14 voices (indicating that the existing 14 benches must not speak differently on the judicial side). It is not good for the institution.”&lt;br /&gt;
Rohatgi recounted the right to privacy issue and said as attorney-general, he had argued before a five-judge bench that it could not decide the issue as an eight-judge bench had earlier ruled that privacy was not a fundamental right. “Overnight, a nine-judge bench was set up by the CJI which overruled the eight-judge bench decision. That is the procedure and discipline,” he said to rub it in.&lt;br /&gt;
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Senior advocate P S Patwalia, appearing for Haryana, defended the recent ruling of the Justice Arun Mishra-headed bench and said the law’s misuse was stopped by this judgment and Justice Joseph’s views were rather strong. Justice Joseph clarified, “It is not strong views but my painful concern. If one bench of the SC wants to correct an earlier ruling by another bench of identical strength, then there is a process to do it.” Rohatgi chipped in and said if the Pune Municipal Corporation judgment required to be reconsidered, the correct procedure would have been to refer it to a five-judge bench.&lt;br /&gt;
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The Supreme Court operates on a system and principles which are holy. If you start tinkering with it, what will happen?&lt;br /&gt;
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===Referral:  2-Judge Bench Pre-Empts 3-Judge Bench ===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F23&amp;amp;entity=Ar01212&amp;amp;sk=D8CDD9F6&amp;amp;mode=text  Dhananjay Mahapatra &amp;amp; Amit Anand Choudhary, Judicial discipline? It’s complicated, February 23, 2018: ''The Times of India'']&lt;br /&gt;
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''2-Judge Bench Pre-Empts 3-Judge One From Passing Order For Referral''&lt;br /&gt;
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The knotty issue of ‘judicial discipline and propriety’ in contradictory judgments on land acquisition being tossed between two threejudge benches of the Supreme Court got further complicated on Thursday with two two-judge benches referring the matter to Chief Justice of India Dipak Misra for resolution by a larger bench.&lt;br /&gt;
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A threejudge bench headed by Justice Madan B Lokur had taken umbrage to a three-judge bench headed by Justice Arun Mishra on February 8 overruling a 2014 verdict given by another three-judge bench in the ‘Pune Municipal Corporation’ case, terming the earlier judgment as “per incurium”. Both the cases concerned land acquisition.&lt;br /&gt;
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Upon being told by senior advocate Mukul Rohatgi about the February 8 verdict, the bench led by Justice Lokur and comprising Justices Kurian Joseph and Deepak Gupta viewed it as breach of “judicial discipline and propriety”.&lt;br /&gt;
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Justices Lokur and Joseph, two of the four seniormost judges of the SC, were co-authors of the ‘Pune Municipal Corporation’ verdict.&lt;br /&gt;
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In an interim order, the Justice Lokur-headed bench requested other SC benches and high courts not to take up matters related to land acquisition dealt in the two contradictory judgments. It said it would decide the future course of action — whether to refer the matter to a larger bench.&lt;br /&gt;
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On Thursday, a land acquisition case was listed before a bench of Justices Arun Mishra and Amitava Roy and the threejudge bench’s interim order was brought to its notice.&lt;br /&gt;
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While stating that Wednesday’s interim order was a “sort of moral injunction” on them, Justice Mishra, who headed the three-judge bench that overruled the 2014 judgment, addressed the issue frontally and squarely. “We had taken a definite view that the 2014 judgment was ‘per incurium’ and it was permissible in law to take that view. We had pondered (while writing the February 8 judgment) over the issue — whether the matter required to be referred to a larger bench given the three-judge bench’s 2014 judgment, and then took a conscious decision (to term it ‘per incurium’ and overrule it). Whether it amounts to judicial discipline, or not, is for the larger bench to decide,” he said.&lt;br /&gt;
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Justices Mishra and Roy referred the matter to the CJI for adjudication by a larger bench, which most probably will be a five-judge bench. By this order, the Justice Mishra-led bench pre-empted the three-judge bench headed by Justice Lokur from passing order for referral to a larger bench.&lt;br /&gt;
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Justice Mishra said, “We have taken a considered view (in the February 8 judgment). It is over 200 pages. Probably, no one has read it but it (the judgment) has been targeted. First read and then analyse. ‘Judicial discipline’ has become a magic word to target us.”&lt;br /&gt;
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In another twist to fast-paced events in the SC, another two-judge bench of Justices Adarsh Goel and U U Lalit too rescheduled a land acquisition case on Thursday when it was informed by Rohatgi about Wednesday’s interim order by Justice Lokur’s bench.&lt;br /&gt;
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The bench ordered, “We are of the view that having with regard to the nature of the issues involved in the matter, the issues need to be resolved by a larger bench at the earliest. These matters may be placed before the appropriate bench on February 23 as per orders of the CJI.”&lt;br /&gt;
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=Late night hearings and judgements=&lt;br /&gt;
==Till 2015==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=SC-has-answered-two-more-midnight-knocks-31072015018031 ''The Times of India''], Jul 31 2015 &lt;br /&gt;
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''' SC has answered two more midnight knocks '''&lt;br /&gt;
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Mumbai serial bomb blasts convict Yakub Memon was not the first one to knock at the Supreme Court's door past midnight.&lt;br /&gt;
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What made Yakub's petition unprecedented was the one-and-a-half hour long postmidnight hearing that lasted till the crack of dawn. Earlier, the hearings after court hours were mainly held at the residence of the senior judge presiding over the bench.&lt;br /&gt;
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On April 8, 2013, lawyers of condemned prisoner at Jabalpur Central Jail, Maganlal Barela, who was to be hanged at dawn on April 9 for killing his children, successfully moved the SC close to midnight. Barela averted the gallows, after all preparations were made to hang him, after rejection of his mercy petition by the President. The fax from the SC con veying the stay on Barela's hanging reached jail authorities just five hours before the scheduled hanging.&lt;br /&gt;
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Similarly , Nithari rape-murder convict Surinder Koli was scheduled to hang on September 9, 2014. At the intervening night of September 8-9, his lawyers, led by Indira Jaising, woke up justices H L Dattu and A R Dave and placed before them Koli's petition seeking re-hearing of his review petition. A three-judge bench later stayed the execution and ordered open court hearing.&lt;br /&gt;
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==2018, May: swearing-in of Karnataka government==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F05%2F17&amp;amp;entity=Ar00501&amp;amp;sk=677C98EE&amp;amp;mode=text    Naheed Ataullah &amp;amp; Dhananjay Mahapatra, Only the 2nd midnight hearing in SC history, May 17, 2018: ''The Times of India'']&lt;br /&gt;
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The dramatic post-midnight hearing marks only the second time in the judicial history of independent India that such an event has taken place. In the previous instance, a three-judge Supreme Court bench began hearing a petition seeking postponement of Yakub Memon’s execution at 3.24am on July 30, 2015. At 4.46am, Yakub’s final petition was dismissed.&lt;br /&gt;
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'''NOTE: As we have seen above, the case regarding the swearing-in of the Karnataka government was not the second late-night hearing, but perhaps the fourth.  See [[Karnataka: political history ]]&amp;gt; 2018 '''&lt;br /&gt;
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=Lawyers’ insinuations =&lt;br /&gt;
==2019: A denigration of the judiciary==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F31&amp;amp;entity=Ar00302&amp;amp;sk=7510F3AA&amp;amp;mode=text  Dhananjay Mahapatra, Insinuations by lawyers make our job hard, says SC, January 31, 2019: ''The Times of India'']&lt;br /&gt;
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Ringing the alarm bell, the Supreme Court said in a hard-hitting judgment that it was becoming increasingly difficult for judges to render justice in a fair, impartial and fearless manner because of insinuations made by advocates in cases of political importance.&lt;br /&gt;
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“Whenever any political matter comes to court and is decided, either way, political insinuations are attributed by unscrupulous persons/ advocates. Such acts are nothing but an act of denigrating the judiciary itself and destroys the faith of the common man which he reposes in the judicial system,” a bench of Justices Arun Mishra and Vineet Saran said in its 75-page judgment.&lt;br /&gt;
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Taking note of the tendency among some advocates to rush to the media from courtrooms, the bench said “hunger for cheap publicity is increasing” and termed it as anathema to the standards of the noble profession. “Statutory rules prohibit advocates from advertising and cater to press/media,” it said, adding it had become common to dish out “distorted versions of court proceedings”.&lt;br /&gt;
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'''JUSTICE DELIVERY'''&lt;br /&gt;
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''Cases cannot decided by media trial, says apex court''&lt;br /&gt;
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This had a chilling effect on judges who could not go to the media with their point of view, the bench said. “It is making it more difficult to render justice in a fair, impartial and fearless manner,” the bench said and complained that making public accusations against judges was a tactic adopted by unscrupulous elements to “influence the judgment and even to deny justice with ulterior motives”.&lt;br /&gt;
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In the last year, apex court judges have faced a lot of insinuations from activist lawyers while dealing with politically sensitive matters — plea of Muslim parties for reference of Ayodhya land dispute to a five-judge bench, petition seeking quashing of UAPA charges against social activists including Sudha Bharadwaj and Gautam Navlakha, plea for SIT probe into judicial officer B H Loya’s alleged suspicious death, PILs for probe into Rafale jet purchase and petitions challenging the Centre’s decision to divest then CBI director Alok Verma of his powers.&lt;br /&gt;
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“Something has to be done by all concerned to revamp the image of the bar,” the SC said. Writing the judgment for the bench, Justice Mishra said, “It is impermissible to malign&lt;br /&gt;
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the system itself by attributing political motives and false allegations against the judicial system and its functionaries. Judges who are attacked are not supposed to go to the press or media to ventilate their point of view.”&lt;br /&gt;
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Taking note of hype created in media by certain advocates in matters of political importance, the SC said, “Cases cannot be decided by media trial... No outside interference is permissible. A lot of sacrifices are made to serve the judiciary for which one cannot regret as it is with a purpose and to serve judiciary is not less than the call of military service.&lt;br /&gt;
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“For the protection of democratic values and to ensure that rule of law prevails in the country, no one can be permitted to destroy the independence of the system from within or outside... Let each of us ensure our own institution is not jeopardised by the blame game and make an endeavour to improve upon its own functioning and independence.”&lt;br /&gt;
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The SC was testing the validity of the rule framed by Madras high court empowering it to debar an advocate to control situations which arose in the past, including shouting of slogans, using foul language against judges and vandalism. Though anguished by past conduct of lawyers in the HC, it struck down the rule and said the HC could not usurp disciplinary powers vested in bar councils.&lt;br /&gt;
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=Political interference=&lt;br /&gt;
==1967-2018==&lt;br /&gt;
Difficulty of being CJI in the shadow of politics over removal&lt;br /&gt;
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Dhananjay.Mahapatra 02 April 2018 The Times of India &lt;br /&gt;
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Renowned lawyer and senior Congress MP Kapil Sibal [in March 2018] accused the NDA government of “continuously assaulting the judiciary” while echoing Justice Jasti Chelameswar’s view that the Centre was “putting collegium recommendations on the back burner if the names are not to its liking”.&lt;br /&gt;
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Sibal was quoted as saying in a media report, “They have first filled educational institutions with R S S pracharaks. Now, they are trying to infiltrate the judiciary with people having such mindset.”&lt;br /&gt;
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A few weeks ago, Sibal had retorted to CJI Dipak Misra’s courtroom comment that he must read history by saying he was both a student and teacher of history. Sibal is well versed in the judiciary’s history too, we are sure. Probably, he needs to refresh his memory, especially because he is among the few in Congress strenuously pushing for moving a removal motion against CJI Misra in Parliament.&lt;br /&gt;
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The January 12 press conference by senior SC judges led by Justice Chelameswar against the CJI had attracted magnetic support from Left leaders friendly to a rebel judge. The Congress, in the process of replacing old warhorses with prime stallions to keep the party chariot competitive for the derby of general elections, decided to cash in on the situation as many important cases, including politically usable Ayodhya and death of judge B H Loya, were being heard by a CJI-led bench.&lt;br /&gt;
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Some Congress lawyer-MPs saw the opportunity to hit hard with a removal motion as the judiciary was red hot with an internal dissension fuelled by one person’s insatiable desire to wreak vengeance because he could not become CJI. Personal ambitions surely cause disturbances in the normal functioning of a system, be it judiciary or politics. And we surely don’t deny what Justice Chelameswar said in his March 21 letter, quoting Robert H Jackson, that “men are more often bribed by their loyalties and ambitions than by money”.&lt;br /&gt;
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Attempts are on to get the draft motion signed by 50 Rajya Sabha MPs, the number required for moving it in Parliament. Before we refer to pages of judicial history to understand Sibal’s comment that the NDA government is trying to fill judiciary with “such mindset”, a discussion on the fallout of a removal motion against the CJI will help understand the gravity of the situation.&lt;br /&gt;
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Today, the Congress with 54 MPs in RS may well be able to bring a removal motion against the CJI, howsoever frivolous or imaginary the charges may be. Tomorrow, the NDA, which too has more than 50 MPs in RS, could cook up some charge to bring a removal motion against the No.2 in the SC. Another party can start a campaign for a removal motion against the third in the SC hierarchy.&lt;br /&gt;
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Where will it end? Which judge will willingly become CJI in such a dreadful scenario and risk his dignity and reputation? Worse, will this kind of political one-upmanship not force a judge to ensure political support before becoming CJI to counter threats of removal?&lt;br /&gt;
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Bringing a removal motion against a CJI or a judge based on unverified charges has a numbing effect on the institution and stunts public faith in it. Lawyers become MPs not because they are great politicians. Success in court brings them money and fame, accelerating their rise in political parties. When they attempt to cow down the judiciary by casting a shadow through a phantom removal motion, it is akin to an assault on the very tree that nurtured their growth.&lt;br /&gt;
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Unlike today’s Congress, led by a youthful president Rahul Gandhi, the party split in 1969 after a bitter war between veterans on one side and the young Turks on the other led by Indira Gandhi. The split reduced her government to a minority, but she continued as PM with support from Left parties. The landmark SC decision in Golaknath case in 1967 curtailing Congress government’s power to amend the Constitution and the political red nose caused by the 1970 Privy Purses judgment forced Indira to call mid-term polls.&lt;br /&gt;
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A heady 352 seats in Lok Sabha in 1971 strengthened her resolve to infiltrate the SC with “committed judges”. The task was meticulously carried out by law minister H R Gokhale, the Bombay HC judge turned politician; steel and mines minister S Mohan Kumaramangalam, a barrister and earlier a prominent communist leader; and S S Ray, another barrister and a close confidant of Indira.&lt;br /&gt;
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To overrule an 11-judge bench decision in the Golaknath case, the SC decided to set up a 13-judge bench for Kesavananda Bharati case. Eight SC judges were appointed just before the hearing in Kesavananda case began to ensure most of them found place in the 13-judge bench for a favourable ruling.&lt;br /&gt;
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Justice P Jaganmohan Reddy in his book ‘We Have Republic’ wrote, “Of these eight, two were said to be Gokhale’s nominees (D G Palekar and Y V Chandrachud of Bombay HC); one of Kumaramangalam (K K Mathew of Kerala); two of Ray (S C Roy and A K Mukherjea) and two from the PM (M H Beg and S N Dwivedi); only one was CJI S M Sikri’s nominee (H R Khanna). One died before the case was heard. Of the seven who heard the case, five upheld the government’s point of view.&lt;br /&gt;
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A legendary researcher on SC judges, George H Gadbois, wrote, “Seven of the nine Sikri era appointees were members of the Kesavananda bench, and five of these did support what can be considered the government’s wishes. But they were in the minority with A N Ray. Khanna, who cast the deciding vote, and Mukherjea joined the five pre-Sikri era court appointees in the majority.”&lt;br /&gt;
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The 7-6 majority carved out the basic structure doctrine while fortifying and reinforcing Golaknath judgment much to the chagrin of Indira, whose government wreaked vengeance a day after the Kesavananda judgment was delivered on April 23, 1973, by announcing that A N Ray, fourth senior most SC judge, would be the new CJI to supersede K S Hegde, J M Shelat and A N Grover. The three resigned. The judiciary was to endure many painful wounds inflicted by Congress governments in the succeeding years. We will narrate those some other time. The above example is meant to refresh Sibal’s memory about “assault on judiciary”.&lt;br /&gt;
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As a celebrated lawyer, Sibal should discharge his debt for the fame he has earned through the judiciary. He has ability, knowledge and craftsmanship to differentiate himself from hawkish politicians, whose feathers resemble those of Gokhale, Kumaramangalam and Ray. The choice is his.&lt;br /&gt;
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=Preferential listing of star lawyers’ cases=&lt;br /&gt;
==Not done for Ram Jethmalani/ Ansal==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Star-lawyers-may-not-get-to-jump-queue-04032017001044  Dhananjay Mahapatra, Star lawyers may not get to jump queue, March 4, 2017: The Times of India]&lt;br /&gt;
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Star lawyers getting preferential listing of cases of rich and famous clients in the Supreme Court is a trend that could be reversed under the new Chief Justice of India J S Khehar (in pic), as renowned lawyer Ram Jethmalani found out.&lt;br /&gt;
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In the past, engaging top lawyers to steal a march over others in getting cases listed for early hearing usually worked, with previous CJIs acting in deference to the stature of the lawyers.&lt;br /&gt;
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Khehar, however, has emphasised procedural equality since taking over. Time and again, he has told lawyers requesting early hea ring that their clients would not be permit ted to jump the queue.&lt;br /&gt;
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Friday provided more evidence of this when Jethmalani, appearing for Gopal Ansal (convicted in the Uphaar case), requested urgent listing of the tycoon's application seeking reduction of the jail term awarded to him. The court also rejected Ansal's plea for exten sion of his surrender deadline of March 9 to serve the remaining part of his one-year sentence.&lt;br /&gt;
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Jethmalani had sought urgent listing of Gopal's plea seeking parity in sentence with his elder brother Sushil Ansal, who was let off by the court on February 9 saying the sentence already undergone by him was adequate punishment keeping in view his age and ailments. Jethmalani had said Gopal too was old and suffered age-related ailments and, hence, was entitled to parity in sentence. The CJI had said the application would be listed on Friday if the SC registry found no objection. But the registry did find objections and the matter was not listed on Friday .&lt;br /&gt;
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Jethmalani complained about it to the CJI on Friday and sought urgent listing and said the court should extend the surrender deadline in the alternative. Justice Khehar firmly told Jethmalani that there was a procedure for everyone to follow. “If the registry has found objections and refused to list the matter, Jethmalani's client can appeal against the registry's order,“ the CJI said and refused to bestow any preferential treatment to the noted lawyer.&lt;br /&gt;
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=Rape=&lt;br /&gt;
== No liberal approach , mediation or compromise in rape cases : SC ==&lt;br /&gt;
[http://www.dailyexcelsior.com/no-liberal-approach-mediation-or-compromise-in-rape-cases-sc/ Daily Excelsior , No liberal approach , mediation or compromise in rape cases : SC &amp;quot;Daily Excelsior&amp;quot; 2/7/2015]&lt;br /&gt;
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It would be a “spectacular error” to adopt a soft approach on cases of rape or attempt to rape and there cannot be any compromise or mediation in such cases, the Supreme Court said in a stern message today.&lt;br /&gt;
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“When a human frame is defiled, the ‘purest treasure’, is lost. Dignity of a woman is a part of her non-perishable and immortal self and no one should ever think of painting it in clay. There cannot be a compromise or settlement as it would be against her honour which matters the most,” a bench headed by Justice Dipak Misra said.&lt;br /&gt;
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“We would like to clearly state that in a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of.&lt;br /&gt;
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“These are crimes against the body of a woman which is her own temple. These are offences which suffocate the breath of life and sully the reputation. And reputation, needless to emphasise, is the richest jewel one can conceive of in life. No one would allow (it) to be extinguished,” the bench, which also comprised Justice Prafulla C Pant, said.&lt;br /&gt;
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The strong remarks came as the apex court criticised a Madhya Pradesh High Court judge who was influenced by the compromise entered into between the accused Madan Lal and the parents of the seven-year-old victim and had set aside the conviction and five-year sentence for the rape. (PTI)&lt;br /&gt;
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= Religious bias=&lt;br /&gt;
==SC objects to Bombay HC citing religious identity of victim to grant bail to accused==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/violence-in-name-of-religion-cannot-be-justified-supreme-court/articleshow/62934313.cms  Amit Anand Choudhary, Violence in name of religion cannot be justified: Supreme Court, February 15, 2018: ''The Times of India'']&lt;br /&gt;
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'''HIGHLIGHTS'''&lt;br /&gt;
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Judiciary must be fully conscious of the plural composition of the country while adjudicating issues pertaining to rights of various communities: SC&lt;br /&gt;
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SC bench quashed the order of the Bombay high court granting bail to accused for allegedly killing a Muslim youth in 2014&lt;br /&gt;
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“The fault of the deceased was only that he belonged to another religion. I consider this factor in favour of the accused ... ,” the Bombay High Court had said in its order while granting bail to three accused belonging to Hindu Rashtra Sena for allegedly killing a Muslim youth in 2014. &lt;br /&gt;
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Taking exception to the observation made by the high court, the Supreme Court on Thursday said that such remarks were uncalled for and reminded that the judiciary must be fully conscious of the plural composition of the country while adjudicating issues pertaining to rights of various communities. It said that any kind of violence in the name of religion or community could not be justified. &lt;br /&gt;
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A bench of Justices SA Bobde and L Nageswara Rao quashed the order of the Bombay high court granting bail to the accused saying that there was little discussion on the other relevant factors relating to granting or withholding bail in a murder case. It asked the the high court to reconsider the bail plea of the accused afresh as per law on merit without being influenced by any extraneous reason. &lt;br /&gt;
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“We have carefully perused the impugned order(s) granting bail and we find that there is little reference to/or discussion on the merits of the bail applications but we are satisfied that the significant reason for release is mainly the one stated above. We find that the aforesaid reason can, on a fair reading, be understood or misunderstood almost as a mitigating circumstance or a kind of a justification for the murder and it is obvious that the fact that the deceased belonged to a certain community cannot be a justification for any assault much less a murder,” the bench said. &lt;br /&gt;
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“While it may be possible to understand a reference to the community of the parties involved in an assault, it is difficult to understand why it was said that ‘the fault of the deceased was only that he belonged to another religion’ and further ‘I consider this factor in favour of the applicants/accused.’ We have no doubt that a court fully conscious of the plural composition of the country while called upon to deal with rights of various communities, cannot make such observations which may appear to be coloured with a bias for or against a community,” it said. &lt;br /&gt;
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“It is possible that the learned Judge wanted to rule out a personal motive against the victim, but only emphasize communal hatred. It is also possible that the learned single judge may not have intended to hurt the feelings of any particular community or support the feelings of another community but the words are clearly vulnerable to such criticism. The direction cannot be sustained,” the court said. &lt;br /&gt;
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The high court had on January 12 last year granted bail to Vijay Gambhire, Ganesh Yadav and Ajay Lalge, accused of murdering 28-year-old Mohsin Shaikh on June 2, 2014 in Pune. As per the prosecution, the trio had attended a meeting of Hindu Rashtra Sena to protest against defiling of a statue of Chhatrapati Shiva-ji Maharaj. The accused armed with hockey sticks and bats roamed the streets on the night of June 2 when they came across Shaikh and thrashed him to death. &lt;br /&gt;
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Their bail plea was rejected by lower court but the high court granted them relief. &amp;quot;The meeting was held prior to the incident of assault. The accused otherwise had no other motive such as any personal enmity against the innocent deceased Mohsin. The fault of the deceased was only that he belonged to another religion. I consider this factor in favour of the accused. Moreover, the accused do not have criminal record and it appears that in the name of the religion, they were provoked and have committed the murder,” a bench of Justice Mridula Bhatkar had said.&lt;br /&gt;
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=Remarks by judges during hearings=&lt;br /&gt;
==2018==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F08%2F13&amp;amp;entity=Ar01406&amp;amp;sk=B2A238CC&amp;amp;mode=text  Dhananjay Mahapatra, PILs infecting judiciary with off-the-cuff remark fever, August 13, 2018: ''The Times of India'']&lt;br /&gt;
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Once upon a time, the Supreme Court’s stray caustic remarks during hearing of a PIL or a petition involving an important social or political issue was taken very seriously by the public, the government and the legislature. Media used to headline the comments.&lt;br /&gt;
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Newspapers and TV channels still headline such caustic remarks, which now fly thick and fast from the SC and HCs on a daily basis. But these have lost their salutary effect.&lt;br /&gt;
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An SC bench led by Justice Madan B Lokur, infuriated by the frustratingly lackadaisical approach of authorities towards proper garbage disposal, asked why not dump the garbage at Raj Niwas, the official residence of Delhi’s lieutenant governor. One may be tempted to ask, why not Rashtrapati Bhavan, since the President is the head of the country and also lives in Delhi?&lt;br /&gt;
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Incidents of rape, that too by those who were guardians to hapless girls who had no one to run to, made the Justice Lokur-led bench to remark that “rapes are happening left, right and centre in India”. Are they? Incidents of assault on women are on the rise and do ring alarm bells. But when the SC says rape is rampant, it surely sends a signal to the world to brand India as unsafe for women.&lt;br /&gt;
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The same bench, while hearing a PIL on extra-judicial killings in Manipur, summoned the director of CBI, which had been entrusted with probing the killings widely perceived to be excesses by armed forces.&lt;br /&gt;
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To the bench’s question why the accused had not been arrested, the director said once chargesheet was filed, it was for the court to either send them to custody or grant them bail. Noticing that chargesheets had Section 302 IPC charges, the bench remarked that “murderers are allowed to roam free”. The SC bench forgot to use ‘alleged’ before ‘murderers’ to soften its un-required punch.&lt;br /&gt;
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This had its adverse impact on the armed forces, whose personnel put their lives on the line in disturbed areas to allow the legislature, the executive and the judiciary to function without the fear of ultras. Moreover, it is common knowledge that an accused is presumed innocent till he is pronounced guilty. How would the SC respond if one of the accused in the chargesheet moves an application and asks since the apex court has already termed him a ‘murderer’, would he get justice from the trial court.&lt;br /&gt;
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The SC has been freely making remarks against the executive and, in a few cases, against the legislature. In contrast, it has been very sensitive towards comments made against judges. It did not spare sitting Calcutta HC judge C S Karnan for making it a habit to launch diatribes against Supreme Court and high court judges and sent him to jail.&lt;br /&gt;
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When a Rajasthan HC judge made disparaging remarks against the HC chief justice in a judicial proceeding (State of Rajasthan vs Prakash Chand [1998 (1) SCC 1]), the SC came down heavily on him for breach of discipline. It said, “It is unbecoming of a judge of HC to travel out of the confines of the issue before him and to fish out material to unjustifiably malign someone, more particularly when that someone happens to be the one who is the head of the judicial family in the HC. We most strongly deprecate this practice.” Probably, PILs allow judges to take a 360-degree view than limit themselves to the subject matter of the case in hand!&lt;br /&gt;
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When the SC makes caustic observations, does it spare a thought that it might be hurting those bureaucrats who honestly do their jobs but are not succeeding in achieving desired results given the enormity of problems. When the SC has the licence to make such remarks, would HCs remain far behind?&lt;br /&gt;
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Recently, the Uttarakhand HC made news by giving the Ganga living entity status. It also ruled that animals had rights equal to that of human beings. Just a few days ago, the HC threatened to turn the oldest tiger reserve, Corbett National Park, into a race track for cars as the government had not evicted forest-dwelling communities and had failed to protect animals.&lt;br /&gt;
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Given the stinging observations of the SC, no doubt intended to solve problems, attorney general K K Venugopal sounded a caution and told the bench that there should be an impact assessment of orders on PILs at the ground level. He said before passing sweeping orders, the courts must examine impact on employment, investment and morale of the workforce.&lt;br /&gt;
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Interestingly, the SC nearly three decades ago had made a virtue of judicial restraint. In A M Mathur vs Pramod Kumar Gupta [1990 (2) SCC 533], it had said, “Judicial restraint and discipline are as necessary to the orderly administration of justice as they are to the effectiveness of the army. “This quality in decision making is as much necessary for judges to command respect as to protect the independence of the judiciary. Judicial restraint in this regard might better be called judicial respect, that is, respect by the judiciary.&lt;br /&gt;
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“Respect to those who come before the court as well to other coordinate branches of the state — the executive and the legislature. There must be mutual respect. When these qualities fail or when litigants and public believe that the judge has failed in these qualities, it will be neither good for the judge not for the judicial process.&lt;br /&gt;
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“The judges have absolute and unchallengeable control of the court domain. But they cannot misuse their authority by intemperate comments, undignified banter or scathing criticism of counsel, parties or witnesses. We concede that the court has the inherent power to act freely upon its own conviction on any matter coming before it for adjudication, but it is a general principle of the highest importance to the proper administration of justice that derogatory remarks ought not to be made against persons or authorities whose conduct comes into consideration unless it is absolutely necessary for the decision of the case.”&lt;br /&gt;
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These lines, said 28 years ago, still hold good for judiciary, if it wants to command respect from the public, the executive and the legislature.&lt;br /&gt;
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=Sealed cover proceedings=&lt;br /&gt;
==Adopted by the SC since 2000==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/sc-has-relied-on-sealed-cover-proceedings-in-several-cases-gujarat-riots-2g-coal-scam-cbi-rafale/articleshow/66801761.cms  Dhananjay Mahapatra, SC has relied on sealed cover proceedings in several cases – Gujarat riots, 2G, coal scam, CBI &amp;amp; Rafale, November 26, 2018: ''The Times of India'']&lt;br /&gt;
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To prevent further damage to the CBI’s public image, already sullied by incessant mudslinging between CBI director Alok Verma and his deputy Rakesh Asthana, the Supreme Court had resorted to ‘sealed cover proceedings’ while asking all parties to maintain strict confidentiality. &lt;br /&gt;
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After a bench led by CJI Ranjan Gogoi ordered ‘strict confidentiality’, three CBI officers had filed applications challenging their transfers out of Delhi immediately after the Centre sent both Verma and Asthana on leave. &lt;br /&gt;
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The last application was by an IPS officer with 18 years experience. He did little justice to his experience as a police officer by relying on ‘unverified’ statement of Hyderabad-based businessman Sathish Babu Sana to make ‘shocking’ allegations against Asthana, the CVC, the NSA, a Union minister, the law secretary and a RAW special secretary. &lt;br /&gt;
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The real facts behind these ‘shocking’ allegations need to be found out. We also must know what impelled the IPS officer to level these allegations when the SC through ‘sealed cover proceedings’ was scrutinising the CVC report’s which contained “not so complimentary and very uncomplimentary’ remarks against Verma. &lt;br /&gt;
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But the ‘sealed cover proceedings’ appears to have disturbed some, who are questioning its efficacy. The same people have expressed similar doubts over sealed cover proceedings adopted by the SC in scrutinising the Rafale deal. Since 2000, ‘sealed cover’ proceedings have been adopted by the SC in Gujarat riot cases, the 2G spectrum allocation scam and the coal block allocation scam. &lt;br /&gt;
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In post-Godhra riots cases, R K Raghavan headed SIT had filed several sealed cover status reports before the SC. As the SC was gunning for the Gujarat government then headed by Narendra Modi, Raghavan was hailed as an independent investigator by social activists and their activist lawyers as media reported the summary of the contents of almost every SIT report. &lt;br /&gt;
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One SIT report unfortunately talked about an activist peddling exaggerated stories about riot victims as also tutoring witnesses. Reporting of this SIT report caused much discomfort. The activists’ lawyer vociferously and repeatedly pleaded with the SC to initiate contempt proceedings against the reporter for revealing details of the ‘sealed cover’ report. &lt;br /&gt;
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In arbitrary allocation of 2G spectrum by UPA government in 2008, the SC had routinely scrutinised ‘sealed cover’ CBI probe status reports. No one questioned the efficacy of such proceedings then. &lt;br /&gt;
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The SC yet again adopted ‘sealed cover’ proceedings to monitor CBI probe into coal block allocations under the UPA regime. The then PM too has been made an accused in the case, though the trial against him has been stayed since 2015 by the SC. &lt;br /&gt;
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Before the ex-PM was made an accused, the CBI made a startling admission on April 30, 2013 — probe status reports, prior to submission to the SC, were vetted by then law minister and two joint secretary level officers, one in the PMO and the other in the coal ministry. &lt;br /&gt;
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On May 8, 2013, the SC recorded, “The draft status report was shared with the law minister, law officers and two joint secretary level officers and at their instance some changes were made. Some of the changes made in these draft status reports are significant.” Changes related to CBI’s PE2, which was on alleged irregularities in coal block allocations during 2006-09, when the ex-PM held the coal portfolio. &lt;br /&gt;
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Those who had subjugated the CBI director, illegally vetted and audaciously made vital changes in the probe status report are now vociferous while shedding crocodile tears for the danger to the CBI’s autonomy. We hope there will be constructive criticism of a decision by the court rather than nitpicking over ‘sealed cover proceedings’. &lt;br /&gt;
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A majority of politicians and activists behave according to the season and circumstances. Very few rise above the surroundings to work for greater common good. It reminds us of a small story: Once a king dreamt of an owl flapping around his throne. None in the durbar could decipher the dream. The king announced a handsome reward of 10 gold coins. A long distance away, a farmer resting under a tree was day-dreaming of the reward. A bird on the tree told the farmer she would share the dream’s meaning if he agreed to share the reward. Farmer agreed. Bird said betrayal and treachery rules the roost in the kingdom. The farmer told the king what the dream meant. The king found it in sync with intelligence reports. The farmer’s happiness fizzled out as soon as he neared home as the thought of giving the bird five gold coins was gnawing him. He took an alternative road home. &lt;br /&gt;
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A year later, the king saw another dream. A knife revolving around his throne. He sent for the farmer, who ran straight to the bird, apologised for betraying her the last time, and promised to share the booty this time. The bird said the dream meant violence would erupt in the kingdom. Satisfied with the meaning of the dream, the king gave 20 gold coins to the farmer. The man was sadder this time and working himself into a fury by repeatedly asking – what will a bird do with 10 gold coins? While heading home, he picked up a stone. As he neared the tree and the moment the bird asked for her share, the man aimed the stone at her. The bird flew away. &lt;br /&gt;
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Next year, the king dreamt of a dove flying around his throne and again sent for the man, who ran to the tree, and profusely apologised for his treacherous and violent actions in the past. In bargain for same promise to share the reward, the bird said this time there is peace in the kingdom and the king could take up welfare works for citizens. A happy king rewarded the farmer with 50 gold coins. The man went straight to the tree, gave all the gold coins to the bird and sought forgiveness. &lt;br /&gt;
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The bird smiled and said gold coins were of no use to her. But few men can rise above the surroundings and prevailing atmosphere to behave like real men, she said and told the farmer to strive to be a real man who remains uninfluenced by the atmosphere of distrust and conspiracy. Prior to every election, politicians across the political landscape behave alike and trade charges against each other with the sole aim of winning votes. We hope times will change.&lt;br /&gt;
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= Sentences, concurrent or consecutive?=&lt;br /&gt;
==If for non-payment of fines, then consecutive/ 2018== &lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F09%2F22&amp;amp;entity=Ar01612&amp;amp;sk=5F1190DB&amp;amp;mode=text  Dhananjay Mahapatra, Sentences for non-payment of fine to run consecutively: SC, September 22, 2018: ''The Times of India'']&lt;br /&gt;
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The Supreme Court ruled that if a convict fails to pay the fines imposed on him for separate offences, the sentences for default in payment would run consecutively not concurrently.&lt;br /&gt;
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Five persons, convicted under Maharashtra Control of Organised Crime Act (MCOCA), were fined Rs 5 lakh each under three sections of MCOCA and upon default, they were to undergo imprisonment of three years for each section.&lt;br /&gt;
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In an appeal before a bench of Justices Abhay Manohar Sapre and Uday Umesh Lalit, senior advocate Colin Gonsalves said the cumulative fine was Rs 15 lakh and upon default, the convicts had to undergo further imprisonment of nine years, even after serving 14 years in jail. Gonsalves pleaded that the default sentences must run concurrently, that is for three years.&lt;br /&gt;
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Writing the judgment for the bench, Justice Lalit referred to provisions of Criminal Procedure Code and said, “The idea is clear, the default sentence is not to be merged with or allowed to run concurrently with a substantive sentence. Thus, the sentence of imprisonment for nonpayment of fine would be in excess of or in addition to the substantive sentence.”&lt;br /&gt;
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Explaining why the sentences should run consecutively and not concurrently, he said, “Theoretically, if the default sentences awarded in respect of imposition of fine in connection with two or more offences are to be clubbed or directed to run concurrently, there would not be any occasion for the person so sentenced to deposit the fine in respect of the second or further offences. It would effectively mean imposition of one single or combined sentence of fine. Such an exercise would render the very idea of imposition of fine with a deterrent stipulation while awarding sentence in default of payment of fine to be meaningless.”&lt;br /&gt;
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Referring to the case at hand, the bench said if default sentences awarded in respect of each of those three counts under MCOCA were directed to run concurrently, the accused may not be inclined to deposit fine for two of the three counts.&lt;br /&gt;
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=See also=&lt;br /&gt;
[[Supreme Court: India]] (mainly SC's rulings)&lt;br /&gt;
&lt;br /&gt;
[[Supreme Court, India: Administrative issues]]&lt;br /&gt;
&lt;br /&gt;
[[Supreme Court: India: Chief Justices]]&lt;br /&gt;
&lt;br /&gt;
[[Supreme Court: India: Sitting judges]]&lt;br /&gt;
&lt;br /&gt;
[[Judicial appointments, senior: India]] mainly the Collegium debate&lt;br /&gt;
&lt;br /&gt;
[[Judiciary: India (powers, functions)]]&lt;br /&gt;
&lt;br /&gt;
[[Judiciary, superior: India]]&lt;br /&gt;
&lt;br /&gt;
[[Judiciary: India]]&lt;br /&gt;
&lt;br /&gt;
[[Witness protection: India]]&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

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		<id>http://103.153.58.85/ind/index.php/Supreme_Court:_India</id>
		<title>Supreme Court: India</title>
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				<updated>2019-02-17T05:57:13Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: /* 2018, Jan: Four SC judges’ press conference */&lt;/p&gt;
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=Article 142 in The Constitution Of India 1949=&lt;br /&gt;
142. ''' Enforcement of decrees and orders of Supreme Court ''' and unless as to discovery, etc &lt;br /&gt;
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( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe&lt;br /&gt;
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(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself&lt;br /&gt;
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==‘A tool for judicial dictatorship’ ==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=OPINION-Article-142-cant-be-tool-for-judicial-03042017002030      C A Sundaram| Article 142 can't be tool for judicial dictatorship Apr 03 2017 : The Times of India (Delhi)]&lt;br /&gt;
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'' (The writer is a Supreme Court lawyer) '' &lt;br /&gt;
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As a committed democrat, I believe that an inefficient democracy is preferable to an efficient dictatorship and any form of absolutism, even by the judiciary, is unacceptable.&lt;br /&gt;
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The anathema of democracy is dictatorship, whether in the hands of an individual, a group or an institution. The very soul of a democracy is that the people's will is supreme. Howsoever wise be the 30 adorning the apex court and howsoever noble their motives, they can never speak for 1.2 billion people who speak through their representatives in the legislature.&lt;br /&gt;
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It is not a case of comparative wisdom or intellect since democracy itself owes its origins in Greece to the revolt against the rule of the intelligentsia. It is for this very reason that the founding fathers of our Constitution provided strictly for the separation of powers, which would maintain a balance and protect against any one institution overpowering or dominating the others.&lt;br /&gt;
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How then can 30 wise but unelected people exercise powers akin to legislation? More so, when the selection of future members into this august group is decided by five of their wisest, with none else given a me aningful role in such appointments. Such power to self-propagate has also been conferred by their own judgments.&lt;br /&gt;
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While the independence of the judiciary is to be strictly protected, with it comes the responsibility of acting within constitutional boundaries and resisting the temptation to venture into the terrain of other institutions in the absence of viola tion of constitutional and legal principles.&lt;br /&gt;
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Over the recent past, however, increasing powers are traced to Article 142 to decide a host of issues that would fall within the domain of other institutions. The exercise of such powers with no one to turn to against such exercise except the very body that had exercised the powers in the first place is certainly not democratic and bor ders on authoritarianism or at the very least, rule of the intelligentsia.&lt;br /&gt;
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Article 142 is an extraordinary power to be sparingly used where there is a legislative or executive void and comes into play when the conclusion is founded on statute or law but a remedy has to be created. Surely , its purpose is not replacing the wisdom of other institutions with that of the judiciary .&lt;br /&gt;
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''' The recent judgment ''' of the apex court overriding the objections of the states has also prohibited luxury hotels within 500 metres of a highway from serving liquor in restaurants, banquet halls or even to guests in their rooms.&lt;br /&gt;
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To name a few, Aero City in Delhi, Leela in Mumbai, and Grand Chola in Chennai are all subject to this embargo.Members cannot have a drink in iconic clubs like the Gymkhana. Even more surprising is that this fatwa was passed in a litigation expressing concern over liquor shops operating on the fringe of highways proving a temptation to passing motorists and encouraging drunk driving.&lt;br /&gt;
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The judgment was surprising as it is highly likely that a person going to Bukhara for dinner does so to break the monotony of his driving or that the hotel guest having a nightcap would be tempted to rush out and start driving.&lt;br /&gt;
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That stopping such people from drinking would make the highway safer defies logic. If it was to enforce a prohibition on the consumption of liquor, it was beyond the powers of the court and in the domain of the legislature. The only source relied on for the exercise of such power by the court is Article 142 of the Constitution which empowers it to pass orders to do complete justice to parties. Today it has become as uncertain and elastic in its use as an anteater's tongue.&lt;br /&gt;
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It is certainly not to decide that it would be more - wholesome for the populace if hotels legally built and legally serving numerous needs ought not to serve liquor since they may be used as a watering hole by thirsting motorists.&lt;br /&gt;
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==Art 142 used to end marriage after wife skips hearings==&lt;br /&gt;
[http://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2017%2F12%2F15&amp;amp;entity=Ar01703&amp;amp;sk=346BF5BD&amp;amp;mode=text  AmitAnand Choudhary, SC invokes extraordinary powers to end marriage after woman skips hearings, December 15, 2017: ''The Times of India'']&lt;br /&gt;
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The Supreme Court dissolved a marriage after the wife refused to respond to its notice to appear in court to contest the case. The husband had been fighting a legal battle for the last three years after his wife withdrew her consent for divorce after filing a joint petition in the family court.&lt;br /&gt;
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A bench of Justices R K Agrawal and Abhay Manohar Sapre invoked the SC’s extraordinary power granted under Article 142 to dissolve the marriage without hearing the wife as she refused to respond to its notice issued on the husband’s plea. The court said she was not interested in keeping the marital relationship alive and allowed the husband’s divorce plea. Article 142 empowers the SC to pass order as is necessary for doing complete justice in any cause or matter pending before it. The couple got married in 2013 but the relationship soured soon after and they agreed to separate. They filed a joint petition in the family court seeking dissolution of marriage through mutual consent. The wife thereafter did not appear before the court which finally dismissed the petition. The man then approached the High Court of Judicature at Hyderabad which refused to grant him divorce after his wife’s lawyer contended that she had not given consent.&lt;br /&gt;
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Agreeing to examine his plea, the apex court had issued a notice to the wife to file her response but neither she not her lawyer appeared to argue the case. She did not appear before the court on 18 dates when the matter was taken up for hearing.&lt;br /&gt;
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Taking into account her conduct, the apex court dissolved the marriage and said there was no dispute that the couple had entered into an agreement to end the marital relationship.&lt;br /&gt;
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=Contempt of court=&lt;br /&gt;
==Calcutta HC on contempt: SC==&lt;br /&gt;
&lt;br /&gt;
The Times of India, Sep 18, 2011&lt;br /&gt;
&lt;br /&gt;
The Jalpaiguri district court was shut for a month by people demanding a Calcutta high court circuit bench there and the high court convicted 18 people, including the DGP of the West Bengal police, editor of a local daily, an ex-MP, an MLA and the district magistrate, for contempt. &lt;br /&gt;
When they appealed against their conviction and six-month jail term, the tables were turned in the Supreme Court, which not only quashed the contempt proceedings but also faulted the high court for not taking timely action during the agitation to help keep the district court open. &lt;br /&gt;
&lt;br /&gt;
The protesting public started the agitation on December 15, 2006 outside the main gate of the district court and requested the judicial officers not to go to court. It continued for a month till January 15, 2007. &lt;br /&gt;
&lt;br /&gt;
A bench of Justices P Sathasivam and B S Chauhan said the agitation was peaceful and the judicial officers were not forcibly prevented from attending the court. However, it reiterated that “the administration of justice should never be stalled at the instance of anyone including the members of the bar even for any cause.” &lt;br /&gt;
&lt;br /&gt;
The SC found that there was no request from the district judge or from the registrar general of the HC for removal of the rostrum put up in front of the gate and clearing of the protesters. It disagreed with the HC’s view that the DGP disobeyed the Chief Justice’s order for restoration of the district court’s functioning.&lt;br /&gt;
== Siddaramaiah, Sahara and other cases==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=LEGALLY-SPEAKING-High-and-mighty-in-country-make-03102016014045  Dhananjay Mahapatra High and mighty in country make judiciary drag its feet, Oct 03 2016 : The Times of India]&lt;br /&gt;
&lt;br /&gt;
Siddaramaiah's Snub To SC Not 1st Case Of Defiance By A CM&lt;br /&gt;
&lt;br /&gt;
Defiance of the Supreme Court's orders have al ways invited stinging punishment. Sahara group chief Subrata Roy will testify to that. He spent more than two years in jail and yet is not safe from the wrath of law. Last week, he was in real danger of being dragged back to prison just because his counsel made some intemperate arguments to test the SC's patience.&lt;br /&gt;
&lt;br /&gt;
Again in Sept 2016, the Justice Lodha committee complained to the SC that the Board of Control for Cricket in India (BCCI) was impeding and defying implementation of reforms ordered by the apex court. Asking the BCCI to fall in line, the SC issued a “we will set you right“ warning.&lt;br /&gt;
&lt;br /&gt;
But last week also saw Karnataka repeatedly flouting the SC's orders for release of Cauvery water to Tamil Nadu. Three times in the past one month, the state disobeyed the SC's orders. The political class came together and the assembly passed a resolution restraining the government from releasing water.&lt;br /&gt;
&lt;br /&gt;
The SC had no option but to reiterate its orders notwithstanding the assembly resolution. CM Siddaramaiah told the SC in clear terms that given the “will of the people of Karnataka“, he would disobey the court's orders.&lt;br /&gt;
&lt;br /&gt;
In a democracy , rule of law is maintained only when the violator faces reprisal of law swiftly and unwaveringly . For a commoner, the wrath of law has always been swift but when it comes to a mighty state or a chief minister, the SC has always been a little lenient.&lt;br /&gt;
&lt;br /&gt;
It is not the first time that Karnataka has disobeyed SC orders. In 2002, the SC had issued contempt notice to then chief minister S M Krishna for disobeying its October 4, 2002 order for release of 9,000 cusecs of water into Mettur reservoir. The contempt proceedings gathered dust. After six years, the SC disosed of the contempt proce edings taking into account Krishna's unconditional apology for the disobedience filed through senior advocate Fali S Nariman, who continues to be the counsel for Karnataka in the Cauvery dispute.&lt;br /&gt;
&lt;br /&gt;
Is Siddaramaiah drawing inspiration from the past? Difficult to say but the SC faces a real dilemma. If it hauls up the CM for contempt, it would help his popularity soar. And there is no guarantee of his successor implementing the SC's orders. As regards Siddaramaiah, he would not mind facing the wrath of law to emerge a martyr a few months ahead of assembly elections.&lt;br /&gt;
&lt;br /&gt;
If the court does not take action, then it could encourage other states to defy its orders hiding behind the “will of the people“. And at present, it takes virtually nothing to whip up public hysteria.&lt;br /&gt;
&lt;br /&gt;
In 1992, then UP chief minister Kalyan Singh had given an undertaking to the SC to maintain status quo at the disputed Ram Janmabhumi-Babri masjid site. It was flagrantly violated and the structure was razed to the ground. The SC convicted him for contempt of court.&lt;br /&gt;
&lt;br /&gt;
In Mohd Aslam vs Union of India [1994 (6) SCC 442], the SC said, “It is unhappy that a leader of a political party and chief minister has to be convicted of an offence of contempt of court. But it has to be done to uphold the majesty of law. We convict him of the offence of contempt of court.Since the contempt raises larger issues which affect the very foundation of the secular fabric of our nation, we also sentence him to a token imprisonment of one day. We also sentence him to pay a fine of Rs 2,000.“ Is that the wrath of law ­ one day's imprisonment or a fine of Rs 2,000?&lt;br /&gt;
&lt;br /&gt;
Importantly, the SC had aid, “Respect for law and its nstitutions is the only assuance that can hold a plura st nation together. Any atempt to achieve solutions to ontroversies, however ideoogically and emotionally urcharged, not on the basis f law and through judicial nstitutions, but on the trength of numbers will subert the fundamental values f our chosen political orga isation. It will demolish ublic faith in the accepted onstitutional institutions nd weaken people's resolve o solve issues by peaceful eans. It will destroy respect or rule of law and the authoity of courts, and seek to plae individual authority and trength of numbers above he wisdom of law.“&lt;br /&gt;
&lt;br /&gt;
Contrast this to a very reent example in the US. No ess than Alabama Supreme ourt chief justice Roy S More was suspended because e had ordered junior judges o defy an order of the US Su reme Court which validated ame-sex marriage in June ast year. That is what is caled the wrath of law which perates on the basis of the axim “you be ever so high, he law is above you“.&lt;br /&gt;
&lt;br /&gt;
Unfortunately in India, the wrath of law has always remai ed inversely proportional to he position and popularity of n individual. The higher he stands, lesser the chance of him acing the wrong end of the judicial stick. It will be interes ng to watch how the `wrath of w' story unfolds in the SC .&lt;br /&gt;
&lt;br /&gt;
= Curative jurisdiction=&lt;br /&gt;
==2017: AG calls for a review== &lt;br /&gt;
[http://epaperbeta.timesofindia.com//Article.aspx?eid=31808&amp;amp;articlexml=SCs-flawed-curative-jurisdiction-needs-urgent-relook-says-29042017013011  Dhananjay Mahapatra, SC's flawed curative jurisdiction needs urgent relook, says AG, April 29, 2017: The Times of India]&lt;br /&gt;
﻿&lt;br /&gt;
&lt;br /&gt;
﻿&lt;br /&gt;
'''Observation Comes Day After SC Rejected Centre's Plea On AFSPA'''&lt;br /&gt;
&lt;br /&gt;
A day after the Supreme Court dismissed the Centre's plea to exempt armed forces' personnel from prosecution for encounter deaths in areas under the Armed Forces Special Powers Act (AFSPA), attorney general Mukul Rohatgi on Friday made a strong pitch for review of the curative jurisdiction and called it “unfair and flawed“.&lt;br /&gt;
&lt;br /&gt;
The SC had devised the curative jurisdiction in 2002 in its order in the Rupa Ashok Hurra case whereby a litigant could, as the last recourse, seek reconsideration of a judgment even after a review petition had been dismissed, on grounds of alleged violation of principle of natural justice and bias. A curative petition is considered in chamber by a bench that includes the three senior-most judges of the SC and the judges who had delivered the judgment in question. Rohatgi gave three grounds terming the process for cura for terming the process for curative petitions as “unfair and flawed“. He said, “If the judges who had delivered the judgment and dismissed the review petition were to be part of the bench to hear the curative petition, then it is obvious that the result would go the same way as the fate of the review petition. If the intention is to have a relook at the judgment, then the curative petition must be placed before a bench which does not include the judges who had delivered the judgment.“&lt;br /&gt;
&lt;br /&gt;
Speaking to TOI, the AG also faulted the procedure adopted in deciding curative petitions. “In camera proceedings are contrary to the notion of dispensation of justice under public gaze. The court proceedings in India are open to public, except in exceptional circumstances,“ Rohatgi said.&lt;br /&gt;
&lt;br /&gt;
The third ground, he said, was the absence of petitioner's counsel to argue before the bench dealing with the curative petition. “The procedure established through the Hurra judgment is not in accordance with the principles of natural justice and deserves a relook urgently,“ he said. On Wednesday, the SC up held its direction for mandatory registration of FIR against armed forces personnel, even in disturbed areas under AFSPA, for every encounter death despite the Centre pleading that this order could jeopardise efforts to maintain peace and security .&lt;br /&gt;
&lt;br /&gt;
In a chamber hearing without the presence of law officers for the Centre, a bench of Chief Justice J S Khehar and Justices Dipak Misra, J Chelameswar, Madan B Lokur an U U Lalit had dismissed the Union government's curative petition against the judgment delivered last year. “We find no merit in the curative petition,“ it said before rejecting the plea.&lt;br /&gt;
&lt;br /&gt;
By the July 8, 2016 order, the SC had negated the protection against prosecution available to armed forces under AFSPA. The Centre had said, “If the position maintained by the impugned order continues, it may one day be well-nigh impossible to maintain peace and security .“&lt;br /&gt;
&lt;br /&gt;
=High Courts’ judgements and the SC=&lt;br /&gt;
==Complimenting HCs==	&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F21&amp;amp;entity=Ar01302&amp;amp;sk=A1C1C65B&amp;amp;mode=text  Dhananjay Mahapatra, How often does SC compliment HCs? Every now &amp;amp; then, January 21, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The fulsome praise showered by the Supreme Court on the Delhi high court for deciding the sexual harassment case against filmmaker Mahmood Farooqui may appear to be against the run of play because of the perception that HC verdicts are routinely overturned by the apex court.&lt;br /&gt;
&lt;br /&gt;
However, a quick scan of important cases heard by the apex court by way of appeals against high court verdicts reveals that, contrary to the widely held impression, in the majority of cases the SC has not only agreed with the HCs but even rebuked state governments for contesting well-reasoned orders. There have, of course, been instances of the apex court faulting HCs for falling into error.&lt;br /&gt;
&lt;br /&gt;
“The Supreme Court needs to be complimented for complimenting the high court,” said a senior lawyer.&lt;br /&gt;
&lt;br /&gt;
In March last year, the Calcutta HC ordered the CBI to take hold of all material, including Narada sting operation videos allegedly showing Trinamool members taking bribe, and register a preliminary enquiry (PE) in 72 hours. The West Bengal government cried foul and accused the CBI of political vendetta and appealed in the SC. The apex court strongly criticised the Mamata Banerjee government, made its counsel apologise, and held that the appeal was “most unfortunate” deserving “outright rejection”.&lt;br /&gt;
&lt;br /&gt;
The SC had said: “We have perused the order under challenge and it emerges that the HC took into consideration the material which required holding of PE at the hands of the CBI. We find no infirmity with the determination of the HC as the rights of petitioners are fully protected.”&lt;br /&gt;
&lt;br /&gt;
In February 2015, the Delhi high court restrained Prasar Bharati from sharing the free live telecast feed of cricket matches available to Doordarshan with cable operators. In August last year, the SC said the HC had correctly decided the case and affirmed the order.&lt;br /&gt;
&lt;br /&gt;
The Delhi high court will also draw satisfaction in the SC fully endorsing its verdict convicting four persons and awarding them death penalty for the gang rape and murder of ‘Nirbhaya’ in December 2012. The Supreme Court, after minute scrutiny of every piece of evidence, found no infirmity in the HC judgment. It is one of those rare cases where the trial court, the HC and the SC were on the same page.&lt;br /&gt;
&lt;br /&gt;
In contrast, the 2001Parliament attack case shows how scrutiny of evidence at the higher levels of judiciary makes certain evidence, relied on by the trial court, appear doubtful. In this case, the trial court had awarded death sentences on Mohammad Afzal Guru, Shaukat Hussain Guru and SAR Gilani, and a five-year jail term to Afsan Guru. The HC upheld the death sentence for Afzal and Shaukat but acquitted Gilani and Afsan. The SC, despite terming the HC order “well reasoned”, awarded death only to Afzal, a 10-year jail term to Shaukat and upheld the acquittal of Gilani and Afsan.&lt;br /&gt;
&lt;br /&gt;
In November last year, the Supreme Court had upheld an Uttarakhand HC verdict approving the assembly speaker’s decision to disqualify nine MLAs for defecting from Congress and said it was a “well-reasoned order”. In December last year, the SC was again on the same page with the Delhi HC in refusing to accord ‘Vande Mataram’ status equivalent to that of the national anthem.&lt;br /&gt;
&lt;br /&gt;
Last month, it also agreed with theDelhi HC and dismissed a petition filed by AAP member Raghav Chadha, who had challenged the trial judge’s decision to summon him to face proceedings in a defamation case filed against him by finance minister Arun Jaitley for merely retweeting an allegedly defamatory statement by Delhi chief minister Arvind Kejriwal.&lt;br /&gt;
&lt;br /&gt;
However, there are occasions when the SC expressed annoyance with the HCs, as it did last year in the fodder scam case. The Jharkhand HC had said the scam was a product of one conspiracy and hence former Bihar CM and RJD chief Lalu Prasad could not be made to face conspiracy charge in fodder scam cases relating to different treasuries. The SC overturned the order and criticised the HC for “ignoring the settled principles of law” that instances of illegal withdrawal of crores of rupees from every treasury require a separate trial. That is how Lalu Prasad came to be convicted in the second fodder scam case and faces more trials.&lt;br /&gt;
&lt;br /&gt;
= Impeachment =&lt;br /&gt;
[https://www.indiatoday.in/magazine/up-front/story/20180416-cji-dipak-mishra-impeachment-supreme-court-1206276-2018-04-05#ssologin=1#source=magazine Faizan Mustafa , Judging our judges “India Today” 16/2/2018]&lt;br /&gt;
&lt;br /&gt;
Yet no judge has so far been impeached in India. In 2010, senior lawyer and former law minister Shanti Bhushan asserted, in an affidavit in the Supreme Court, that out of 16 chief justices of India, as many as eight were 'definitely corrupt'. There was a move to impeach CJI M.M. Punchhi for acquitting a person on the basis of a compromise in a matter of criminal breach of trust-which is a non-compoundable offence-for allegedly extraneous considerations, but the requisite number of MP signatures could not be procured for the impeachment motion. Last year, CJI J.S. Khehar too was mired in a controversy over the suicide note of former Arunachal Pradesh chief minister Kalikho Pul. Justice Markandey Katju too had made serious allegations about the extension given to a Madras High Court judge by three CJIs under political pressure from the DMK and UPA.&lt;br /&gt;
&lt;br /&gt;
The ill-conceived, half-hearted and unrealistic move to impeach CJI Dipak Misra on charges that are hard to prove should cue attempts to put in place a system of judicial accountability short of impeachment.&lt;br /&gt;
&lt;br /&gt;
A judge can be impeached by Parliament on grounds of 'proved misbehaviour or incapacity'. Judges hold office, not only in India but also in, say, Britain and the US, during what may be termed as 'good behaviour' periods. The CJI too can be impeached like any other judge as he is simply the first among equals. The Supreme Court itself has held that 'misconduct' is a relative term that could connote &amp;quot;wrong conduct or improper conduct&amp;quot;. The Judges (Inquiry) Bill, 2006, did include wilful, persistent failure to perform duties within the definition of 'misconduct', but it is difficult to argue that writing of fewer judgments or wrong judgments amounts to 'misconduct' or 'incapacity'.&lt;br /&gt;
&lt;br /&gt;
Public perception matters in the discharge of judicial functions. If there is even a baseless perception that the CJI and/ or other judges are under the influence of the government and matters in which the government is interested are given to pliant benches, it may be a worrisome sign for the independence of the judiciary. However, none of this, including the controversial constitution of a seven- and then five-judge bench with great alacrity to overturn a decision of a three-judge bench in the Lucknow medical college case, may really meet the stringent criteria of 'misconduct'.&lt;br /&gt;
&lt;br /&gt;
Corruption is a cognisable offence, yet in the Justice K. Veeraswami case (1991), the apex court laid down that no FIR can be filed against a judge without the permission of the CJI. Although the case was about corruption, the Supreme Court extended protection to all cases. If the allegation of corruption is against a Supreme Court judge, the President could order an investigation in consultation with the CJI. If the allegation was against the CJI, the President had to consult other judges and act on their advice. In CJI Khehar's case, since the allegations were not only against him but also against the then President (Pranab Mukherjee), Khehar rightly ordered that the matter be referred to an appropriate bench.&lt;br /&gt;
&lt;br /&gt;
The impeachment process is so time-consuming and tortuous that it practically gives judges immunity. We, therefore, must evolve other mechanisms to evaluate the performance of judges. Judicial accountability promotes at least three discrete values: the rule of law, public confidence in the judiciary, and institutional responsibility. Many US states have a 'merit plan' to evaluate judicial performance. States such as Arizona, California and Utah have Judicial Performance Review Commissions/ Councils. These consist of not only judges and lawyers but also laypersons. New York and Alaska have systems of evaluation by trained court observers who make unscheduled court visits. Judges are evaluated on their knowledge of law, integrity, sentencing, impartiality etc. Judges must be judged too, and we need mechanisms that enable this.&lt;br /&gt;
&lt;br /&gt;
=Judgements, famous=&lt;br /&gt;
==Disaster relief order: 2016==&lt;br /&gt;
[http://epaperbeta.timesofindia.com//Article.aspx?eid=31808&amp;amp;articlexml=SC-erred-in-disaster-relief-order-26052016011035 ''The Times of India''], May 26 2016&lt;br /&gt;
&lt;br /&gt;
Dhananjay Mahapatra&lt;br /&gt;
&lt;br /&gt;
In its over-zealousness to protect the lives of citizens reeling under severe drought in several states, the Supreme Court has erred in directing the Centre to set up a National Disaster Mitigation Fund (NDMF) under a non-operational statutory provision which had riled the government.&lt;br /&gt;
Led by finance minister Arun Jaitley , the government had accused the judiciary of wanton interference in the executive's exclusive domain of earmarking funds for various purposes under the budgetary exercise.&lt;br /&gt;
&lt;br /&gt;
The SC on May 11 had quoted Section 47 of the Disaster Management Act, which provides for setting up of NDMF for projects exclusively for the purpose of mitigation -measures aimed at reducing the risk of disaster.&lt;br /&gt;
&lt;br /&gt;
Slamming the government, the SC had said, “Although the DM Act has been in force for more than 10 years, the NDMF has not yet been constituted. Therefore, there is no provision for mitigation of a disaster.“ It said since the Centre had not set up NDMF, it was unlikely that states or district administrations would have set up disaster mitigation funds.&lt;br /&gt;
&lt;br /&gt;
“As mandated by Section 47 of the DM Act, 2005, a Na tional Disaster Mitigation Fund is required to be established. Unfortunately, no such fund has been constituted till date. Accordingly, we direct the Union of India to establish a National Disaster Mitigation Fund within three months,“ the bench said and set August 10 as the deadline to set up NDMF.&lt;br /&gt;
&lt;br /&gt;
While the anxiety to come to the rescue of those affected by droughts was reflected in the judgment of Justices Madan B Lokur and N V Ramana, the bench missed the fact that Section 47 of the DM Act was not yet notified. None of the counsel -neither additional solicitor general P S Narasimha nor the advocates appearing for states -drew the court's attention to the fact that Section 47 mandating setting up of NDMF was not notified by the government and, hence, remained non-operative.&lt;br /&gt;
&lt;br /&gt;
As a result of this mistake, the SC ended up directing the Centre to implement a provision of law which for all practical purposes is non-existent.&lt;br /&gt;
&lt;br /&gt;
A day after the SC directed the Centre to set up NDMF, Jaitley said the judiciary was progressively appropriating the executive's powers. “Step by step, brick by brick, the edifice of India's legislature is being destroyed,“ he said and his remark was appreciated by MPs cutting across party lines.&lt;br /&gt;
&lt;br /&gt;
==Setting up a Disaster Response Force==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=SC-also-erred-in-asking-govt-to-set-28052016012059 ''The Times of India''], May 28 2016&lt;br /&gt;
&lt;br /&gt;
'''SC also erred in asking govt to set up Disaster Response Force: ASG'''&lt;br /&gt;
﻿&lt;br /&gt;
&lt;br /&gt;
﻿&lt;br /&gt;
Additional solicitor general P S Narasimha on Friday said the Supreme Court erred not only in directing setting up of National Disaster Mitigation Fund (NDMF) but also in asking the Centre to set up a National Disaster Response Force (NDRF).&lt;br /&gt;
Responding to a TOI report published on Thursday, Narasimha said during the arguments on a PIL filed by `Swaraj Abhiyan', he had pointed out to the court that Section 47 of Disaster Management Act had left it to the Union government's discretion whether or not to set up NDMF by using the words “the government may“.&lt;br /&gt;
&lt;br /&gt;
“Apart from this, I had also pointed out to the court that National Disaster Re sponse Fund under Section 46 was already constituted and in fact been operated since 2010. During the course of hearing, I had elaborately pointed out the distinction between mandatory provisions and those which are enabling,“ he said.&lt;br /&gt;
&lt;br /&gt;
He added that he had also brought to the court's notice the rejection of a proposal to set up NDMF by the 13th Finance Commission, which was of the view that funds were already available to different ministries under the DM Act for mitigation measures connected to a disaster.&lt;br /&gt;
&lt;br /&gt;
“Surprisingly , in its judgment on May 11, the court directed constitution of NDMF. Equally erroneously, the judgment directed formation of NDRF, although such a force has already been constituted under Section 44 with the requisite manpower. This fact was brought to the notice of the bench by a senior officer of the disaster management authority who was present in the court,“ Narasimha said.&lt;br /&gt;
&lt;br /&gt;
The ASG objected to the TOI report which said that “the bench missed the fact that Section 47 of the DM Act was not yet notified as none of the counsel -neither additional solicitor general P S Narasimha nor advocates appearing for the states -drew the court's attention to this fact“. TOI had reported that the SC had erred by directing constitution of NDMF as Section 47 was nonoperational.&lt;br /&gt;
&lt;br /&gt;
He said attribution of this omission to him was erroneous as he had presented all facts before the court.“For these reasons, I promptly advised filing of a review petition as these findings constitute errors apparent on the face of the record,“ he said.&lt;br /&gt;
&lt;br /&gt;
However, none of the written submissions presented by the Centre to the court during the hearing mentioned the fact that non-notification of Section 47 barred the court from directing the government to constitute NDMF.&lt;br /&gt;
&lt;br /&gt;
=Judges=&lt;br /&gt;
==Advocates who gained straight entry to the SC==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=4-new-SC-judges-2-rarities-05052016001068 ''The Times of India''], May 5, 2016&lt;br /&gt;
&lt;br /&gt;
2016: Senior advocate L Nageshwar Rao joined a super-exclusive club of advocates to gain straight entry to the SC: Kuldip Singh, Santosh Hegde, U ULalit and R F Nariman. Rao was additional solicitor gene ral under both UPA and NDA before resigning in 2015.&lt;br /&gt;
&lt;br /&gt;
==Both father and son as SC judges==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=4-new-SC-judges-2-rarities-05052016001068 ''The Times of India''], May 5, 2016&lt;br /&gt;
&lt;br /&gt;
2016: The collegium headed by the Chief Justice of India recommended appointment to the Supreme Court of Allahabad HC chief justice DhananjayChandrachud. Justice Chandrachud's father Yeshwant was CJI from February 1978 to July 1985. Appointed a judge in Bombay HC at just 40, Chandrachud Junior has nine years of service left and a strong chance of creating history by also becoming CJI. Only once before have both father and son made it to the SC N H Bhagwati and P N Bhagwati, who went on to become CJI.&lt;br /&gt;
&lt;br /&gt;
=Judges' differences with the Chief Justice=&lt;br /&gt;
==2018, Jan: Four SC judges’ press conference==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/shock-sc-judges-press-conference-let-nation-decide-about-cjis-impeachment/articleshow/62471142.cms      Supreme Court judges' press conference: 'Let nation decide about CJI's impeachment' | Jan 12, 2018  | TIMESOFINDIA.COM]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
[[File: Some brief profiles of Justice Dipak Misra, Justice Chelameswar, Justice Ranjan Gogoi, Justice Kurian Joseph and Justice Madan B Lokur.jpg|Some brief profiles of Justice Dipak Misra, Justice Chelameswar, Justice Ranjan Gogoi, Justice Kurian Joseph and Justice Madan B Lokur &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01417&amp;amp;sk=983FB026&amp;amp;mode=text  January 13, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
[[File: 2018 Jan- WHAT THE JUDGES' LETTER to the CJI SAID.jpg|2018 Jan- WHAT THE JUDGES' LETTER to the CJI SAID;  &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01404&amp;amp;sk=1CD28F5D&amp;amp;mode=text  January 13, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
NEW DELHI: In an unprecedented move, four senior Supreme Court judges today called a press conference to express their displeasure with the Chief Justice of India (CJI) Dipak Mishra and with the way he was assigning cases.&lt;br /&gt;
&lt;br /&gt;
''' Highlights ''' &lt;br /&gt;
&lt;br /&gt;
*The four judges' letter to the CJI [in Nov 2017] airing their grievance about selective assigning of important cases&lt;br /&gt;
&lt;br /&gt;
*&amp;quot;The CJI is only the first among equals nothing more and nothing less&amp;quot;, they said&lt;br /&gt;
&lt;br /&gt;
*The judges acknowledged that what they were doing - in calling a press conference - was highly unusual&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The four judges+ ' wrote a letter to the CJI two months ago, airing their grievances about selective assigning of important cases to judges who are junior to them. They also said they have issues with the assignment of the case to do with the mysterious death of Justice BH Loya, who was hearing the Sohrabuddin fake encounter case.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The convention of recognising that CJI is the master of roster and assigns cases to different benches is for disciplined and efficient transaction of court business and not a recognition of superior authority,&amp;quot; they said in the letter.&lt;br /&gt;
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&amp;quot;The CJI is only the first among equals nothing more and nothing less&amp;quot;, they added.&lt;br /&gt;
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The judges were Justice Chelameswar, Justice Gogoi, Justice Lokur and Justice Kurian Joseph. They said they are speaking out because &amp;quot;democracy will not survive if the judiciary is not impartial&amp;quot;. [These four honourable judges ranked at nos.1, 2, 3 and 4 among  the 24 [[Supreme Court: India: Sitting judges ]], not counting the Hon. Chief Justice of India, who obviously was senior to them all.]&lt;br /&gt;
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The judges said they were annoyed that the medical college admissions scam was sent to court no 7 after a Justice Chelameswar headed bench sent it to a five-judge bench of himself, the CJI and Justices Gogoi, Lokur and Joseph.&lt;br /&gt;
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They also said they wanted to highlight unspecified irregularities in the judiciary and to say that the CJI Mishra isn't doing anything to remedy the situation, despite the letter they wrote him some months ago.&lt;br /&gt;
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When the Justices were asked if the issues were to do with the Collegium as well, they didn't confirm or deny it. When asked if CJI Mishra should be removed, one of them said, &amp;quot;Let the nation decide on his impeachment.&amp;quot;&lt;br /&gt;
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They said they sent the CJI the letter but didn't hear back, and then they met him again this morning, to no avail.&lt;br /&gt;
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&amp;quot;We collectively tried to persuade the CJI that certain things aren't in order so take remedial measures but unfortunately our efforts failed,&amp;quot; said Justice Chelameswar.&lt;br /&gt;
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The four judges said many &amp;quot;undesirable&amp;quot; things have occurred in the judiciary lately.&lt;br /&gt;
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&amp;quot;The administration of the SC is not in order and many things which are less than desirable have happened in last few months,&amp;quot; said Justice Chelameswar.&lt;br /&gt;
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A few minutes before the press conference, the SC said, separately, that the &amp;quot;mysterious death of Justice BH Loya is a serious issue&amp;quot;. They asked the Maharashtra government to present all documents to do with his death to the court on Monday. Justice Loya was hearing the Sohrabuddin fake encounter case and died under mysterious circumstances.&lt;br /&gt;
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The judges also had a grievance that the PIL seeking a probe into Justice Loya's death was assigned to court no. 10 and not to any of the first four benches other than CJI-led bench.&lt;br /&gt;
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The judges acknowledged that what they were doing - in calling a press conference - was highly unusual.&lt;br /&gt;
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=== A look at their career track and antecedents ===&lt;br /&gt;
[https://www.indiatoday.in/magazine/the-big-story/story/20180129-supreme-court-rebel-judges-cji-dipak-mishra-1148761-2018-01-19 Damayanti Datta , Brothers at war “ India Today” 29/1/2018]&lt;br /&gt;
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[[File: Brothers at war .jpg| Brothers at war [https://www.indiatoday.in/magazine/the-big-story/story/20180129-supreme-court-rebel-judges-cji-dipak-mishra-1148761-2018-01-19 .&amp;lt;br/&amp;gt; “ India Today”]|frame|500px]]&lt;br /&gt;
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===The events of that day===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F14&amp;amp;entity=Ar00903&amp;amp;sk=C743DE97&amp;amp;mode=text  Dhananjay Mahapatra, Judges’ presser sharpened double-edged swords wielded by activist lawyers, January 14, 2019: ''The Times of India'']&lt;br /&gt;
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It was Friday, January 12, 2018. Fridays in Supreme Court are busy days. But four seniormost judges wound up judicial work in 45 minutes. The SC corridor was agog with rumours about an impending unprecedented press conference by them. Journalists rushed to Justice Jasti Chelameswar’s official residence. History was made. The rumours came true. The judges cornered then CJI Dipak Misra.&lt;br /&gt;
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But Justice Chelameswar donned a worried look, his gaze fixed at the entrance of his residential bungalow. Explaining the worry lines on his forehead, he had said, “If the three johnnies don’t come, I will be in a soup as I had put my neck out.” The three — Justices Ranjan Gogoi, Madan B Lokur and Kurian Joseph — trooped in a little later. Justice Chelameswar sported a smile of relief.&lt;br /&gt;
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We all know what happened later — how an activist lawyer attended the presser, was stopped from asking questions by journalists and was closeted with Justice Chelameswar immediately after the press conference. How a Left leader went to meet Justice Chelameswar, how the presser was used to exert pressure on the then CJI by politician-lawyers to defer adjudication of Ayodhya case and how it became a ground for moving an unprecedented removal motion by Congress against the then CJI in Parliament.&lt;br /&gt;
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The presser further unnerved CJI Misra, who was on the back foot since November 2017 when Justice Chelameswar attempted to snatch the CJI’s power as ‘master of roster’ by setting up a fivejudge bench to hear a petition by ‘forum hunting’ activist-lawyers seeking a probe into the CJI’s alleged role in the medical college admission scam.&lt;br /&gt;
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CJI Misra had to hurriedly set up a five-judge bench to annul Justice Chelameswar’s order and reiterate the CJI’s sole prerogative in assigning a case to a particular bench and determining the number of judges on the bench. The CJI was damned by both the rebel judges and the activist-lawyers for allocating cases of national importance arbitrarily to select benches of “junior” judges perceived to have political leanings.&lt;br /&gt;
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Less than a year later, CJI Ranjan Gogoi notified a five-judge constitution bench to adjudicate the Ayodhya land dispute case. It surprised many as a three-judge bench on September 27 had rejected a demand for its reference to a five-judge bench and ruled that a three-judge bench would decide it.&lt;br /&gt;
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CJI Gogoi explained that he used his plenary powers under Order VI Rule 1 of Supreme Court Rules, 2013, to set up the five-judge bench. On wonders why the same rule was not the saviour for CJI Misra when he set up a five-judge bench for reiteration of the CJI’s prerogative in allocating cases to a bench and its numerical strength. While CJI Mishra was damned, the Muslim parties hailed CJI Gogoi saying “this is how a CJI must act”. If a CJI’s orders are favourable, activist-lawyers waste no time in crowning him as the most independent judge on earth.&lt;br /&gt;
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Allocation of petitions seeking probe into alleged suspicious death of judicial officer B H Loya to a bench headed by Justice Arun Mishra had triggered the January 12 presser. Justice Mishra recused. A&lt;br /&gt;
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three-judge bench led by CJI Misra heard the case and dismissed the petitions. They drew a lot of flak. The activist-lawyers missed no words in the dictionary to berate the then CJI.&lt;br /&gt;
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For any CJI, the SC is a pitch of quicksand prepared by activist-politician lawyers. The moment a judge gets into the post of CJI, these lawyers miss no opportunity to attempt to push him on the back foot to make sure the SC entertains their PILs, genuine as well as tainted, which give them immense clout in social, political and bureaucratic circles.&lt;br /&gt;
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A cornered CJI Misra reacted on expected lines and entertained a huge number of PILs. But CJI Gogoi is not one to be pushed on the back foot. When the CBI vs CBI PIL, followed by another on the Rafale aircraft deal, came up before him, he earned the ire of the same group of lawyers for the manner in which he surgically heard the cases without permitting lengthy arguments. Immediately, they turned against him.&lt;br /&gt;
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Even before the judgments were delivered, the activist-politician lawyers were at their usual work — spreading the word in the corridors and social media that CJI Gogoi would dismiss both petitions and that he was worse than CJI Misra. These lawyers have already started digging into the past to find some link to brand CJI Gogoi as close to the government. Such is the danger for a CJI.&lt;br /&gt;
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After his retirement, Justice Chelameswar had boasted that he had strived for transparency and objectivity in the collegium process for selection of judges to the SC and HCs. When he was part of the collegium, Justice Chelameswar had taken advantage of the then CJI’s proposal to abruptly change an earlier recommendation — a Karnataka HC judge’s transfer to Bombay HC was to be annulled and he was to be sent to Allahabad HC.&lt;br /&gt;
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Justice Chelameswar agreed, but with a quid pro quo — transfer a Kerala HC judge to Andhra Pradesh HC even though he knew that the HC judge, prior to his appointment, had given an affidavit to the SC to never press for his transfer back to AP HC. The CJI had to agree. But the Union government refused to act on this recommendation.&lt;br /&gt;
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The CJI Gogoi-headed collegium has now recommended transfer of that Kerala HC judge to Bombay HC, superseding its earlier recommendation. What is the status of transparency and objectivity, both then and now, which the judges’ press conference had pressed for?&lt;br /&gt;
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In SP Gupta case [1981 (sup) 1 SCC 87], described as the first judges’ case, the SC had said, “Unfortunately, it is the easiest thing to make false, reckless and irresponsible allegations against judges in regard to their honesty and integrity and in recent times, the tendency has grown to make such allegations against judges because they have decided the case in a particular manner, either against a dissatisfied litigant or contrary to the view held by a group or, section of politicians or lawyers or members of public.”&lt;br /&gt;
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How true today after nearly 40 years! When Justice Gogoi took umbrage to the Loya case allocation during the presser, activist-politician lawyers hailed him as the epitome of honesty, integrity, independence and fearlessness. In less than a year, the same lawyers have turned against him merely because he refuses to be cowed down by their tactics and continues to decide cases on merit, with or without meeting their expectations. Such is the life of a CJI, very lonely and unnerving.&lt;br /&gt;
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==The Five main issues that annoyed the Hon Judges==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/senior-sc-judges-press-conference-five-main-issues-that-annoyed-them/articleshow/62472066.cms     Senior SC judges' press conference: Five main issues that annoyed them | Jan 12, 2018|TIMESOFINDIA.COM]&lt;br /&gt;
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The four senior Supreme Court (SC) judges who called an unprecedented press conference today had grievances to do with the assignment of cases and how the Chief Justice of India Dipak Mishra was handling it. Here are the 5 main issues that annoyed them:&lt;br /&gt;
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1) The four senior judges+ believe that all important cases get heard by CJI-led bench and do not get distributed to other senior judges heading benches.&lt;br /&gt;
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2) The four judges also said there have been instances where cases that have far-reaching consequences for the nation and the judiciary were assigned by the Chief Justice selectively - to benches of their preference - and not based on rationality. &amp;quot;This must be guarded against at all costs,&amp;quot; said the 4 senior SC judges.&lt;br /&gt;
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3) Specifically, the Four judges were annoyed that a public interest litigation seeking a probe into Judge B M Loya's &amp;quot;mysterious&amp;quot; death was assigned to court no. 10 and not to any of the first four benches other than the CJI-led bench.&lt;br /&gt;
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4) The judges further had a simmering grievance about the medical college admissions scam being sent to court no 7 after a Justice Chelameswar headed bench sent it to a five-judge bench of himself, the CJI, himself, and Justices Gogoi, Lokur and Joseph. The medical college admissions scam is to do with the role of sitting and retired judges of high courts in enabling private medical colleges admit students to MBBS courses despite the apex court's order to the contrary.&lt;br /&gt;
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5) The four judges also said that it was wrong on part of CJI to head a small bench and deal with the memorandum of procedure when it was earlier heard by a five-judge bench.&lt;br /&gt;
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===They felt the ‘CJI was being remote-controlled’ ===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F03&amp;amp;entity=Ar00127&amp;amp;sk=4F4A6C0F&amp;amp;mode=text  Dhananjay Mahapatra, December 3, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: &amp;quot;Presser was Justice Chelameswar's idea&amp;quot;.jpg|&amp;quot;Presser was Justice Chelameswar's idea&amp;quot; &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F03&amp;amp;entity=Ar00127&amp;amp;sk=4F4A6C0F&amp;amp;mode=text  Dhananjay Mahapatra, December 3, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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'' ‘Judges With Perceived Bias Given Cases’ ''&lt;br /&gt;
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In a stunning claim, retired Supreme Court judge Kurian Joseph said he and three other most senior SC judges held their muchdiscussed press conference on January 12 as they felt that then CJI Dipak Misra was being controlled from outside and was allocating cases to judges with political bias.&lt;br /&gt;
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In an exclusive interview to TOI, Justice Joseph narrated in detail the turbulent times in the apex court, leading to the unprecedented press conference by him with three most senior judges — Justices Jasti Chelameswar, Ranjan Gogoi and Madan B Lokur. Asked what went wrong within four months of Justice Misra taking over as CJI, Justice Joseph said, “There were several instances of external influences on the working of the Supreme Court relating to allocation of cases to benches headed by select judges and appointment of judges to the Supreme Court and high courts.&lt;br /&gt;
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===’Held presser after all attempts failed’===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F03&amp;amp;entity=Ar01104&amp;amp;sk=92F63973&amp;amp;mode=text  Dhananjay Mahapatra, December 3, 2018: ''The Times of India'']&lt;br /&gt;
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“Someone from outside was controlling the CJI (Dipak Misra), that is what we felt. So we met him, asked him, wrote to him to maintain independence and majesty of the Supreme Court. When all attempts failed, we decided to hold a press conference,” former Supreme Court judge Kurian Joseph told TOI in an exclusive interview.&lt;br /&gt;
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Asked to elaborate on the “external influence”, Justice Joseph said, “Starkly perceptible signs of influence with regard to allocation of cases to different benches selectively, to select judges who were perceived to be politically biased.”&lt;br /&gt;
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Asked whether it was a unanimous decision to go for the press conference, he said, “Justice Chelameswar was the initiator of the idea of press conference. But we three agreed with him.”&lt;br /&gt;
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At the headline-hogging Press conference, the rebel judges questioned the functioning of then CJI Misra, including allocation of hearing of a petition seeking probe into the alleged suspicious death of judicial officer B H Loya to a bench headed by Justice Arun Mishra, who later recused from the case after a showdown with Justice Chelameswar at the routine morning meeting of SC judges on January 13.&lt;br /&gt;
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The presser and allegations of the then CJI getting cosy with the establishment were cited as grounds in the motion moved by Congressled opposition parties in the Rajya Sabha seeking Justice Misra’s removal. The notice for the motion was rejected by Rajya Sabha chairman M Venkaiah Naidu for lack of any convincing grounds.&lt;br /&gt;
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Born in a family with modest means, Justice Joseph persevered to rise in his profession, reaching the number three spot in the SC. His father was a clerk in the Kerala high court, where he started his practice in 1979 at the age of 26. He was appointed additional advocate general of Kerala in 1994 and was designated a senior advocate in 1996.&lt;br /&gt;
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“It was a proud moment for me when I took oath as a judge of the Kerala HC in 2000, the HC where my father had worked as a clerk. His meagre income was insufficient to run a large household comprising seven children. I used to go to school barefoot and got my first slippers when I was in Class 7,” he said.&lt;br /&gt;
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A deeply spiritual person, Justice Joseph believes that dispensing justice is a constitutional duty where compassion holds the balance. In his tenure of five years and eight months, he disposed of 8,612 cases and wrote over 1,000 detailed judgments.&lt;br /&gt;
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His prayer before deciding cases would humble the most knowledgeable, “I always had the same prayer on my lips when I heard a case: ‘God, let justice not be denied to a deserving person only because of my lack of knowledge or inadequate preparation on my part. And give me wisdom to discern justice in the case’.” Justice Joseph said he read each and every case file and his law clerks were utilised only for research purposes.&lt;br /&gt;
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==Allahabad HC, Devi Dayal case, 1959: CJ’s right to assign cases==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F22&amp;amp;entity=Ar02105&amp;amp;sk=8E903F63&amp;amp;mode=text  Dhananjay Mahapatra, SC may see transparency, but judiciary will pay price for presser, January 22, 2018: ''The Times of India'']&lt;br /&gt;
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No greater damage can be caused to the administration of justice and to the confidence of people in judicial institutions when judges of the higher courts publicly express lack of faith in the subordinate judges,” the Supreme Court had said more than two decades ago in Braj Kishore Thakur case [1997 (4) SCC 65]. The SC was commenting at the diatribe of an HC judge that a certain trial court judge did not have proper knowledge of law.&lt;br /&gt;
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Imagine the catastrophic damage to people’s faith in judiciary and administration of justice when four seniormost judges of the SC in a coup-like fashion engineered a tweet inviting the media to a certain judge’s residence, slipped out of the SC at noon on a busy Friday and stunned the world by holding a press conference expressing no confidence in the fairness of the Chief Justice of India in assigning sensitive cases of national importance. They alleged that these always went to hand-picked benches headed by junior judges. At the same time, they acknowledge that all judges in the SC were equal, hence no seniorjunior divide.&lt;br /&gt;
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Since 1950, various constitutional courts have frowned at litigants, lawyers and judges attempting to assign cases to a particular judge or bench. The Allahabad HC in Devi Dayal case [AIR 1959 Allahabad 421] had said, “It is only the chief justice who has the right and the power to decide which judge is to sit alone and which cases such judge can decide; further, it is again for the CJ to determine which judges shall constitute a division bench and what work those benches will do... It is for the CJ to allot work to judges and judges can do only such work as is allotted to them.” It went on to say that an order passed by a judge or a bench in a case would not be appropriate if that case had not been assigned to that judge or bench by the chief justice.&lt;br /&gt;
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The Allahabad HC ruling has been the signature tune of higher courts for the last six decades. In Narayan Shamrao Puranik case [AIR 1982 SC 1198], the SC had said, “The chief justice is the master of the roster. He has full power, authority and jurisdiction in the matter of allocation of business of the HC.” The CJ had this power not only as per rules but it “inheres in him in the very nature of things”.&lt;br /&gt;
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A full bench of Madras HC in 1991 in Mayavaram Financial Corporation Ltd had said, “The chief justice has the inherent power to allocate the judicial business of the high court including who of the judges should sit alone and who should constitute the bench of two or more judges. No litigant shall have a right to question jurisdiction of judges or the judge hearing the case. No person can claim as a matter of right that his petition be heard by a single judge or a division bench or a particular judge or a particular division bench. No judge or bench will assume jurisdiction unless the case is allotted to them under the orders of the CJ.”&lt;br /&gt;
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So, is the CJI’s decision to assign petitions on CBI special judge B H Loya’s death to a bench headed by a junior judge the real trigger for the unprecedented press conference? Or, was there more to it than meets the eye? Was the rebellion fuelled by personal ambitions of a certain someone? Or were there lawyerpoliticians who conspired to scuttle the exclusive prerogative of the CJI in assigning cases? Could it also be because the CJI appeared to expedite hearing in a seven year-old appeal in a certain 70-year-old ‘sensitive’ litigation brushing aside feverish and persistent pleas of lawyer-politicians to post it to July 2019? Did certain lawyers act as catalysts for the eruption in the press conference? Why did a lawyer who represents a petitioner in the Loya case attend the press conference and get closeted with the judge at whose house the presser was held? It is hard to lift the veil on the real cause behind the press conference.&lt;br /&gt;
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Sitting atop a pyramidal three-tier justice delivery system, the SC has been serving as the final arbiter of all kinds of disputes — political, social, economic and personal. By the very nature of judicial decisions, most often only one party to the dispute emerges victorious in a litigation. With stakes running high in cases, especially in commercial and public interest litigations which with time have become more and more political interest litigations, the lawyers seek an escape route for their failure in the SC by pushing the blame at ‘bad assigning’ of the case.&lt;br /&gt;
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In the age of free speech, dissent and accusations spread faster than plague on social networks. If one praises a certain judge, he will be branded a stooge and social media will register hundreds of likes from people who have no knowledge either about&lt;br /&gt;
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the person being targeted or the judge. Rumours travel faster than electricity and easily get accepted as ‘fact’ on social media. Take for example, an invitation extended to the media by the NALSA executive chairman, a very senior SC judge, to explain the help it is going to render to lakhs of poor litigants in the hinterland through legal clinics. Despite 24 hours notice, only a few journalists, mostly those who cover the apex court daily, turned up. In contrast, just a tweet went out hinting about the press conference of four senior judges barely half an hour before the event. It attracted swarms of print and electronic media journalists, including eminent ones who seldom cover courts.&lt;br /&gt;
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A seasoned politician would have been surprised by the media response at such short notice.&lt;br /&gt;
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The press conference’s attempt to demolish the unitary command structure of the CJI for assignment of cases appears to herald a coalition era in the SC and possibly would percolate to HCs. In the coalition era on the political front, a government, holding reins of power through a slender majority, was dependent on every single MP. This allowed each MP to have his coterie comprising intellectuals, journalists and activists. Thus, in the coalition era, a lot of people were happy as it served their personal ambitions and interests. In a single party government, there is a drastic reduction in the number of key MPs, which in turn shrinks the population of those thriving on patronage in these three tribes.&lt;br /&gt;
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Is judiciary going to see a similar coalition era after the press conference, when not only judges but lawyers, especially the activists and the brazenly belligerent ones, will have a say in deciding which judge should hear which case? Though the press conference might just be the bitter dose required for ushering in transparency in assigning of cases to benches, it has set a precedent for other judges.&lt;br /&gt;
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They now have the licence to hold a press conference whenever they feel the CJI, an HC CJ or any judge is doing anything wrong, even on a wrong perception.&lt;br /&gt;
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The press conference’s attempt to demolish the unitary command structure of the Chief Justice of India for the assignment of cases appears to herald a coalition era in the apex court and possibly would percolate to the high courts&lt;br /&gt;
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==Retired judges', AG's and lawyers' reactions==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/turmoil-in-supreme-court-top-developments/articleshow/62475813.cms     Turmoil in Supreme Court: Top developments|   Jan 12, 2018 | TIMESOFINDIA.COM]&lt;br /&gt;
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In what could be seen as possible damage control, ''' Attorney General ''' KK Venugopal hinted to ANI that the turmoil could be resolved by [the next day], even as he stressed that the press conference &amp;quot;could have been avoided.&amp;quot;&lt;br /&gt;
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&amp;quot;Today's press conference could have been avoided, but the Supreme Court judges are all statesman with vast experience and knowledge, and I am sure by tomorrow, the entire issue would be &lt;br /&gt;
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Sources in the government told news agency PTI that the conflict was an &amp;quot;internal&amp;quot; matter of the judiciary. This may reflect the ''' government's reluctance to interfere ''' &lt;br /&gt;
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Government sources, however, added that the apex court should settle the issue at the earliest as the faith of the people in the judiciary is at stake&lt;br /&gt;
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[http://www.indpaedia.com/ind/index.php/Supreme_Court:_India#.E2.80.98The_integrity_of_the_institution.E2.80.99    Supreme Court judges' press conference: Other judges' and lawyers' reactions | Jan 12, 2018 | TIMESOFINDIA.COM]&lt;br /&gt;
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Highlights&lt;br /&gt;
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Four senior Supreme Court (SC) judges today called an unprecedented press conference today acknowledged that what they were doing - in speaking to the media - was highly unusual. &amp;quot;This is an extraordinary event and it is with no pleasure we are doing this...We are left with no choice but to address the nation,&amp;quot; said Justice Chelameswar. Here is what other lawyers and some former SC lawyers have to say about that:&lt;br /&gt;
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* PB Sawant, former Supreme Court judge: Judges had to come before media &amp;amp; take this unprecedented step. This means that there is a serious dispute, either with CJI or some internal dispute.&lt;br /&gt;
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* Justice R.S. Sodhi: Issues don't matter. It is their complaint on administrative matter. They are only 4, there are 23 others. 4 get together and show the Chief Justice in a poor light. It is immature and childish behaviour. I think all 4 judges should be impeached, they have no business to sit there and deliver verdicts anymore.&lt;br /&gt;
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*Mukul Mudgal, retired high court judge: There must be some serious reason that they were left with no other option but to hold a press conference. But what connection does Loya have with this? I know nothing about this and I don't want to make comments about any political matter&lt;br /&gt;
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* Indira Jaising, Supreme Court advocate: I think it's a historic Press Conference. It was very well done. I think we, the people of India, have a right to know what is going on within the judiciary and I welcome this.&lt;br /&gt;
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* Salman Khurshid, senior advocate and Congress leader: Deeply sad and pained, also feel a sense of agony that the highest court of the land should come under such severe stress that forces judges to address the media.&lt;br /&gt;
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* Prashant Bhushan, lawyer and politician: It is certainly a very serious development which has cast a huge shadow on the Chief Justice. Somebody had to confront the situation, where CJI is blatantly misusing his powers, hence the unprecedented step (by the 4 judges).&lt;br /&gt;
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*Senior lawyer KTS Tulsi: I am sure they (four judges) have exhausted all other remedies. One could see pain on their faces while they were speaking. The whole matter is with respect to judicial propriety. The question is of natural justice. Whatever is the law for common man, it is applied much more rigorously as far as judges are concerned because they must always be above suspicion&lt;br /&gt;
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* BJP MP Subramanian Swamy: We can't criticize them, they are men of great integrity and have sacrificed a lot of their legal career, where they could've made money as senior counsels. We must respect them. The PM must ensure that the 4 judges and the CJI, in fact, the whole SC come to one opinion and proceed further.&lt;br /&gt;
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(With inputs from agencies)&lt;br /&gt;
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== Lawyer-politicians fanned the flames==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F03%2F05&amp;amp;entity=Ar01100&amp;amp;sk=3A9E7559&amp;amp;mode=text  Dhananjay Mahapatra, Lawyer-politicians ran with hares and hunted with the hounds after Jan 12 presser, March 5, 2018: ''The Times of India'']&lt;br /&gt;
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The unprecedented press conference by four seniormost Supreme Court judges on January 12 shattered the calm exterior of the judiciary. Most of the four wanted to “discharge their debt to the nation” by informing the public about the “anomalous” administrative decisions of the Chief Justice of India.&lt;br /&gt;
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They were naive to assume that their going public would force a course correction in the CJI’s administrative decisions, which included assigning of cases to benches headed by “junior” judges. After watching the unfolding events from close quarters, one is sure they would not have imagined that a simple “debt discharging” press conference would inflict a deep wound on judicial independence, invite political interference and, worse, allow lawyer-politicians to adopt a “run with the hare and hunt with the hounds” strategy to attempt to pressurise the CJI.&lt;br /&gt;
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The four judges candidly said that allocation of petitions seeking a probe into judicial officer B H Loya’s death to a “junior SC judge” was the tripping point.&lt;br /&gt;
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In reality, it was the personal perception about handling of the medical scam case, coupled with a judge’s unflagging ambition to achieve the unattainable, which fuelled the rebellion.&lt;br /&gt;
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Lawyer-politicians seized the opportunity and added two more cases — one, sudden activation of a dormant Ayodhya case on the request of BJP leader Subramanian Swamy and second, reopening of 1984 anti-Sikh riot cases by appointment of a committee headed by former Delhi HC judge S N Dhingra — to target the CJI.&lt;br /&gt;
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On the political front, these lawyer-politicians kept the CJI on tenterhooks by strongly lobbying with their party bosses to initiate a motion for the CJI’s removal. In court, they seamlessly slipped into black robes and smilingly argued before the bench seeking relief in politically sensitive cases.&lt;br /&gt;
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The SC had not experienced the machinations of such lawyer-politicians when it said in C Ravichandran Iyer case [1995 (5) SCC 457], “The judges of higher echelons should not be mere men of clay with all the frailties and foibles, human failings and weak character which may be found in those in other walks of life.&lt;br /&gt;
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They should be men of fighting faith with tough fibre not susceptible to any pressure — economic, political or any sort.”&lt;br /&gt;
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It is easy to say that judges must be of tougher material than lawyers, the community from which they are mostly drawn. But a threat to bring removal motion against a judge as a sinister design to make him cower in fear of ignominy has its effect on a man who also lives within society’s bounds.&lt;br /&gt;
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While lawyer-politicians attempted to reap advantage in important cases having political ramifications by attempting to subdue the CJI, the executive too found the fluid situation a fertile ground to undermine judicial independence. Though mercifully it did not interfere in the internal impasse, it definitely took advantage of lack of unity within the collegium to stall appointment of SC and HC judges.&lt;br /&gt;
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So, what did the press conference achieve? It is doubtful whether the grievance about allocation of cases to “junior” judges has been addressed. But surely, it opened the field for political and executive interference in judiciary? In 1995, two bar associations of Bombay (now Mumbai) passed resolutions demanding resignation of then Chief Justice of Bombay HC A M Bhattacharjee, alleging that an astronomical amount was paid by a foreign publisher to market two books authored by him abroad and that this could influence the CJ’s judicial decisions given the lawyers involved in striking the deal. This issue was brought before the SC by one Ravichandran Iyer. The SC had said that except Parliament dealing with a removal motion, “no other forum or fora or platform is available for discussion of the conduct of a judge in the discharge of his duties as a judge of the SC or HC, much less a bar council or a group of practising advocates. They are prohibited to discuss the conduct of a judge in the discharge of his duties or pass any resolution in that behalf ”.&lt;br /&gt;
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Referring to the “extraordinary complexity of modern litigation”, the SC had in the same judgment said, “The independence of judiciary is not limited only to independence from executive pressure or influence, it is a wider concept which takes within its sweep independence from any other pressure and prejudices. It has many dimensions, viz, fearlessness of other power centres, economic and political, freedom from prejudices acquired and nourished by the class to which the judge belongs.”&lt;br /&gt;
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The SC also talked about judicial individualism. It said every judge in constitutional courts enjoyed individual freedom and peers could not exert pressure to make him act in a charted manner.&lt;br /&gt;
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To buttress this argument, the SC had quoted the dissenting opinion of two US Supreme Court judges in the 1970 case ‘Stephen S Chandler vs Judicial Council of the Tenth Circuit of the US’.&lt;br /&gt;
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The dissenting judgment said, “Once a federal judge is confirmed by the Senate and takes his oath, he is independent of every other judge. He commonly works with other federal judges who are likewise sovereign. But neither one alone nor any number banded together can act as censor and place sanctions on him... Some judges may be displeasing to those who walk in more measured, conservative steps but those idiosyncrasies can be of no possible constitutional concern to other federal judges.” It is time SC and HC judges took stock of the fallout of the presser and put heads together to devise ways and means to ward off political, executive and economic powers ever so eager to exert influence on the judiciary, undermining the cardinality of judicial independence.&lt;br /&gt;
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==Differences first erupted over medical scam PIL==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/simmering-differences-in-supreme-court-had-first-erupted-over-medical-scam-pil/articleshow/62480997.cms  Dhananjay Mahapatra, January 13, 2018: ''The Times of India'']&lt;br /&gt;
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''Simmering differences in Supreme Court had first erupted over medical scam PIL''&lt;br /&gt;
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NEW DELHI: The closing of ranks in the judiciary, witnessed in the National Judicial Appointments Commission (NJAC) case three years ago when the Supreme Court (SC) revived the collegium system for the selection of judges to constitutional courts, lay in tatters on Friday when the simmering discontent among the top five SC judges burst out in the open. &lt;br /&gt;
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'''How cases are allocated in Supreme Court '''&lt;br /&gt;
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The immediate trigger for the unprecedented press conference by the four most senior judges — Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph — may have been CJI Dipak Misra's refusal to accede to their request to delete the PIL seeking a probe into CBI judge B M Loya's death from the list of business before court number 10 but the discontent over not being assigned important cases that get space in newspapers and TV channels was simmering for a long time, even before Misra took over the top post in August last year. &lt;br /&gt;
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Justice Chelameswar had protested against the manner in which the collegium functioned and even kept away from its meetings while deciding to put written comments on file for the selection of judges of the SC and HCs during the tenure of then CJI T S Thakur and continued with his stand during CJI H S Khehar's term. However, he had joined collegium meetings during CJI Misra's term. &lt;br /&gt;
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'''What the rift in SC is about '''&lt;br /&gt;
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The first of the major differences between Justice Chelameswar and CJI Misra surfaced in public when a PIL filed by the Committee for Judicial Accountability and Reforms alleging judges' involvement in a medical scam was mentioned for urgent hearing before a bench headed by Justice Chelameswar in December last year. Justice Chelameswar put it up for hearing the next day. But, as is the practice in the SC, the petition got referred to the CJI as the master of roster and he assigned it to a bench headed by Justice A K Sikri. &lt;br /&gt;
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But before the Justice Sikri-led bench could hear it the next day, another petition by advocate Kamini Jaiswal, which was identical to the one filed by the NGO, was mentioned for hearing before the bench headed by Justice Chelameswar with a prayer for urgent hearing. Justice Chelameswar ordered a hearing on the petition at 12.45pm and passed an order placing the petition before a five-judge bench comprising the CJI and the next four most senior judges. &lt;br /&gt;
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As veiled allegations were made against the CJI, with the petitioner's counsel mentioning the arrest of a former Orissa HC judge by the CBI for allegedly taking a bribe to fix a case relating to a medical college, the petition drew massive attention. The other bench headed by Justice Sikri ordered the matter to be placed before the CJI for hearing before an appropriate bench. &lt;br /&gt;
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With Justice Chelameswar virtually taking over the function of the CJI in assigning the petition to a Constitution bench, the CJI hurriedly convened a seven-judge bench, which, within minutes, got reduced to a five-judge bench, and a decision came swiftly that no judge other than the CJI can assign a petition to a particular bench as the CJI is the master of the roster. It annulled Justice Chelameswar's order and assigned the petition by Jaiswal to a bench of Justices R K Agrawal, Arun Mishra and A M Khanwilkar, who are no. 8, 10 and 17, respectively, in the hierarchy. &lt;br /&gt;
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Privately, the senior judges shared their anguish over the CJI not reposing trust in any of them with important cases. Later, the non-assigning of important cases to them, culminating with the petition on Loya's death, triggered the public outburst.&lt;br /&gt;
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==Trigger: Denial of senior bench for PIL on Judge Loya’s death==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar00312&amp;amp;sk=E2D6984D&amp;amp;mode=text  Dhananjay Mahapatra, Final trigger: Rejection of demand for senior bench to hear PIL on judge death, January 13, 2018: ''The Times of India'']&lt;br /&gt;
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New Delhi: The final trigger for the stunning press conference by the four seniormost judges of the Supreme Court came at 10.15am on Friday — just 15 minutes before commencement of proceedings — when&lt;br /&gt;
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Chief Justice Dipak Misra bluntly turned down their last-minute request to shift a politically sensitive case from a particular apex court bench.&lt;br /&gt;
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The CJI made it clear that he would not break tradition, backed by a recent five-judge bench decision giving him sole discretion to assign cases to benches of his choice.&lt;br /&gt;
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On Thursday, a CJI-led bench had admitted a public interest litigation (PIL) seeking a probe into the death of B H Loya, who as special CBI judge was hearing the case of gangster Sohrabuddin Sheikh’s “fake” encounter.&lt;br /&gt;
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The four judges — all members of the crucial collegium by virtue of being No. 2 to No. 5 in seniority — thought that a matter of importance to the integrity of the judiciary and to the nation should be assigned to a bench headed by a judge who was more senior than Justice Arun Mishra, who is 10th in the pecking order of the 25 Supreme Court judges.&lt;br /&gt;
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With the CJI refusing to heed the demand, the rebellious quartet hurriedly called the media at noon after quickly completing the day’s work.&lt;br /&gt;
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Loya died in Nagpur on December 1, 2014. The CBI court subsequently acquitted BJP president Amit Shah, who was among the accused, along with a few others.&lt;br /&gt;
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Supreme Court sources said Misra’s decision was backed by the November 2017 verdict saying the CJI was “master of the roster” and was free to assign cases to any bench and determine the number and composition of judges on a bench.&lt;br /&gt;
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Disappointed by the rejection of their request, the four judges told CJI Misra that they would act as they deemed fit. All four, heading separate benches from court numbers 2 to 5, finished their day’s work within one-and-ahalf hours and rushed to Justice Chelameswar’s house for a press conference which started at 12.20 pm.&lt;br /&gt;
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The CJI’s office said the chief justice has made it clear that he would not break with tradition giving him sole discretion to assign cases to benches of his choice.&lt;br /&gt;
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'''CJI’s office uses rebels’ quote, asks if all are equal, what is the fight'''&lt;br /&gt;
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Cases have been assigned by ex-CJIs — Justices H L Dattu, T S Thakur, J S Khehar — as per their discretion and the present CJI is not doing anything that is contrary to the tradition backed by the constitution bench ruling, sources in the CJI’s office said.&lt;br /&gt;
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This assertion by the CJI’s office found reflection in the letter written by the four seniormost judges to the CJI two months ago. It had said: “There have been instances where cases having far-reaching consequences for the nation and the institution had been assigned by the Chief Justices of this Court selectively to the benches ‘of their preference’ without any rationale basis for such assignment. This must be guarded against at all costs”.&lt;br /&gt;
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The letter also said: “The convention of recognising the privilege of the CJI to form roster and assign cases to different members/benches of the SC is a convention devised for disciplined and efficient transaction of business of the court but not a recognition of any superior authority, legal or factual of the CJI over his colleagues. It is too well settled in the jurisprudence of this country that the CJI is only the first among equals — nothing more or nothing less.”&lt;br /&gt;
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The CJI’s office used this quote and said if these most senior judges were equal to the so-called junior judges in the court, then “what is the grievance against a case getting listed before judge X or judge Y?”&lt;br /&gt;
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==‘Super sensitive’ cases that went to junior SC judges: 1997-2017==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F15&amp;amp;entity=Ar00302&amp;amp;sk=9A55AF0D&amp;amp;mode=text  Dhananjay Mahapatra, January 15, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: 1997-2017-  15 ‘super sensitive’ cases that went to junior SC judges.jpg|1997-2017-  15 ‘super sensitive’ cases that went to junior SC judges &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F15&amp;amp;entity=Ar00302&amp;amp;sk=9A55AF0D&amp;amp;mode=text  Dhananjay Mahapatra, January 15, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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'''See graphic''':&lt;br /&gt;
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''1997-2017-  15 ‘super sensitive’ cases that went to junior SC judges''&lt;br /&gt;
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[''15 ‘super sensitive’ cases in past 20 years went to junior SC judges'''&lt;br /&gt;
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The dramatic press conference by the four seniormost Supreme Court judges to allege that sensitive and important cases were being assigned to “select benches” headed by junior SC judges in the last few months — a charge intended to target Chief Justice Dipak Misra — appears contrary to the way in which such cases have been allotted in the past 20 years.&lt;br /&gt;
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TOI tracked the most ‘sensitive cases of national importance’ in the last two decades. Of them, at least 15 — including those relating to the Bofors scam, Rajiv Gandhi’s assassination, L K Advani’s trial in the Babri Masjid demolition case, the Sohrabuddin Sheikh fake encounter, Best Bakery and the case that changed how BCCI is run — all have one thing in common. They were assigned by the then CJIs not to any of the four seniormost judges of the SC but to ‘select benches’ headed by junior judges.&lt;br /&gt;
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There is little evidence to suggest that seniority of judges is a criterion for allocation of cases, as was suggested by the quartet of Justices J Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph in their letter to the CJI. The manner in which successive CJIs have assigned cases points to a more random selection of benches.&lt;br /&gt;
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Though the dissenting judges did not mention particular cases, apart from confirming that the case of Judge B H Loya was one, the view that “less senior” benches are not as competent does not seem to have been shared by past CJIs.&lt;br /&gt;
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'''Rajiv murder case was assigned to three junior Supreme Court judges'''&lt;br /&gt;
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Some legal experts have argued that the argument raised by the senior SC judges casts a shadow over the independence of other benches and this requires some supportive evidence. Other opinion has held that there is merit in the charges of ‘bench fixing’ levelled by the senior judges and requires a response by the CJI who has held that the roster is his domain as has been the case in the past. Those who disagree with the rebel judges point out that the suggestion that an effort to discreetly &amp;quot;help&amp;quot; the government in cases that might embarrass it needs to be backed up or could be seen as a means to pressure benches hearing various cases.&lt;br /&gt;
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The first of the important cases tracked by TOI relates to appeals filed in 1998 by Nalini and others challenging their conviction and death sentence in the Rajiv Gandhi assassination case. At that point of time, it was the most high profile case in the country. But the then CJI assigned it to three junior judges — K T Thomas, D P Wadhawa and S S M Qadri who sat in courts much farther than those headed by the fifth seniormost SC judge. No questions were raised over selection.&lt;br /&gt;
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In 1999, the CBI filed a new chargesheet in the Bofors case, making stunning allegations. NRI industrialist brothers Srichand and Gopichand Hinduja were made accused. The trial court refused bail. When they came to the SC seeking bail, the then CJI assigned it to court number 8, headed by junior judge M B Shah. They got bail by putting Rs 15 crore bonds. This was not regarded as 'bench fixing' by the then CJI.&lt;br /&gt;
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Advocate Lily Thomas filed a writ petition in 2005 seeking disqualification of MPs and MLAs upon their conviction and sentence for two or more years. Elected representatives were used to holding on to their memberships in Parliament and assemblies by filing an appeal. This game changing petition was assigned by the then CJI to court number 9, which was headed by Justice A K Patnaik, then a junior judge.&lt;br /&gt;
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The Best Bakery case came to SC in 2004 through a writ petition filed by Zahira Habibullah Sheikh. The Gujarat riots case, which earned the then Gujarat government the tag of 'modern day Nero', was handled by then junior judge Justice Arijit Pasayat sitting in court number 11.&lt;br /&gt;
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Rubabuddin Sheikh, brother of Sohrabuddin who was killed in a fake encounter, filed a writ petition in 2007. The case, which turned out to be politically crucial for Amit Shah and Gujarat police, was assigned to a bench sitting in court number 11 headed by Justice Tarun Chatterjee, one of the junior most SC judges at that time. Orders from the court created trouble for BJP and its leadership in Gujarat and did not attract any comment from activist lawyers about possible 'bench fixing'.&lt;br /&gt;
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In 2009, renowned advocate Ram Jethmalani launched a crusade against black money by filing a petition in the SC. The case, which became an election issue in 2014, was handled by court number 9 and by a bench of then 'junior judges' Justices B Sudershan Reddy and S S Nijjar. A year later in 2010, an NGO led by advocate Prashant Bhushan brought the case relating to alleged irregular allotment of 2G spectrum and the then CJI assigned it to court number 11 of Justices G S Singhvi and A K Ganguly. No one can fault the way they handled the case despite being juniors.&lt;br /&gt;
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The same year, the Delhi HC gave a landmark judgment decriminalising consensual sexual relationship in private between adults of LGBTQ community. The appeal by one Suresh Kumar Kaushal in the SC was assigned by to court number 11where a bench headed by Justice G S Singhvi heard it for the first time.&lt;br /&gt;
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In 2011, the CBI filed an appeal, after much dithering, questioning the Allahabad HC decision to drop conspiracy charge against L K Advani and a host of BJP stalwarts in the Babri masji demolition case. In March 4, 2011, the case was heard in court 8 by a bench of Justices V S Sirpurkar and T S Thakur. The bench changed to Justices H L Dattu and Chandramauli Prasad in court 11, then to court number 9 of Justices M Y Eqbal and Arun Mishra in 2016. It passed on to court number 6 of Justices P C Ghose and R F Nariman which gave judgment on April 19 last year reviving the conspiracy charge.&lt;br /&gt;
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In 2012, four explosive PILs were filed — irregular allotment of coal blocks that came close to singe then PM Manmohan Singh, validity of Aadhaar, validity of 66A of Information Technology Act and an alleged sexual assault case against Rahul Gandhi. The coal scam petition by advocate M L Sharma was assigned to a bench headed by Justice R M Lodha sitting in court number 7.&lt;br /&gt;
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The petition challenging the validity of Aadhaar was the only exception to the general rule as it was assigned to court number 5, headed by Justice B S Chauhan. Still the judges with seniority at two, three and four could harbour a grievance why it was not assigned to them by the CJI.&lt;br /&gt;
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An appeal filed by one Kishore Samrite presented a judgment passed by Allahabad HC, which had dismissed Samrite's petition with a cost of Rs 50 lakh, of which Rs 20 lakh was to be given to Rahul Gandhi. The then CJI assigned this to a bench of Justices V S Sirpurkar and T S Thakur in court number 8 and then changed the bench to Justices B S Chauhan and Swatanter Kumar, which dismissed it with a cost of Rs 5 lakh on Samrite.&lt;br /&gt;
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==Seniority is a sacred principle for judges==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01400&amp;amp;sk=6135F966&amp;amp;mode=text  Dhananjay Mahapatra, January 13, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: The numbering and organisation of the Supreme Court of India’s (upto) twelve counts, and the allotment of work to them.jpg|The numbering and organisation of the Supreme Court of India’s (upto) twelve counts, and the allotment of work to them &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01400&amp;amp;sk=6135F966&amp;amp;mode=text  Dhananjay Mahapatra, January 13, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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New Delhi: Seniority is a sensitive issue for high court judges — being the determinant of their career prospects, be it possible appointment as chief justice of an HC, elevation to the Supreme Court and, for the lucky ones, appointment as Chief Justice of India.&lt;br /&gt;
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Though there have been many instances in the past when HC judges were elevated directly to the SC as judges without becoming chief justices of HCs, the principle of seniority continues to be treated with utmost reverence.&lt;br /&gt;
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A judge in the SC gets seniority from the time he takes oath. If more than one take oath on the same day, the one who is sworn in first becomes the senior among them.&lt;br /&gt;
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In case of Justice Jasti Chelameswar, one of the prime movers in the revolt against CJI Dipak Misra on Friday, it was non-adherence to seniority in elevation to the SC as a judge that robbed him of the chance of becoming the CJI.&lt;br /&gt;
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Justice Chelameswar was appointed as an HC judge on June 23, 1997, which was after the appointment of CJI Misra and his immediate predecessor Justice J S Khehar. Justice Misra was appointed as an HC judge on January 17, 1996 while Justice Khehar was appointed on February 8, 1999. But Justice Chelameswar became chief justice of Gauhati HC on May 3, 2007, much before Justice Khehar (November 29, 2009) and Justice Misra (December 23, 2009).&lt;br /&gt;
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However, Justice Chelameswar’s seniority advantage of more than two years over Justices Khehar and Misra was nullified by the then collegium, which appointed Justice Khehar as an SC judge on September 13, 2011, nearly a month before Justices Misra and Chelameswar took oath on October 10, 2011.&lt;br /&gt;
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Fate again played played a trick with Justice Chelameswar as he took oath after Justice Misra, the latter, thus, becoming senior to him.&lt;br /&gt;
&lt;br /&gt;
If seniority had taken its course, Justice Chelameswar would have taken over CJI on January 4, 2017 after the retirement of then CJI T S Thakur; ie, before even Justice Khehar, who was succeeded by Justice Misra on August 28, 2017.&lt;br /&gt;
&lt;br /&gt;
With the collegium, along with destiny, deciding otherwise, Justice Chelameswar has never refrained from articulating his gripe about the games played in the collegium as it selects people as judges of the SC and HCs. He had put this angst on record in his dissenting judgment as part of the five-judge bench, which by majority had quashed the NJAC which was meant to end collegium’s monopoly in the appointment of judges of HCs and SC .&lt;br /&gt;
&lt;br /&gt;
Quoting former SC judge Ruma Pal Justice Chelameswar had said that the collegium acted like a coterie, and that there was a barter system among member judges.&lt;br /&gt;
&lt;br /&gt;
Seniority carries other benefits too, especially the privilege of appointing judges of the SC and HCs. The first three SC judges, including the CJI, get to select persons for appointment as judges of HCs. The privilege of appointing chief justices belongs to the five seniormost judges who comprise the collegium. The CJIheaded body also selects persons from among advocates, HC judges and HC CJs for appointment as SC judges. This earns the top five enormous respect among advocates and HC judges.&lt;br /&gt;
&lt;br /&gt;
=Judges’, including CJI’s, inter se seniority, authority=&lt;br /&gt;
==2018: ‘No Senior/ Junior Judges; CJI ‘ first among equals’, s/he alone can assign cases==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F04%2F12&amp;amp;entity=Ar00300&amp;amp;sk=59D30F83&amp;amp;mode=text  Dhananjay Mahapatra, SC: CJI ‘ first among equals’, alone entitled to assign cases, April 12, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
''No Senior Or Junior Judges, Top Court Says''&lt;br /&gt;
&lt;br /&gt;
The Supreme Court ruled that there was no concept of “senior” or “junior” SC judges as all were equally competent to decide any case allotted to them by the Chief Justice of India, who alone had the power to constitute benches and assign cases.&lt;br /&gt;
&lt;br /&gt;
Dismissing a PIL filed by advocate Ashok Pande demanding that the CJI-headed three-judge bench must have the two other most senior judges on it, a bench of CJI Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said it was unimpeachably ruled earlier by a fivejudge bench that the CJI was the master of the roster and had the sole discretion of deciding the composition of benches and assigning cases.&lt;br /&gt;
&lt;br /&gt;
At an unprecedented press conference on January 12, four senior judges led by Justice J Chelameswar had specifically complained against the allocation of a petition relating to judicial officer B H Loya’s death to a bench headed by a “junior” judge while questioning the CJI’s alleged arbitrary allocation of important cases to benches headed by “select junior” judges.&lt;br /&gt;
&lt;br /&gt;
Writing the unanimous judgment that appeared to be a point-by-point rebuttal to the judges’ grievances aired in the press conference and Justice Chelameswar’s subsequent interaction with the media, Justice Chandrachud said the Chief Justice of India was the first among equals (judges) and had “exclusive prerogative in the allocation of cases and the constitution of benches”. He added, “As a repository of constitutional trust, the CJI is an institution in himself.”&lt;br /&gt;
&lt;br /&gt;
'''Chief justices of HCs to decide allocation of cases: SC'''&lt;br /&gt;
&lt;br /&gt;
Justice Chandrachud said: “The authority which is conferred upon the CJI, it must be remembered, is vested in a high constitutional functionary. The authority is entrusted to the CJI because such an entrustment of functions is necessary for the efficient transaction of the administrative and judicial work of the SC.”&lt;br /&gt;
&lt;br /&gt;
“The entrustment of functions to the CJI as the head of the institution is with the purpose of securing the position of the SC as an independent safeguard for the preservation of personal liberty. There cannot be a presumption of mistrust. The oath of office demands nothing less.”&lt;br /&gt;
&lt;br /&gt;
Slamming the petitioner’s attempt to classify Supreme Court judges as “senior” and “junior” according to the date of their taking oath in the apex court, Justice Chandrachud said, “Every judge appointed to the SC is invested with equal duty of adjudicating cases which come to the court and are assigned by the CJI. Seniority in terms of appointment has no bearing on which cases a judge should hear.&lt;br /&gt;
&lt;br /&gt;
“To suggest that any judge would be more capable of deciding particular cases or that certain categories of cases should be assigned only to the senior-most among SC judges has no foundation in principle or precedent. To hold otherwise would be to cast reflection on the competence and ability of other judges to deal with all cases assigned by the CJI, notwithstanding the fact that they have fulfilled the qualification mandated by the Constitution for appointment to the office.”&lt;br /&gt;
&lt;br /&gt;
Another PIL by senior advocate and former law minister Shanti Bhushan, filed through his advocate-son Prashant Bhushan, which sought assigning of cases to the collegium comprising the CJI and the four most senior judges, is pending with the SC. The three-judge bench said, “The Supreme Court has been authorised under Article 145 to frame Rules of Procedure...the petitioner is not entitled to seek a direction that benches of this court should be constituted in a particular manner.”&lt;br /&gt;
&lt;br /&gt;
Touching on the functioning of high courts headed by chief justices, the SC said, “In deciding upon the allocation of work and the constitution of benches, the chief justices of HCs have to determine the number of benches which need to be assigned a particular subject matter keeping in view the inflow of work and arrears. The CJs are guided by the need to ensure orderly functioning of the court and the expeditious disposal of cases.”&lt;br /&gt;
&lt;br /&gt;
=’Judicial legislation’=&lt;br /&gt;
==Transgressing separation of power between legislature, executive and judiciary?==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=LEGALLY-SPEAKING-Nota-to-quota-SC-had-a-27032017012032  Dhananjay Mahapatra, Nota to quota: SC had a field day in judicial overreach, Mar 27, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
In March 2017, members of Parliament cutting across party lines were agitated by the Su preme Court allegedly transgressing the cardinal separation of power between the legislature, the executive and the judiciary . The MPs accused the SC of “overstepping“ its jurisdiction to get into the law-making domain through its judgments.&lt;br /&gt;
&lt;br /&gt;
They appear to be still riled by the October 2015 judgment of the SC striking down a unanimously passed legislation creating National Judicial Appointments Commission (NJAC) to replace the `opaque' collegium system for selection of judges. What added fuel to the anger was the SC's decision to entertain a PIL questioning life-long pension and freebies to MPs and MLAs.&lt;br /&gt;
&lt;br /&gt;
Law minister Ravi Shankar Prasad attempted to assuage the ruffled feathers by declaring, “Parliament to enact, executive to formulate and judiciary to interpret. In this light, if separation of power principle is binding on all, I am sorry to say that it is equally binding on the judiciary .“&lt;br /&gt;
&lt;br /&gt;
Why did the SC transgress the boundary of separation of power and attempt to perform tasks entrusted to the legislature and the executive? Since 1950, the SC has been the sentinel of fundamental rights of citizens, who were many a time ignored by both legislators and the executive. In protecting these precious rights, the SC had to walk the extra mile.&lt;br /&gt;
&lt;br /&gt;
'''Remember Vishaka case?'''&lt;br /&gt;
&lt;br /&gt;
Though the Constitution had guaranteed equal opportunity to men and women, women had been facing sexual harassment at work place for decades, enduring the depraved acts of male superiors in offices. Lawmakers knew this. But they failed to take steps to legislate and protect women from depraved male colleagues.&lt;br /&gt;
&lt;br /&gt;
The SC preferred not to remain silent. It virtually legislated by providing a mechanism for working women to complain against colleagues and bosses if they passed sexist remarks or indulged in sexual harassment. None of the MPs termed this judgment as judicial overreach.&lt;br /&gt;
&lt;br /&gt;
And the Shah Bano case? For decades, divorced Muslim women lived a life in penury as there was no provision in Muslim personal law to fasten liability on husbands to provide for maintenance to wives after talaq. The SC craftily used Section 125 of Criminal Procedure Code to step around the vacuum in Muslim personal law and granted alimony to divorced Muslim women. No one protested against this judgment as judicial overreach. In fact, it was hailed as a secular judgment. In a federal structure like ours governed by the principle of separation of powers, it is difficult for the judiciary , tasked to protect the fundamental rights of poor voiceless citizens, to close the doors of relief saying the boundary of separation of power is too high to scale.&lt;br /&gt;
&lt;br /&gt;
Take for example the Indra Sawhney case. The SC was hailed as the institution that quelled wild protests by students by ruling in favour of the legislation granting reservation to OBCs, which was over and above the existing quota for SCs and STs. However, it also legislated by capping total quota at 50% of government jobs. The legislators did not mind, as the SC ruling had doused the protests.&lt;br /&gt;
&lt;br /&gt;
The SC transgressed the principle of separation of power again in S R Bommai case by severely curtailing the Union government's power under the dreaded Article 356, under which the Centre, till the 1990s, used to topple elected governments in states at will by imposing President's rule. The restrictions on use of Article 356 were termed as an interpretation of the Constitution, even though for an independent analyst it could qualify as legislative exercise by the SC.&lt;br /&gt;
&lt;br /&gt;
On the election front too, the SC has legislated many times. In the Association of Democratic Reforms case, it put in a new law making it mandatory for candidates to declare their educational, wealth and criminal details to enable voters to make an informed choice while pushing the EVM button.&lt;br /&gt;
&lt;br /&gt;
It also brought in the concept of NOTA, which gave the voter the option of declaring that none of the contesting candidates was worthy of his vote. In addition, the SC also legislated by declaring that an elected representative, who has been convicted and sentenced in such a manner to earn disqualification, cannot continue as a member of the House concerned by merely filing an appeal against the conviction and sentence in a higher court.&lt;br /&gt;
&lt;br /&gt;
No one protested against it as public sentiment, given the abuse of position by some elected representatives, was in favour of the judgment.Parliamentarians have a right to criticise the SC, for it is manned by human beings who are not infallible. But they should always keep in mind what the SC said in S P Gupta case [1982 (2) SCR 365], “...While the administration of justice draws its legal sanction from the Constitution, its credibility rests in the faith of the people. Indispensable to that faith is the independence of the judiciary . An independent and impartial judiciary supplies the reason for the judicial institution, it also gives character and content to the constitutional milieu.“&lt;br /&gt;
&lt;br /&gt;
Rational criticism, and not motivated angst, always strengthens an institution. And we all know and believe that wise parliamentarians would always mean well to criticise the SC in such a manner so as to strengthen its independence to enable it to dispense justice without fear and favour.&lt;br /&gt;
==Judicial overreach and co-governing India==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Q-A-Court-appears-to-be-engaging-in-08052017014033 May 08 2017 : The Times of India (Delhi)  Court appears to be engaging in unrestrained judicial overreach| Justice AP Shah talking to Sanjiv Shankaran | The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Q &amp;amp; A - `Court appears to be engaging in unrestrained judicial overreach ... uncertainty around policy because of SC interventions'&lt;br /&gt;
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&lt;br /&gt;
'' Some recent Supreme Court judgments, which have had a significant impact on policy issues, have triggered a debate on its powers. '' ''' AP Shah, former chief justice of Delhi high court ''' '' and former law commission chairman, spoke to ''' Sanjiv Shankaran ''' on the issue and the apex court's fundamental role: '' &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
''' Is SC's role in co-governing India consistent with Constitution's spirit? ''' &lt;br /&gt;
&lt;br /&gt;
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In the 1980s, after the Emergency, judiciary transformed itself into an institution that was enjoined to promote the ideals of socio-economic and political justice.&lt;br /&gt;
&lt;br /&gt;
Judiciary developed public interest litigation, or PILs, as a jurisdiction to transform constitutional promises into reality , and open the doors to those groups of people who were not free to approach the courts due to socio-economic factors. The idea was to make human rights meaningful for weaker sections of society. Then it gradually recognised rights of undertrials, juveniles, right to privacy, right to speedy trials and so on. It also covered areas like environment. This is how the idea of PILs began and started expanding. Article 21 was expanded as well, recognising right to education, work, shelter and so on. It was undeniably a glorious chapter in history of Indian judiciary .&lt;br /&gt;
&lt;br /&gt;
Lately , however, the court has taken on a role of co-governance. Indeed, I fear that it has become the norm almost. The court, through its decisions, is virtually overriding the constitutional concept of separation of powers. There are judicial diktats on every other subject, many of which are rank populist decisions, for example, the decision in the BCCI matter, where the court is practically running the cricket board on a day to day basis. Besides this, the court also entertains completely frivolous matters like the national anthem case, or the one on Sikh jokes.&lt;br /&gt;
&lt;br /&gt;
In sum, the court appears to be engaging in unrestrained judicial overreach, mostly by recourse to Article 142, and issuing judicial diktats.&lt;br /&gt;
&lt;br /&gt;
Populist approach would destroy the idea of PIL as envisaged originally decades ago. SC is trying to govern the country, and trying to correct every ill that exists.But this is neither within the powers of the court, nor does it have the capacity to do so. The priority must be protection of human rights and fundamental rights.&lt;br /&gt;
&lt;br /&gt;
''' Does the recent record suggest that evidentiary basis for judgments is satisfactory , particularly if the outcome has a significant fallout? ''' &lt;br /&gt;
&lt;br /&gt;
The alcohol ban is a case in point where the court's decision has had catastrophic financial consequences. In effect, the court drastically altered the central government's policy without realising the implications. I believe this is in the range of anything between Rs 50,000-75,000 crore, and has led to the loss of a million jobs.&lt;br /&gt;
&lt;br /&gt;
SC has missed the target on this one.&lt;br /&gt;
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There should have been decisive steps taken against drunken driving. The decision may be well intentioned, but it has effectively gone against the thriving hospitality industry.&lt;br /&gt;
&lt;br /&gt;
As a result, there is also a lot of uncertainty around policy , because of the interventions of SC. Such decisions have serious financial repercussions, which, I fear, the court is not equipped to understand.&lt;br /&gt;
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''' Taking a look at Aadhaar case, is SC's scheduling of hearings contributing in a round about way to a roll-out of policy? ''' &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
There are very serious issues involved in the petition before SC, including whether the Aadhaar Act could have been passed as a money bill.&lt;br /&gt;
&lt;br /&gt;
It is useful to recap what happened.The case came before a three-judge bench in August 2015. The court granted interim relief restricting the use of Aadhaar to two schemes on a voluntary basis. When it went to a five-judge bench in October 2015, the two schemes were expanded to six schemes. On both occasions, the court said it was an important issue and should be heard expeditiously.&lt;br /&gt;
&lt;br /&gt;
In spite of that observation, the matter is not being given priority. In the meantime, the central government started issuing notification upon notification making Aadhaar mandatory for various purposes, in disregard of the interim order. Surprisingly, the Chief Justice of India has made an observation that the non-mandatory nature of Aadhaar extends only to social welfare and benefit schemes, and that it did not apply to other things like verification of income tax returns or registration of mobile numbers. This is completely at odds with the interim order passed by the constitution bench.&lt;br /&gt;
&lt;br /&gt;
Somewhere, priorities are getting lost, and the court is wasting its time in trying to address policy issues, which are clearly not in its domain. This becomes all the more critical when we realise that pendency in SC has crossed 60,000 cases.&lt;br /&gt;
== CBI probes: House panel slams SC, HCs for monitoring them==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=House-panel-slams-SC-HCs-for-monitoring-CBI-09122015013031 ''The Times of India''], Dec 09 2015&lt;br /&gt;
&lt;br /&gt;
Neeraj Chauhan&lt;br /&gt;
&lt;br /&gt;
'''House panel slams SC, HCs for monitoring CBI probes'''&lt;br /&gt;
&lt;br /&gt;
''Courts Are Overstepping Their Brief''&lt;br /&gt;
&lt;br /&gt;
In a significant remark on the judiciary's intervention in CBI investigations, a parliamentary committee has stated that the Supreme Court and high courts have started performing the functions of the lowest rung of criminal justice system, taking over the role of a magistrate.&lt;br /&gt;
Asserting that superior courts are working beyond their powers, the parliamentary standing committee on personnel, public grievances, law and justice said, “The superior courts which are courts of appeal under Sec tion 374 of the Code of Criminal Procedure (1973) are even directing CBI in a number of cases to report day-to-day progress in a sealed cover bypassing sections 172 and 173 of the CrPC and performing functions envisaged under the criminal justice system of the country for the lowest rung of criminal courts and also appreciating the evidence which under section 173 of CrPC is required to be done by the magistrate.“&lt;br /&gt;
&lt;br /&gt;
The panel's observations come at a time when most of the big-ticket CBI cases, including 2G spectrum allocation scam, coal block allocation scam, Vyapam scam, Virbhadra Singh corruption probe and ponzi schemes like Saradha, are being either monitored or regularly heard by the Supreme Court and several high courts. In fact, in the 2G and coal scams, the Supreme Court restricted all other courts to entertain any application against orders passed by the trial court.&lt;br /&gt;
&lt;br /&gt;
The committee said, “...various high courts and Supreme Court are frequently issuing directions to the CBI to handle cases relating to Prevention of Corruption Act, 1988, as also of `public order'. As a result, the jurisdiction and powers of the CBI have widened and deepened and have far exceeded than what was contemplated under the Delhi Special Police Act, 1946.“&lt;br /&gt;
&lt;br /&gt;
The committee, headed by E M Sudarsana Natchiappan, points to “judicial activism of higher judiciary by taking pains of overseeing an investigation and passing interim directions to the CBI and even preempting the rights and remedies available to affected persons under criminal justice system. It may , therefore, appear to affected persons as a pre-emptive and colourable exercise of power by the superior courts“.&lt;br /&gt;
&lt;br /&gt;
=Key rulings, year-wise=&lt;br /&gt;
==2015==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=NJAC-poll-eligibility-Jat-quota-key-2015-rulings-01012016012012 ''The Times of India''] Jan 01 2016&lt;br /&gt;
&lt;br /&gt;
Amit Anand Choudhary&lt;br /&gt;
&lt;br /&gt;
''' Women's Rights Too Hogged Limelight In SC '''&lt;br /&gt;
&lt;br /&gt;
In the year gone by , the Supreme Court constitutionally spurned the historic offer from Parliament to throw light on one of its darkest alleys -the road to appoint judges. Parliament enacted National Judicial Appointments Commission (NJAC) to bring in transparency in the process of appointment of judges in the apex court and high courts. But, the SC strangely put its vote on the opaque collegium system of judges selecting judges.&lt;br /&gt;
&lt;br /&gt;
The overwhelming public support for NJAC -the unanimous decision of Parliament and its ratification by 20 states -could not persuade the SC, which said independence of judiciary could be in danger if the Executive, the largest litigant, participated in selection of judges. But, the court was quite alive to the concerns of the public when it came to deciding the validity of Section 66A of Information Technology Act.&lt;br /&gt;
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It had no reservation in scrapping the law saying it impeded the citizens' right to freedom of speech and expression.&lt;br /&gt;
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The SC also saw through the politics behind the UPA 's decision ahead of the 2014 general elections to grant OBC status to Jats, seen as a prosperous community . The NDA too attempted to woo the Jats by defending the UPA decision. But, the SC minced no words and called the decision to give quota to Jats in jobs and admissions to educational institutions a `negative and retrograde' step.&lt;br /&gt;
&lt;br /&gt;
Irrespective of the political party in power, there has always been a tendency to project their top leaders in government advertisements with taxpayers' money . The SC put an end to it by ruling that no politician's face, except that of President and the Prime Minister, can be put in government advertisements.The chief ministers were the worst hit by this decision and many states have approached the SC to permit the photos of CMs to be displayed in government advertisements.&lt;br /&gt;
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One may not need any educational qualification to become an MP or MLA. But in a significant decision, the SC upheld the Haryana government's law laying down educational criteria for panchayat polls.&lt;br /&gt;
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The SC virtually brought down the curtains on the long political career of former Haryana CM Om Prakash Chautala by upholding his conviction and 10-year jail term in teachers' recruitment scam case. N Srinivasan, who was at the helm of BCCI was bowled out by the SC which condemned him for failing to maintain purity of the `gentleman's game' by blinking at the maladies like betting and spot-fixing.&lt;br /&gt;
&lt;br /&gt;
The court saw a midnight drama just before the scheduled hanging of Yakub Abdul Razak Memon, the lone condemned prisoner in 1993 serial blasts case of Mumbai. Despite repeatedly rejecting his plea for life sentence, the SC did not hesitate to hear his advocates again when they knocked at its doors in a last gasp attempt.&lt;br /&gt;
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The court passed a series of orders in 2015 to reinforce the rights of women who are despised by society for living an unconventional life.In a path-breaking verdict, it ruled that an unwed mother must be recognised as a legal guardian of her child and she cannot be forced to reveal the name of the father or seek his consent to get guardianship of the child.&lt;br /&gt;
&lt;br /&gt;
It also held that an unmarried couple, living together as husband and wife, would be presumed to be legally married and the woman would be eligible to inherit the property after the death of her partner. It also held that a woman was entitled to maintenance from her live-in partner.&lt;br /&gt;
&lt;br /&gt;
The court also expressed concern over women being used as surrogate mothers by foreigners and directed the government to ban commercial surrogacy . This prompted the Centre to roll back its 2013 decision allowing import of human embryos for artificial reproduction.&lt;br /&gt;
==2016: Important judgements==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=From-homebuyers-to-beard-growers-cricket-czars-to-30122016017022  AmitAnand Choudhary: SC rulings in some important judgements, Dec 30, 2016: The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Cloaked constitutionally to do complete justice, the Supreme Court in 2016 played referee in a variety of matches relating to legality of decisions in areas as diverse as politics, cricket, finance and religious practice.&lt;br /&gt;
&lt;br /&gt;
In the political arena, it red carded the Arunachal Pradesh governor for dismissing a Congress government led by Nabam Tuki and ordered its resurrection.&lt;br /&gt;
&lt;br /&gt;
But Congress failed to reap benefits of this landmark decision. Tuki could not reclaim the chief minister's chair. It went to Pema Khandu. Later, Congress legislators under Khandu stormed out of the grand old party to from a new outfit.&lt;br /&gt;
&lt;br /&gt;
Dealing a double blow to the NDA government, the SC also quashed the Centre's decision to dismiss the Congress government in Uttarakhand and impose central rule. The SC restored the Congress government led by Harish Rawat, who had better luck than Tuki.&lt;br /&gt;
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In cricket, the apex court continued its role as a tough umpire and imposed stringent field restrictions for the management to force them to implement its July 18 verdict to bring transparency and accountability in cricket administration.&lt;br /&gt;
&lt;br /&gt;
The Decision Review System (DRS) did not help.The SC dismissed the BCCI's two petitions seeking review of the reforms judgment, sending a clear signal to the board to fall in line.&lt;br /&gt;
&lt;br /&gt;
New Year could herald more problems as the SC will decide whether to appoint an administrator for BCCI in the first week of January .Not only this, the SC's decision in the contempt of court petition against BCCI president Anurag Thakur will also set a new milestone.&lt;br /&gt;
&lt;br /&gt;
The reforms judgment was based on a report by a committee headed by former CJI R M Lodha and com prising former SC judges Ashok Bhan and R V Raveendran. The court accepted each and every suggestion of the committee for infusing transparency and objectivity in the administration and finances of the board.&lt;br /&gt;
&lt;br /&gt;
In the financial sphere, Prime Minister Narendra Modi's big-ticket decision to rid the country of black money through demonetisation came under the SC scanner through scores of PILs. The court attempted to regulate government action to provide succour to common people facing harassment because of currency crunch.&lt;br /&gt;
&lt;br /&gt;
Though the SC took note of the hardship faced by common people because of demonetisation, it referred to a five-judge bench to determine the constitutional validity and procedural reasonableness of the policy decision.&lt;br /&gt;
&lt;br /&gt;
Public interest figured high on the SC's list of business in 2016, when it passed a slew of directions to reduce pollution. Its interference also forced the Haji Ali dargah management to allow women to enter its inner sanctum, which had remained closed for them since 2012. The court is also dealing with petitions to open the doors of Sabarimala temple in Kerala to women irrespective of their age. At present, women in the menstruating age are barred from entering the temple because of the deity's celibacy.&lt;br /&gt;
&lt;br /&gt;
But 2016 will go down in history as one of those years when the relationship between the judiciary and the executive touched the nadir.CJI TS Thakur slammed the government for sitting over recommendations for appointment of judges to high courts, which fought a monstrous pendency of cases with their backs to the wall as 43% of judges' posts remain vacant.&lt;br /&gt;
&lt;br /&gt;
The government hit back saying the CJI-headed collegium had not been finalising the memorandum of procedure for appointment of judges, which was ordered to be re-framed by a fivejudge SC bench.&lt;br /&gt;
&lt;br /&gt;
Without the new MoP, it would be improper to continue appointment of judges as per the `opaque' system followed by the collegium, the government said and reminded the CJI about the `laxman rekha'. Despite the CJI's criticism, the law minister claimed that the Centre had appointed a record 126 judges to HCs in 2016.&lt;br /&gt;
&lt;br /&gt;
After putting cricket czars in a fix with the bitter dose of reforms, ex-CJI R M Lodha was called upon by the SC to suggest reforms in administration of medical education in the country by scrutinising alleged mismanagement in Medical Council of India. The SC also asked Justice Lodha to supervise the sale of assets of Pearl group and refund Rs 49,000 crore to public who had invested in the firm's illegal collective investment scheme (CIS).&lt;br /&gt;
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It held that people from the Muslim community could not be allowed to grow beard after joining IAF, saying that discipline, uniformity and cohesiveness in armed forces was too important to be sacrificed for religious belief of its personnel who want to follow the practice which was against rules of a defence force.&lt;br /&gt;
&lt;br /&gt;
The year also kept the SC busy in exploring ways to tackle the pollution crisis in the national capital. It passed a slew of directions including restricting entry of trucks into Delhi and imposing 1% environment cess on diesel SUVs and high-end private cars with engine capacity of 2000cc and above.&lt;br /&gt;
&lt;br /&gt;
The court came to the rescue of several home buyers, harassed by real estate developers not handing over possession of flats on time.The court made it clear to developers that they would have to deliver as per their promise irrespective of whether they “sink or die“.&lt;br /&gt;
&lt;br /&gt;
==2017==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F01&amp;amp;entity=Ar01217&amp;amp;sk=4E1495DC&amp;amp;mode=text  Dhananjay Mahapatra, SC rulings settled national debates in 2017, but it weakened internally, January 1, 2018: ''The Times of India'']&lt;br /&gt;
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Attitude, approach and rectitude of a Chief Justice of India brings in marked changes in the core character of the Supreme Court. In 2017, the SC saw three CJIs. But Justice J S Khehar, followed by Justice Dipak Misra, set the ball rolling by taking up for adjudication constitutional issues that were brushed under the carpet for years.&lt;br /&gt;
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Many constitution benches were set up to deal with pending issues — from validity of Aadhaar which halfway through gave birth to the path-breaking right to privacy as a fundamental right, to tricky issues like misbehaviour of a sitting high court judge.&lt;br /&gt;
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This made the SC appear truly a constitutional court, a role assigned by the Constitution and envisaged by the framers of the Constitution. The SC, sitting at the top of the three-tier judiciary, had for the last two decades got mired in too many PILs, giving fodder to politicians to slam the judiciary for encroaching into the executive’s domain.&lt;br /&gt;
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In the 2017 balance sheet, the SC had many positives. To overcome an eight-judge bench decision negating the fundamental nature of right to privacy more than 50 years ago, a nine-judge bench took up the important issue for scrutiny keeping in mind citizens’ vulnerability to present day gadget-encouraged intruding tendencies.&lt;br /&gt;
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“Right to privacy is an integral part of right to life and personal liberty guaranteed in Article 21 of the Constitution,” the nine-judge bench ruled unanimously while comprehensively rejecting the NDA government’s stand against privacy being conferred the status of fundamental right.&lt;br /&gt;
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The SC shed its traditional nervousness in dealing with issues having religious overtones to set up a multifaith five-judge bench to examine petitions by Muslim women challenging the legality of triple talaq, a tool used by Muslim men to divorce wives instantaneously.&lt;br /&gt;
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The bench ruled that triple talaq was arbitrary and violated right to equality guaranteed under Article 14 because it gave Muslim men unilateral right to terminate marriage without any rapprochement. It was a decisive step towards gender equality, which for centuries was strangulated in the&lt;br /&gt;
&lt;br /&gt;
name of religion. The SC ruled that triple talaq was not sanctioned by the Quran and hence not part of Islamic religious practices.&lt;br /&gt;
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Following the footsteps of the Bombay High Court which threw open the Shani Shingnapur temple to women, the SC helped women gain entry into the sanctum sanctorum of the famous Haji Ali dargah in Mumbai. The SC’s nudge made the Valsad Zoroastrian panchayat permit two Parsi women, forbidden from entering the Tower of Silence because they married outside the community, to enter the premises to perform the last rites of parents.&lt;br /&gt;
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A bench of top seven SC judges, including the CJI, was constituted to deal with open defiance and derogatory comments of sitting Calcutta HC judge Justice C S Karnan.&lt;br /&gt;
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Putting a premium on judicial discipline, decorum and dignity, the bench sentenced Justice Karnan to sixmonth imprisonment holding him guilty of contempt. For the first time in the SC’s 67-year history, a sitting judge was jailed. Though embarrassing, it sent a loud message to everyone, both within and outside judiciary, about non-negotiability of rule of law and judicial dignity.&lt;br /&gt;
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If decisions on right to privacy, triple talaq and Justice Karnan settled raging national debates, the SC’s upholding of a trial court decision to convict and sentence V K Sasikala in a DA case had a tectonic effect on Tamil Nadu politics. Tremors of the verdict continue to smudge the state’s political canvas.&lt;br /&gt;
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Concerned by alarming levels of pollution, the SC on Diwali-eve banned sale of crackers in Delhi and the National Capital Region. But the decision was hardly a deterrent as pollution refuses to go away.&lt;br /&gt;
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The Medical Termination of Pregnancy (MTP) Act permitted a woman to terminate a problematic pregnancy or diseased foetus only up to 20 weeks. When the SC on humanitarian considerations allowed a minor to terminate her over 20-week pregnancy, there was a deluge of similar applications.&lt;br /&gt;
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The SC turned into a window of hope for distressed women with more than 20 week pregnancies to get medical boards’ opinions for safe termination. A pertinent questioned emerged from this exercise — should Parliament amend the law to allow termination of over 20-week pregnancies in exceptional situations?&lt;br /&gt;
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One cannot end the narrative for the year in the SC without mentioning the medical admission scam that saw a retired HC judge arrested and indicated possible involvement of a sitting Allahabad HC judge. The scam threatened to singe the SC itself with spirited advocates insinuating against the incumbent CJI. Rules were thrown to the winds when advocates decided to pursue PILs on the issue before a particular bench, which obliged.&lt;br /&gt;
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The crisis made CJI Misra hurriedly constitute a fivejudge bench which ruled that the CJI was the master of the roster and no other judge could decide when and who would hear a petition. The course correction brought a diminishing trust quotient within the SC into the open.&lt;br /&gt;
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On the administrative side, the CJI instituted an inquiry into complaints against the Allahabad HC judge who had permitted a private medical college, despite complete a ban by the SC, to admit students for the 2017-18 academic year.&lt;br /&gt;
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Alarming level of vacancies in HC judges has remained stagnant at 40% of sanctioned strength. Nine HCs are without chief justices. The SC has six vacancies. 2018 has to be the year of appointments. The CJI-headed collegium must attempt to fill SC vacancies, followed by appointment of CJs to HCs.&lt;br /&gt;
&lt;br /&gt;
Two years have passed since a constitution bench ordered framing of memorandum of procedure for appointment of judges. Sadly, the law minister and the collegium have not been able to sort out contentious issues. It is time for wise heads, in the government and the judiciary, to resolve this lingering disagreement, which is impacting speedy justice.&lt;br /&gt;
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=Landmark shifts of stance=&lt;br /&gt;
==Case studies, seven==&lt;br /&gt;
[http://articles.timesofindia.indiatimes.com/2010-01-23/india/28127376_1_ninth-schedule-due-process-shifts The Times of India]&lt;br /&gt;
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''' Case studies: Supreme Court’s landmark shifts ''' &lt;br /&gt;
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The apex court is rightly hailed for its stellar role. But little has been written about its dramatic shifts on a range of key issues. TOI brings you the untold story &lt;br /&gt;
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''' Manoj Mitta ''' &lt;br /&gt;
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Raising a toast for the establishment of the Supreme Court as India turned into a Republic, C K Daphtary, who went on to become the first solicitor general, said in January 1950, “A republic without a pub is a relic!” &lt;br /&gt;
&lt;br /&gt;
Jokes apart, no appraisal of the 60 years of the Indian Republic can ignore the stellar role played by the Supreme Court in maintaining the constitutional scheme of checks and balances. Equally, no appraisal of the Supreme Court can be complete without delving into the vagaries of its rulings, for better or for worse — especially because the shifts in its position have not always been for reasons beyond its control. &lt;br /&gt;
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This somewhat awkward aspect has however received little attention, perhaps because of the reverence reserved for the higher judiciary. Here is an attempt to focus exclusively on the judicial shifts made by the Supreme Court through the 60 years of its existence on a range of key issues. &lt;br /&gt;
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'''Somersault on due process'''&lt;br /&gt;
The first major constitutional issue decided by the Supreme Court came out of the preventive detention of communist leader A K Gopalan, in whose honour the headquarters of CPM is named. The issue was whether somebody’s detention could be justified merely on the ground that it had been carried out “according to the procedure established by law,” as stipulated in Article 21 of the Constitution. Or, would that procedure be valid only if it complied with principles of natural justice such as giving a hearing to the affected person? &lt;br /&gt;
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In the A K Gopalan case of 1950, the Supreme Court, taking a narrow view of Article 21, refused to consider if the procedure established by law suffered from any deficiencies. Fortunately, three decades later, it took a 180 degree turn on this issue in the Maneka Gandhi case of 1978. The provocation was the arbitrary law that had allowed the Janata Party government to take away Maneka’s passport without any remedy. Importing the American concept of due process, the Supreme Court ruled that the procedure established by law for depriving somebody of their life or personal liberty had to be “just, fair and reasonable”. &lt;br /&gt;
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'''Reduction of Parliament’s power to amend the Constitution'''&lt;br /&gt;
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Validity of the very first constitutional amendment was challenged mainly because it had inserted the Ninth Schedule to insulate agrarian laws from being tested in courts. The issue facing the Supreme Court was to determine the extent to which Parliament could go while exercising its amending power under Article 368. This is how SC shifted its position more than once on this crucial issue. &lt;br /&gt;
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First, in the Shankari Prasad case of 1951, it ruled that since no limits had been spelt out in Article 368, the power to amend the Constitution included abridgement of even fundamental rights. &lt;br /&gt;
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Next, in the Golaknath case of 1967, it betrayed second thoughts on trusting Parliament with such unfettered discretion under Article 368. Since Article 13 stipulated that every law enacted by Parliament had to comply with fundamental rights, the Supreme Court read that limitation into constitutional amendments as well. &lt;br /&gt;
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Finally, in the Kesavananda Bharati case of 1973, the SC held that the condition prescribed by Article 13 of complying with fundamental rights applied only to ordinary laws, not constitutional amendments. Taking the middle path, it said the only limitation on Article 368 was that a constitutional amendment could not alter the “basic structure” of the Constitution (such as the sovereignty of the country or its secular character). &lt;br /&gt;
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'''Enlarging the scope of judicial review'''&lt;br /&gt;
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For decades, the most abused provision of the Constitution was the sweeping power conferred on the President — in other words, the Central government — to dismiss a duly elected state government. The validity of actions taken under Article 356 of the Constitution went before the Supreme Court for the first time in 1977 when the then newly elected Janata Party government at the Centre had dismissedCongress governments in states for no reason other than the fact that it wanted to hold early elections. &lt;br /&gt;
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But the Supreme Court, in what is known as the State of Rajasthan case of 1977, declined to intervene, ostensibly to avoid entering the political thicket. The President’s satisfaction that the state concerned could not be carried on in accordance with the provisions of the Constitution was, it said, not subject to judicial review. The apex court however reversed its stand in the S R Bommai case of 1994, where it held that a proclamation under Article 356 could be struck down if it was “found to be mala fide or based on wholly irrelevant or extraneous grounds”. Subjecting the President’s satisfaction to judicial review, the Bommai verdict clarified that the power conferred by Article 356 was a conditional one, not absolute. &lt;br /&gt;
&lt;br /&gt;
'''Changing conception of compensation'''&lt;br /&gt;
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Many a legal battle has been fought on the vexed issue of compensation payable to affected parties when a property has been acquired by the government. The question of interpreting the compensation promised by the Constitution arose for the first time in the Bela Banerjee case of 1954 involving a West Bengal law which sought to pay off the owners on the basis of the market value of their land on some distant date in the past. Rejecting the socialistic arguments of the state, SC laid down that the compensation should be “a just equivalent of what the owner has been deprived of”. &lt;br /&gt;
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In a bid to get over the effect of the Bela Banerjee case, the Nehru government amended the Constitution stipulating that no law dealing with the manner in which compensation was to be given “shall be called in question in any court on the ground that the compensation by that law is not adequate”. This in turn triggered a chain of a vacillating judgments and another constitutional amendment on the compensation issue. It culminated in the shift from the categorical “just equivalent” in the Bela Banerjee case to a limp admission in the Kesavandanda Bharati case of 1973 that the amount need not be equivalent, so long as it was “not illusory”. &lt;br /&gt;
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'''Diversity on quotas'''&lt;br /&gt;
&lt;br /&gt;
Caste-based reservations in jobs and educational institutions are another contentious issue on which the Supreme Court has had to change its position in keeping with the times. Its initial response was completely adverse. In the Champakam Dorairajan case of 1951, the Supreme Court slammed caste-based reservations as a violation of the Constitutional prohibition of discrimination. It was however forced to take a more accommodative view of social justice once the Nehru government responded with the first constitutional amendment stipulating that the general prohibition of discrimination could not prevent the state from making any special provision for the advancement of SCs, STs and OBCs. &lt;br /&gt;
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Having reconciled to the imperative of quota, the Supreme Court, in the M R Balaji case of 1963, imposed a cap of 50% on the extent of reservations for all the categories taken together, in a bid to ensure that the exception did not exceed the general rule of non-discrimination. Following the Mandal controversy, the Supreme Court, in the Indra Sawhney case of 1993, upheld the introduction of quota for OBCs in Central government jobs subject to the exclusion of the “creamy layer” (candidates whose parents are relatively wealthy or better educated). &lt;br /&gt;
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'''Seasonal change on economic policy'''&lt;br /&gt;
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True to its reputation of giving precedence to individual liberty over socialistic schemes, the Supreme Court, in the Bank Nationalization case of 1970, displayed no inhibition in probing the allegations that the Indira Gandhi’s government’s economic policy was discriminatory and deficient on compensation. As a corollary, it even struck down the nationalisation law. &lt;br /&gt;
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But post-liberalisation, the SC, in the Balco case of 2001, upheld the Vajpayee government’s disinvestment policy by adopting the principle that “in the case of a policy decision on economic matters, the courts should be very circumspect in conducting any inquiry and must be most reluctant to impugn the judgment of the experts.” &lt;br /&gt;
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'''Turning consultation into concurrence'''&lt;br /&gt;
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This shift has earned the Supreme Court the opprobrium of turning the judiciary into a “self-perpetuating oligarchy”. For, all that the Constitution has prescribed in the appointment of judges to the Supreme Court is that the Chief Justice of India “shall always be consulted”.&lt;br /&gt;
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==`Freedom fighters' (false ones) granted pension==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=SC-grants-pension-to-fake-freedom-fighters-02112016010083  Dhananjay Mahapatra,  SC grants pension to `fake freedom fighters', Nov 02 2016 : The Times of India]&lt;br /&gt;
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Strange are the ways of the Supreme Court in dispensing justice. On the one hand, it ordered inquiry into alleged forging of freedom fighter certificates to claim pension and on the other, when the pensions were cancelled, it restored them on humanitarian grounds.&lt;br /&gt;
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In August 2005, the SC had appointed the Justice A B Palkar Commission to examine the case of a large number of people claiming pension as freedom fighters by allegedly forging certificates in Beed district. It had said those falsely claiming to have participated in the freedom struggle should be dealt with sternly as they were “traitors“. It had directed the Palkar panel to complete the inquiry into claims of 354 people for freedom fighter pension and submit a report to the Maharashtra government.The panel had rejected the claims of 298 of 354 people and termed their documents “bogus“.&lt;br /&gt;
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When the state govern ment cancelled their pensions relying on the Palkar commission report, the elderly people moved the Bombay HC and pleaded, “We are all senior citizens. At this ripe age, if we are deprived of pensionary benefits, we will not be in a position to eke out a livelihood.“ Given the SC's stern mandate in 2005 to separate the genuine freedom figh ters from the impersonators, the HC refused to give relief.&lt;br /&gt;
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They made a final dash to the SC and pleaded before a bench of Justices Kurian Joseph and R F Nariman that withdrawal of pensions would mean starvation. The Justice Joseph-headed bench was caught in a situation where being legally correct would mean starvation for the petitioners.&lt;br /&gt;
&lt;br /&gt;
What came to the bench's rescue was a 2013 judgment of the apex court which had dealt with similar pleas. It had said, “In our opinion, keeping in view the fact that at this old age, if small benefit that was already granted to them is withdrawn, it may be difficult for them to sustain themselves. In that vi ew of the matter, in the peculiar facts and circumstances of the case, we set aside the order of the Bombay HC.“ However, the court had said pensions would stop with the death of the false freedom fighters.&lt;br /&gt;
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Justices Joseph and Nariman were quick to adopt the same stand. They said, “We find force in the submissions made by the counsel for Maharashtra that in many of these cases, the appellants have actually not participated in any freedom struggle. However, taking note of the only fact that these cases arise out of the same batch of appeals, we feel that it may not be proper to take a different view (than that taken in 2013).“&lt;br /&gt;
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== Medical colleges: Vacant super-specialty seats courses ==&lt;br /&gt;
[[File: Vacant super specialty seats courses in medical colleges.jpg|   ‘A two-judge Supreme Court bench ordered filling up of 553 vacant seats in super-specialty courses in medical colleges just two days after a three-judge bench rejected such a plea’ &amp;lt;br/&amp;gt; From [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=2-judge-bench-does-what-3-judge-SC-17102017001061 '' The Times of India ''] |frame|500px]] &lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=2-judge-bench-does-what-3-judge-SC-17102017001061     Dhananjay Mahapatra | 2-judge bench does what 3-judge SC bench refused | Oct 17 2017 : The Times of India (Delhi)]&lt;br /&gt;
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Eyebrows are being raised about a possible breach in judicial discipline after a two-judge Supreme Court bench ordered filling up of 553 vacant seats in super-specialty courses in medical colleges just two days after a three-judge bench rejected such a plea.&lt;br /&gt;
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On an application filed by Kerala Christian Professional College Management Federation in the pending petition of Dr Himank Goyal, a bench of Justices Adarsh Kumar Goel and U U Lalit directed on October 11: “For the remaining 553 unfilled super-specialty seats lying vacant, the DGHS may hold a mop-up counselling in an endeavour to fill up such seats within a period of 10 days.“ Those offered seats through this mop-up counselling were asked by the bench to join within four days. Just two days before this, on October 9, a PIL by `Education Promotion Society of India' had sought permission from a bench of CJI Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud to fill up vacant superspecialty course seats. The bench dismissed the petition.&lt;br /&gt;
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It could not have passed an order different from its September 22 one when it turned down pleas to extend the deadline for filling vacant seats.&lt;br /&gt;
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On September 22, a bunch of applications by various medical colleges, including the one by Dr Himank Goyal, came up for hearing before the threejudge bench headed by the CJI.&lt;br /&gt;
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The bench said, “There was an echo of concern that seats are going vacant and, therefore, there is necessity ... to extend the date. If we permit ourselves to say so, the concern travels from rational to emotional sphere.“&lt;br /&gt;
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However, Medical Council of India counsel Gaurav Sharma opposed vehemently and said the SC had extended the time till September 14 and if students did not avail of the opportunity , “it would be anathema to the concept of law to grant extension at the behest of institutions or the students“.&lt;br /&gt;
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Sharma said, “Mainte nance of discipline is of transcendental significance in the sphere of admission to medical colleges.“&lt;br /&gt;
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He said granting fur ther extension would usher chaos as stu dents who were not eligible or defaulted would gain admission. The threejudge bench said, “A sense of concern is one thing, but sustenance of discipline and order is another aspect. Weighing both the concepts in a balanced manner, we unhesitatingly come to the conclusion that the prayers made in the applications do not deserve any acceptance and stand rejected.“&lt;br /&gt;
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A fortnight later, an identical request for filling up superspecialty seats in medical colleges was allowed by a twojudge bench, which, in its order, did not refer to the threejudge bench's orders.&lt;br /&gt;
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==Political fallout taken into consideration==&lt;br /&gt;
''' When Supreme Court considered the political fallout of its verdict ''' &lt;br /&gt;
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Dhananjay Mahapatra [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=When-Supreme-Court-considered-the-political-fallout-of-07012015024005 ''The Times of India''] Jan 07 2015&lt;br /&gt;
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The political fallout of a judicial decision has seldom bothered the judiciary, but it appears that in 2012 the Supreme Court delayed the judgment on the CBI's probe into disproportionate assets cases against the Samajwadi Party chief and his sons to await completion of assembly elections.&lt;br /&gt;
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On March 1, 2007, just before the assembly elections, an SC bench headed by Justice A R Lakshmanan had ordered the CBI to probe into alleged disproportionate assets of Mulayam Singh Yadav and his sons on a PIL filed by Vishwanath Chatur-vedi. Justice Lakshmanan retired on March 21, 2007 and was immediately appointed as chair man of the Law Commission.&lt;br /&gt;
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Yadavs filed petitions seeking review of the March 1, 2007 judgment questioning the jurisdiction of the SC to order CBI probe without the consent of the state government on a politically motivated petition.The review petitions were heard by a bench of Justices Altamas Kabir and H L Dattu, which reserved its judgment on February 17, 2011.&lt;br /&gt;
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Internal communication between Justice Kabir and Justice Dattu, accessed by TOI, shows, among other things, the ground for delay in pronouncing the judgment was the possible political fal lout of its decision in this case.&lt;br /&gt;
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In June 2012, Justice Kabir wrote to Justice Dattu: “I deliberately waited till after the UP elections to pronounce the judgment so that the level playing field was not disturbed.“ The UP Assembly elections were held between February 8, 2012 and March 3, 2012. SP swept the polls and Akhilesh Yadav became the chief minister.&lt;br /&gt;
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Just days before the verdict on December 13, 2012, Justice Kabir sent the draft judgment to Justice Dattu for his approval. In the note attached to the draft judgment, Justice Kabir had referred to the CBI's flip-flops in the case and said, “This dual stand in the submissions of the highest investigating agency cannot be appreciated by this court.“&lt;br /&gt;
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Justice Dattu agreed with Justice Kabir, who had by then become the Chief Justice of India, that the CBI stand had been confusing.However, he clarified that “while making submissions (on behalf of the CBI) it has been highlighted that substantial prima-facie elements are there to conduct an investigation“.&lt;br /&gt;
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He also felt that there was no substantial evidence against Dimple Yadav and no further investigation needed to be carried out against her.But Justice Dattu was firm against quashing the entire proceedings regarding disproportionate assets. Justice Dattu wrote back: “As discussed with you, quashing of the entire proceedings regarding disproportionate assets, which is evident on the face of records, will not only be doing injustice but also create a political turbulence. We are directing only CBI probeinvestigation and not holding them guilty . If nothing is found, they are acquitted. But in fitness of things a thorough investigation is needed.“&lt;br /&gt;
&lt;br /&gt;
The judgment on the review petitions was pronounced on December 13, 2012. The court held that the CBI probe into alleged disproportionate assets of Mulayam, Akhilesh, and Prateek Yadav as ordered by the SC on March 1, 2007 was justified.&lt;br /&gt;
==Vyapam-Tainted Doctors: Conflict Over their Fate==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=2-judge-SC-bench-teaches-law-to-3-31082016014046  Aug 31 2016 : ''The Times of India'' (Delhi) 2-judge SC bench teaches law to 3-judge bench, Dhananjay Mahapatra]&lt;br /&gt;
﻿&lt;br /&gt;
&lt;br /&gt;
A three-judge bench of the Supreme Court headed by Justice J S Khehar on Tuesday got some constitutional and legal lessons from a two-judge bench headed by Justice J Chelameswar.&lt;br /&gt;
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The bench headed by Justice Khehar, who will become Chief Justice of India next year, was tasked with finding a solution to the conflict of opinion in a judgment rendered by the bench of Justices Chelameswar and A M Sapre in a case relating to punishment for those whose MBBS degrees were tainted by the Vyapam scam.&lt;br /&gt;
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Justices Chelameswar and Sapre had found instances of undeserving candidates taking advantage of irregularities in entrance examinations to bag MBBS seats.Justice Chelameswar had said they should be asked to render charitable healthcare for a certain period to retain their MBBS degrees. But Justice Sapre had said these degrees should be cancelled.&lt;br /&gt;
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The bench headed by Justice Khehar had asked whether the matter needed to be heard afresh to resolve the conflict of opinion and sought an answer from Justices Chelameswar and Sapre.&lt;br /&gt;
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The miffed two-judge bench on Tuesday did not read out the judgment and merely signed it, departing from the usual practice where judges read out the operative portion of the verdict.&lt;br /&gt;
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It said, “We completely fail to understand the reference made to Article 145(5) of the Constitution in the July 28, 2016 order (of the three-judge bench).“ Article 145(5) provides that the court should not pronounce a judgment without the concurrence of a majority of the judges on the bench which heard the case. However, it also says this would not prevent a judge from delivering a dissent judgment or opinion. Justices Chelameswar and Sapre said, “We are of the opinion that neither the Constitution of India nor any other law of this country provides an intra-court appeal insofar as the Supreme Court is concerned. A rehearing of the entire matter as apparently suggested by the larger bench, in our opinion, would amount to an intra-court appeal.“&lt;br /&gt;
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As a final message to the three-judge bench which appeared to have a touch of judicial sarcasm, the two-judge bench said, “If the larger bench of this court wishes to create an intra-court appeal, we obviously are powerless to stop it. We can only record our understanding of the law on the question and it is as recorded above.“&lt;br /&gt;
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==3-judge bench overrules 3-judge 2014 land acquisition judgment==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F22&amp;amp;entity=Ar00302&amp;amp;sk=DE4B463A&amp;amp;mode=text  Dhananjay Mahapatra &amp;amp; Amit Anand Choudhary, SC in knots as its 3-judge bench overrules another of same strength, February 22, 2018: ''The Times of India'']&lt;br /&gt;
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The Supreme Court appeared to have tied itself in knots on Wednesday, with a three-judge bench questioning the judicial propriety and discipline of another three-judge bench, which had on February 8 overturned yet another three-judge bench’s 2014 judgment on land acquisition.&lt;br /&gt;
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The subject matter was important as it involved the acquisition of land and payment of compensation to land-owners, mainly farmers. But the two-hour-long proceedings before a bench of Justices Madan B Lokur, Kurian Joseph and Deepak Gupta brought back flashes of the smouldering discontent among the four most senior judges which had erupted in an unprecedented press conference on January 12.&lt;br /&gt;
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''' SC asks HCs not to pass any order on land acquisition ''' &lt;br /&gt;
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What the bench of Justices Lokur, Joseph and Gupta questioned on Wednesday was the judgment by a three-judge bench headed by Justice Arun Mishra terming a 2014 “Pune Municipal Corporation” judgment by a bench of identical strength as “per incurium” (decision rendered without taking care of facts and law). Interestingly, the Pune Municipal Corporation judgment was rendered on January 24, 2014 by a bench of Justices R M Lodha, Lokur and Joseph.&lt;br /&gt;
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The Justice Lokur-headed bench, in an interim order, asked high courts not to pass any order on pending land acquisition issues, thus stalling implementation of the February 8 judgment. It also requested other benches of the apex court to defer hearing on petitions on this issue.&lt;br /&gt;
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Former attorney-general Mukul Rohatgi provided the spark that reignited the “discipline” and “propriety” issue that has hurt unity among SC judges. Rohatgi said propriety demanded that the three-judge bench, if it did not agree with the earlier three-judge bench decision, send the issue for consideration before a larger bench. He said what was worse was that the same bench had been disposing of scores of cases based on the ruling given by it on February 8 in complete disregard of the farmers’ interest.&lt;br /&gt;
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Justice Joseph poured out his “painful concern” and said, “The Supreme Court operates on a system and principle which are holy. If you start tinkering with it, what will happen? Everyone must think about it — both judges and lawyers. We will go one day but the institution must go on forever. There is a method and procedure to be followed. If the Supreme Court has to be one, it has to be made one. To make it one, you need judicial discipline. “The Supreme Court is one and must not speak in 14 voices (indicating that the existing 14 benches must not speak differently on the judicial side). It is not good for the institution.”&lt;br /&gt;
Rohatgi recounted the right to privacy issue and said as attorney-general, he had argued before a five-judge bench that it could not decide the issue as an eight-judge bench had earlier ruled that privacy was not a fundamental right. “Overnight, a nine-judge bench was set up by the CJI which overruled the eight-judge bench decision. That is the procedure and discipline,” he said to rub it in.&lt;br /&gt;
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Senior advocate P S Patwalia, appearing for Haryana, defended the recent ruling of the Justice Arun Mishra-headed bench and said the law’s misuse was stopped by this judgment and Justice Joseph’s views were rather strong. Justice Joseph clarified, “It is not strong views but my painful concern. If one bench of the SC wants to correct an earlier ruling by another bench of identical strength, then there is a process to do it.” Rohatgi chipped in and said if the Pune Municipal Corporation judgment required to be reconsidered, the correct procedure would have been to refer it to a five-judge bench.&lt;br /&gt;
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The Supreme Court operates on a system and principles which are holy. If you start tinkering with it, what will happen?&lt;br /&gt;
&lt;br /&gt;
===Referral:  2-Judge Bench Pre-Empts 3-Judge Bench ===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F23&amp;amp;entity=Ar01212&amp;amp;sk=D8CDD9F6&amp;amp;mode=text  Dhananjay Mahapatra &amp;amp; Amit Anand Choudhary, Judicial discipline? It’s complicated, February 23, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
''2-Judge Bench Pre-Empts 3-Judge One From Passing Order For Referral''&lt;br /&gt;
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The knotty issue of ‘judicial discipline and propriety’ in contradictory judgments on land acquisition being tossed between two threejudge benches of the Supreme Court got further complicated on Thursday with two two-judge benches referring the matter to Chief Justice of India Dipak Misra for resolution by a larger bench.&lt;br /&gt;
&lt;br /&gt;
A threejudge bench headed by Justice Madan B Lokur had taken umbrage to a three-judge bench headed by Justice Arun Mishra on February 8 overruling a 2014 verdict given by another three-judge bench in the ‘Pune Municipal Corporation’ case, terming the earlier judgment as “per incurium”. Both the cases concerned land acquisition.&lt;br /&gt;
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Upon being told by senior advocate Mukul Rohatgi about the February 8 verdict, the bench led by Justice Lokur and comprising Justices Kurian Joseph and Deepak Gupta viewed it as breach of “judicial discipline and propriety”.&lt;br /&gt;
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Justices Lokur and Joseph, two of the four seniormost judges of the SC, were co-authors of the ‘Pune Municipal Corporation’ verdict.&lt;br /&gt;
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In an interim order, the Justice Lokur-headed bench requested other SC benches and high courts not to take up matters related to land acquisition dealt in the two contradictory judgments. It said it would decide the future course of action — whether to refer the matter to a larger bench.&lt;br /&gt;
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On Thursday, a land acquisition case was listed before a bench of Justices Arun Mishra and Amitava Roy and the threejudge bench’s interim order was brought to its notice.&lt;br /&gt;
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While stating that Wednesday’s interim order was a “sort of moral injunction” on them, Justice Mishra, who headed the three-judge bench that overruled the 2014 judgment, addressed the issue frontally and squarely. “We had taken a definite view that the 2014 judgment was ‘per incurium’ and it was permissible in law to take that view. We had pondered (while writing the February 8 judgment) over the issue — whether the matter required to be referred to a larger bench given the three-judge bench’s 2014 judgment, and then took a conscious decision (to term it ‘per incurium’ and overrule it). Whether it amounts to judicial discipline, or not, is for the larger bench to decide,” he said.&lt;br /&gt;
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Justices Mishra and Roy referred the matter to the CJI for adjudication by a larger bench, which most probably will be a five-judge bench. By this order, the Justice Mishra-led bench pre-empted the three-judge bench headed by Justice Lokur from passing order for referral to a larger bench.&lt;br /&gt;
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Justice Mishra said, “We have taken a considered view (in the February 8 judgment). It is over 200 pages. Probably, no one has read it but it (the judgment) has been targeted. First read and then analyse. ‘Judicial discipline’ has become a magic word to target us.”&lt;br /&gt;
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In another twist to fast-paced events in the SC, another two-judge bench of Justices Adarsh Goel and U U Lalit too rescheduled a land acquisition case on Thursday when it was informed by Rohatgi about Wednesday’s interim order by Justice Lokur’s bench.&lt;br /&gt;
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The bench ordered, “We are of the view that having with regard to the nature of the issues involved in the matter, the issues need to be resolved by a larger bench at the earliest. These matters may be placed before the appropriate bench on February 23 as per orders of the CJI.”&lt;br /&gt;
&lt;br /&gt;
=Late night hearings and judgements=&lt;br /&gt;
==Till 2015==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=SC-has-answered-two-more-midnight-knocks-31072015018031 ''The Times of India''], Jul 31 2015 &lt;br /&gt;
&lt;br /&gt;
''' SC has answered two more midnight knocks '''&lt;br /&gt;
&lt;br /&gt;
Mumbai serial bomb blasts convict Yakub Memon was not the first one to knock at the Supreme Court's door past midnight.&lt;br /&gt;
&lt;br /&gt;
What made Yakub's petition unprecedented was the one-and-a-half hour long postmidnight hearing that lasted till the crack of dawn. Earlier, the hearings after court hours were mainly held at the residence of the senior judge presiding over the bench.&lt;br /&gt;
&lt;br /&gt;
On April 8, 2013, lawyers of condemned prisoner at Jabalpur Central Jail, Maganlal Barela, who was to be hanged at dawn on April 9 for killing his children, successfully moved the SC close to midnight. Barela averted the gallows, after all preparations were made to hang him, after rejection of his mercy petition by the President. The fax from the SC con veying the stay on Barela's hanging reached jail authorities just five hours before the scheduled hanging.&lt;br /&gt;
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Similarly , Nithari rape-murder convict Surinder Koli was scheduled to hang on September 9, 2014. At the intervening night of September 8-9, his lawyers, led by Indira Jaising, woke up justices H L Dattu and A R Dave and placed before them Koli's petition seeking re-hearing of his review petition. A three-judge bench later stayed the execution and ordered open court hearing.&lt;br /&gt;
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==2018, May: swearing-in of Karnataka government==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F05%2F17&amp;amp;entity=Ar00501&amp;amp;sk=677C98EE&amp;amp;mode=text    Naheed Ataullah &amp;amp; Dhananjay Mahapatra, Only the 2nd midnight hearing in SC history, May 17, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The dramatic post-midnight hearing marks only the second time in the judicial history of independent India that such an event has taken place. In the previous instance, a three-judge Supreme Court bench began hearing a petition seeking postponement of Yakub Memon’s execution at 3.24am on July 30, 2015. At 4.46am, Yakub’s final petition was dismissed.&lt;br /&gt;
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'''NOTE: As we have seen above, the case regarding the swearing-in of the Karnataka government was not the second late-night hearing, but perhaps the fourth.  See [[Karnataka: political history ]]&amp;gt; 2018 '''&lt;br /&gt;
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=Lawyers’ insinuations =&lt;br /&gt;
==2019: A denigration of the judiciary==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F31&amp;amp;entity=Ar00302&amp;amp;sk=7510F3AA&amp;amp;mode=text  Dhananjay Mahapatra, Insinuations by lawyers make our job hard, says SC, January 31, 2019: ''The Times of India'']&lt;br /&gt;
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Ringing the alarm bell, the Supreme Court said in a hard-hitting judgment that it was becoming increasingly difficult for judges to render justice in a fair, impartial and fearless manner because of insinuations made by advocates in cases of political importance.&lt;br /&gt;
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“Whenever any political matter comes to court and is decided, either way, political insinuations are attributed by unscrupulous persons/ advocates. Such acts are nothing but an act of denigrating the judiciary itself and destroys the faith of the common man which he reposes in the judicial system,” a bench of Justices Arun Mishra and Vineet Saran said in its 75-page judgment.&lt;br /&gt;
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Taking note of the tendency among some advocates to rush to the media from courtrooms, the bench said “hunger for cheap publicity is increasing” and termed it as anathema to the standards of the noble profession. “Statutory rules prohibit advocates from advertising and cater to press/media,” it said, adding it had become common to dish out “distorted versions of court proceedings”.&lt;br /&gt;
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'''JUSTICE DELIVERY'''&lt;br /&gt;
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''Cases cannot decided by media trial, says apex court''&lt;br /&gt;
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This had a chilling effect on judges who could not go to the media with their point of view, the bench said. “It is making it more difficult to render justice in a fair, impartial and fearless manner,” the bench said and complained that making public accusations against judges was a tactic adopted by unscrupulous elements to “influence the judgment and even to deny justice with ulterior motives”.&lt;br /&gt;
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In the last year, apex court judges have faced a lot of insinuations from activist lawyers while dealing with politically sensitive matters — plea of Muslim parties for reference of Ayodhya land dispute to a five-judge bench, petition seeking quashing of UAPA charges against social activists including Sudha Bharadwaj and Gautam Navlakha, plea for SIT probe into judicial officer B H Loya’s alleged suspicious death, PILs for probe into Rafale jet purchase and petitions challenging the Centre’s decision to divest then CBI director Alok Verma of his powers.&lt;br /&gt;
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“Something has to be done by all concerned to revamp the image of the bar,” the SC said. Writing the judgment for the bench, Justice Mishra said, “It is impermissible to malign&lt;br /&gt;
&lt;br /&gt;
the system itself by attributing political motives and false allegations against the judicial system and its functionaries. Judges who are attacked are not supposed to go to the press or media to ventilate their point of view.”&lt;br /&gt;
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Taking note of hype created in media by certain advocates in matters of political importance, the SC said, “Cases cannot be decided by media trial... No outside interference is permissible. A lot of sacrifices are made to serve the judiciary for which one cannot regret as it is with a purpose and to serve judiciary is not less than the call of military service.&lt;br /&gt;
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“For the protection of democratic values and to ensure that rule of law prevails in the country, no one can be permitted to destroy the independence of the system from within or outside... Let each of us ensure our own institution is not jeopardised by the blame game and make an endeavour to improve upon its own functioning and independence.”&lt;br /&gt;
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The SC was testing the validity of the rule framed by Madras high court empowering it to debar an advocate to control situations which arose in the past, including shouting of slogans, using foul language against judges and vandalism. Though anguished by past conduct of lawyers in the HC, it struck down the rule and said the HC could not usurp disciplinary powers vested in bar councils.&lt;br /&gt;
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=Political interference=&lt;br /&gt;
==1967-2018==&lt;br /&gt;
Difficulty of being CJI in the shadow of politics over removal&lt;br /&gt;
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Dhananjay.Mahapatra 02 April 2018 The Times of India &lt;br /&gt;
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Renowned lawyer and senior Congress MP Kapil Sibal [in March 2018] accused the NDA government of “continuously assaulting the judiciary” while echoing Justice Jasti Chelameswar’s view that the Centre was “putting collegium recommendations on the back burner if the names are not to its liking”.&lt;br /&gt;
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Sibal was quoted as saying in a media report, “They have first filled educational institutions with R S S pracharaks. Now, they are trying to infiltrate the judiciary with people having such mindset.”&lt;br /&gt;
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A few weeks ago, Sibal had retorted to CJI Dipak Misra’s courtroom comment that he must read history by saying he was both a student and teacher of history. Sibal is well versed in the judiciary’s history too, we are sure. Probably, he needs to refresh his memory, especially because he is among the few in Congress strenuously pushing for moving a removal motion against CJI Misra in Parliament.&lt;br /&gt;
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The January 12 press conference by senior SC judges led by Justice Chelameswar against the CJI had attracted magnetic support from Left leaders friendly to a rebel judge. The Congress, in the process of replacing old warhorses with prime stallions to keep the party chariot competitive for the derby of general elections, decided to cash in on the situation as many important cases, including politically usable Ayodhya and death of judge B H Loya, were being heard by a CJI-led bench.&lt;br /&gt;
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Some Congress lawyer-MPs saw the opportunity to hit hard with a removal motion as the judiciary was red hot with an internal dissension fuelled by one person’s insatiable desire to wreak vengeance because he could not become CJI. Personal ambitions surely cause disturbances in the normal functioning of a system, be it judiciary or politics. And we surely don’t deny what Justice Chelameswar said in his March 21 letter, quoting Robert H Jackson, that “men are more often bribed by their loyalties and ambitions than by money”.&lt;br /&gt;
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Attempts are on to get the draft motion signed by 50 Rajya Sabha MPs, the number required for moving it in Parliament. Before we refer to pages of judicial history to understand Sibal’s comment that the NDA government is trying to fill judiciary with “such mindset”, a discussion on the fallout of a removal motion against the CJI will help understand the gravity of the situation.&lt;br /&gt;
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Today, the Congress with 54 MPs in RS may well be able to bring a removal motion against the CJI, howsoever frivolous or imaginary the charges may be. Tomorrow, the NDA, which too has more than 50 MPs in RS, could cook up some charge to bring a removal motion against the No.2 in the SC. Another party can start a campaign for a removal motion against the third in the SC hierarchy.&lt;br /&gt;
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Where will it end? Which judge will willingly become CJI in such a dreadful scenario and risk his dignity and reputation? Worse, will this kind of political one-upmanship not force a judge to ensure political support before becoming CJI to counter threats of removal?&lt;br /&gt;
&lt;br /&gt;
Bringing a removal motion against a CJI or a judge based on unverified charges has a numbing effect on the institution and stunts public faith in it. Lawyers become MPs not because they are great politicians. Success in court brings them money and fame, accelerating their rise in political parties. When they attempt to cow down the judiciary by casting a shadow through a phantom removal motion, it is akin to an assault on the very tree that nurtured their growth.&lt;br /&gt;
&lt;br /&gt;
Unlike today’s Congress, led by a youthful president Rahul Gandhi, the party split in 1969 after a bitter war between veterans on one side and the young Turks on the other led by Indira Gandhi. The split reduced her government to a minority, but she continued as PM with support from Left parties. The landmark SC decision in Golaknath case in 1967 curtailing Congress government’s power to amend the Constitution and the political red nose caused by the 1970 Privy Purses judgment forced Indira to call mid-term polls.&lt;br /&gt;
&lt;br /&gt;
A heady 352 seats in Lok Sabha in 1971 strengthened her resolve to infiltrate the SC with “committed judges”. The task was meticulously carried out by law minister H R Gokhale, the Bombay HC judge turned politician; steel and mines minister S Mohan Kumaramangalam, a barrister and earlier a prominent communist leader; and S S Ray, another barrister and a close confidant of Indira.&lt;br /&gt;
&lt;br /&gt;
To overrule an 11-judge bench decision in the Golaknath case, the SC decided to set up a 13-judge bench for Kesavananda Bharati case. Eight SC judges were appointed just before the hearing in Kesavananda case began to ensure most of them found place in the 13-judge bench for a favourable ruling.&lt;br /&gt;
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Justice P Jaganmohan Reddy in his book ‘We Have Republic’ wrote, “Of these eight, two were said to be Gokhale’s nominees (D G Palekar and Y V Chandrachud of Bombay HC); one of Kumaramangalam (K K Mathew of Kerala); two of Ray (S C Roy and A K Mukherjea) and two from the PM (M H Beg and S N Dwivedi); only one was CJI S M Sikri’s nominee (H R Khanna). One died before the case was heard. Of the seven who heard the case, five upheld the government’s point of view.&lt;br /&gt;
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A legendary researcher on SC judges, George H Gadbois, wrote, “Seven of the nine Sikri era appointees were members of the Kesavananda bench, and five of these did support what can be considered the government’s wishes. But they were in the minority with A N Ray. Khanna, who cast the deciding vote, and Mukherjea joined the five pre-Sikri era court appointees in the majority.”&lt;br /&gt;
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The 7-6 majority carved out the basic structure doctrine while fortifying and reinforcing Golaknath judgment much to the chagrin of Indira, whose government wreaked vengeance a day after the Kesavananda judgment was delivered on April 23, 1973, by announcing that A N Ray, fourth senior most SC judge, would be the new CJI to supersede K S Hegde, J M Shelat and A N Grover. The three resigned. The judiciary was to endure many painful wounds inflicted by Congress governments in the succeeding years. We will narrate those some other time. The above example is meant to refresh Sibal’s memory about “assault on judiciary”.&lt;br /&gt;
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As a celebrated lawyer, Sibal should discharge his debt for the fame he has earned through the judiciary. He has ability, knowledge and craftsmanship to differentiate himself from hawkish politicians, whose feathers resemble those of Gokhale, Kumaramangalam and Ray. The choice is his.&lt;br /&gt;
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=Preferential listing of star lawyers’ cases=&lt;br /&gt;
==Not done for Ram Jethmalani/ Ansal==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Star-lawyers-may-not-get-to-jump-queue-04032017001044  Dhananjay Mahapatra, Star lawyers may not get to jump queue, March 4, 2017: The Times of India]&lt;br /&gt;
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Star lawyers getting preferential listing of cases of rich and famous clients in the Supreme Court is a trend that could be reversed under the new Chief Justice of India J S Khehar (in pic), as renowned lawyer Ram Jethmalani found out.&lt;br /&gt;
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In the past, engaging top lawyers to steal a march over others in getting cases listed for early hearing usually worked, with previous CJIs acting in deference to the stature of the lawyers.&lt;br /&gt;
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Khehar, however, has emphasised procedural equality since taking over. Time and again, he has told lawyers requesting early hea ring that their clients would not be permit ted to jump the queue.&lt;br /&gt;
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Friday provided more evidence of this when Jethmalani, appearing for Gopal Ansal (convicted in the Uphaar case), requested urgent listing of the tycoon's application seeking reduction of the jail term awarded to him. The court also rejected Ansal's plea for exten sion of his surrender deadline of March 9 to serve the remaining part of his one-year sentence.&lt;br /&gt;
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Jethmalani had sought urgent listing of Gopal's plea seeking parity in sentence with his elder brother Sushil Ansal, who was let off by the court on February 9 saying the sentence already undergone by him was adequate punishment keeping in view his age and ailments. Jethmalani had said Gopal too was old and suffered age-related ailments and, hence, was entitled to parity in sentence. The CJI had said the application would be listed on Friday if the SC registry found no objection. But the registry did find objections and the matter was not listed on Friday .&lt;br /&gt;
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Jethmalani complained about it to the CJI on Friday and sought urgent listing and said the court should extend the surrender deadline in the alternative. Justice Khehar firmly told Jethmalani that there was a procedure for everyone to follow. “If the registry has found objections and refused to list the matter, Jethmalani's client can appeal against the registry's order,“ the CJI said and refused to bestow any preferential treatment to the noted lawyer.&lt;br /&gt;
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=Rape=&lt;br /&gt;
== No liberal approach , mediation or compromise in rape cases : SC ==&lt;br /&gt;
[http://www.dailyexcelsior.com/no-liberal-approach-mediation-or-compromise-in-rape-cases-sc/ Daily Excelsior , No liberal approach , mediation or compromise in rape cases : SC &amp;quot;Daily Excelsior&amp;quot; 2/7/2015]&lt;br /&gt;
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It would be a “spectacular error” to adopt a soft approach on cases of rape or attempt to rape and there cannot be any compromise or mediation in such cases, the Supreme Court said in a stern message today.&lt;br /&gt;
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“When a human frame is defiled, the ‘purest treasure’, is lost. Dignity of a woman is a part of her non-perishable and immortal self and no one should ever think of painting it in clay. There cannot be a compromise or settlement as it would be against her honour which matters the most,” a bench headed by Justice Dipak Misra said.&lt;br /&gt;
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“We would like to clearly state that in a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of.&lt;br /&gt;
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“These are crimes against the body of a woman which is her own temple. These are offences which suffocate the breath of life and sully the reputation. And reputation, needless to emphasise, is the richest jewel one can conceive of in life. No one would allow (it) to be extinguished,” the bench, which also comprised Justice Prafulla C Pant, said.&lt;br /&gt;
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The strong remarks came as the apex court criticised a Madhya Pradesh High Court judge who was influenced by the compromise entered into between the accused Madan Lal and the parents of the seven-year-old victim and had set aside the conviction and five-year sentence for the rape. (PTI)&lt;br /&gt;
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= Religious bias=&lt;br /&gt;
==SC objects to Bombay HC citing religious identity of victim to grant bail to accused==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/violence-in-name-of-religion-cannot-be-justified-supreme-court/articleshow/62934313.cms  Amit Anand Choudhary, Violence in name of religion cannot be justified: Supreme Court, February 15, 2018: ''The Times of India'']&lt;br /&gt;
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'''HIGHLIGHTS'''&lt;br /&gt;
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Judiciary must be fully conscious of the plural composition of the country while adjudicating issues pertaining to rights of various communities: SC&lt;br /&gt;
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SC bench quashed the order of the Bombay high court granting bail to accused for allegedly killing a Muslim youth in 2014&lt;br /&gt;
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“The fault of the deceased was only that he belonged to another religion. I consider this factor in favour of the accused ... ,” the Bombay High Court had said in its order while granting bail to three accused belonging to Hindu Rashtra Sena for allegedly killing a Muslim youth in 2014. &lt;br /&gt;
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Taking exception to the observation made by the high court, the Supreme Court on Thursday said that such remarks were uncalled for and reminded that the judiciary must be fully conscious of the plural composition of the country while adjudicating issues pertaining to rights of various communities. It said that any kind of violence in the name of religion or community could not be justified. &lt;br /&gt;
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A bench of Justices SA Bobde and L Nageswara Rao quashed the order of the Bombay high court granting bail to the accused saying that there was little discussion on the other relevant factors relating to granting or withholding bail in a murder case. It asked the the high court to reconsider the bail plea of the accused afresh as per law on merit without being influenced by any extraneous reason. &lt;br /&gt;
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“We have carefully perused the impugned order(s) granting bail and we find that there is little reference to/or discussion on the merits of the bail applications but we are satisfied that the significant reason for release is mainly the one stated above. We find that the aforesaid reason can, on a fair reading, be understood or misunderstood almost as a mitigating circumstance or a kind of a justification for the murder and it is obvious that the fact that the deceased belonged to a certain community cannot be a justification for any assault much less a murder,” the bench said. &lt;br /&gt;
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“While it may be possible to understand a reference to the community of the parties involved in an assault, it is difficult to understand why it was said that ‘the fault of the deceased was only that he belonged to another religion’ and further ‘I consider this factor in favour of the applicants/accused.’ We have no doubt that a court fully conscious of the plural composition of the country while called upon to deal with rights of various communities, cannot make such observations which may appear to be coloured with a bias for or against a community,” it said. &lt;br /&gt;
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“It is possible that the learned Judge wanted to rule out a personal motive against the victim, but only emphasize communal hatred. It is also possible that the learned single judge may not have intended to hurt the feelings of any particular community or support the feelings of another community but the words are clearly vulnerable to such criticism. The direction cannot be sustained,” the court said. &lt;br /&gt;
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The high court had on January 12 last year granted bail to Vijay Gambhire, Ganesh Yadav and Ajay Lalge, accused of murdering 28-year-old Mohsin Shaikh on June 2, 2014 in Pune. As per the prosecution, the trio had attended a meeting of Hindu Rashtra Sena to protest against defiling of a statue of Chhatrapati Shiva-ji Maharaj. The accused armed with hockey sticks and bats roamed the streets on the night of June 2 when they came across Shaikh and thrashed him to death. &lt;br /&gt;
&lt;br /&gt;
Their bail plea was rejected by lower court but the high court granted them relief. &amp;quot;The meeting was held prior to the incident of assault. The accused otherwise had no other motive such as any personal enmity against the innocent deceased Mohsin. The fault of the deceased was only that he belonged to another religion. I consider this factor in favour of the accused. Moreover, the accused do not have criminal record and it appears that in the name of the religion, they were provoked and have committed the murder,” a bench of Justice Mridula Bhatkar had said.&lt;br /&gt;
&lt;br /&gt;
=Remarks by judges during hearings=&lt;br /&gt;
==2018==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F08%2F13&amp;amp;entity=Ar01406&amp;amp;sk=B2A238CC&amp;amp;mode=text  Dhananjay Mahapatra, PILs infecting judiciary with off-the-cuff remark fever, August 13, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Once upon a time, the Supreme Court’s stray caustic remarks during hearing of a PIL or a petition involving an important social or political issue was taken very seriously by the public, the government and the legislature. Media used to headline the comments.&lt;br /&gt;
&lt;br /&gt;
Newspapers and TV channels still headline such caustic remarks, which now fly thick and fast from the SC and HCs on a daily basis. But these have lost their salutary effect.&lt;br /&gt;
&lt;br /&gt;
An SC bench led by Justice Madan B Lokur, infuriated by the frustratingly lackadaisical approach of authorities towards proper garbage disposal, asked why not dump the garbage at Raj Niwas, the official residence of Delhi’s lieutenant governor. One may be tempted to ask, why not Rashtrapati Bhavan, since the President is the head of the country and also lives in Delhi?&lt;br /&gt;
&lt;br /&gt;
Incidents of rape, that too by those who were guardians to hapless girls who had no one to run to, made the Justice Lokur-led bench to remark that “rapes are happening left, right and centre in India”. Are they? Incidents of assault on women are on the rise and do ring alarm bells. But when the SC says rape is rampant, it surely sends a signal to the world to brand India as unsafe for women.&lt;br /&gt;
&lt;br /&gt;
The same bench, while hearing a PIL on extra-judicial killings in Manipur, summoned the director of CBI, which had been entrusted with probing the killings widely perceived to be excesses by armed forces.&lt;br /&gt;
&lt;br /&gt;
To the bench’s question why the accused had not been arrested, the director said once chargesheet was filed, it was for the court to either send them to custody or grant them bail. Noticing that chargesheets had Section 302 IPC charges, the bench remarked that “murderers are allowed to roam free”. The SC bench forgot to use ‘alleged’ before ‘murderers’ to soften its un-required punch.&lt;br /&gt;
&lt;br /&gt;
This had its adverse impact on the armed forces, whose personnel put their lives on the line in disturbed areas to allow the legislature, the executive and the judiciary to function without the fear of ultras. Moreover, it is common knowledge that an accused is presumed innocent till he is pronounced guilty. How would the SC respond if one of the accused in the chargesheet moves an application and asks since the apex court has already termed him a ‘murderer’, would he get justice from the trial court.&lt;br /&gt;
&lt;br /&gt;
The SC has been freely making remarks against the executive and, in a few cases, against the legislature. In contrast, it has been very sensitive towards comments made against judges. It did not spare sitting Calcutta HC judge C S Karnan for making it a habit to launch diatribes against Supreme Court and high court judges and sent him to jail.&lt;br /&gt;
&lt;br /&gt;
When a Rajasthan HC judge made disparaging remarks against the HC chief justice in a judicial proceeding (State of Rajasthan vs Prakash Chand [1998 (1) SCC 1]), the SC came down heavily on him for breach of discipline. It said, “It is unbecoming of a judge of HC to travel out of the confines of the issue before him and to fish out material to unjustifiably malign someone, more particularly when that someone happens to be the one who is the head of the judicial family in the HC. We most strongly deprecate this practice.” Probably, PILs allow judges to take a 360-degree view than limit themselves to the subject matter of the case in hand!&lt;br /&gt;
&lt;br /&gt;
When the SC makes caustic observations, does it spare a thought that it might be hurting those bureaucrats who honestly do their jobs but are not succeeding in achieving desired results given the enormity of problems. When the SC has the licence to make such remarks, would HCs remain far behind?&lt;br /&gt;
&lt;br /&gt;
Recently, the Uttarakhand HC made news by giving the Ganga living entity status. It also ruled that animals had rights equal to that of human beings. Just a few days ago, the HC threatened to turn the oldest tiger reserve, Corbett National Park, into a race track for cars as the government had not evicted forest-dwelling communities and had failed to protect animals.&lt;br /&gt;
&lt;br /&gt;
Given the stinging observations of the SC, no doubt intended to solve problems, attorney general K K Venugopal sounded a caution and told the bench that there should be an impact assessment of orders on PILs at the ground level. He said before passing sweeping orders, the courts must examine impact on employment, investment and morale of the workforce.&lt;br /&gt;
&lt;br /&gt;
Interestingly, the SC nearly three decades ago had made a virtue of judicial restraint. In A M Mathur vs Pramod Kumar Gupta [1990 (2) SCC 533], it had said, “Judicial restraint and discipline are as necessary to the orderly administration of justice as they are to the effectiveness of the army. “This quality in decision making is as much necessary for judges to command respect as to protect the independence of the judiciary. Judicial restraint in this regard might better be called judicial respect, that is, respect by the judiciary.&lt;br /&gt;
&lt;br /&gt;
“Respect to those who come before the court as well to other coordinate branches of the state — the executive and the legislature. There must be mutual respect. When these qualities fail or when litigants and public believe that the judge has failed in these qualities, it will be neither good for the judge not for the judicial process.&lt;br /&gt;
&lt;br /&gt;
“The judges have absolute and unchallengeable control of the court domain. But they cannot misuse their authority by intemperate comments, undignified banter or scathing criticism of counsel, parties or witnesses. We concede that the court has the inherent power to act freely upon its own conviction on any matter coming before it for adjudication, but it is a general principle of the highest importance to the proper administration of justice that derogatory remarks ought not to be made against persons or authorities whose conduct comes into consideration unless it is absolutely necessary for the decision of the case.”&lt;br /&gt;
&lt;br /&gt;
These lines, said 28 years ago, still hold good for judiciary, if it wants to command respect from the public, the executive and the legislature.&lt;br /&gt;
&lt;br /&gt;
=Sealed cover proceedings=&lt;br /&gt;
==Adopted by the SC since 2000==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/sc-has-relied-on-sealed-cover-proceedings-in-several-cases-gujarat-riots-2g-coal-scam-cbi-rafale/articleshow/66801761.cms  Dhananjay Mahapatra, SC has relied on sealed cover proceedings in several cases – Gujarat riots, 2G, coal scam, CBI &amp;amp; Rafale, November 26, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
To prevent further damage to the CBI’s public image, already sullied by incessant mudslinging between CBI director Alok Verma and his deputy Rakesh Asthana, the Supreme Court had resorted to ‘sealed cover proceedings’ while asking all parties to maintain strict confidentiality. &lt;br /&gt;
&lt;br /&gt;
After a bench led by CJI Ranjan Gogoi ordered ‘strict confidentiality’, three CBI officers had filed applications challenging their transfers out of Delhi immediately after the Centre sent both Verma and Asthana on leave. &lt;br /&gt;
&lt;br /&gt;
The last application was by an IPS officer with 18 years experience. He did little justice to his experience as a police officer by relying on ‘unverified’ statement of Hyderabad-based businessman Sathish Babu Sana to make ‘shocking’ allegations against Asthana, the CVC, the NSA, a Union minister, the law secretary and a RAW special secretary. &lt;br /&gt;
&lt;br /&gt;
The real facts behind these ‘shocking’ allegations need to be found out. We also must know what impelled the IPS officer to level these allegations when the SC through ‘sealed cover proceedings’ was scrutinising the CVC report’s which contained “not so complimentary and very uncomplimentary’ remarks against Verma. &lt;br /&gt;
&lt;br /&gt;
But the ‘sealed cover proceedings’ appears to have disturbed some, who are questioning its efficacy. The same people have expressed similar doubts over sealed cover proceedings adopted by the SC in scrutinising the Rafale deal. Since 2000, ‘sealed cover’ proceedings have been adopted by the SC in Gujarat riot cases, the 2G spectrum allocation scam and the coal block allocation scam. &lt;br /&gt;
&lt;br /&gt;
In post-Godhra riots cases, R K Raghavan headed SIT had filed several sealed cover status reports before the SC. As the SC was gunning for the Gujarat government then headed by Narendra Modi, Raghavan was hailed as an independent investigator by social activists and their activist lawyers as media reported the summary of the contents of almost every SIT report. &lt;br /&gt;
&lt;br /&gt;
One SIT report unfortunately talked about an activist peddling exaggerated stories about riot victims as also tutoring witnesses. Reporting of this SIT report caused much discomfort. The activists’ lawyer vociferously and repeatedly pleaded with the SC to initiate contempt proceedings against the reporter for revealing details of the ‘sealed cover’ report. &lt;br /&gt;
&lt;br /&gt;
In arbitrary allocation of 2G spectrum by UPA government in 2008, the SC had routinely scrutinised ‘sealed cover’ CBI probe status reports. No one questioned the efficacy of such proceedings then. &lt;br /&gt;
&lt;br /&gt;
The SC yet again adopted ‘sealed cover’ proceedings to monitor CBI probe into coal block allocations under the UPA regime. The then PM too has been made an accused in the case, though the trial against him has been stayed since 2015 by the SC. &lt;br /&gt;
&lt;br /&gt;
Before the ex-PM was made an accused, the CBI made a startling admission on April 30, 2013 — probe status reports, prior to submission to the SC, were vetted by then law minister and two joint secretary level officers, one in the PMO and the other in the coal ministry. &lt;br /&gt;
&lt;br /&gt;
On May 8, 2013, the SC recorded, “The draft status report was shared with the law minister, law officers and two joint secretary level officers and at their instance some changes were made. Some of the changes made in these draft status reports are significant.” Changes related to CBI’s PE2, which was on alleged irregularities in coal block allocations during 2006-09, when the ex-PM held the coal portfolio. &lt;br /&gt;
&lt;br /&gt;
Those who had subjugated the CBI director, illegally vetted and audaciously made vital changes in the probe status report are now vociferous while shedding crocodile tears for the danger to the CBI’s autonomy. We hope there will be constructive criticism of a decision by the court rather than nitpicking over ‘sealed cover proceedings’. &lt;br /&gt;
&lt;br /&gt;
A majority of politicians and activists behave according to the season and circumstances. Very few rise above the surroundings to work for greater common good. It reminds us of a small story: Once a king dreamt of an owl flapping around his throne. None in the durbar could decipher the dream. The king announced a handsome reward of 10 gold coins. A long distance away, a farmer resting under a tree was day-dreaming of the reward. A bird on the tree told the farmer she would share the dream’s meaning if he agreed to share the reward. Farmer agreed. Bird said betrayal and treachery rules the roost in the kingdom. The farmer told the king what the dream meant. The king found it in sync with intelligence reports. The farmer’s happiness fizzled out as soon as he neared home as the thought of giving the bird five gold coins was gnawing him. He took an alternative road home. &lt;br /&gt;
&lt;br /&gt;
A year later, the king saw another dream. A knife revolving around his throne. He sent for the farmer, who ran straight to the bird, apologised for betraying her the last time, and promised to share the booty this time. The bird said the dream meant violence would erupt in the kingdom. Satisfied with the meaning of the dream, the king gave 20 gold coins to the farmer. The man was sadder this time and working himself into a fury by repeatedly asking – what will a bird do with 10 gold coins? While heading home, he picked up a stone. As he neared the tree and the moment the bird asked for her share, the man aimed the stone at her. The bird flew away. &lt;br /&gt;
&lt;br /&gt;
Next year, the king dreamt of a dove flying around his throne and again sent for the man, who ran to the tree, and profusely apologised for his treacherous and violent actions in the past. In bargain for same promise to share the reward, the bird said this time there is peace in the kingdom and the king could take up welfare works for citizens. A happy king rewarded the farmer with 50 gold coins. The man went straight to the tree, gave all the gold coins to the bird and sought forgiveness. &lt;br /&gt;
&lt;br /&gt;
The bird smiled and said gold coins were of no use to her. But few men can rise above the surroundings and prevailing atmosphere to behave like real men, she said and told the farmer to strive to be a real man who remains uninfluenced by the atmosphere of distrust and conspiracy. Prior to every election, politicians across the political landscape behave alike and trade charges against each other with the sole aim of winning votes. We hope times will change.&lt;br /&gt;
&lt;br /&gt;
= Sentences, concurrent or consecutive?=&lt;br /&gt;
==If for non-payment of fines, then consecutive/ 2018== &lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F09%2F22&amp;amp;entity=Ar01612&amp;amp;sk=5F1190DB&amp;amp;mode=text  Dhananjay Mahapatra, Sentences for non-payment of fine to run consecutively: SC, September 22, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Supreme Court ruled that if a convict fails to pay the fines imposed on him for separate offences, the sentences for default in payment would run consecutively not concurrently.&lt;br /&gt;
&lt;br /&gt;
Five persons, convicted under Maharashtra Control of Organised Crime Act (MCOCA), were fined Rs 5 lakh each under three sections of MCOCA and upon default, they were to undergo imprisonment of three years for each section.&lt;br /&gt;
&lt;br /&gt;
In an appeal before a bench of Justices Abhay Manohar Sapre and Uday Umesh Lalit, senior advocate Colin Gonsalves said the cumulative fine was Rs 15 lakh and upon default, the convicts had to undergo further imprisonment of nine years, even after serving 14 years in jail. Gonsalves pleaded that the default sentences must run concurrently, that is for three years.&lt;br /&gt;
&lt;br /&gt;
Writing the judgment for the bench, Justice Lalit referred to provisions of Criminal Procedure Code and said, “The idea is clear, the default sentence is not to be merged with or allowed to run concurrently with a substantive sentence. Thus, the sentence of imprisonment for nonpayment of fine would be in excess of or in addition to the substantive sentence.”&lt;br /&gt;
&lt;br /&gt;
Explaining why the sentences should run consecutively and not concurrently, he said, “Theoretically, if the default sentences awarded in respect of imposition of fine in connection with two or more offences are to be clubbed or directed to run concurrently, there would not be any occasion for the person so sentenced to deposit the fine in respect of the second or further offences. It would effectively mean imposition of one single or combined sentence of fine. Such an exercise would render the very idea of imposition of fine with a deterrent stipulation while awarding sentence in default of payment of fine to be meaningless.”&lt;br /&gt;
&lt;br /&gt;
Referring to the case at hand, the bench said if default sentences awarded in respect of each of those three counts under MCOCA were directed to run concurrently, the accused may not be inclined to deposit fine for two of the three counts.&lt;br /&gt;
&lt;br /&gt;
=See also=&lt;br /&gt;
[[Supreme Court: India]] (mainly SC's rulings)&lt;br /&gt;
&lt;br /&gt;
[[Supreme Court, India: Administrative issues]]&lt;br /&gt;
&lt;br /&gt;
[[Supreme Court: India: Chief Justices]]&lt;br /&gt;
&lt;br /&gt;
[[Supreme Court: India: Sitting judges]]&lt;br /&gt;
&lt;br /&gt;
[[Judicial appointments, senior: India]] mainly the Collegium debate&lt;br /&gt;
&lt;br /&gt;
[[Judiciary: India (powers, functions)]]&lt;br /&gt;
&lt;br /&gt;
[[Judiciary, superior: India]]&lt;br /&gt;
&lt;br /&gt;
[[Judiciary: India]]&lt;br /&gt;
&lt;br /&gt;
[[Witness protection: India]]&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Supreme_Court:_India</id>
		<title>Supreme Court: India</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Supreme_Court:_India"/>
				<updated>2019-02-17T05:56:28Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: /* 2018, Jan: Four SC judges’ press conference */&lt;/p&gt;
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=Article 142 in The Constitution Of India 1949=&lt;br /&gt;
142. ''' Enforcement of decrees and orders of Supreme Court ''' and unless as to discovery, etc &lt;br /&gt;
&lt;br /&gt;
( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe&lt;br /&gt;
&lt;br /&gt;
(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself&lt;br /&gt;
&lt;br /&gt;
==‘A tool for judicial dictatorship’ ==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=OPINION-Article-142-cant-be-tool-for-judicial-03042017002030      C A Sundaram| Article 142 can't be tool for judicial dictatorship Apr 03 2017 : The Times of India (Delhi)]&lt;br /&gt;
&lt;br /&gt;
'' (The writer is a Supreme Court lawyer) '' &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
As a committed democrat, I believe that an inefficient democracy is preferable to an efficient dictatorship and any form of absolutism, even by the judiciary, is unacceptable.&lt;br /&gt;
&lt;br /&gt;
The anathema of democracy is dictatorship, whether in the hands of an individual, a group or an institution. The very soul of a democracy is that the people's will is supreme. Howsoever wise be the 30 adorning the apex court and howsoever noble their motives, they can never speak for 1.2 billion people who speak through their representatives in the legislature.&lt;br /&gt;
&lt;br /&gt;
It is not a case of comparative wisdom or intellect since democracy itself owes its origins in Greece to the revolt against the rule of the intelligentsia. It is for this very reason that the founding fathers of our Constitution provided strictly for the separation of powers, which would maintain a balance and protect against any one institution overpowering or dominating the others.&lt;br /&gt;
&lt;br /&gt;
How then can 30 wise but unelected people exercise powers akin to legislation? More so, when the selection of future members into this august group is decided by five of their wisest, with none else given a me aningful role in such appointments. Such power to self-propagate has also been conferred by their own judgments.&lt;br /&gt;
&lt;br /&gt;
While the independence of the judiciary is to be strictly protected, with it comes the responsibility of acting within constitutional boundaries and resisting the temptation to venture into the terrain of other institutions in the absence of viola tion of constitutional and legal principles.&lt;br /&gt;
&lt;br /&gt;
Over the recent past, however, increasing powers are traced to Article 142 to decide a host of issues that would fall within the domain of other institutions. The exercise of such powers with no one to turn to against such exercise except the very body that had exercised the powers in the first place is certainly not democratic and bor ders on authoritarianism or at the very least, rule of the intelligentsia.&lt;br /&gt;
&lt;br /&gt;
Article 142 is an extraordinary power to be sparingly used where there is a legislative or executive void and comes into play when the conclusion is founded on statute or law but a remedy has to be created. Surely , its purpose is not replacing the wisdom of other institutions with that of the judiciary .&lt;br /&gt;
&lt;br /&gt;
''' The recent judgment ''' of the apex court overriding the objections of the states has also prohibited luxury hotels within 500 metres of a highway from serving liquor in restaurants, banquet halls or even to guests in their rooms.&lt;br /&gt;
&lt;br /&gt;
To name a few, Aero City in Delhi, Leela in Mumbai, and Grand Chola in Chennai are all subject to this embargo.Members cannot have a drink in iconic clubs like the Gymkhana. Even more surprising is that this fatwa was passed in a litigation expressing concern over liquor shops operating on the fringe of highways proving a temptation to passing motorists and encouraging drunk driving.&lt;br /&gt;
&lt;br /&gt;
The judgment was surprising as it is highly likely that a person going to Bukhara for dinner does so to break the monotony of his driving or that the hotel guest having a nightcap would be tempted to rush out and start driving.&lt;br /&gt;
&lt;br /&gt;
That stopping such people from drinking would make the highway safer defies logic. If it was to enforce a prohibition on the consumption of liquor, it was beyond the powers of the court and in the domain of the legislature. The only source relied on for the exercise of such power by the court is Article 142 of the Constitution which empowers it to pass orders to do complete justice to parties. Today it has become as uncertain and elastic in its use as an anteater's tongue.&lt;br /&gt;
&lt;br /&gt;
It is certainly not to decide that it would be more - wholesome for the populace if hotels legally built and legally serving numerous needs ought not to serve liquor since they may be used as a watering hole by thirsting motorists.&lt;br /&gt;
&lt;br /&gt;
==Art 142 used to end marriage after wife skips hearings==&lt;br /&gt;
[http://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2017%2F12%2F15&amp;amp;entity=Ar01703&amp;amp;sk=346BF5BD&amp;amp;mode=text  AmitAnand Choudhary, SC invokes extraordinary powers to end marriage after woman skips hearings, December 15, 2017: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Supreme Court dissolved a marriage after the wife refused to respond to its notice to appear in court to contest the case. The husband had been fighting a legal battle for the last three years after his wife withdrew her consent for divorce after filing a joint petition in the family court.&lt;br /&gt;
&lt;br /&gt;
A bench of Justices R K Agrawal and Abhay Manohar Sapre invoked the SC’s extraordinary power granted under Article 142 to dissolve the marriage without hearing the wife as she refused to respond to its notice issued on the husband’s plea. The court said she was not interested in keeping the marital relationship alive and allowed the husband’s divorce plea. Article 142 empowers the SC to pass order as is necessary for doing complete justice in any cause or matter pending before it. The couple got married in 2013 but the relationship soured soon after and they agreed to separate. They filed a joint petition in the family court seeking dissolution of marriage through mutual consent. The wife thereafter did not appear before the court which finally dismissed the petition. The man then approached the High Court of Judicature at Hyderabad which refused to grant him divorce after his wife’s lawyer contended that she had not given consent.&lt;br /&gt;
&lt;br /&gt;
Agreeing to examine his plea, the apex court had issued a notice to the wife to file her response but neither she not her lawyer appeared to argue the case. She did not appear before the court on 18 dates when the matter was taken up for hearing.&lt;br /&gt;
&lt;br /&gt;
Taking into account her conduct, the apex court dissolved the marriage and said there was no dispute that the couple had entered into an agreement to end the marital relationship.&lt;br /&gt;
&lt;br /&gt;
=Contempt of court=&lt;br /&gt;
==Calcutta HC on contempt: SC==&lt;br /&gt;
&lt;br /&gt;
The Times of India, Sep 18, 2011&lt;br /&gt;
&lt;br /&gt;
The Jalpaiguri district court was shut for a month by people demanding a Calcutta high court circuit bench there and the high court convicted 18 people, including the DGP of the West Bengal police, editor of a local daily, an ex-MP, an MLA and the district magistrate, for contempt. &lt;br /&gt;
When they appealed against their conviction and six-month jail term, the tables were turned in the Supreme Court, which not only quashed the contempt proceedings but also faulted the high court for not taking timely action during the agitation to help keep the district court open. &lt;br /&gt;
&lt;br /&gt;
The protesting public started the agitation on December 15, 2006 outside the main gate of the district court and requested the judicial officers not to go to court. It continued for a month till January 15, 2007. &lt;br /&gt;
&lt;br /&gt;
A bench of Justices P Sathasivam and B S Chauhan said the agitation was peaceful and the judicial officers were not forcibly prevented from attending the court. However, it reiterated that “the administration of justice should never be stalled at the instance of anyone including the members of the bar even for any cause.” &lt;br /&gt;
&lt;br /&gt;
The SC found that there was no request from the district judge or from the registrar general of the HC for removal of the rostrum put up in front of the gate and clearing of the protesters. It disagreed with the HC’s view that the DGP disobeyed the Chief Justice’s order for restoration of the district court’s functioning.&lt;br /&gt;
== Siddaramaiah, Sahara and other cases==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=LEGALLY-SPEAKING-High-and-mighty-in-country-make-03102016014045  Dhananjay Mahapatra High and mighty in country make judiciary drag its feet, Oct 03 2016 : The Times of India]&lt;br /&gt;
&lt;br /&gt;
Siddaramaiah's Snub To SC Not 1st Case Of Defiance By A CM&lt;br /&gt;
&lt;br /&gt;
Defiance of the Supreme Court's orders have al ways invited stinging punishment. Sahara group chief Subrata Roy will testify to that. He spent more than two years in jail and yet is not safe from the wrath of law. Last week, he was in real danger of being dragged back to prison just because his counsel made some intemperate arguments to test the SC's patience.&lt;br /&gt;
&lt;br /&gt;
Again in Sept 2016, the Justice Lodha committee complained to the SC that the Board of Control for Cricket in India (BCCI) was impeding and defying implementation of reforms ordered by the apex court. Asking the BCCI to fall in line, the SC issued a “we will set you right“ warning.&lt;br /&gt;
&lt;br /&gt;
But last week also saw Karnataka repeatedly flouting the SC's orders for release of Cauvery water to Tamil Nadu. Three times in the past one month, the state disobeyed the SC's orders. The political class came together and the assembly passed a resolution restraining the government from releasing water.&lt;br /&gt;
&lt;br /&gt;
The SC had no option but to reiterate its orders notwithstanding the assembly resolution. CM Siddaramaiah told the SC in clear terms that given the “will of the people of Karnataka“, he would disobey the court's orders.&lt;br /&gt;
&lt;br /&gt;
In a democracy , rule of law is maintained only when the violator faces reprisal of law swiftly and unwaveringly . For a commoner, the wrath of law has always been swift but when it comes to a mighty state or a chief minister, the SC has always been a little lenient.&lt;br /&gt;
&lt;br /&gt;
It is not the first time that Karnataka has disobeyed SC orders. In 2002, the SC had issued contempt notice to then chief minister S M Krishna for disobeying its October 4, 2002 order for release of 9,000 cusecs of water into Mettur reservoir. The contempt proceedings gathered dust. After six years, the SC disosed of the contempt proce edings taking into account Krishna's unconditional apology for the disobedience filed through senior advocate Fali S Nariman, who continues to be the counsel for Karnataka in the Cauvery dispute.&lt;br /&gt;
&lt;br /&gt;
Is Siddaramaiah drawing inspiration from the past? Difficult to say but the SC faces a real dilemma. If it hauls up the CM for contempt, it would help his popularity soar. And there is no guarantee of his successor implementing the SC's orders. As regards Siddaramaiah, he would not mind facing the wrath of law to emerge a martyr a few months ahead of assembly elections.&lt;br /&gt;
&lt;br /&gt;
If the court does not take action, then it could encourage other states to defy its orders hiding behind the “will of the people“. And at present, it takes virtually nothing to whip up public hysteria.&lt;br /&gt;
&lt;br /&gt;
In 1992, then UP chief minister Kalyan Singh had given an undertaking to the SC to maintain status quo at the disputed Ram Janmabhumi-Babri masjid site. It was flagrantly violated and the structure was razed to the ground. The SC convicted him for contempt of court.&lt;br /&gt;
&lt;br /&gt;
In Mohd Aslam vs Union of India [1994 (6) SCC 442], the SC said, “It is unhappy that a leader of a political party and chief minister has to be convicted of an offence of contempt of court. But it has to be done to uphold the majesty of law. We convict him of the offence of contempt of court.Since the contempt raises larger issues which affect the very foundation of the secular fabric of our nation, we also sentence him to a token imprisonment of one day. We also sentence him to pay a fine of Rs 2,000.“ Is that the wrath of law ­ one day's imprisonment or a fine of Rs 2,000?&lt;br /&gt;
&lt;br /&gt;
Importantly, the SC had aid, “Respect for law and its nstitutions is the only assuance that can hold a plura st nation together. Any atempt to achieve solutions to ontroversies, however ideoogically and emotionally urcharged, not on the basis f law and through judicial nstitutions, but on the trength of numbers will subert the fundamental values f our chosen political orga isation. It will demolish ublic faith in the accepted onstitutional institutions nd weaken people's resolve o solve issues by peaceful eans. It will destroy respect or rule of law and the authoity of courts, and seek to plae individual authority and trength of numbers above he wisdom of law.“&lt;br /&gt;
&lt;br /&gt;
Contrast this to a very reent example in the US. No ess than Alabama Supreme ourt chief justice Roy S More was suspended because e had ordered junior judges o defy an order of the US Su reme Court which validated ame-sex marriage in June ast year. That is what is caled the wrath of law which perates on the basis of the axim “you be ever so high, he law is above you“.&lt;br /&gt;
&lt;br /&gt;
Unfortunately in India, the wrath of law has always remai ed inversely proportional to he position and popularity of n individual. The higher he stands, lesser the chance of him acing the wrong end of the judicial stick. It will be interes ng to watch how the `wrath of w' story unfolds in the SC .&lt;br /&gt;
&lt;br /&gt;
= Curative jurisdiction=&lt;br /&gt;
==2017: AG calls for a review== &lt;br /&gt;
[http://epaperbeta.timesofindia.com//Article.aspx?eid=31808&amp;amp;articlexml=SCs-flawed-curative-jurisdiction-needs-urgent-relook-says-29042017013011  Dhananjay Mahapatra, SC's flawed curative jurisdiction needs urgent relook, says AG, April 29, 2017: The Times of India]&lt;br /&gt;
﻿&lt;br /&gt;
&lt;br /&gt;
﻿&lt;br /&gt;
'''Observation Comes Day After SC Rejected Centre's Plea On AFSPA'''&lt;br /&gt;
&lt;br /&gt;
A day after the Supreme Court dismissed the Centre's plea to exempt armed forces' personnel from prosecution for encounter deaths in areas under the Armed Forces Special Powers Act (AFSPA), attorney general Mukul Rohatgi on Friday made a strong pitch for review of the curative jurisdiction and called it “unfair and flawed“.&lt;br /&gt;
&lt;br /&gt;
The SC had devised the curative jurisdiction in 2002 in its order in the Rupa Ashok Hurra case whereby a litigant could, as the last recourse, seek reconsideration of a judgment even after a review petition had been dismissed, on grounds of alleged violation of principle of natural justice and bias. A curative petition is considered in chamber by a bench that includes the three senior-most judges of the SC and the judges who had delivered the judgment in question. Rohatgi gave three grounds terming the process for cura for terming the process for curative petitions as “unfair and flawed“. He said, “If the judges who had delivered the judgment and dismissed the review petition were to be part of the bench to hear the curative petition, then it is obvious that the result would go the same way as the fate of the review petition. If the intention is to have a relook at the judgment, then the curative petition must be placed before a bench which does not include the judges who had delivered the judgment.“&lt;br /&gt;
&lt;br /&gt;
Speaking to TOI, the AG also faulted the procedure adopted in deciding curative petitions. “In camera proceedings are contrary to the notion of dispensation of justice under public gaze. The court proceedings in India are open to public, except in exceptional circumstances,“ Rohatgi said.&lt;br /&gt;
&lt;br /&gt;
The third ground, he said, was the absence of petitioner's counsel to argue before the bench dealing with the curative petition. “The procedure established through the Hurra judgment is not in accordance with the principles of natural justice and deserves a relook urgently,“ he said. On Wednesday, the SC up held its direction for mandatory registration of FIR against armed forces personnel, even in disturbed areas under AFSPA, for every encounter death despite the Centre pleading that this order could jeopardise efforts to maintain peace and security .&lt;br /&gt;
&lt;br /&gt;
In a chamber hearing without the presence of law officers for the Centre, a bench of Chief Justice J S Khehar and Justices Dipak Misra, J Chelameswar, Madan B Lokur an U U Lalit had dismissed the Union government's curative petition against the judgment delivered last year. “We find no merit in the curative petition,“ it said before rejecting the plea.&lt;br /&gt;
&lt;br /&gt;
By the July 8, 2016 order, the SC had negated the protection against prosecution available to armed forces under AFSPA. The Centre had said, “If the position maintained by the impugned order continues, it may one day be well-nigh impossible to maintain peace and security .“&lt;br /&gt;
&lt;br /&gt;
=High Courts’ judgements and the SC=&lt;br /&gt;
==Complimenting HCs==	&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F21&amp;amp;entity=Ar01302&amp;amp;sk=A1C1C65B&amp;amp;mode=text  Dhananjay Mahapatra, How often does SC compliment HCs? Every now &amp;amp; then, January 21, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The fulsome praise showered by the Supreme Court on the Delhi high court for deciding the sexual harassment case against filmmaker Mahmood Farooqui may appear to be against the run of play because of the perception that HC verdicts are routinely overturned by the apex court.&lt;br /&gt;
&lt;br /&gt;
However, a quick scan of important cases heard by the apex court by way of appeals against high court verdicts reveals that, contrary to the widely held impression, in the majority of cases the SC has not only agreed with the HCs but even rebuked state governments for contesting well-reasoned orders. There have, of course, been instances of the apex court faulting HCs for falling into error.&lt;br /&gt;
&lt;br /&gt;
“The Supreme Court needs to be complimented for complimenting the high court,” said a senior lawyer.&lt;br /&gt;
&lt;br /&gt;
In March last year, the Calcutta HC ordered the CBI to take hold of all material, including Narada sting operation videos allegedly showing Trinamool members taking bribe, and register a preliminary enquiry (PE) in 72 hours. The West Bengal government cried foul and accused the CBI of political vendetta and appealed in the SC. The apex court strongly criticised the Mamata Banerjee government, made its counsel apologise, and held that the appeal was “most unfortunate” deserving “outright rejection”.&lt;br /&gt;
&lt;br /&gt;
The SC had said: “We have perused the order under challenge and it emerges that the HC took into consideration the material which required holding of PE at the hands of the CBI. We find no infirmity with the determination of the HC as the rights of petitioners are fully protected.”&lt;br /&gt;
&lt;br /&gt;
In February 2015, the Delhi high court restrained Prasar Bharati from sharing the free live telecast feed of cricket matches available to Doordarshan with cable operators. In August last year, the SC said the HC had correctly decided the case and affirmed the order.&lt;br /&gt;
&lt;br /&gt;
The Delhi high court will also draw satisfaction in the SC fully endorsing its verdict convicting four persons and awarding them death penalty for the gang rape and murder of ‘Nirbhaya’ in December 2012. The Supreme Court, after minute scrutiny of every piece of evidence, found no infirmity in the HC judgment. It is one of those rare cases where the trial court, the HC and the SC were on the same page.&lt;br /&gt;
&lt;br /&gt;
In contrast, the 2001Parliament attack case shows how scrutiny of evidence at the higher levels of judiciary makes certain evidence, relied on by the trial court, appear doubtful. In this case, the trial court had awarded death sentences on Mohammad Afzal Guru, Shaukat Hussain Guru and SAR Gilani, and a five-year jail term to Afsan Guru. The HC upheld the death sentence for Afzal and Shaukat but acquitted Gilani and Afsan. The SC, despite terming the HC order “well reasoned”, awarded death only to Afzal, a 10-year jail term to Shaukat and upheld the acquittal of Gilani and Afsan.&lt;br /&gt;
&lt;br /&gt;
In November last year, the Supreme Court had upheld an Uttarakhand HC verdict approving the assembly speaker’s decision to disqualify nine MLAs for defecting from Congress and said it was a “well-reasoned order”. In December last year, the SC was again on the same page with the Delhi HC in refusing to accord ‘Vande Mataram’ status equivalent to that of the national anthem.&lt;br /&gt;
&lt;br /&gt;
Last month, it also agreed with theDelhi HC and dismissed a petition filed by AAP member Raghav Chadha, who had challenged the trial judge’s decision to summon him to face proceedings in a defamation case filed against him by finance minister Arun Jaitley for merely retweeting an allegedly defamatory statement by Delhi chief minister Arvind Kejriwal.&lt;br /&gt;
&lt;br /&gt;
However, there are occasions when the SC expressed annoyance with the HCs, as it did last year in the fodder scam case. The Jharkhand HC had said the scam was a product of one conspiracy and hence former Bihar CM and RJD chief Lalu Prasad could not be made to face conspiracy charge in fodder scam cases relating to different treasuries. The SC overturned the order and criticised the HC for “ignoring the settled principles of law” that instances of illegal withdrawal of crores of rupees from every treasury require a separate trial. That is how Lalu Prasad came to be convicted in the second fodder scam case and faces more trials.&lt;br /&gt;
&lt;br /&gt;
= Impeachment =&lt;br /&gt;
[https://www.indiatoday.in/magazine/up-front/story/20180416-cji-dipak-mishra-impeachment-supreme-court-1206276-2018-04-05#ssologin=1#source=magazine Faizan Mustafa , Judging our judges “India Today” 16/2/2018]&lt;br /&gt;
&lt;br /&gt;
Yet no judge has so far been impeached in India. In 2010, senior lawyer and former law minister Shanti Bhushan asserted, in an affidavit in the Supreme Court, that out of 16 chief justices of India, as many as eight were 'definitely corrupt'. There was a move to impeach CJI M.M. Punchhi for acquitting a person on the basis of a compromise in a matter of criminal breach of trust-which is a non-compoundable offence-for allegedly extraneous considerations, but the requisite number of MP signatures could not be procured for the impeachment motion. Last year, CJI J.S. Khehar too was mired in a controversy over the suicide note of former Arunachal Pradesh chief minister Kalikho Pul. Justice Markandey Katju too had made serious allegations about the extension given to a Madras High Court judge by three CJIs under political pressure from the DMK and UPA.&lt;br /&gt;
&lt;br /&gt;
The ill-conceived, half-hearted and unrealistic move to impeach CJI Dipak Misra on charges that are hard to prove should cue attempts to put in place a system of judicial accountability short of impeachment.&lt;br /&gt;
&lt;br /&gt;
A judge can be impeached by Parliament on grounds of 'proved misbehaviour or incapacity'. Judges hold office, not only in India but also in, say, Britain and the US, during what may be termed as 'good behaviour' periods. The CJI too can be impeached like any other judge as he is simply the first among equals. The Supreme Court itself has held that 'misconduct' is a relative term that could connote &amp;quot;wrong conduct or improper conduct&amp;quot;. The Judges (Inquiry) Bill, 2006, did include wilful, persistent failure to perform duties within the definition of 'misconduct', but it is difficult to argue that writing of fewer judgments or wrong judgments amounts to 'misconduct' or 'incapacity'.&lt;br /&gt;
&lt;br /&gt;
Public perception matters in the discharge of judicial functions. If there is even a baseless perception that the CJI and/ or other judges are under the influence of the government and matters in which the government is interested are given to pliant benches, it may be a worrisome sign for the independence of the judiciary. However, none of this, including the controversial constitution of a seven- and then five-judge bench with great alacrity to overturn a decision of a three-judge bench in the Lucknow medical college case, may really meet the stringent criteria of 'misconduct'.&lt;br /&gt;
&lt;br /&gt;
Corruption is a cognisable offence, yet in the Justice K. Veeraswami case (1991), the apex court laid down that no FIR can be filed against a judge without the permission of the CJI. Although the case was about corruption, the Supreme Court extended protection to all cases. If the allegation of corruption is against a Supreme Court judge, the President could order an investigation in consultation with the CJI. If the allegation was against the CJI, the President had to consult other judges and act on their advice. In CJI Khehar's case, since the allegations were not only against him but also against the then President (Pranab Mukherjee), Khehar rightly ordered that the matter be referred to an appropriate bench.&lt;br /&gt;
&lt;br /&gt;
The impeachment process is so time-consuming and tortuous that it practically gives judges immunity. We, therefore, must evolve other mechanisms to evaluate the performance of judges. Judicial accountability promotes at least three discrete values: the rule of law, public confidence in the judiciary, and institutional responsibility. Many US states have a 'merit plan' to evaluate judicial performance. States such as Arizona, California and Utah have Judicial Performance Review Commissions/ Councils. These consist of not only judges and lawyers but also laypersons. New York and Alaska have systems of evaluation by trained court observers who make unscheduled court visits. Judges are evaluated on their knowledge of law, integrity, sentencing, impartiality etc. Judges must be judged too, and we need mechanisms that enable this.&lt;br /&gt;
&lt;br /&gt;
=Judgements, famous=&lt;br /&gt;
==Disaster relief order: 2016==&lt;br /&gt;
[http://epaperbeta.timesofindia.com//Article.aspx?eid=31808&amp;amp;articlexml=SC-erred-in-disaster-relief-order-26052016011035 ''The Times of India''], May 26 2016&lt;br /&gt;
&lt;br /&gt;
Dhananjay Mahapatra&lt;br /&gt;
&lt;br /&gt;
In its over-zealousness to protect the lives of citizens reeling under severe drought in several states, the Supreme Court has erred in directing the Centre to set up a National Disaster Mitigation Fund (NDMF) under a non-operational statutory provision which had riled the government.&lt;br /&gt;
Led by finance minister Arun Jaitley , the government had accused the judiciary of wanton interference in the executive's exclusive domain of earmarking funds for various purposes under the budgetary exercise.&lt;br /&gt;
&lt;br /&gt;
The SC on May 11 had quoted Section 47 of the Disaster Management Act, which provides for setting up of NDMF for projects exclusively for the purpose of mitigation -measures aimed at reducing the risk of disaster.&lt;br /&gt;
&lt;br /&gt;
Slamming the government, the SC had said, “Although the DM Act has been in force for more than 10 years, the NDMF has not yet been constituted. Therefore, there is no provision for mitigation of a disaster.“ It said since the Centre had not set up NDMF, it was unlikely that states or district administrations would have set up disaster mitigation funds.&lt;br /&gt;
&lt;br /&gt;
“As mandated by Section 47 of the DM Act, 2005, a Na tional Disaster Mitigation Fund is required to be established. Unfortunately, no such fund has been constituted till date. Accordingly, we direct the Union of India to establish a National Disaster Mitigation Fund within three months,“ the bench said and set August 10 as the deadline to set up NDMF.&lt;br /&gt;
&lt;br /&gt;
While the anxiety to come to the rescue of those affected by droughts was reflected in the judgment of Justices Madan B Lokur and N V Ramana, the bench missed the fact that Section 47 of the DM Act was not yet notified. None of the counsel -neither additional solicitor general P S Narasimha nor the advocates appearing for states -drew the court's attention to the fact that Section 47 mandating setting up of NDMF was not notified by the government and, hence, remained non-operative.&lt;br /&gt;
&lt;br /&gt;
As a result of this mistake, the SC ended up directing the Centre to implement a provision of law which for all practical purposes is non-existent.&lt;br /&gt;
&lt;br /&gt;
A day after the SC directed the Centre to set up NDMF, Jaitley said the judiciary was progressively appropriating the executive's powers. “Step by step, brick by brick, the edifice of India's legislature is being destroyed,“ he said and his remark was appreciated by MPs cutting across party lines.&lt;br /&gt;
&lt;br /&gt;
==Setting up a Disaster Response Force==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=SC-also-erred-in-asking-govt-to-set-28052016012059 ''The Times of India''], May 28 2016&lt;br /&gt;
&lt;br /&gt;
'''SC also erred in asking govt to set up Disaster Response Force: ASG'''&lt;br /&gt;
﻿&lt;br /&gt;
&lt;br /&gt;
﻿&lt;br /&gt;
Additional solicitor general P S Narasimha on Friday said the Supreme Court erred not only in directing setting up of National Disaster Mitigation Fund (NDMF) but also in asking the Centre to set up a National Disaster Response Force (NDRF).&lt;br /&gt;
Responding to a TOI report published on Thursday, Narasimha said during the arguments on a PIL filed by `Swaraj Abhiyan', he had pointed out to the court that Section 47 of Disaster Management Act had left it to the Union government's discretion whether or not to set up NDMF by using the words “the government may“.&lt;br /&gt;
&lt;br /&gt;
“Apart from this, I had also pointed out to the court that National Disaster Re sponse Fund under Section 46 was already constituted and in fact been operated since 2010. During the course of hearing, I had elaborately pointed out the distinction between mandatory provisions and those which are enabling,“ he said.&lt;br /&gt;
&lt;br /&gt;
He added that he had also brought to the court's notice the rejection of a proposal to set up NDMF by the 13th Finance Commission, which was of the view that funds were already available to different ministries under the DM Act for mitigation measures connected to a disaster.&lt;br /&gt;
&lt;br /&gt;
“Surprisingly , in its judgment on May 11, the court directed constitution of NDMF. Equally erroneously, the judgment directed formation of NDRF, although such a force has already been constituted under Section 44 with the requisite manpower. This fact was brought to the notice of the bench by a senior officer of the disaster management authority who was present in the court,“ Narasimha said.&lt;br /&gt;
&lt;br /&gt;
The ASG objected to the TOI report which said that “the bench missed the fact that Section 47 of the DM Act was not yet notified as none of the counsel -neither additional solicitor general P S Narasimha nor advocates appearing for the states -drew the court's attention to this fact“. TOI had reported that the SC had erred by directing constitution of NDMF as Section 47 was nonoperational.&lt;br /&gt;
&lt;br /&gt;
He said attribution of this omission to him was erroneous as he had presented all facts before the court.“For these reasons, I promptly advised filing of a review petition as these findings constitute errors apparent on the face of the record,“ he said.&lt;br /&gt;
&lt;br /&gt;
However, none of the written submissions presented by the Centre to the court during the hearing mentioned the fact that non-notification of Section 47 barred the court from directing the government to constitute NDMF.&lt;br /&gt;
&lt;br /&gt;
=Judges=&lt;br /&gt;
==Advocates who gained straight entry to the SC==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=4-new-SC-judges-2-rarities-05052016001068 ''The Times of India''], May 5, 2016&lt;br /&gt;
&lt;br /&gt;
2016: Senior advocate L Nageshwar Rao joined a super-exclusive club of advocates to gain straight entry to the SC: Kuldip Singh, Santosh Hegde, U ULalit and R F Nariman. Rao was additional solicitor gene ral under both UPA and NDA before resigning in 2015.&lt;br /&gt;
&lt;br /&gt;
==Both father and son as SC judges==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=4-new-SC-judges-2-rarities-05052016001068 ''The Times of India''], May 5, 2016&lt;br /&gt;
&lt;br /&gt;
2016: The collegium headed by the Chief Justice of India recommended appointment to the Supreme Court of Allahabad HC chief justice DhananjayChandrachud. Justice Chandrachud's father Yeshwant was CJI from February 1978 to July 1985. Appointed a judge in Bombay HC at just 40, Chandrachud Junior has nine years of service left and a strong chance of creating history by also becoming CJI. Only once before have both father and son made it to the SC N H Bhagwati and P N Bhagwati, who went on to become CJI.&lt;br /&gt;
&lt;br /&gt;
=Judges' differences with the Chief Justice=&lt;br /&gt;
==2018, Jan: Four SC judges’ press conference==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/shock-sc-judges-press-conference-let-nation-decide-about-cjis-impeachment/articleshow/62471142.cms      Supreme Court judges' press conference: 'Let nation decide about CJI's impeachment' | Jan 12, 2018  | TIMESOFINDIA.COM]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
[[File: Some brief profiles of Justice Dipak Misra, Justice Chelameswar, Justice Ranjan Gogoi, Justice Kurian Joseph and Justice Madan B Lokur.jpg|Some brief profiles of Justice Dipak Misra, Justice Chelameswar, Justice Ranjan Gogoi, Justice Kurian Joseph and Justice Madan B Lokur &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01417&amp;amp;sk=983FB026&amp;amp;mode=text  January 13, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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[[File: 2018 Jan- WHAT THE JUDGES' LETTER to the CJI SAID.jpg|2018 Jan- WHAT THE JUDGES' LETTER to the CJI SAID;  &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01404&amp;amp;sk=1CD28F5D&amp;amp;mode=text  January 13, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
NEW DELHI: In an unprecedented move, four senior Supreme Court judges today called a press conference to express their displeasure with the Chief Justice of India (CJI) Dipak Mishra and with the way he was assigning cases.&lt;br /&gt;
&lt;br /&gt;
''' Highlights ''' &lt;br /&gt;
&lt;br /&gt;
*The four judges' letter to the CJI [in Nov 2017] airing their grievance about selective assigning of important cases&lt;br /&gt;
&lt;br /&gt;
*&amp;quot;The CJI is only the first among equals nothing more and nothing less&amp;quot;, they said&lt;br /&gt;
&lt;br /&gt;
*The judges acknowledged that what they were doing - in calling a press conference - was highly unusual&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The four judges+ ' wrote a letter to the CJI two months ago, airing their grievances about selective assigning of important cases to judges who are junior to them. They also said they have issues with the assignment of the case to do with the mysterious death of Justice BH Loya, who was hearing the Sohrabuddin fake encounter case.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The convention of recognising that CJI is the master of roster and assigns cases to different benches is for disciplined and efficient transaction of court business and not a recognition of superior authority,&amp;quot; they said in the letter.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The CJI is only the first among equals nothing more and nothing less&amp;quot;, they added.&lt;br /&gt;
&lt;br /&gt;
The judges were Justice Chelameswar, Justice Gogoi, Justice Lokur and Justice Kurian Joseph. They said they are speaking out because &amp;quot;democracy will not survive if the judiciary is not impartial&amp;quot;. [These four honourable judges ranked at nos.1, 2, 3 and 4 among  the 24 [[Supreme Court: India: Sitting judges ]], not counting the Hon. Chief Justice of India, who obviously was senior to them all.]&lt;br /&gt;
&lt;br /&gt;
The judges said they were annoyed that the medical college admissions scam was sent to court no 7 after a Justice Chelameswar headed bench sent it to a five-judge bench of himself, the CJI and Justices Gogoi, Lokur and Joseph.&lt;br /&gt;
&lt;br /&gt;
They also said they wanted to highlight unspecified irregularities in the judiciary and to say that the CJI Mishra isn't doing anything to remedy the situation, despite the letter they wrote him some months ago.&lt;br /&gt;
&lt;br /&gt;
When the Justices were asked if the issues were to do with the Collegium as well, they didn't confirm or deny it. When asked if CJI Mishra should be removed, one of them said, &amp;quot;Let the nation decide on his impeachment.&amp;quot;&lt;br /&gt;
&lt;br /&gt;
They said they sent the CJI the letter but didn't hear back, and then they met him again this morning, to no avail.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;We collectively tried to persuade the CJI that certain things aren't in order so take remedial measures but unfortunately our efforts failed,&amp;quot; said Justice Chelameswar.&lt;br /&gt;
&lt;br /&gt;
The four judges said many &amp;quot;undesirable&amp;quot; things have occurred in the judiciary lately.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The administration of the SC is not in order and many things which are less than desirable have happened in last few months,&amp;quot; said Justice Chelameswar.&lt;br /&gt;
&lt;br /&gt;
A few minutes before the press conference, the SC said, separately, that the &amp;quot;mysterious death of Justice BH Loya is a serious issue&amp;quot;. They asked the Maharashtra government to present all documents to do with his death to the court on Monday. Justice Loya was hearing the Sohrabuddin fake encounter case and died under mysterious circumstances.&lt;br /&gt;
&lt;br /&gt;
The judges also had a grievance that the PIL seeking a probe into Justice Loya's death was assigned to court no. 10 and not to any of the first four benches other than CJI-led bench.&lt;br /&gt;
&lt;br /&gt;
The judges acknowledged that what they were doing - in calling a press conference - was highly unusual.&lt;br /&gt;
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=== A look at their career track and antecedents ===&lt;br /&gt;
[https://www.indiatoday.in/magazine/the-big-story/story/20180129-supreme-court-rebel-judges-cji-dipak-mishra-1148761-2018-01-19 Damayanti Datta , Brothers at war “ India Today” 29/1/2018]&lt;br /&gt;
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[[File: Brothers at war .jpg| Brothers at war [https://www.indiatoday.in/magazine/the-big-story/story/20180129-supreme-court-rebel-judges-cji-dipak-mishra-1148761-2018-01-19 .&amp;lt;br/&amp;gt; “ India Today”]|frame|500px]]&lt;br /&gt;
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===The events of that day===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F14&amp;amp;entity=Ar00903&amp;amp;sk=C743DE97&amp;amp;mode=text  Dhananjay Mahapatra, Judges’ presser sharpened double-edged swords wielded by activist lawyers, January 14, 2019: ''The Times of India'']&lt;br /&gt;
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It was Friday, January 12, 2018. Fridays in Supreme Court are busy days. But four seniormost judges wound up judicial work in 45 minutes. The SC corridor was agog with rumours about an impending unprecedented press conference by them. Journalists rushed to Justice Jasti Chelameswar’s official residence. History was made. The rumours came true. The judges cornered then CJI Dipak Misra.&lt;br /&gt;
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But Justice Chelameswar donned a worried look, his gaze fixed at the entrance of his residential bungalow. Explaining the worry lines on his forehead, he had said, “If the three johnnies don’t come, I will be in a soup as I had put my neck out.” The three — Justices Ranjan Gogoi, Madan B Lokur and Kurian Joseph — trooped in a little later. Justice Chelameswar sported a smile of relief.&lt;br /&gt;
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We all know what happened later — how an activist lawyer attended the presser, was stopped from asking questions by journalists and was closeted with Justice Chelameswar immediately after the press conference. How a Left leader went to meet Justice Chelameswar, how the presser was used to exert pressure on the then CJI by politician-lawyers to defer adjudication of Ayodhya case and how it became a ground for moving an unprecedented removal motion by Congress against the then CJI in Parliament.&lt;br /&gt;
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The presser further unnerved CJI Misra, who was on the back foot since November 2017 when Justice Chelameswar attempted to snatch the CJI’s power as ‘master of roster’ by setting up a fivejudge bench to hear a petition by ‘forum hunting’ activist-lawyers seeking a probe into the CJI’s alleged role in the medical college admission scam.&lt;br /&gt;
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CJI Misra had to hurriedly set up a five-judge bench to annul Justice Chelameswar’s order and reiterate the CJI’s sole prerogative in assigning a case to a particular bench and determining the number of judges on the bench. The CJI was damned by both the rebel judges and the activist-lawyers for allocating cases of national importance arbitrarily to select benches of “junior” judges perceived to have political leanings.&lt;br /&gt;
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Less than a year later, CJI Ranjan Gogoi notified a five-judge constitution bench to adjudicate the Ayodhya land dispute case. It surprised many as a three-judge bench on September 27 had rejected a demand for its reference to a five-judge bench and ruled that a three-judge bench would decide it.&lt;br /&gt;
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CJI Gogoi explained that he used his plenary powers under Order VI Rule 1 of Supreme Court Rules, 2013, to set up the five-judge bench. On wonders why the same rule was not the saviour for CJI Misra when he set up a five-judge bench for reiteration of the CJI’s prerogative in allocating cases to a bench and its numerical strength. While CJI Mishra was damned, the Muslim parties hailed CJI Gogoi saying “this is how a CJI must act”. If a CJI’s orders are favourable, activist-lawyers waste no time in crowning him as the most independent judge on earth.&lt;br /&gt;
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Allocation of petitions seeking probe into alleged suspicious death of judicial officer B H Loya to a bench headed by Justice Arun Mishra had triggered the January 12 presser. Justice Mishra recused. A&lt;br /&gt;
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three-judge bench led by CJI Misra heard the case and dismissed the petitions. They drew a lot of flak. The activist-lawyers missed no words in the dictionary to berate the then CJI.&lt;br /&gt;
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For any CJI, the SC is a pitch of quicksand prepared by activist-politician lawyers. The moment a judge gets into the post of CJI, these lawyers miss no opportunity to attempt to push him on the back foot to make sure the SC entertains their PILs, genuine as well as tainted, which give them immense clout in social, political and bureaucratic circles.&lt;br /&gt;
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A cornered CJI Misra reacted on expected lines and entertained a huge number of PILs. But CJI Gogoi is not one to be pushed on the back foot. When the CBI vs CBI PIL, followed by another on the Rafale aircraft deal, came up before him, he earned the ire of the same group of lawyers for the manner in which he surgically heard the cases without permitting lengthy arguments. Immediately, they turned against him.&lt;br /&gt;
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Even before the judgments were delivered, the activist-politician lawyers were at their usual work — spreading the word in the corridors and social media that CJI Gogoi would dismiss both petitions and that he was worse than CJI Misra. These lawyers have already started digging into the past to find some link to brand CJI Gogoi as close to the government. Such is the danger for a CJI.&lt;br /&gt;
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After his retirement, Justice Chelameswar had boasted that he had strived for transparency and objectivity in the collegium process for selection of judges to the SC and HCs. When he was part of the collegium, Justice Chelameswar had taken advantage of the then CJI’s proposal to abruptly change an earlier recommendation — a Karnataka HC judge’s transfer to Bombay HC was to be annulled and he was to be sent to Allahabad HC.&lt;br /&gt;
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Justice Chelameswar agreed, but with a quid pro quo — transfer a Kerala HC judge to Andhra Pradesh HC even though he knew that the HC judge, prior to his appointment, had given an affidavit to the SC to never press for his transfer back to AP HC. The CJI had to agree. But the Union government refused to act on this recommendation.&lt;br /&gt;
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The CJI Gogoi-headed collegium has now recommended transfer of that Kerala HC judge to Bombay HC, superseding its earlier recommendation. What is the status of transparency and objectivity, both then and now, which the judges’ press conference had pressed for?&lt;br /&gt;
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In SP Gupta case [1981 (sup) 1 SCC 87], described as the first judges’ case, the SC had said, “Unfortunately, it is the easiest thing to make false, reckless and irresponsible allegations against judges in regard to their honesty and integrity and in recent times, the tendency has grown to make such allegations against judges because they have decided the case in a particular manner, either against a dissatisfied litigant or contrary to the view held by a group or, section of politicians or lawyers or members of public.”&lt;br /&gt;
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How true today after nearly 40 years! When Justice Gogoi took umbrage to the Loya case allocation during the presser, activist-politician lawyers hailed him as the epitome of honesty, integrity, independence and fearlessness. In less than a year, the same lawyers have turned against him merely because he refuses to be cowed down by their tactics and continues to decide cases on merit, with or without meeting their expectations. Such is the life of a CJI, very lonely and unnerving.&lt;br /&gt;
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==The Five main issues that annoyed the Hon Judges==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/senior-sc-judges-press-conference-five-main-issues-that-annoyed-them/articleshow/62472066.cms     Senior SC judges' press conference: Five main issues that annoyed them | Jan 12, 2018|TIMESOFINDIA.COM]&lt;br /&gt;
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The four senior Supreme Court (SC) judges who called an unprecedented press conference today had grievances to do with the assignment of cases and how the Chief Justice of India Dipak Mishra was handling it. Here are the 5 main issues that annoyed them:&lt;br /&gt;
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1) The four senior judges+ believe that all important cases get heard by CJI-led bench and do not get distributed to other senior judges heading benches.&lt;br /&gt;
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2) The four judges also said there have been instances where cases that have far-reaching consequences for the nation and the judiciary were assigned by the Chief Justice selectively - to benches of their preference - and not based on rationality. &amp;quot;This must be guarded against at all costs,&amp;quot; said the 4 senior SC judges.&lt;br /&gt;
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3) Specifically, the Four judges were annoyed that a public interest litigation seeking a probe into Judge B M Loya's &amp;quot;mysterious&amp;quot; death was assigned to court no. 10 and not to any of the first four benches other than the CJI-led bench.&lt;br /&gt;
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4) The judges further had a simmering grievance about the medical college admissions scam being sent to court no 7 after a Justice Chelameswar headed bench sent it to a five-judge bench of himself, the CJI, himself, and Justices Gogoi, Lokur and Joseph. The medical college admissions scam is to do with the role of sitting and retired judges of high courts in enabling private medical colleges admit students to MBBS courses despite the apex court's order to the contrary.&lt;br /&gt;
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5) The four judges also said that it was wrong on part of CJI to head a small bench and deal with the memorandum of procedure when it was earlier heard by a five-judge bench.&lt;br /&gt;
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===They felt the ‘CJI was being remote-controlled’ ===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F03&amp;amp;entity=Ar00127&amp;amp;sk=4F4A6C0F&amp;amp;mode=text  Dhananjay Mahapatra, December 3, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: &amp;quot;Presser was Justice Chelameswar's idea&amp;quot;.jpg|&amp;quot;Presser was Justice Chelameswar's idea&amp;quot; &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F03&amp;amp;entity=Ar00127&amp;amp;sk=4F4A6C0F&amp;amp;mode=text  Dhananjay Mahapatra, December 3, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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'' ‘Judges With Perceived Bias Given Cases’ ''&lt;br /&gt;
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In a stunning claim, retired Supreme Court judge Kurian Joseph said he and three other most senior SC judges held their muchdiscussed press conference on January 12 as they felt that then CJI Dipak Misra was being controlled from outside and was allocating cases to judges with political bias.&lt;br /&gt;
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In an exclusive interview to TOI, Justice Joseph narrated in detail the turbulent times in the apex court, leading to the unprecedented press conference by him with three most senior judges — Justices Jasti Chelameswar, Ranjan Gogoi and Madan B Lokur. Asked what went wrong within four months of Justice Misra taking over as CJI, Justice Joseph said, “There were several instances of external influences on the working of the Supreme Court relating to allocation of cases to benches headed by select judges and appointment of judges to the Supreme Court and high courts.&lt;br /&gt;
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===’Held presser after all attempts failed’===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F03&amp;amp;entity=Ar01104&amp;amp;sk=92F63973&amp;amp;mode=text  Dhananjay Mahapatra, December 3, 2018: ''The Times of India'']&lt;br /&gt;
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“Someone from outside was controlling the CJI (Dipak Misra), that is what we felt. So we met him, asked him, wrote to him to maintain independence and majesty of the Supreme Court. When all attempts failed, we decided to hold a press conference,” former Supreme Court judge Kurian Joseph told TOI in an exclusive interview.&lt;br /&gt;
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Asked to elaborate on the “external influence”, Justice Joseph said, “Starkly perceptible signs of influence with regard to allocation of cases to different benches selectively, to select judges who were perceived to be politically biased.”&lt;br /&gt;
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Asked whether it was a unanimous decision to go for the press conference, he said, “Justice Chelameswar was the initiator of the idea of press conference. But we three agreed with him.”&lt;br /&gt;
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At the headline-hogging Press conference, the rebel judges questioned the functioning of then CJI Misra, including allocation of hearing of a petition seeking probe into the alleged suspicious death of judicial officer B H Loya to a bench headed by Justice Arun Mishra, who later recused from the case after a showdown with Justice Chelameswar at the routine morning meeting of SC judges on January 13.&lt;br /&gt;
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The presser and allegations of the then CJI getting cosy with the establishment were cited as grounds in the motion moved by Congressled opposition parties in the Rajya Sabha seeking Justice Misra’s removal. The notice for the motion was rejected by Rajya Sabha chairman M Venkaiah Naidu for lack of any convincing grounds.&lt;br /&gt;
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Born in a family with modest means, Justice Joseph persevered to rise in his profession, reaching the number three spot in the SC. His father was a clerk in the Kerala high court, where he started his practice in 1979 at the age of 26. He was appointed additional advocate general of Kerala in 1994 and was designated a senior advocate in 1996.&lt;br /&gt;
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“It was a proud moment for me when I took oath as a judge of the Kerala HC in 2000, the HC where my father had worked as a clerk. His meagre income was insufficient to run a large household comprising seven children. I used to go to school barefoot and got my first slippers when I was in Class 7,” he said.&lt;br /&gt;
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A deeply spiritual person, Justice Joseph believes that dispensing justice is a constitutional duty where compassion holds the balance. In his tenure of five years and eight months, he disposed of 8,612 cases and wrote over 1,000 detailed judgments.&lt;br /&gt;
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His prayer before deciding cases would humble the most knowledgeable, “I always had the same prayer on my lips when I heard a case: ‘God, let justice not be denied to a deserving person only because of my lack of knowledge or inadequate preparation on my part. And give me wisdom to discern justice in the case’.” Justice Joseph said he read each and every case file and his law clerks were utilised only for research purposes.&lt;br /&gt;
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==Allahabad HC, Devi Dayal case, 1959: CJ’s right to assign cases==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F22&amp;amp;entity=Ar02105&amp;amp;sk=8E903F63&amp;amp;mode=text  Dhananjay Mahapatra, SC may see transparency, but judiciary will pay price for presser, January 22, 2018: ''The Times of India'']&lt;br /&gt;
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No greater damage can be caused to the administration of justice and to the confidence of people in judicial institutions when judges of the higher courts publicly express lack of faith in the subordinate judges,” the Supreme Court had said more than two decades ago in Braj Kishore Thakur case [1997 (4) SCC 65]. The SC was commenting at the diatribe of an HC judge that a certain trial court judge did not have proper knowledge of law.&lt;br /&gt;
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Imagine the catastrophic damage to people’s faith in judiciary and administration of justice when four seniormost judges of the SC in a coup-like fashion engineered a tweet inviting the media to a certain judge’s residence, slipped out of the SC at noon on a busy Friday and stunned the world by holding a press conference expressing no confidence in the fairness of the Chief Justice of India in assigning sensitive cases of national importance. They alleged that these always went to hand-picked benches headed by junior judges. At the same time, they acknowledge that all judges in the SC were equal, hence no seniorjunior divide.&lt;br /&gt;
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Since 1950, various constitutional courts have frowned at litigants, lawyers and judges attempting to assign cases to a particular judge or bench. The Allahabad HC in Devi Dayal case [AIR 1959 Allahabad 421] had said, “It is only the chief justice who has the right and the power to decide which judge is to sit alone and which cases such judge can decide; further, it is again for the CJ to determine which judges shall constitute a division bench and what work those benches will do... It is for the CJ to allot work to judges and judges can do only such work as is allotted to them.” It went on to say that an order passed by a judge or a bench in a case would not be appropriate if that case had not been assigned to that judge or bench by the chief justice.&lt;br /&gt;
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The Allahabad HC ruling has been the signature tune of higher courts for the last six decades. In Narayan Shamrao Puranik case [AIR 1982 SC 1198], the SC had said, “The chief justice is the master of the roster. He has full power, authority and jurisdiction in the matter of allocation of business of the HC.” The CJ had this power not only as per rules but it “inheres in him in the very nature of things”.&lt;br /&gt;
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A full bench of Madras HC in 1991 in Mayavaram Financial Corporation Ltd had said, “The chief justice has the inherent power to allocate the judicial business of the high court including who of the judges should sit alone and who should constitute the bench of two or more judges. No litigant shall have a right to question jurisdiction of judges or the judge hearing the case. No person can claim as a matter of right that his petition be heard by a single judge or a division bench or a particular judge or a particular division bench. No judge or bench will assume jurisdiction unless the case is allotted to them under the orders of the CJ.”&lt;br /&gt;
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So, is the CJI’s decision to assign petitions on CBI special judge B H Loya’s death to a bench headed by a junior judge the real trigger for the unprecedented press conference? Or, was there more to it than meets the eye? Was the rebellion fuelled by personal ambitions of a certain someone? Or were there lawyerpoliticians who conspired to scuttle the exclusive prerogative of the CJI in assigning cases? Could it also be because the CJI appeared to expedite hearing in a seven year-old appeal in a certain 70-year-old ‘sensitive’ litigation brushing aside feverish and persistent pleas of lawyer-politicians to post it to July 2019? Did certain lawyers act as catalysts for the eruption in the press conference? Why did a lawyer who represents a petitioner in the Loya case attend the press conference and get closeted with the judge at whose house the presser was held? It is hard to lift the veil on the real cause behind the press conference.&lt;br /&gt;
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Sitting atop a pyramidal three-tier justice delivery system, the SC has been serving as the final arbiter of all kinds of disputes — political, social, economic and personal. By the very nature of judicial decisions, most often only one party to the dispute emerges victorious in a litigation. With stakes running high in cases, especially in commercial and public interest litigations which with time have become more and more political interest litigations, the lawyers seek an escape route for their failure in the SC by pushing the blame at ‘bad assigning’ of the case.&lt;br /&gt;
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In the age of free speech, dissent and accusations spread faster than plague on social networks. If one praises a certain judge, he will be branded a stooge and social media will register hundreds of likes from people who have no knowledge either about&lt;br /&gt;
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the person being targeted or the judge. Rumours travel faster than electricity and easily get accepted as ‘fact’ on social media. Take for example, an invitation extended to the media by the NALSA executive chairman, a very senior SC judge, to explain the help it is going to render to lakhs of poor litigants in the hinterland through legal clinics. Despite 24 hours notice, only a few journalists, mostly those who cover the apex court daily, turned up. In contrast, just a tweet went out hinting about the press conference of four senior judges barely half an hour before the event. It attracted swarms of print and electronic media journalists, including eminent ones who seldom cover courts.&lt;br /&gt;
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A seasoned politician would have been surprised by the media response at such short notice.&lt;br /&gt;
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The press conference’s attempt to demolish the unitary command structure of the CJI for assignment of cases appears to herald a coalition era in the SC and possibly would percolate to HCs. In the coalition era on the political front, a government, holding reins of power through a slender majority, was dependent on every single MP. This allowed each MP to have his coterie comprising intellectuals, journalists and activists. Thus, in the coalition era, a lot of people were happy as it served their personal ambitions and interests. In a single party government, there is a drastic reduction in the number of key MPs, which in turn shrinks the population of those thriving on patronage in these three tribes.&lt;br /&gt;
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Is judiciary going to see a similar coalition era after the press conference, when not only judges but lawyers, especially the activists and the brazenly belligerent ones, will have a say in deciding which judge should hear which case? Though the press conference might just be the bitter dose required for ushering in transparency in assigning of cases to benches, it has set a precedent for other judges.&lt;br /&gt;
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They now have the licence to hold a press conference whenever they feel the CJI, an HC CJ or any judge is doing anything wrong, even on a wrong perception.&lt;br /&gt;
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The press conference’s attempt to demolish the unitary command structure of the Chief Justice of India for the assignment of cases appears to herald a coalition era in the apex court and possibly would percolate to the high courts&lt;br /&gt;
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==Retired judges', AG's and lawyers' reactions==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/turmoil-in-supreme-court-top-developments/articleshow/62475813.cms     Turmoil in Supreme Court: Top developments|   Jan 12, 2018 | TIMESOFINDIA.COM]&lt;br /&gt;
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In what could be seen as possible damage control, ''' Attorney General ''' KK Venugopal hinted to ANI that the turmoil could be resolved by [the next day], even as he stressed that the press conference &amp;quot;could have been avoided.&amp;quot;&lt;br /&gt;
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&amp;quot;Today's press conference could have been avoided, but the Supreme Court judges are all statesman with vast experience and knowledge, and I am sure by tomorrow, the entire issue would be &lt;br /&gt;
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Sources in the government told news agency PTI that the conflict was an &amp;quot;internal&amp;quot; matter of the judiciary. This may reflect the ''' government's reluctance to interfere ''' &lt;br /&gt;
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Government sources, however, added that the apex court should settle the issue at the earliest as the faith of the people in the judiciary is at stake&lt;br /&gt;
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[http://www.indpaedia.com/ind/index.php/Supreme_Court:_India#.E2.80.98The_integrity_of_the_institution.E2.80.99    Supreme Court judges' press conference: Other judges' and lawyers' reactions | Jan 12, 2018 | TIMESOFINDIA.COM]&lt;br /&gt;
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Highlights&lt;br /&gt;
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Four senior Supreme Court (SC) judges today called an unprecedented press conference today acknowledged that what they were doing - in speaking to the media - was highly unusual. &amp;quot;This is an extraordinary event and it is with no pleasure we are doing this...We are left with no choice but to address the nation,&amp;quot; said Justice Chelameswar. Here is what other lawyers and some former SC lawyers have to say about that:&lt;br /&gt;
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* PB Sawant, former Supreme Court judge: Judges had to come before media &amp;amp; take this unprecedented step. This means that there is a serious dispute, either with CJI or some internal dispute.&lt;br /&gt;
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* Justice R.S. Sodhi: Issues don't matter. It is their complaint on administrative matter. They are only 4, there are 23 others. 4 get together and show the Chief Justice in a poor light. It is immature and childish behaviour. I think all 4 judges should be impeached, they have no business to sit there and deliver verdicts anymore.&lt;br /&gt;
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*Mukul Mudgal, retired high court judge: There must be some serious reason that they were left with no other option but to hold a press conference. But what connection does Loya have with this? I know nothing about this and I don't want to make comments about any political matter&lt;br /&gt;
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* Indira Jaising, Supreme Court advocate: I think it's a historic Press Conference. It was very well done. I think we, the people of India, have a right to know what is going on within the judiciary and I welcome this.&lt;br /&gt;
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* Salman Khurshid, senior advocate and Congress leader: Deeply sad and pained, also feel a sense of agony that the highest court of the land should come under such severe stress that forces judges to address the media.&lt;br /&gt;
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* Prashant Bhushan, lawyer and politician: It is certainly a very serious development which has cast a huge shadow on the Chief Justice. Somebody had to confront the situation, where CJI is blatantly misusing his powers, hence the unprecedented step (by the 4 judges).&lt;br /&gt;
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*Senior lawyer KTS Tulsi: I am sure they (four judges) have exhausted all other remedies. One could see pain on their faces while they were speaking. The whole matter is with respect to judicial propriety. The question is of natural justice. Whatever is the law for common man, it is applied much more rigorously as far as judges are concerned because they must always be above suspicion&lt;br /&gt;
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* BJP MP Subramanian Swamy: We can't criticize them, they are men of great integrity and have sacrificed a lot of their legal career, where they could've made money as senior counsels. We must respect them. The PM must ensure that the 4 judges and the CJI, in fact, the whole SC come to one opinion and proceed further.&lt;br /&gt;
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(With inputs from agencies)&lt;br /&gt;
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== Lawyer-politicians fanned the flames==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F03%2F05&amp;amp;entity=Ar01100&amp;amp;sk=3A9E7559&amp;amp;mode=text  Dhananjay Mahapatra, Lawyer-politicians ran with hares and hunted with the hounds after Jan 12 presser, March 5, 2018: ''The Times of India'']&lt;br /&gt;
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The unprecedented press conference by four seniormost Supreme Court judges on January 12 shattered the calm exterior of the judiciary. Most of the four wanted to “discharge their debt to the nation” by informing the public about the “anomalous” administrative decisions of the Chief Justice of India.&lt;br /&gt;
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They were naive to assume that their going public would force a course correction in the CJI’s administrative decisions, which included assigning of cases to benches headed by “junior” judges. After watching the unfolding events from close quarters, one is sure they would not have imagined that a simple “debt discharging” press conference would inflict a deep wound on judicial independence, invite political interference and, worse, allow lawyer-politicians to adopt a “run with the hare and hunt with the hounds” strategy to attempt to pressurise the CJI.&lt;br /&gt;
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The four judges candidly said that allocation of petitions seeking a probe into judicial officer B H Loya’s death to a “junior SC judge” was the tripping point.&lt;br /&gt;
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In reality, it was the personal perception about handling of the medical scam case, coupled with a judge’s unflagging ambition to achieve the unattainable, which fuelled the rebellion.&lt;br /&gt;
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Lawyer-politicians seized the opportunity and added two more cases — one, sudden activation of a dormant Ayodhya case on the request of BJP leader Subramanian Swamy and second, reopening of 1984 anti-Sikh riot cases by appointment of a committee headed by former Delhi HC judge S N Dhingra — to target the CJI.&lt;br /&gt;
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On the political front, these lawyer-politicians kept the CJI on tenterhooks by strongly lobbying with their party bosses to initiate a motion for the CJI’s removal. In court, they seamlessly slipped into black robes and smilingly argued before the bench seeking relief in politically sensitive cases.&lt;br /&gt;
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The SC had not experienced the machinations of such lawyer-politicians when it said in C Ravichandran Iyer case [1995 (5) SCC 457], “The judges of higher echelons should not be mere men of clay with all the frailties and foibles, human failings and weak character which may be found in those in other walks of life.&lt;br /&gt;
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They should be men of fighting faith with tough fibre not susceptible to any pressure — economic, political or any sort.”&lt;br /&gt;
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It is easy to say that judges must be of tougher material than lawyers, the community from which they are mostly drawn. But a threat to bring removal motion against a judge as a sinister design to make him cower in fear of ignominy has its effect on a man who also lives within society’s bounds.&lt;br /&gt;
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While lawyer-politicians attempted to reap advantage in important cases having political ramifications by attempting to subdue the CJI, the executive too found the fluid situation a fertile ground to undermine judicial independence. Though mercifully it did not interfere in the internal impasse, it definitely took advantage of lack of unity within the collegium to stall appointment of SC and HC judges.&lt;br /&gt;
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So, what did the press conference achieve? It is doubtful whether the grievance about allocation of cases to “junior” judges has been addressed. But surely, it opened the field for political and executive interference in judiciary? In 1995, two bar associations of Bombay (now Mumbai) passed resolutions demanding resignation of then Chief Justice of Bombay HC A M Bhattacharjee, alleging that an astronomical amount was paid by a foreign publisher to market two books authored by him abroad and that this could influence the CJ’s judicial decisions given the lawyers involved in striking the deal. This issue was brought before the SC by one Ravichandran Iyer. The SC had said that except Parliament dealing with a removal motion, “no other forum or fora or platform is available for discussion of the conduct of a judge in the discharge of his duties as a judge of the SC or HC, much less a bar council or a group of practising advocates. They are prohibited to discuss the conduct of a judge in the discharge of his duties or pass any resolution in that behalf ”.&lt;br /&gt;
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Referring to the “extraordinary complexity of modern litigation”, the SC had in the same judgment said, “The independence of judiciary is not limited only to independence from executive pressure or influence, it is a wider concept which takes within its sweep independence from any other pressure and prejudices. It has many dimensions, viz, fearlessness of other power centres, economic and political, freedom from prejudices acquired and nourished by the class to which the judge belongs.”&lt;br /&gt;
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The SC also talked about judicial individualism. It said every judge in constitutional courts enjoyed individual freedom and peers could not exert pressure to make him act in a charted manner.&lt;br /&gt;
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To buttress this argument, the SC had quoted the dissenting opinion of two US Supreme Court judges in the 1970 case ‘Stephen S Chandler vs Judicial Council of the Tenth Circuit of the US’.&lt;br /&gt;
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The dissenting judgment said, “Once a federal judge is confirmed by the Senate and takes his oath, he is independent of every other judge. He commonly works with other federal judges who are likewise sovereign. But neither one alone nor any number banded together can act as censor and place sanctions on him... Some judges may be displeasing to those who walk in more measured, conservative steps but those idiosyncrasies can be of no possible constitutional concern to other federal judges.” It is time SC and HC judges took stock of the fallout of the presser and put heads together to devise ways and means to ward off political, executive and economic powers ever so eager to exert influence on the judiciary, undermining the cardinality of judicial independence.&lt;br /&gt;
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==Differences first erupted over medical scam PIL==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/simmering-differences-in-supreme-court-had-first-erupted-over-medical-scam-pil/articleshow/62480997.cms  Dhananjay Mahapatra, January 13, 2018: ''The Times of India'']&lt;br /&gt;
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''Simmering differences in Supreme Court had first erupted over medical scam PIL''&lt;br /&gt;
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NEW DELHI: The closing of ranks in the judiciary, witnessed in the National Judicial Appointments Commission (NJAC) case three years ago when the Supreme Court (SC) revived the collegium system for the selection of judges to constitutional courts, lay in tatters on Friday when the simmering discontent among the top five SC judges burst out in the open. &lt;br /&gt;
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'''How cases are allocated in Supreme Court '''&lt;br /&gt;
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The immediate trigger for the unprecedented press conference by the four most senior judges — Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph — may have been CJI Dipak Misra's refusal to accede to their request to delete the PIL seeking a probe into CBI judge B M Loya's death from the list of business before court number 10 but the discontent over not being assigned important cases that get space in newspapers and TV channels was simmering for a long time, even before Misra took over the top post in August last year. &lt;br /&gt;
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Justice Chelameswar had protested against the manner in which the collegium functioned and even kept away from its meetings while deciding to put written comments on file for the selection of judges of the SC and HCs during the tenure of then CJI T S Thakur and continued with his stand during CJI H S Khehar's term. However, he had joined collegium meetings during CJI Misra's term. &lt;br /&gt;
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'''What the rift in SC is about '''&lt;br /&gt;
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The first of the major differences between Justice Chelameswar and CJI Misra surfaced in public when a PIL filed by the Committee for Judicial Accountability and Reforms alleging judges' involvement in a medical scam was mentioned for urgent hearing before a bench headed by Justice Chelameswar in December last year. Justice Chelameswar put it up for hearing the next day. But, as is the practice in the SC, the petition got referred to the CJI as the master of roster and he assigned it to a bench headed by Justice A K Sikri. &lt;br /&gt;
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But before the Justice Sikri-led bench could hear it the next day, another petition by advocate Kamini Jaiswal, which was identical to the one filed by the NGO, was mentioned for hearing before the bench headed by Justice Chelameswar with a prayer for urgent hearing. Justice Chelameswar ordered a hearing on the petition at 12.45pm and passed an order placing the petition before a five-judge bench comprising the CJI and the next four most senior judges. &lt;br /&gt;
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As veiled allegations were made against the CJI, with the petitioner's counsel mentioning the arrest of a former Orissa HC judge by the CBI for allegedly taking a bribe to fix a case relating to a medical college, the petition drew massive attention. The other bench headed by Justice Sikri ordered the matter to be placed before the CJI for hearing before an appropriate bench. &lt;br /&gt;
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With Justice Chelameswar virtually taking over the function of the CJI in assigning the petition to a Constitution bench, the CJI hurriedly convened a seven-judge bench, which, within minutes, got reduced to a five-judge bench, and a decision came swiftly that no judge other than the CJI can assign a petition to a particular bench as the CJI is the master of the roster. It annulled Justice Chelameswar's order and assigned the petition by Jaiswal to a bench of Justices R K Agrawal, Arun Mishra and A M Khanwilkar, who are no. 8, 10 and 17, respectively, in the hierarchy. &lt;br /&gt;
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Privately, the senior judges shared their anguish over the CJI not reposing trust in any of them with important cases. Later, the non-assigning of important cases to them, culminating with the petition on Loya's death, triggered the public outburst.&lt;br /&gt;
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==Trigger: Denial of senior bench for PIL on Judge Loya’s death==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar00312&amp;amp;sk=E2D6984D&amp;amp;mode=text  Dhananjay Mahapatra, Final trigger: Rejection of demand for senior bench to hear PIL on judge death, January 13, 2018: ''The Times of India'']&lt;br /&gt;
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New Delhi: The final trigger for the stunning press conference by the four seniormost judges of the Supreme Court came at 10.15am on Friday — just 15 minutes before commencement of proceedings — when&lt;br /&gt;
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Chief Justice Dipak Misra bluntly turned down their last-minute request to shift a politically sensitive case from a particular apex court bench.&lt;br /&gt;
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The CJI made it clear that he would not break tradition, backed by a recent five-judge bench decision giving him sole discretion to assign cases to benches of his choice.&lt;br /&gt;
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On Thursday, a CJI-led bench had admitted a public interest litigation (PIL) seeking a probe into the death of B H Loya, who as special CBI judge was hearing the case of gangster Sohrabuddin Sheikh’s “fake” encounter.&lt;br /&gt;
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The four judges — all members of the crucial collegium by virtue of being No. 2 to No. 5 in seniority — thought that a matter of importance to the integrity of the judiciary and to the nation should be assigned to a bench headed by a judge who was more senior than Justice Arun Mishra, who is 10th in the pecking order of the 25 Supreme Court judges.&lt;br /&gt;
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With the CJI refusing to heed the demand, the rebellious quartet hurriedly called the media at noon after quickly completing the day’s work.&lt;br /&gt;
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Loya died in Nagpur on December 1, 2014. The CBI court subsequently acquitted BJP president Amit Shah, who was among the accused, along with a few others.&lt;br /&gt;
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Supreme Court sources said Misra’s decision was backed by the November 2017 verdict saying the CJI was “master of the roster” and was free to assign cases to any bench and determine the number and composition of judges on a bench.&lt;br /&gt;
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Disappointed by the rejection of their request, the four judges told CJI Misra that they would act as they deemed fit. All four, heading separate benches from court numbers 2 to 5, finished their day’s work within one-and-ahalf hours and rushed to Justice Chelameswar’s house for a press conference which started at 12.20 pm.&lt;br /&gt;
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The CJI’s office said the chief justice has made it clear that he would not break with tradition giving him sole discretion to assign cases to benches of his choice.&lt;br /&gt;
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'''CJI’s office uses rebels’ quote, asks if all are equal, what is the fight'''&lt;br /&gt;
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Cases have been assigned by ex-CJIs — Justices H L Dattu, T S Thakur, J S Khehar — as per their discretion and the present CJI is not doing anything that is contrary to the tradition backed by the constitution bench ruling, sources in the CJI’s office said.&lt;br /&gt;
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This assertion by the CJI’s office found reflection in the letter written by the four seniormost judges to the CJI two months ago. It had said: “There have been instances where cases having far-reaching consequences for the nation and the institution had been assigned by the Chief Justices of this Court selectively to the benches ‘of their preference’ without any rationale basis for such assignment. This must be guarded against at all costs”.&lt;br /&gt;
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The letter also said: “The convention of recognising the privilege of the CJI to form roster and assign cases to different members/benches of the SC is a convention devised for disciplined and efficient transaction of business of the court but not a recognition of any superior authority, legal or factual of the CJI over his colleagues. It is too well settled in the jurisprudence of this country that the CJI is only the first among equals — nothing more or nothing less.”&lt;br /&gt;
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The CJI’s office used this quote and said if these most senior judges were equal to the so-called junior judges in the court, then “what is the grievance against a case getting listed before judge X or judge Y?”&lt;br /&gt;
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==‘Super sensitive’ cases that went to junior SC judges: 1997-2017==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F15&amp;amp;entity=Ar00302&amp;amp;sk=9A55AF0D&amp;amp;mode=text  Dhananjay Mahapatra, January 15, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: 1997-2017-  15 ‘super sensitive’ cases that went to junior SC judges.jpg|1997-2017-  15 ‘super sensitive’ cases that went to junior SC judges &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F15&amp;amp;entity=Ar00302&amp;amp;sk=9A55AF0D&amp;amp;mode=text  Dhananjay Mahapatra, January 15, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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'''See graphic''':&lt;br /&gt;
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''1997-2017-  15 ‘super sensitive’ cases that went to junior SC judges''&lt;br /&gt;
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[''15 ‘super sensitive’ cases in past 20 years went to junior SC judges'''&lt;br /&gt;
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The dramatic press conference by the four seniormost Supreme Court judges to allege that sensitive and important cases were being assigned to “select benches” headed by junior SC judges in the last few months — a charge intended to target Chief Justice Dipak Misra — appears contrary to the way in which such cases have been allotted in the past 20 years.&lt;br /&gt;
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TOI tracked the most ‘sensitive cases of national importance’ in the last two decades. Of them, at least 15 — including those relating to the Bofors scam, Rajiv Gandhi’s assassination, L K Advani’s trial in the Babri Masjid demolition case, the Sohrabuddin Sheikh fake encounter, Best Bakery and the case that changed how BCCI is run — all have one thing in common. They were assigned by the then CJIs not to any of the four seniormost judges of the SC but to ‘select benches’ headed by junior judges.&lt;br /&gt;
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There is little evidence to suggest that seniority of judges is a criterion for allocation of cases, as was suggested by the quartet of Justices J Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph in their letter to the CJI. The manner in which successive CJIs have assigned cases points to a more random selection of benches.&lt;br /&gt;
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Though the dissenting judges did not mention particular cases, apart from confirming that the case of Judge B H Loya was one, the view that “less senior” benches are not as competent does not seem to have been shared by past CJIs.&lt;br /&gt;
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'''Rajiv murder case was assigned to three junior Supreme Court judges'''&lt;br /&gt;
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Some legal experts have argued that the argument raised by the senior SC judges casts a shadow over the independence of other benches and this requires some supportive evidence. Other opinion has held that there is merit in the charges of ‘bench fixing’ levelled by the senior judges and requires a response by the CJI who has held that the roster is his domain as has been the case in the past. Those who disagree with the rebel judges point out that the suggestion that an effort to discreetly &amp;quot;help&amp;quot; the government in cases that might embarrass it needs to be backed up or could be seen as a means to pressure benches hearing various cases.&lt;br /&gt;
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The first of the important cases tracked by TOI relates to appeals filed in 1998 by Nalini and others challenging their conviction and death sentence in the Rajiv Gandhi assassination case. At that point of time, it was the most high profile case in the country. But the then CJI assigned it to three junior judges — K T Thomas, D P Wadhawa and S S M Qadri who sat in courts much farther than those headed by the fifth seniormost SC judge. No questions were raised over selection.&lt;br /&gt;
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In 1999, the CBI filed a new chargesheet in the Bofors case, making stunning allegations. NRI industrialist brothers Srichand and Gopichand Hinduja were made accused. The trial court refused bail. When they came to the SC seeking bail, the then CJI assigned it to court number 8, headed by junior judge M B Shah. They got bail by putting Rs 15 crore bonds. This was not regarded as 'bench fixing' by the then CJI.&lt;br /&gt;
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Advocate Lily Thomas filed a writ petition in 2005 seeking disqualification of MPs and MLAs upon their conviction and sentence for two or more years. Elected representatives were used to holding on to their memberships in Parliament and assemblies by filing an appeal. This game changing petition was assigned by the then CJI to court number 9, which was headed by Justice A K Patnaik, then a junior judge.&lt;br /&gt;
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The Best Bakery case came to SC in 2004 through a writ petition filed by Zahira Habibullah Sheikh. The Gujarat riots case, which earned the then Gujarat government the tag of 'modern day Nero', was handled by then junior judge Justice Arijit Pasayat sitting in court number 11.&lt;br /&gt;
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Rubabuddin Sheikh, brother of Sohrabuddin who was killed in a fake encounter, filed a writ petition in 2007. The case, which turned out to be politically crucial for Amit Shah and Gujarat police, was assigned to a bench sitting in court number 11 headed by Justice Tarun Chatterjee, one of the junior most SC judges at that time. Orders from the court created trouble for BJP and its leadership in Gujarat and did not attract any comment from activist lawyers about possible 'bench fixing'.&lt;br /&gt;
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In 2009, renowned advocate Ram Jethmalani launched a crusade against black money by filing a petition in the SC. The case, which became an election issue in 2014, was handled by court number 9 and by a bench of then 'junior judges' Justices B Sudershan Reddy and S S Nijjar. A year later in 2010, an NGO led by advocate Prashant Bhushan brought the case relating to alleged irregular allotment of 2G spectrum and the then CJI assigned it to court number 11 of Justices G S Singhvi and A K Ganguly. No one can fault the way they handled the case despite being juniors.&lt;br /&gt;
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The same year, the Delhi HC gave a landmark judgment decriminalising consensual sexual relationship in private between adults of LGBTQ community. The appeal by one Suresh Kumar Kaushal in the SC was assigned by to court number 11where a bench headed by Justice G S Singhvi heard it for the first time.&lt;br /&gt;
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In 2011, the CBI filed an appeal, after much dithering, questioning the Allahabad HC decision to drop conspiracy charge against L K Advani and a host of BJP stalwarts in the Babri masji demolition case. In March 4, 2011, the case was heard in court 8 by a bench of Justices V S Sirpurkar and T S Thakur. The bench changed to Justices H L Dattu and Chandramauli Prasad in court 11, then to court number 9 of Justices M Y Eqbal and Arun Mishra in 2016. It passed on to court number 6 of Justices P C Ghose and R F Nariman which gave judgment on April 19 last year reviving the conspiracy charge.&lt;br /&gt;
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In 2012, four explosive PILs were filed — irregular allotment of coal blocks that came close to singe then PM Manmohan Singh, validity of Aadhaar, validity of 66A of Information Technology Act and an alleged sexual assault case against Rahul Gandhi. The coal scam petition by advocate M L Sharma was assigned to a bench headed by Justice R M Lodha sitting in court number 7.&lt;br /&gt;
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The petition challenging the validity of Aadhaar was the only exception to the general rule as it was assigned to court number 5, headed by Justice B S Chauhan. Still the judges with seniority at two, three and four could harbour a grievance why it was not assigned to them by the CJI.&lt;br /&gt;
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An appeal filed by one Kishore Samrite presented a judgment passed by Allahabad HC, which had dismissed Samrite's petition with a cost of Rs 50 lakh, of which Rs 20 lakh was to be given to Rahul Gandhi. The then CJI assigned this to a bench of Justices V S Sirpurkar and T S Thakur in court number 8 and then changed the bench to Justices B S Chauhan and Swatanter Kumar, which dismissed it with a cost of Rs 5 lakh on Samrite.&lt;br /&gt;
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==Seniority is a sacred principle for judges==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01400&amp;amp;sk=6135F966&amp;amp;mode=text  Dhananjay Mahapatra, January 13, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: The numbering and organisation of the Supreme Court of India’s (upto) twelve counts, and the allotment of work to them.jpg|The numbering and organisation of the Supreme Court of India’s (upto) twelve counts, and the allotment of work to them &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01400&amp;amp;sk=6135F966&amp;amp;mode=text  Dhananjay Mahapatra, January 13, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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New Delhi: Seniority is a sensitive issue for high court judges — being the determinant of their career prospects, be it possible appointment as chief justice of an HC, elevation to the Supreme Court and, for the lucky ones, appointment as Chief Justice of India.&lt;br /&gt;
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Though there have been many instances in the past when HC judges were elevated directly to the SC as judges without becoming chief justices of HCs, the principle of seniority continues to be treated with utmost reverence.&lt;br /&gt;
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A judge in the SC gets seniority from the time he takes oath. If more than one take oath on the same day, the one who is sworn in first becomes the senior among them.&lt;br /&gt;
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In case of Justice Jasti Chelameswar, one of the prime movers in the revolt against CJI Dipak Misra on Friday, it was non-adherence to seniority in elevation to the SC as a judge that robbed him of the chance of becoming the CJI.&lt;br /&gt;
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Justice Chelameswar was appointed as an HC judge on June 23, 1997, which was after the appointment of CJI Misra and his immediate predecessor Justice J S Khehar. Justice Misra was appointed as an HC judge on January 17, 1996 while Justice Khehar was appointed on February 8, 1999. But Justice Chelameswar became chief justice of Gauhati HC on May 3, 2007, much before Justice Khehar (November 29, 2009) and Justice Misra (December 23, 2009).&lt;br /&gt;
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However, Justice Chelameswar’s seniority advantage of more than two years over Justices Khehar and Misra was nullified by the then collegium, which appointed Justice Khehar as an SC judge on September 13, 2011, nearly a month before Justices Misra and Chelameswar took oath on October 10, 2011.&lt;br /&gt;
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Fate again played played a trick with Justice Chelameswar as he took oath after Justice Misra, the latter, thus, becoming senior to him.&lt;br /&gt;
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If seniority had taken its course, Justice Chelameswar would have taken over CJI on January 4, 2017 after the retirement of then CJI T S Thakur; ie, before even Justice Khehar, who was succeeded by Justice Misra on August 28, 2017.&lt;br /&gt;
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With the collegium, along with destiny, deciding otherwise, Justice Chelameswar has never refrained from articulating his gripe about the games played in the collegium as it selects people as judges of the SC and HCs. He had put this angst on record in his dissenting judgment as part of the five-judge bench, which by majority had quashed the NJAC which was meant to end collegium’s monopoly in the appointment of judges of HCs and SC .&lt;br /&gt;
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Quoting former SC judge Ruma Pal Justice Chelameswar had said that the collegium acted like a coterie, and that there was a barter system among member judges.&lt;br /&gt;
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Seniority carries other benefits too, especially the privilege of appointing judges of the SC and HCs. The first three SC judges, including the CJI, get to select persons for appointment as judges of HCs. The privilege of appointing chief justices belongs to the five seniormost judges who comprise the collegium. The CJIheaded body also selects persons from among advocates, HC judges and HC CJs for appointment as SC judges. This earns the top five enormous respect among advocates and HC judges.&lt;br /&gt;
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=Judges’, including CJI’s, inter se seniority, authority=&lt;br /&gt;
==2018: ‘No Senior/ Junior Judges; CJI ‘ first among equals’, s/he alone can assign cases==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F04%2F12&amp;amp;entity=Ar00300&amp;amp;sk=59D30F83&amp;amp;mode=text  Dhananjay Mahapatra, SC: CJI ‘ first among equals’, alone entitled to assign cases, April 12, 2018: ''The Times of India'']&lt;br /&gt;
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''No Senior Or Junior Judges, Top Court Says''&lt;br /&gt;
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The Supreme Court ruled that there was no concept of “senior” or “junior” SC judges as all were equally competent to decide any case allotted to them by the Chief Justice of India, who alone had the power to constitute benches and assign cases.&lt;br /&gt;
&lt;br /&gt;
Dismissing a PIL filed by advocate Ashok Pande demanding that the CJI-headed three-judge bench must have the two other most senior judges on it, a bench of CJI Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said it was unimpeachably ruled earlier by a fivejudge bench that the CJI was the master of the roster and had the sole discretion of deciding the composition of benches and assigning cases.&lt;br /&gt;
&lt;br /&gt;
At an unprecedented press conference on January 12, four senior judges led by Justice J Chelameswar had specifically complained against the allocation of a petition relating to judicial officer B H Loya’s death to a bench headed by a “junior” judge while questioning the CJI’s alleged arbitrary allocation of important cases to benches headed by “select junior” judges.&lt;br /&gt;
&lt;br /&gt;
Writing the unanimous judgment that appeared to be a point-by-point rebuttal to the judges’ grievances aired in the press conference and Justice Chelameswar’s subsequent interaction with the media, Justice Chandrachud said the Chief Justice of India was the first among equals (judges) and had “exclusive prerogative in the allocation of cases and the constitution of benches”. He added, “As a repository of constitutional trust, the CJI is an institution in himself.”&lt;br /&gt;
&lt;br /&gt;
'''Chief justices of HCs to decide allocation of cases: SC'''&lt;br /&gt;
&lt;br /&gt;
Justice Chandrachud said: “The authority which is conferred upon the CJI, it must be remembered, is vested in a high constitutional functionary. The authority is entrusted to the CJI because such an entrustment of functions is necessary for the efficient transaction of the administrative and judicial work of the SC.”&lt;br /&gt;
&lt;br /&gt;
“The entrustment of functions to the CJI as the head of the institution is with the purpose of securing the position of the SC as an independent safeguard for the preservation of personal liberty. There cannot be a presumption of mistrust. The oath of office demands nothing less.”&lt;br /&gt;
&lt;br /&gt;
Slamming the petitioner’s attempt to classify Supreme Court judges as “senior” and “junior” according to the date of their taking oath in the apex court, Justice Chandrachud said, “Every judge appointed to the SC is invested with equal duty of adjudicating cases which come to the court and are assigned by the CJI. Seniority in terms of appointment has no bearing on which cases a judge should hear.&lt;br /&gt;
&lt;br /&gt;
“To suggest that any judge would be more capable of deciding particular cases or that certain categories of cases should be assigned only to the senior-most among SC judges has no foundation in principle or precedent. To hold otherwise would be to cast reflection on the competence and ability of other judges to deal with all cases assigned by the CJI, notwithstanding the fact that they have fulfilled the qualification mandated by the Constitution for appointment to the office.”&lt;br /&gt;
&lt;br /&gt;
Another PIL by senior advocate and former law minister Shanti Bhushan, filed through his advocate-son Prashant Bhushan, which sought assigning of cases to the collegium comprising the CJI and the four most senior judges, is pending with the SC. The three-judge bench said, “The Supreme Court has been authorised under Article 145 to frame Rules of Procedure...the petitioner is not entitled to seek a direction that benches of this court should be constituted in a particular manner.”&lt;br /&gt;
&lt;br /&gt;
Touching on the functioning of high courts headed by chief justices, the SC said, “In deciding upon the allocation of work and the constitution of benches, the chief justices of HCs have to determine the number of benches which need to be assigned a particular subject matter keeping in view the inflow of work and arrears. The CJs are guided by the need to ensure orderly functioning of the court and the expeditious disposal of cases.”&lt;br /&gt;
&lt;br /&gt;
=’Judicial legislation’=&lt;br /&gt;
==Transgressing separation of power between legislature, executive and judiciary?==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=LEGALLY-SPEAKING-Nota-to-quota-SC-had-a-27032017012032  Dhananjay Mahapatra, Nota to quota: SC had a field day in judicial overreach, Mar 27, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
In March 2017, members of Parliament cutting across party lines were agitated by the Su preme Court allegedly transgressing the cardinal separation of power between the legislature, the executive and the judiciary . The MPs accused the SC of “overstepping“ its jurisdiction to get into the law-making domain through its judgments.&lt;br /&gt;
&lt;br /&gt;
They appear to be still riled by the October 2015 judgment of the SC striking down a unanimously passed legislation creating National Judicial Appointments Commission (NJAC) to replace the `opaque' collegium system for selection of judges. What added fuel to the anger was the SC's decision to entertain a PIL questioning life-long pension and freebies to MPs and MLAs.&lt;br /&gt;
&lt;br /&gt;
Law minister Ravi Shankar Prasad attempted to assuage the ruffled feathers by declaring, “Parliament to enact, executive to formulate and judiciary to interpret. In this light, if separation of power principle is binding on all, I am sorry to say that it is equally binding on the judiciary .“&lt;br /&gt;
&lt;br /&gt;
Why did the SC transgress the boundary of separation of power and attempt to perform tasks entrusted to the legislature and the executive? Since 1950, the SC has been the sentinel of fundamental rights of citizens, who were many a time ignored by both legislators and the executive. In protecting these precious rights, the SC had to walk the extra mile.&lt;br /&gt;
&lt;br /&gt;
'''Remember Vishaka case?'''&lt;br /&gt;
&lt;br /&gt;
Though the Constitution had guaranteed equal opportunity to men and women, women had been facing sexual harassment at work place for decades, enduring the depraved acts of male superiors in offices. Lawmakers knew this. But they failed to take steps to legislate and protect women from depraved male colleagues.&lt;br /&gt;
&lt;br /&gt;
The SC preferred not to remain silent. It virtually legislated by providing a mechanism for working women to complain against colleagues and bosses if they passed sexist remarks or indulged in sexual harassment. None of the MPs termed this judgment as judicial overreach.&lt;br /&gt;
&lt;br /&gt;
And the Shah Bano case? For decades, divorced Muslim women lived a life in penury as there was no provision in Muslim personal law to fasten liability on husbands to provide for maintenance to wives after talaq. The SC craftily used Section 125 of Criminal Procedure Code to step around the vacuum in Muslim personal law and granted alimony to divorced Muslim women. No one protested against this judgment as judicial overreach. In fact, it was hailed as a secular judgment. In a federal structure like ours governed by the principle of separation of powers, it is difficult for the judiciary , tasked to protect the fundamental rights of poor voiceless citizens, to close the doors of relief saying the boundary of separation of power is too high to scale.&lt;br /&gt;
&lt;br /&gt;
Take for example the Indra Sawhney case. The SC was hailed as the institution that quelled wild protests by students by ruling in favour of the legislation granting reservation to OBCs, which was over and above the existing quota for SCs and STs. However, it also legislated by capping total quota at 50% of government jobs. The legislators did not mind, as the SC ruling had doused the protests.&lt;br /&gt;
&lt;br /&gt;
The SC transgressed the principle of separation of power again in S R Bommai case by severely curtailing the Union government's power under the dreaded Article 356, under which the Centre, till the 1990s, used to topple elected governments in states at will by imposing President's rule. The restrictions on use of Article 356 were termed as an interpretation of the Constitution, even though for an independent analyst it could qualify as legislative exercise by the SC.&lt;br /&gt;
&lt;br /&gt;
On the election front too, the SC has legislated many times. In the Association of Democratic Reforms case, it put in a new law making it mandatory for candidates to declare their educational, wealth and criminal details to enable voters to make an informed choice while pushing the EVM button.&lt;br /&gt;
&lt;br /&gt;
It also brought in the concept of NOTA, which gave the voter the option of declaring that none of the contesting candidates was worthy of his vote. In addition, the SC also legislated by declaring that an elected representative, who has been convicted and sentenced in such a manner to earn disqualification, cannot continue as a member of the House concerned by merely filing an appeal against the conviction and sentence in a higher court.&lt;br /&gt;
&lt;br /&gt;
No one protested against it as public sentiment, given the abuse of position by some elected representatives, was in favour of the judgment.Parliamentarians have a right to criticise the SC, for it is manned by human beings who are not infallible. But they should always keep in mind what the SC said in S P Gupta case [1982 (2) SCR 365], “...While the administration of justice draws its legal sanction from the Constitution, its credibility rests in the faith of the people. Indispensable to that faith is the independence of the judiciary . An independent and impartial judiciary supplies the reason for the judicial institution, it also gives character and content to the constitutional milieu.“&lt;br /&gt;
&lt;br /&gt;
Rational criticism, and not motivated angst, always strengthens an institution. And we all know and believe that wise parliamentarians would always mean well to criticise the SC in such a manner so as to strengthen its independence to enable it to dispense justice without fear and favour.&lt;br /&gt;
==Judicial overreach and co-governing India==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Q-A-Court-appears-to-be-engaging-in-08052017014033 May 08 2017 : The Times of India (Delhi)  Court appears to be engaging in unrestrained judicial overreach| Justice AP Shah talking to Sanjiv Shankaran | The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Q &amp;amp; A - `Court appears to be engaging in unrestrained judicial overreach ... uncertainty around policy because of SC interventions'&lt;br /&gt;
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&lt;br /&gt;
'' Some recent Supreme Court judgments, which have had a significant impact on policy issues, have triggered a debate on its powers. '' ''' AP Shah, former chief justice of Delhi high court ''' '' and former law commission chairman, spoke to ''' Sanjiv Shankaran ''' on the issue and the apex court's fundamental role: '' &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
''' Is SC's role in co-governing India consistent with Constitution's spirit? ''' &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
In the 1980s, after the Emergency, judiciary transformed itself into an institution that was enjoined to promote the ideals of socio-economic and political justice.&lt;br /&gt;
&lt;br /&gt;
Judiciary developed public interest litigation, or PILs, as a jurisdiction to transform constitutional promises into reality , and open the doors to those groups of people who were not free to approach the courts due to socio-economic factors. The idea was to make human rights meaningful for weaker sections of society. Then it gradually recognised rights of undertrials, juveniles, right to privacy, right to speedy trials and so on. It also covered areas like environment. This is how the idea of PILs began and started expanding. Article 21 was expanded as well, recognising right to education, work, shelter and so on. It was undeniably a glorious chapter in history of Indian judiciary .&lt;br /&gt;
&lt;br /&gt;
Lately , however, the court has taken on a role of co-governance. Indeed, I fear that it has become the norm almost. The court, through its decisions, is virtually overriding the constitutional concept of separation of powers. There are judicial diktats on every other subject, many of which are rank populist decisions, for example, the decision in the BCCI matter, where the court is practically running the cricket board on a day to day basis. Besides this, the court also entertains completely frivolous matters like the national anthem case, or the one on Sikh jokes.&lt;br /&gt;
&lt;br /&gt;
In sum, the court appears to be engaging in unrestrained judicial overreach, mostly by recourse to Article 142, and issuing judicial diktats.&lt;br /&gt;
&lt;br /&gt;
Populist approach would destroy the idea of PIL as envisaged originally decades ago. SC is trying to govern the country, and trying to correct every ill that exists.But this is neither within the powers of the court, nor does it have the capacity to do so. The priority must be protection of human rights and fundamental rights.&lt;br /&gt;
&lt;br /&gt;
''' Does the recent record suggest that evidentiary basis for judgments is satisfactory , particularly if the outcome has a significant fallout? ''' &lt;br /&gt;
&lt;br /&gt;
The alcohol ban is a case in point where the court's decision has had catastrophic financial consequences. In effect, the court drastically altered the central government's policy without realising the implications. I believe this is in the range of anything between Rs 50,000-75,000 crore, and has led to the loss of a million jobs.&lt;br /&gt;
&lt;br /&gt;
SC has missed the target on this one.&lt;br /&gt;
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There should have been decisive steps taken against drunken driving. The decision may be well intentioned, but it has effectively gone against the thriving hospitality industry.&lt;br /&gt;
&lt;br /&gt;
As a result, there is also a lot of uncertainty around policy , because of the interventions of SC. Such decisions have serious financial repercussions, which, I fear, the court is not equipped to understand.&lt;br /&gt;
&lt;br /&gt;
''' Taking a look at Aadhaar case, is SC's scheduling of hearings contributing in a round about way to a roll-out of policy? ''' &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
There are very serious issues involved in the petition before SC, including whether the Aadhaar Act could have been passed as a money bill.&lt;br /&gt;
&lt;br /&gt;
It is useful to recap what happened.The case came before a three-judge bench in August 2015. The court granted interim relief restricting the use of Aadhaar to two schemes on a voluntary basis. When it went to a five-judge bench in October 2015, the two schemes were expanded to six schemes. On both occasions, the court said it was an important issue and should be heard expeditiously.&lt;br /&gt;
&lt;br /&gt;
In spite of that observation, the matter is not being given priority. In the meantime, the central government started issuing notification upon notification making Aadhaar mandatory for various purposes, in disregard of the interim order. Surprisingly, the Chief Justice of India has made an observation that the non-mandatory nature of Aadhaar extends only to social welfare and benefit schemes, and that it did not apply to other things like verification of income tax returns or registration of mobile numbers. This is completely at odds with the interim order passed by the constitution bench.&lt;br /&gt;
&lt;br /&gt;
Somewhere, priorities are getting lost, and the court is wasting its time in trying to address policy issues, which are clearly not in its domain. This becomes all the more critical when we realise that pendency in SC has crossed 60,000 cases.&lt;br /&gt;
== CBI probes: House panel slams SC, HCs for monitoring them==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=House-panel-slams-SC-HCs-for-monitoring-CBI-09122015013031 ''The Times of India''], Dec 09 2015&lt;br /&gt;
&lt;br /&gt;
Neeraj Chauhan&lt;br /&gt;
&lt;br /&gt;
'''House panel slams SC, HCs for monitoring CBI probes'''&lt;br /&gt;
&lt;br /&gt;
''Courts Are Overstepping Their Brief''&lt;br /&gt;
&lt;br /&gt;
In a significant remark on the judiciary's intervention in CBI investigations, a parliamentary committee has stated that the Supreme Court and high courts have started performing the functions of the lowest rung of criminal justice system, taking over the role of a magistrate.&lt;br /&gt;
Asserting that superior courts are working beyond their powers, the parliamentary standing committee on personnel, public grievances, law and justice said, “The superior courts which are courts of appeal under Sec tion 374 of the Code of Criminal Procedure (1973) are even directing CBI in a number of cases to report day-to-day progress in a sealed cover bypassing sections 172 and 173 of the CrPC and performing functions envisaged under the criminal justice system of the country for the lowest rung of criminal courts and also appreciating the evidence which under section 173 of CrPC is required to be done by the magistrate.“&lt;br /&gt;
&lt;br /&gt;
The panel's observations come at a time when most of the big-ticket CBI cases, including 2G spectrum allocation scam, coal block allocation scam, Vyapam scam, Virbhadra Singh corruption probe and ponzi schemes like Saradha, are being either monitored or regularly heard by the Supreme Court and several high courts. In fact, in the 2G and coal scams, the Supreme Court restricted all other courts to entertain any application against orders passed by the trial court.&lt;br /&gt;
&lt;br /&gt;
The committee said, “...various high courts and Supreme Court are frequently issuing directions to the CBI to handle cases relating to Prevention of Corruption Act, 1988, as also of `public order'. As a result, the jurisdiction and powers of the CBI have widened and deepened and have far exceeded than what was contemplated under the Delhi Special Police Act, 1946.“&lt;br /&gt;
&lt;br /&gt;
The committee, headed by E M Sudarsana Natchiappan, points to “judicial activism of higher judiciary by taking pains of overseeing an investigation and passing interim directions to the CBI and even preempting the rights and remedies available to affected persons under criminal justice system. It may , therefore, appear to affected persons as a pre-emptive and colourable exercise of power by the superior courts“.&lt;br /&gt;
&lt;br /&gt;
=Key rulings, year-wise=&lt;br /&gt;
==2015==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=NJAC-poll-eligibility-Jat-quota-key-2015-rulings-01012016012012 ''The Times of India''] Jan 01 2016&lt;br /&gt;
&lt;br /&gt;
Amit Anand Choudhary&lt;br /&gt;
&lt;br /&gt;
''' Women's Rights Too Hogged Limelight In SC '''&lt;br /&gt;
&lt;br /&gt;
In the year gone by , the Supreme Court constitutionally spurned the historic offer from Parliament to throw light on one of its darkest alleys -the road to appoint judges. Parliament enacted National Judicial Appointments Commission (NJAC) to bring in transparency in the process of appointment of judges in the apex court and high courts. But, the SC strangely put its vote on the opaque collegium system of judges selecting judges.&lt;br /&gt;
&lt;br /&gt;
The overwhelming public support for NJAC -the unanimous decision of Parliament and its ratification by 20 states -could not persuade the SC, which said independence of judiciary could be in danger if the Executive, the largest litigant, participated in selection of judges. But, the court was quite alive to the concerns of the public when it came to deciding the validity of Section 66A of Information Technology Act.&lt;br /&gt;
&lt;br /&gt;
It had no reservation in scrapping the law saying it impeded the citizens' right to freedom of speech and expression.&lt;br /&gt;
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The SC also saw through the politics behind the UPA 's decision ahead of the 2014 general elections to grant OBC status to Jats, seen as a prosperous community . The NDA too attempted to woo the Jats by defending the UPA decision. But, the SC minced no words and called the decision to give quota to Jats in jobs and admissions to educational institutions a `negative and retrograde' step.&lt;br /&gt;
&lt;br /&gt;
Irrespective of the political party in power, there has always been a tendency to project their top leaders in government advertisements with taxpayers' money . The SC put an end to it by ruling that no politician's face, except that of President and the Prime Minister, can be put in government advertisements.The chief ministers were the worst hit by this decision and many states have approached the SC to permit the photos of CMs to be displayed in government advertisements.&lt;br /&gt;
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One may not need any educational qualification to become an MP or MLA. But in a significant decision, the SC upheld the Haryana government's law laying down educational criteria for panchayat polls.&lt;br /&gt;
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The SC virtually brought down the curtains on the long political career of former Haryana CM Om Prakash Chautala by upholding his conviction and 10-year jail term in teachers' recruitment scam case. N Srinivasan, who was at the helm of BCCI was bowled out by the SC which condemned him for failing to maintain purity of the `gentleman's game' by blinking at the maladies like betting and spot-fixing.&lt;br /&gt;
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The court saw a midnight drama just before the scheduled hanging of Yakub Abdul Razak Memon, the lone condemned prisoner in 1993 serial blasts case of Mumbai. Despite repeatedly rejecting his plea for life sentence, the SC did not hesitate to hear his advocates again when they knocked at its doors in a last gasp attempt.&lt;br /&gt;
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The court passed a series of orders in 2015 to reinforce the rights of women who are despised by society for living an unconventional life.In a path-breaking verdict, it ruled that an unwed mother must be recognised as a legal guardian of her child and she cannot be forced to reveal the name of the father or seek his consent to get guardianship of the child.&lt;br /&gt;
&lt;br /&gt;
It also held that an unmarried couple, living together as husband and wife, would be presumed to be legally married and the woman would be eligible to inherit the property after the death of her partner. It also held that a woman was entitled to maintenance from her live-in partner.&lt;br /&gt;
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The court also expressed concern over women being used as surrogate mothers by foreigners and directed the government to ban commercial surrogacy . This prompted the Centre to roll back its 2013 decision allowing import of human embryos for artificial reproduction.&lt;br /&gt;
==2016: Important judgements==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=From-homebuyers-to-beard-growers-cricket-czars-to-30122016017022  AmitAnand Choudhary: SC rulings in some important judgements, Dec 30, 2016: The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Cloaked constitutionally to do complete justice, the Supreme Court in 2016 played referee in a variety of matches relating to legality of decisions in areas as diverse as politics, cricket, finance and religious practice.&lt;br /&gt;
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In the political arena, it red carded the Arunachal Pradesh governor for dismissing a Congress government led by Nabam Tuki and ordered its resurrection.&lt;br /&gt;
&lt;br /&gt;
But Congress failed to reap benefits of this landmark decision. Tuki could not reclaim the chief minister's chair. It went to Pema Khandu. Later, Congress legislators under Khandu stormed out of the grand old party to from a new outfit.&lt;br /&gt;
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Dealing a double blow to the NDA government, the SC also quashed the Centre's decision to dismiss the Congress government in Uttarakhand and impose central rule. The SC restored the Congress government led by Harish Rawat, who had better luck than Tuki.&lt;br /&gt;
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In cricket, the apex court continued its role as a tough umpire and imposed stringent field restrictions for the management to force them to implement its July 18 verdict to bring transparency and accountability in cricket administration.&lt;br /&gt;
&lt;br /&gt;
The Decision Review System (DRS) did not help.The SC dismissed the BCCI's two petitions seeking review of the reforms judgment, sending a clear signal to the board to fall in line.&lt;br /&gt;
&lt;br /&gt;
New Year could herald more problems as the SC will decide whether to appoint an administrator for BCCI in the first week of January .Not only this, the SC's decision in the contempt of court petition against BCCI president Anurag Thakur will also set a new milestone.&lt;br /&gt;
&lt;br /&gt;
The reforms judgment was based on a report by a committee headed by former CJI R M Lodha and com prising former SC judges Ashok Bhan and R V Raveendran. The court accepted each and every suggestion of the committee for infusing transparency and objectivity in the administration and finances of the board.&lt;br /&gt;
&lt;br /&gt;
In the financial sphere, Prime Minister Narendra Modi's big-ticket decision to rid the country of black money through demonetisation came under the SC scanner through scores of PILs. The court attempted to regulate government action to provide succour to common people facing harassment because of currency crunch.&lt;br /&gt;
&lt;br /&gt;
Though the SC took note of the hardship faced by common people because of demonetisation, it referred to a five-judge bench to determine the constitutional validity and procedural reasonableness of the policy decision.&lt;br /&gt;
&lt;br /&gt;
Public interest figured high on the SC's list of business in 2016, when it passed a slew of directions to reduce pollution. Its interference also forced the Haji Ali dargah management to allow women to enter its inner sanctum, which had remained closed for them since 2012. The court is also dealing with petitions to open the doors of Sabarimala temple in Kerala to women irrespective of their age. At present, women in the menstruating age are barred from entering the temple because of the deity's celibacy.&lt;br /&gt;
&lt;br /&gt;
But 2016 will go down in history as one of those years when the relationship between the judiciary and the executive touched the nadir.CJI TS Thakur slammed the government for sitting over recommendations for appointment of judges to high courts, which fought a monstrous pendency of cases with their backs to the wall as 43% of judges' posts remain vacant.&lt;br /&gt;
&lt;br /&gt;
The government hit back saying the CJI-headed collegium had not been finalising the memorandum of procedure for appointment of judges, which was ordered to be re-framed by a fivejudge SC bench.&lt;br /&gt;
&lt;br /&gt;
Without the new MoP, it would be improper to continue appointment of judges as per the `opaque' system followed by the collegium, the government said and reminded the CJI about the `laxman rekha'. Despite the CJI's criticism, the law minister claimed that the Centre had appointed a record 126 judges to HCs in 2016.&lt;br /&gt;
&lt;br /&gt;
After putting cricket czars in a fix with the bitter dose of reforms, ex-CJI R M Lodha was called upon by the SC to suggest reforms in administration of medical education in the country by scrutinising alleged mismanagement in Medical Council of India. The SC also asked Justice Lodha to supervise the sale of assets of Pearl group and refund Rs 49,000 crore to public who had invested in the firm's illegal collective investment scheme (CIS).&lt;br /&gt;
&lt;br /&gt;
It held that people from the Muslim community could not be allowed to grow beard after joining IAF, saying that discipline, uniformity and cohesiveness in armed forces was too important to be sacrificed for religious belief of its personnel who want to follow the practice which was against rules of a defence force.&lt;br /&gt;
&lt;br /&gt;
The year also kept the SC busy in exploring ways to tackle the pollution crisis in the national capital. It passed a slew of directions including restricting entry of trucks into Delhi and imposing 1% environment cess on diesel SUVs and high-end private cars with engine capacity of 2000cc and above.&lt;br /&gt;
&lt;br /&gt;
The court came to the rescue of several home buyers, harassed by real estate developers not handing over possession of flats on time.The court made it clear to developers that they would have to deliver as per their promise irrespective of whether they “sink or die“.&lt;br /&gt;
&lt;br /&gt;
==2017==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F01&amp;amp;entity=Ar01217&amp;amp;sk=4E1495DC&amp;amp;mode=text  Dhananjay Mahapatra, SC rulings settled national debates in 2017, but it weakened internally, January 1, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Attitude, approach and rectitude of a Chief Justice of India brings in marked changes in the core character of the Supreme Court. In 2017, the SC saw three CJIs. But Justice J S Khehar, followed by Justice Dipak Misra, set the ball rolling by taking up for adjudication constitutional issues that were brushed under the carpet for years.&lt;br /&gt;
&lt;br /&gt;
Many constitution benches were set up to deal with pending issues — from validity of Aadhaar which halfway through gave birth to the path-breaking right to privacy as a fundamental right, to tricky issues like misbehaviour of a sitting high court judge.&lt;br /&gt;
&lt;br /&gt;
This made the SC appear truly a constitutional court, a role assigned by the Constitution and envisaged by the framers of the Constitution. The SC, sitting at the top of the three-tier judiciary, had for the last two decades got mired in too many PILs, giving fodder to politicians to slam the judiciary for encroaching into the executive’s domain.&lt;br /&gt;
&lt;br /&gt;
In the 2017 balance sheet, the SC had many positives. To overcome an eight-judge bench decision negating the fundamental nature of right to privacy more than 50 years ago, a nine-judge bench took up the important issue for scrutiny keeping in mind citizens’ vulnerability to present day gadget-encouraged intruding tendencies.&lt;br /&gt;
&lt;br /&gt;
“Right to privacy is an integral part of right to life and personal liberty guaranteed in Article 21 of the Constitution,” the nine-judge bench ruled unanimously while comprehensively rejecting the NDA government’s stand against privacy being conferred the status of fundamental right.&lt;br /&gt;
&lt;br /&gt;
The SC shed its traditional nervousness in dealing with issues having religious overtones to set up a multifaith five-judge bench to examine petitions by Muslim women challenging the legality of triple talaq, a tool used by Muslim men to divorce wives instantaneously.&lt;br /&gt;
&lt;br /&gt;
The bench ruled that triple talaq was arbitrary and violated right to equality guaranteed under Article 14 because it gave Muslim men unilateral right to terminate marriage without any rapprochement. It was a decisive step towards gender equality, which for centuries was strangulated in the&lt;br /&gt;
&lt;br /&gt;
name of religion. The SC ruled that triple talaq was not sanctioned by the Quran and hence not part of Islamic religious practices.&lt;br /&gt;
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Following the footsteps of the Bombay High Court which threw open the Shani Shingnapur temple to women, the SC helped women gain entry into the sanctum sanctorum of the famous Haji Ali dargah in Mumbai. The SC’s nudge made the Valsad Zoroastrian panchayat permit two Parsi women, forbidden from entering the Tower of Silence because they married outside the community, to enter the premises to perform the last rites of parents.&lt;br /&gt;
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A bench of top seven SC judges, including the CJI, was constituted to deal with open defiance and derogatory comments of sitting Calcutta HC judge Justice C S Karnan.&lt;br /&gt;
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Putting a premium on judicial discipline, decorum and dignity, the bench sentenced Justice Karnan to sixmonth imprisonment holding him guilty of contempt. For the first time in the SC’s 67-year history, a sitting judge was jailed. Though embarrassing, it sent a loud message to everyone, both within and outside judiciary, about non-negotiability of rule of law and judicial dignity.&lt;br /&gt;
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If decisions on right to privacy, triple talaq and Justice Karnan settled raging national debates, the SC’s upholding of a trial court decision to convict and sentence V K Sasikala in a DA case had a tectonic effect on Tamil Nadu politics. Tremors of the verdict continue to smudge the state’s political canvas.&lt;br /&gt;
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Concerned by alarming levels of pollution, the SC on Diwali-eve banned sale of crackers in Delhi and the National Capital Region. But the decision was hardly a deterrent as pollution refuses to go away.&lt;br /&gt;
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The Medical Termination of Pregnancy (MTP) Act permitted a woman to terminate a problematic pregnancy or diseased foetus only up to 20 weeks. When the SC on humanitarian considerations allowed a minor to terminate her over 20-week pregnancy, there was a deluge of similar applications.&lt;br /&gt;
&lt;br /&gt;
The SC turned into a window of hope for distressed women with more than 20 week pregnancies to get medical boards’ opinions for safe termination. A pertinent questioned emerged from this exercise — should Parliament amend the law to allow termination of over 20-week pregnancies in exceptional situations?&lt;br /&gt;
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One cannot end the narrative for the year in the SC without mentioning the medical admission scam that saw a retired HC judge arrested and indicated possible involvement of a sitting Allahabad HC judge. The scam threatened to singe the SC itself with spirited advocates insinuating against the incumbent CJI. Rules were thrown to the winds when advocates decided to pursue PILs on the issue before a particular bench, which obliged.&lt;br /&gt;
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The crisis made CJI Misra hurriedly constitute a fivejudge bench which ruled that the CJI was the master of the roster and no other judge could decide when and who would hear a petition. The course correction brought a diminishing trust quotient within the SC into the open.&lt;br /&gt;
&lt;br /&gt;
On the administrative side, the CJI instituted an inquiry into complaints against the Allahabad HC judge who had permitted a private medical college, despite complete a ban by the SC, to admit students for the 2017-18 academic year.&lt;br /&gt;
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Alarming level of vacancies in HC judges has remained stagnant at 40% of sanctioned strength. Nine HCs are without chief justices. The SC has six vacancies. 2018 has to be the year of appointments. The CJI-headed collegium must attempt to fill SC vacancies, followed by appointment of CJs to HCs.&lt;br /&gt;
&lt;br /&gt;
Two years have passed since a constitution bench ordered framing of memorandum of procedure for appointment of judges. Sadly, the law minister and the collegium have not been able to sort out contentious issues. It is time for wise heads, in the government and the judiciary, to resolve this lingering disagreement, which is impacting speedy justice.&lt;br /&gt;
&lt;br /&gt;
=Landmark shifts of stance=&lt;br /&gt;
==Case studies, seven==&lt;br /&gt;
[http://articles.timesofindia.indiatimes.com/2010-01-23/india/28127376_1_ninth-schedule-due-process-shifts The Times of India]&lt;br /&gt;
&lt;br /&gt;
''' Case studies: Supreme Court’s landmark shifts ''' &lt;br /&gt;
&lt;br /&gt;
The apex court is rightly hailed for its stellar role. But little has been written about its dramatic shifts on a range of key issues. TOI brings you the untold story &lt;br /&gt;
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''' Manoj Mitta ''' &lt;br /&gt;
&lt;br /&gt;
Raising a toast for the establishment of the Supreme Court as India turned into a Republic, C K Daphtary, who went on to become the first solicitor general, said in January 1950, “A republic without a pub is a relic!” &lt;br /&gt;
&lt;br /&gt;
Jokes apart, no appraisal of the 60 years of the Indian Republic can ignore the stellar role played by the Supreme Court in maintaining the constitutional scheme of checks and balances. Equally, no appraisal of the Supreme Court can be complete without delving into the vagaries of its rulings, for better or for worse — especially because the shifts in its position have not always been for reasons beyond its control. &lt;br /&gt;
&lt;br /&gt;
This somewhat awkward aspect has however received little attention, perhaps because of the reverence reserved for the higher judiciary. Here is an attempt to focus exclusively on the judicial shifts made by the Supreme Court through the 60 years of its existence on a range of key issues. &lt;br /&gt;
&lt;br /&gt;
'''Somersault on due process'''&lt;br /&gt;
The first major constitutional issue decided by the Supreme Court came out of the preventive detention of communist leader A K Gopalan, in whose honour the headquarters of CPM is named. The issue was whether somebody’s detention could be justified merely on the ground that it had been carried out “according to the procedure established by law,” as stipulated in Article 21 of the Constitution. Or, would that procedure be valid only if it complied with principles of natural justice such as giving a hearing to the affected person? &lt;br /&gt;
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In the A K Gopalan case of 1950, the Supreme Court, taking a narrow view of Article 21, refused to consider if the procedure established by law suffered from any deficiencies. Fortunately, three decades later, it took a 180 degree turn on this issue in the Maneka Gandhi case of 1978. The provocation was the arbitrary law that had allowed the Janata Party government to take away Maneka’s passport without any remedy. Importing the American concept of due process, the Supreme Court ruled that the procedure established by law for depriving somebody of their life or personal liberty had to be “just, fair and reasonable”. &lt;br /&gt;
&lt;br /&gt;
'''Reduction of Parliament’s power to amend the Constitution'''&lt;br /&gt;
&lt;br /&gt;
Validity of the very first constitutional amendment was challenged mainly because it had inserted the Ninth Schedule to insulate agrarian laws from being tested in courts. The issue facing the Supreme Court was to determine the extent to which Parliament could go while exercising its amending power under Article 368. This is how SC shifted its position more than once on this crucial issue. &lt;br /&gt;
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First, in the Shankari Prasad case of 1951, it ruled that since no limits had been spelt out in Article 368, the power to amend the Constitution included abridgement of even fundamental rights. &lt;br /&gt;
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Next, in the Golaknath case of 1967, it betrayed second thoughts on trusting Parliament with such unfettered discretion under Article 368. Since Article 13 stipulated that every law enacted by Parliament had to comply with fundamental rights, the Supreme Court read that limitation into constitutional amendments as well. &lt;br /&gt;
&lt;br /&gt;
Finally, in the Kesavananda Bharati case of 1973, the SC held that the condition prescribed by Article 13 of complying with fundamental rights applied only to ordinary laws, not constitutional amendments. Taking the middle path, it said the only limitation on Article 368 was that a constitutional amendment could not alter the “basic structure” of the Constitution (such as the sovereignty of the country or its secular character). &lt;br /&gt;
&lt;br /&gt;
'''Enlarging the scope of judicial review'''&lt;br /&gt;
&lt;br /&gt;
For decades, the most abused provision of the Constitution was the sweeping power conferred on the President — in other words, the Central government — to dismiss a duly elected state government. The validity of actions taken under Article 356 of the Constitution went before the Supreme Court for the first time in 1977 when the then newly elected Janata Party government at the Centre had dismissedCongress governments in states for no reason other than the fact that it wanted to hold early elections. &lt;br /&gt;
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But the Supreme Court, in what is known as the State of Rajasthan case of 1977, declined to intervene, ostensibly to avoid entering the political thicket. The President’s satisfaction that the state concerned could not be carried on in accordance with the provisions of the Constitution was, it said, not subject to judicial review. The apex court however reversed its stand in the S R Bommai case of 1994, where it held that a proclamation under Article 356 could be struck down if it was “found to be mala fide or based on wholly irrelevant or extraneous grounds”. Subjecting the President’s satisfaction to judicial review, the Bommai verdict clarified that the power conferred by Article 356 was a conditional one, not absolute. &lt;br /&gt;
&lt;br /&gt;
'''Changing conception of compensation'''&lt;br /&gt;
&lt;br /&gt;
Many a legal battle has been fought on the vexed issue of compensation payable to affected parties when a property has been acquired by the government. The question of interpreting the compensation promised by the Constitution arose for the first time in the Bela Banerjee case of 1954 involving a West Bengal law which sought to pay off the owners on the basis of the market value of their land on some distant date in the past. Rejecting the socialistic arguments of the state, SC laid down that the compensation should be “a just equivalent of what the owner has been deprived of”. &lt;br /&gt;
&lt;br /&gt;
In a bid to get over the effect of the Bela Banerjee case, the Nehru government amended the Constitution stipulating that no law dealing with the manner in which compensation was to be given “shall be called in question in any court on the ground that the compensation by that law is not adequate”. This in turn triggered a chain of a vacillating judgments and another constitutional amendment on the compensation issue. It culminated in the shift from the categorical “just equivalent” in the Bela Banerjee case to a limp admission in the Kesavandanda Bharati case of 1973 that the amount need not be equivalent, so long as it was “not illusory”. &lt;br /&gt;
&lt;br /&gt;
'''Diversity on quotas'''&lt;br /&gt;
&lt;br /&gt;
Caste-based reservations in jobs and educational institutions are another contentious issue on which the Supreme Court has had to change its position in keeping with the times. Its initial response was completely adverse. In the Champakam Dorairajan case of 1951, the Supreme Court slammed caste-based reservations as a violation of the Constitutional prohibition of discrimination. It was however forced to take a more accommodative view of social justice once the Nehru government responded with the first constitutional amendment stipulating that the general prohibition of discrimination could not prevent the state from making any special provision for the advancement of SCs, STs and OBCs. &lt;br /&gt;
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Having reconciled to the imperative of quota, the Supreme Court, in the M R Balaji case of 1963, imposed a cap of 50% on the extent of reservations for all the categories taken together, in a bid to ensure that the exception did not exceed the general rule of non-discrimination. Following the Mandal controversy, the Supreme Court, in the Indra Sawhney case of 1993, upheld the introduction of quota for OBCs in Central government jobs subject to the exclusion of the “creamy layer” (candidates whose parents are relatively wealthy or better educated). &lt;br /&gt;
&lt;br /&gt;
'''Seasonal change on economic policy'''&lt;br /&gt;
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True to its reputation of giving precedence to individual liberty over socialistic schemes, the Supreme Court, in the Bank Nationalization case of 1970, displayed no inhibition in probing the allegations that the Indira Gandhi’s government’s economic policy was discriminatory and deficient on compensation. As a corollary, it even struck down the nationalisation law. &lt;br /&gt;
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But post-liberalisation, the SC, in the Balco case of 2001, upheld the Vajpayee government’s disinvestment policy by adopting the principle that “in the case of a policy decision on economic matters, the courts should be very circumspect in conducting any inquiry and must be most reluctant to impugn the judgment of the experts.” &lt;br /&gt;
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'''Turning consultation into concurrence'''&lt;br /&gt;
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This shift has earned the Supreme Court the opprobrium of turning the judiciary into a “self-perpetuating oligarchy”. For, all that the Constitution has prescribed in the appointment of judges to the Supreme Court is that the Chief Justice of India “shall always be consulted”.&lt;br /&gt;
&lt;br /&gt;
==`Freedom fighters' (false ones) granted pension==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=SC-grants-pension-to-fake-freedom-fighters-02112016010083  Dhananjay Mahapatra,  SC grants pension to `fake freedom fighters', Nov 02 2016 : The Times of India]&lt;br /&gt;
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Strange are the ways of the Supreme Court in dispensing justice. On the one hand, it ordered inquiry into alleged forging of freedom fighter certificates to claim pension and on the other, when the pensions were cancelled, it restored them on humanitarian grounds.&lt;br /&gt;
&lt;br /&gt;
In August 2005, the SC had appointed the Justice A B Palkar Commission to examine the case of a large number of people claiming pension as freedom fighters by allegedly forging certificates in Beed district. It had said those falsely claiming to have participated in the freedom struggle should be dealt with sternly as they were “traitors“. It had directed the Palkar panel to complete the inquiry into claims of 354 people for freedom fighter pension and submit a report to the Maharashtra government.The panel had rejected the claims of 298 of 354 people and termed their documents “bogus“.&lt;br /&gt;
&lt;br /&gt;
When the state govern ment cancelled their pensions relying on the Palkar commission report, the elderly people moved the Bombay HC and pleaded, “We are all senior citizens. At this ripe age, if we are deprived of pensionary benefits, we will not be in a position to eke out a livelihood.“ Given the SC's stern mandate in 2005 to separate the genuine freedom figh ters from the impersonators, the HC refused to give relief.&lt;br /&gt;
&lt;br /&gt;
They made a final dash to the SC and pleaded before a bench of Justices Kurian Joseph and R F Nariman that withdrawal of pensions would mean starvation. The Justice Joseph-headed bench was caught in a situation where being legally correct would mean starvation for the petitioners.&lt;br /&gt;
&lt;br /&gt;
What came to the bench's rescue was a 2013 judgment of the apex court which had dealt with similar pleas. It had said, “In our opinion, keeping in view the fact that at this old age, if small benefit that was already granted to them is withdrawn, it may be difficult for them to sustain themselves. In that vi ew of the matter, in the peculiar facts and circumstances of the case, we set aside the order of the Bombay HC.“ However, the court had said pensions would stop with the death of the false freedom fighters.&lt;br /&gt;
&lt;br /&gt;
Justices Joseph and Nariman were quick to adopt the same stand. They said, “We find force in the submissions made by the counsel for Maharashtra that in many of these cases, the appellants have actually not participated in any freedom struggle. However, taking note of the only fact that these cases arise out of the same batch of appeals, we feel that it may not be proper to take a different view (than that taken in 2013).“&lt;br /&gt;
&lt;br /&gt;
== Medical colleges: Vacant super-specialty seats courses ==&lt;br /&gt;
[[File: Vacant super specialty seats courses in medical colleges.jpg|   ‘A two-judge Supreme Court bench ordered filling up of 553 vacant seats in super-specialty courses in medical colleges just two days after a three-judge bench rejected such a plea’ &amp;lt;br/&amp;gt; From [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=2-judge-bench-does-what-3-judge-SC-17102017001061 '' The Times of India ''] |frame|500px]] &lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=2-judge-bench-does-what-3-judge-SC-17102017001061     Dhananjay Mahapatra | 2-judge bench does what 3-judge SC bench refused | Oct 17 2017 : The Times of India (Delhi)]&lt;br /&gt;
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Eyebrows are being raised about a possible breach in judicial discipline after a two-judge Supreme Court bench ordered filling up of 553 vacant seats in super-specialty courses in medical colleges just two days after a three-judge bench rejected such a plea.&lt;br /&gt;
&lt;br /&gt;
On an application filed by Kerala Christian Professional College Management Federation in the pending petition of Dr Himank Goyal, a bench of Justices Adarsh Kumar Goel and U U Lalit directed on October 11: “For the remaining 553 unfilled super-specialty seats lying vacant, the DGHS may hold a mop-up counselling in an endeavour to fill up such seats within a period of 10 days.“ Those offered seats through this mop-up counselling were asked by the bench to join within four days. Just two days before this, on October 9, a PIL by `Education Promotion Society of India' had sought permission from a bench of CJI Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud to fill up vacant superspecialty course seats. The bench dismissed the petition.&lt;br /&gt;
&lt;br /&gt;
It could not have passed an order different from its September 22 one when it turned down pleas to extend the deadline for filling vacant seats.&lt;br /&gt;
&lt;br /&gt;
On September 22, a bunch of applications by various medical colleges, including the one by Dr Himank Goyal, came up for hearing before the threejudge bench headed by the CJI.&lt;br /&gt;
&lt;br /&gt;
The bench said, “There was an echo of concern that seats are going vacant and, therefore, there is necessity ... to extend the date. If we permit ourselves to say so, the concern travels from rational to emotional sphere.“&lt;br /&gt;
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However, Medical Council of India counsel Gaurav Sharma opposed vehemently and said the SC had extended the time till September 14 and if students did not avail of the opportunity , “it would be anathema to the concept of law to grant extension at the behest of institutions or the students“.&lt;br /&gt;
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Sharma said, “Mainte nance of discipline is of transcendental significance in the sphere of admission to medical colleges.“&lt;br /&gt;
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He said granting fur ther extension would usher chaos as stu dents who were not eligible or defaulted would gain admission. The threejudge bench said, “A sense of concern is one thing, but sustenance of discipline and order is another aspect. Weighing both the concepts in a balanced manner, we unhesitatingly come to the conclusion that the prayers made in the applications do not deserve any acceptance and stand rejected.“&lt;br /&gt;
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A fortnight later, an identical request for filling up superspecialty seats in medical colleges was allowed by a twojudge bench, which, in its order, did not refer to the threejudge bench's orders.&lt;br /&gt;
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==Political fallout taken into consideration==&lt;br /&gt;
''' When Supreme Court considered the political fallout of its verdict ''' &lt;br /&gt;
&lt;br /&gt;
Dhananjay Mahapatra [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=When-Supreme-Court-considered-the-political-fallout-of-07012015024005 ''The Times of India''] Jan 07 2015&lt;br /&gt;
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The political fallout of a judicial decision has seldom bothered the judiciary, but it appears that in 2012 the Supreme Court delayed the judgment on the CBI's probe into disproportionate assets cases against the Samajwadi Party chief and his sons to await completion of assembly elections.&lt;br /&gt;
&lt;br /&gt;
On March 1, 2007, just before the assembly elections, an SC bench headed by Justice A R Lakshmanan had ordered the CBI to probe into alleged disproportionate assets of Mulayam Singh Yadav and his sons on a PIL filed by Vishwanath Chatur-vedi. Justice Lakshmanan retired on March 21, 2007 and was immediately appointed as chair man of the Law Commission.&lt;br /&gt;
&lt;br /&gt;
Yadavs filed petitions seeking review of the March 1, 2007 judgment questioning the jurisdiction of the SC to order CBI probe without the consent of the state government on a politically motivated petition.The review petitions were heard by a bench of Justices Altamas Kabir and H L Dattu, which reserved its judgment on February 17, 2011.&lt;br /&gt;
&lt;br /&gt;
Internal communication between Justice Kabir and Justice Dattu, accessed by TOI, shows, among other things, the ground for delay in pronouncing the judgment was the possible political fal lout of its decision in this case.&lt;br /&gt;
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In June 2012, Justice Kabir wrote to Justice Dattu: “I deliberately waited till after the UP elections to pronounce the judgment so that the level playing field was not disturbed.“ The UP Assembly elections were held between February 8, 2012 and March 3, 2012. SP swept the polls and Akhilesh Yadav became the chief minister.&lt;br /&gt;
&lt;br /&gt;
Just days before the verdict on December 13, 2012, Justice Kabir sent the draft judgment to Justice Dattu for his approval. In the note attached to the draft judgment, Justice Kabir had referred to the CBI's flip-flops in the case and said, “This dual stand in the submissions of the highest investigating agency cannot be appreciated by this court.“&lt;br /&gt;
&lt;br /&gt;
Justice Dattu agreed with Justice Kabir, who had by then become the Chief Justice of India, that the CBI stand had been confusing.However, he clarified that “while making submissions (on behalf of the CBI) it has been highlighted that substantial prima-facie elements are there to conduct an investigation“.&lt;br /&gt;
&lt;br /&gt;
He also felt that there was no substantial evidence against Dimple Yadav and no further investigation needed to be carried out against her.But Justice Dattu was firm against quashing the entire proceedings regarding disproportionate assets. Justice Dattu wrote back: “As discussed with you, quashing of the entire proceedings regarding disproportionate assets, which is evident on the face of records, will not only be doing injustice but also create a political turbulence. We are directing only CBI probeinvestigation and not holding them guilty . If nothing is found, they are acquitted. But in fitness of things a thorough investigation is needed.“&lt;br /&gt;
&lt;br /&gt;
The judgment on the review petitions was pronounced on December 13, 2012. The court held that the CBI probe into alleged disproportionate assets of Mulayam, Akhilesh, and Prateek Yadav as ordered by the SC on March 1, 2007 was justified.&lt;br /&gt;
==Vyapam-Tainted Doctors: Conflict Over their Fate==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=2-judge-SC-bench-teaches-law-to-3-31082016014046  Aug 31 2016 : ''The Times of India'' (Delhi) 2-judge SC bench teaches law to 3-judge bench, Dhananjay Mahapatra]&lt;br /&gt;
﻿&lt;br /&gt;
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A three-judge bench of the Supreme Court headed by Justice J S Khehar on Tuesday got some constitutional and legal lessons from a two-judge bench headed by Justice J Chelameswar.&lt;br /&gt;
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The bench headed by Justice Khehar, who will become Chief Justice of India next year, was tasked with finding a solution to the conflict of opinion in a judgment rendered by the bench of Justices Chelameswar and A M Sapre in a case relating to punishment for those whose MBBS degrees were tainted by the Vyapam scam.&lt;br /&gt;
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Justices Chelameswar and Sapre had found instances of undeserving candidates taking advantage of irregularities in entrance examinations to bag MBBS seats.Justice Chelameswar had said they should be asked to render charitable healthcare for a certain period to retain their MBBS degrees. But Justice Sapre had said these degrees should be cancelled.&lt;br /&gt;
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The bench headed by Justice Khehar had asked whether the matter needed to be heard afresh to resolve the conflict of opinion and sought an answer from Justices Chelameswar and Sapre.&lt;br /&gt;
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The miffed two-judge bench on Tuesday did not read out the judgment and merely signed it, departing from the usual practice where judges read out the operative portion of the verdict.&lt;br /&gt;
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It said, “We completely fail to understand the reference made to Article 145(5) of the Constitution in the July 28, 2016 order (of the three-judge bench).“ Article 145(5) provides that the court should not pronounce a judgment without the concurrence of a majority of the judges on the bench which heard the case. However, it also says this would not prevent a judge from delivering a dissent judgment or opinion. Justices Chelameswar and Sapre said, “We are of the opinion that neither the Constitution of India nor any other law of this country provides an intra-court appeal insofar as the Supreme Court is concerned. A rehearing of the entire matter as apparently suggested by the larger bench, in our opinion, would amount to an intra-court appeal.“&lt;br /&gt;
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As a final message to the three-judge bench which appeared to have a touch of judicial sarcasm, the two-judge bench said, “If the larger bench of this court wishes to create an intra-court appeal, we obviously are powerless to stop it. We can only record our understanding of the law on the question and it is as recorded above.“&lt;br /&gt;
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==3-judge bench overrules 3-judge 2014 land acquisition judgment==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F22&amp;amp;entity=Ar00302&amp;amp;sk=DE4B463A&amp;amp;mode=text  Dhananjay Mahapatra &amp;amp; Amit Anand Choudhary, SC in knots as its 3-judge bench overrules another of same strength, February 22, 2018: ''The Times of India'']&lt;br /&gt;
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The Supreme Court appeared to have tied itself in knots on Wednesday, with a three-judge bench questioning the judicial propriety and discipline of another three-judge bench, which had on February 8 overturned yet another three-judge bench’s 2014 judgment on land acquisition.&lt;br /&gt;
&lt;br /&gt;
The subject matter was important as it involved the acquisition of land and payment of compensation to land-owners, mainly farmers. But the two-hour-long proceedings before a bench of Justices Madan B Lokur, Kurian Joseph and Deepak Gupta brought back flashes of the smouldering discontent among the four most senior judges which had erupted in an unprecedented press conference on January 12.&lt;br /&gt;
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''' SC asks HCs not to pass any order on land acquisition ''' &lt;br /&gt;
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What the bench of Justices Lokur, Joseph and Gupta questioned on Wednesday was the judgment by a three-judge bench headed by Justice Arun Mishra terming a 2014 “Pune Municipal Corporation” judgment by a bench of identical strength as “per incurium” (decision rendered without taking care of facts and law). Interestingly, the Pune Municipal Corporation judgment was rendered on January 24, 2014 by a bench of Justices R M Lodha, Lokur and Joseph.&lt;br /&gt;
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The Justice Lokur-headed bench, in an interim order, asked high courts not to pass any order on pending land acquisition issues, thus stalling implementation of the February 8 judgment. It also requested other benches of the apex court to defer hearing on petitions on this issue.&lt;br /&gt;
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Former attorney-general Mukul Rohatgi provided the spark that reignited the “discipline” and “propriety” issue that has hurt unity among SC judges. Rohatgi said propriety demanded that the three-judge bench, if it did not agree with the earlier three-judge bench decision, send the issue for consideration before a larger bench. He said what was worse was that the same bench had been disposing of scores of cases based on the ruling given by it on February 8 in complete disregard of the farmers’ interest.&lt;br /&gt;
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Justice Joseph poured out his “painful concern” and said, “The Supreme Court operates on a system and principle which are holy. If you start tinkering with it, what will happen? Everyone must think about it — both judges and lawyers. We will go one day but the institution must go on forever. There is a method and procedure to be followed. If the Supreme Court has to be one, it has to be made one. To make it one, you need judicial discipline. “The Supreme Court is one and must not speak in 14 voices (indicating that the existing 14 benches must not speak differently on the judicial side). It is not good for the institution.”&lt;br /&gt;
Rohatgi recounted the right to privacy issue and said as attorney-general, he had argued before a five-judge bench that it could not decide the issue as an eight-judge bench had earlier ruled that privacy was not a fundamental right. “Overnight, a nine-judge bench was set up by the CJI which overruled the eight-judge bench decision. That is the procedure and discipline,” he said to rub it in.&lt;br /&gt;
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Senior advocate P S Patwalia, appearing for Haryana, defended the recent ruling of the Justice Arun Mishra-headed bench and said the law’s misuse was stopped by this judgment and Justice Joseph’s views were rather strong. Justice Joseph clarified, “It is not strong views but my painful concern. If one bench of the SC wants to correct an earlier ruling by another bench of identical strength, then there is a process to do it.” Rohatgi chipped in and said if the Pune Municipal Corporation judgment required to be reconsidered, the correct procedure would have been to refer it to a five-judge bench.&lt;br /&gt;
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The Supreme Court operates on a system and principles which are holy. If you start tinkering with it, what will happen?&lt;br /&gt;
&lt;br /&gt;
===Referral:  2-Judge Bench Pre-Empts 3-Judge Bench ===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F23&amp;amp;entity=Ar01212&amp;amp;sk=D8CDD9F6&amp;amp;mode=text  Dhananjay Mahapatra &amp;amp; Amit Anand Choudhary, Judicial discipline? It’s complicated, February 23, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
''2-Judge Bench Pre-Empts 3-Judge One From Passing Order For Referral''&lt;br /&gt;
&lt;br /&gt;
The knotty issue of ‘judicial discipline and propriety’ in contradictory judgments on land acquisition being tossed between two threejudge benches of the Supreme Court got further complicated on Thursday with two two-judge benches referring the matter to Chief Justice of India Dipak Misra for resolution by a larger bench.&lt;br /&gt;
&lt;br /&gt;
A threejudge bench headed by Justice Madan B Lokur had taken umbrage to a three-judge bench headed by Justice Arun Mishra on February 8 overruling a 2014 verdict given by another three-judge bench in the ‘Pune Municipal Corporation’ case, terming the earlier judgment as “per incurium”. Both the cases concerned land acquisition.&lt;br /&gt;
&lt;br /&gt;
Upon being told by senior advocate Mukul Rohatgi about the February 8 verdict, the bench led by Justice Lokur and comprising Justices Kurian Joseph and Deepak Gupta viewed it as breach of “judicial discipline and propriety”.&lt;br /&gt;
&lt;br /&gt;
Justices Lokur and Joseph, two of the four seniormost judges of the SC, were co-authors of the ‘Pune Municipal Corporation’ verdict.&lt;br /&gt;
&lt;br /&gt;
In an interim order, the Justice Lokur-headed bench requested other SC benches and high courts not to take up matters related to land acquisition dealt in the two contradictory judgments. It said it would decide the future course of action — whether to refer the matter to a larger bench.&lt;br /&gt;
&lt;br /&gt;
On Thursday, a land acquisition case was listed before a bench of Justices Arun Mishra and Amitava Roy and the threejudge bench’s interim order was brought to its notice.&lt;br /&gt;
&lt;br /&gt;
While stating that Wednesday’s interim order was a “sort of moral injunction” on them, Justice Mishra, who headed the three-judge bench that overruled the 2014 judgment, addressed the issue frontally and squarely. “We had taken a definite view that the 2014 judgment was ‘per incurium’ and it was permissible in law to take that view. We had pondered (while writing the February 8 judgment) over the issue — whether the matter required to be referred to a larger bench given the three-judge bench’s 2014 judgment, and then took a conscious decision (to term it ‘per incurium’ and overrule it). Whether it amounts to judicial discipline, or not, is for the larger bench to decide,” he said.&lt;br /&gt;
&lt;br /&gt;
Justices Mishra and Roy referred the matter to the CJI for adjudication by a larger bench, which most probably will be a five-judge bench. By this order, the Justice Mishra-led bench pre-empted the three-judge bench headed by Justice Lokur from passing order for referral to a larger bench.&lt;br /&gt;
&lt;br /&gt;
Justice Mishra said, “We have taken a considered view (in the February 8 judgment). It is over 200 pages. Probably, no one has read it but it (the judgment) has been targeted. First read and then analyse. ‘Judicial discipline’ has become a magic word to target us.”&lt;br /&gt;
&lt;br /&gt;
In another twist to fast-paced events in the SC, another two-judge bench of Justices Adarsh Goel and U U Lalit too rescheduled a land acquisition case on Thursday when it was informed by Rohatgi about Wednesday’s interim order by Justice Lokur’s bench.&lt;br /&gt;
&lt;br /&gt;
The bench ordered, “We are of the view that having with regard to the nature of the issues involved in the matter, the issues need to be resolved by a larger bench at the earliest. These matters may be placed before the appropriate bench on February 23 as per orders of the CJI.”&lt;br /&gt;
&lt;br /&gt;
=Late night hearings and judgements=&lt;br /&gt;
==Till 2015==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=SC-has-answered-two-more-midnight-knocks-31072015018031 ''The Times of India''], Jul 31 2015 &lt;br /&gt;
&lt;br /&gt;
''' SC has answered two more midnight knocks '''&lt;br /&gt;
&lt;br /&gt;
Mumbai serial bomb blasts convict Yakub Memon was not the first one to knock at the Supreme Court's door past midnight.&lt;br /&gt;
&lt;br /&gt;
What made Yakub's petition unprecedented was the one-and-a-half hour long postmidnight hearing that lasted till the crack of dawn. Earlier, the hearings after court hours were mainly held at the residence of the senior judge presiding over the bench.&lt;br /&gt;
&lt;br /&gt;
On April 8, 2013, lawyers of condemned prisoner at Jabalpur Central Jail, Maganlal Barela, who was to be hanged at dawn on April 9 for killing his children, successfully moved the SC close to midnight. Barela averted the gallows, after all preparations were made to hang him, after rejection of his mercy petition by the President. The fax from the SC con veying the stay on Barela's hanging reached jail authorities just five hours before the scheduled hanging.&lt;br /&gt;
&lt;br /&gt;
Similarly , Nithari rape-murder convict Surinder Koli was scheduled to hang on September 9, 2014. At the intervening night of September 8-9, his lawyers, led by Indira Jaising, woke up justices H L Dattu and A R Dave and placed before them Koli's petition seeking re-hearing of his review petition. A three-judge bench later stayed the execution and ordered open court hearing.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==2018, May: swearing-in of Karnataka government==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F05%2F17&amp;amp;entity=Ar00501&amp;amp;sk=677C98EE&amp;amp;mode=text    Naheed Ataullah &amp;amp; Dhananjay Mahapatra, Only the 2nd midnight hearing in SC history, May 17, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The dramatic post-midnight hearing marks only the second time in the judicial history of independent India that such an event has taken place. In the previous instance, a three-judge Supreme Court bench began hearing a petition seeking postponement of Yakub Memon’s execution at 3.24am on July 30, 2015. At 4.46am, Yakub’s final petition was dismissed.&lt;br /&gt;
&lt;br /&gt;
'''NOTE: As we have seen above, the case regarding the swearing-in of the Karnataka government was not the second late-night hearing, but perhaps the fourth.  See [[Karnataka: political history ]]&amp;gt; 2018 '''&lt;br /&gt;
&lt;br /&gt;
=Lawyers’ insinuations =&lt;br /&gt;
==2019: A denigration of the judiciary==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F31&amp;amp;entity=Ar00302&amp;amp;sk=7510F3AA&amp;amp;mode=text  Dhananjay Mahapatra, Insinuations by lawyers make our job hard, says SC, January 31, 2019: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Ringing the alarm bell, the Supreme Court said in a hard-hitting judgment that it was becoming increasingly difficult for judges to render justice in a fair, impartial and fearless manner because of insinuations made by advocates in cases of political importance.&lt;br /&gt;
&lt;br /&gt;
“Whenever any political matter comes to court and is decided, either way, political insinuations are attributed by unscrupulous persons/ advocates. Such acts are nothing but an act of denigrating the judiciary itself and destroys the faith of the common man which he reposes in the judicial system,” a bench of Justices Arun Mishra and Vineet Saran said in its 75-page judgment.&lt;br /&gt;
&lt;br /&gt;
Taking note of the tendency among some advocates to rush to the media from courtrooms, the bench said “hunger for cheap publicity is increasing” and termed it as anathema to the standards of the noble profession. “Statutory rules prohibit advocates from advertising and cater to press/media,” it said, adding it had become common to dish out “distorted versions of court proceedings”.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''JUSTICE DELIVERY'''&lt;br /&gt;
&lt;br /&gt;
''Cases cannot decided by media trial, says apex court''&lt;br /&gt;
&lt;br /&gt;
This had a chilling effect on judges who could not go to the media with their point of view, the bench said. “It is making it more difficult to render justice in a fair, impartial and fearless manner,” the bench said and complained that making public accusations against judges was a tactic adopted by unscrupulous elements to “influence the judgment and even to deny justice with ulterior motives”.&lt;br /&gt;
&lt;br /&gt;
In the last year, apex court judges have faced a lot of insinuations from activist lawyers while dealing with politically sensitive matters — plea of Muslim parties for reference of Ayodhya land dispute to a five-judge bench, petition seeking quashing of UAPA charges against social activists including Sudha Bharadwaj and Gautam Navlakha, plea for SIT probe into judicial officer B H Loya’s alleged suspicious death, PILs for probe into Rafale jet purchase and petitions challenging the Centre’s decision to divest then CBI director Alok Verma of his powers.&lt;br /&gt;
&lt;br /&gt;
“Something has to be done by all concerned to revamp the image of the bar,” the SC said. Writing the judgment for the bench, Justice Mishra said, “It is impermissible to malign&lt;br /&gt;
&lt;br /&gt;
the system itself by attributing political motives and false allegations against the judicial system and its functionaries. Judges who are attacked are not supposed to go to the press or media to ventilate their point of view.”&lt;br /&gt;
&lt;br /&gt;
Taking note of hype created in media by certain advocates in matters of political importance, the SC said, “Cases cannot be decided by media trial... No outside interference is permissible. A lot of sacrifices are made to serve the judiciary for which one cannot regret as it is with a purpose and to serve judiciary is not less than the call of military service.&lt;br /&gt;
&lt;br /&gt;
“For the protection of democratic values and to ensure that rule of law prevails in the country, no one can be permitted to destroy the independence of the system from within or outside... Let each of us ensure our own institution is not jeopardised by the blame game and make an endeavour to improve upon its own functioning and independence.”&lt;br /&gt;
&lt;br /&gt;
The SC was testing the validity of the rule framed by Madras high court empowering it to debar an advocate to control situations which arose in the past, including shouting of slogans, using foul language against judges and vandalism. Though anguished by past conduct of lawyers in the HC, it struck down the rule and said the HC could not usurp disciplinary powers vested in bar councils.&lt;br /&gt;
&lt;br /&gt;
=Political interference=&lt;br /&gt;
==1967-2018==&lt;br /&gt;
Difficulty of being CJI in the shadow of politics over removal&lt;br /&gt;
&lt;br /&gt;
Dhananjay.Mahapatra 02 April 2018 The Times of India &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Renowned lawyer and senior Congress MP Kapil Sibal [in March 2018] accused the NDA government of “continuously assaulting the judiciary” while echoing Justice Jasti Chelameswar’s view that the Centre was “putting collegium recommendations on the back burner if the names are not to its liking”.&lt;br /&gt;
&lt;br /&gt;
Sibal was quoted as saying in a media report, “They have first filled educational institutions with R S S pracharaks. Now, they are trying to infiltrate the judiciary with people having such mindset.”&lt;br /&gt;
&lt;br /&gt;
A few weeks ago, Sibal had retorted to CJI Dipak Misra’s courtroom comment that he must read history by saying he was both a student and teacher of history. Sibal is well versed in the judiciary’s history too, we are sure. Probably, he needs to refresh his memory, especially because he is among the few in Congress strenuously pushing for moving a removal motion against CJI Misra in Parliament.&lt;br /&gt;
&lt;br /&gt;
The January 12 press conference by senior SC judges led by Justice Chelameswar against the CJI had attracted magnetic support from Left leaders friendly to a rebel judge. The Congress, in the process of replacing old warhorses with prime stallions to keep the party chariot competitive for the derby of general elections, decided to cash in on the situation as many important cases, including politically usable Ayodhya and death of judge B H Loya, were being heard by a CJI-led bench.&lt;br /&gt;
&lt;br /&gt;
Some Congress lawyer-MPs saw the opportunity to hit hard with a removal motion as the judiciary was red hot with an internal dissension fuelled by one person’s insatiable desire to wreak vengeance because he could not become CJI. Personal ambitions surely cause disturbances in the normal functioning of a system, be it judiciary or politics. And we surely don’t deny what Justice Chelameswar said in his March 21 letter, quoting Robert H Jackson, that “men are more often bribed by their loyalties and ambitions than by money”.&lt;br /&gt;
&lt;br /&gt;
Attempts are on to get the draft motion signed by 50 Rajya Sabha MPs, the number required for moving it in Parliament. Before we refer to pages of judicial history to understand Sibal’s comment that the NDA government is trying to fill judiciary with “such mindset”, a discussion on the fallout of a removal motion against the CJI will help understand the gravity of the situation.&lt;br /&gt;
&lt;br /&gt;
Today, the Congress with 54 MPs in RS may well be able to bring a removal motion against the CJI, howsoever frivolous or imaginary the charges may be. Tomorrow, the NDA, which too has more than 50 MPs in RS, could cook up some charge to bring a removal motion against the No.2 in the SC. Another party can start a campaign for a removal motion against the third in the SC hierarchy.&lt;br /&gt;
&lt;br /&gt;
Where will it end? Which judge will willingly become CJI in such a dreadful scenario and risk his dignity and reputation? Worse, will this kind of political one-upmanship not force a judge to ensure political support before becoming CJI to counter threats of removal?&lt;br /&gt;
&lt;br /&gt;
Bringing a removal motion against a CJI or a judge based on unverified charges has a numbing effect on the institution and stunts public faith in it. Lawyers become MPs not because they are great politicians. Success in court brings them money and fame, accelerating their rise in political parties. When they attempt to cow down the judiciary by casting a shadow through a phantom removal motion, it is akin to an assault on the very tree that nurtured their growth.&lt;br /&gt;
&lt;br /&gt;
Unlike today’s Congress, led by a youthful president Rahul Gandhi, the party split in 1969 after a bitter war between veterans on one side and the young Turks on the other led by Indira Gandhi. The split reduced her government to a minority, but she continued as PM with support from Left parties. The landmark SC decision in Golaknath case in 1967 curtailing Congress government’s power to amend the Constitution and the political red nose caused by the 1970 Privy Purses judgment forced Indira to call mid-term polls.&lt;br /&gt;
&lt;br /&gt;
A heady 352 seats in Lok Sabha in 1971 strengthened her resolve to infiltrate the SC with “committed judges”. The task was meticulously carried out by law minister H R Gokhale, the Bombay HC judge turned politician; steel and mines minister S Mohan Kumaramangalam, a barrister and earlier a prominent communist leader; and S S Ray, another barrister and a close confidant of Indira.&lt;br /&gt;
&lt;br /&gt;
To overrule an 11-judge bench decision in the Golaknath case, the SC decided to set up a 13-judge bench for Kesavananda Bharati case. Eight SC judges were appointed just before the hearing in Kesavananda case began to ensure most of them found place in the 13-judge bench for a favourable ruling.&lt;br /&gt;
&lt;br /&gt;
Justice P Jaganmohan Reddy in his book ‘We Have Republic’ wrote, “Of these eight, two were said to be Gokhale’s nominees (D G Palekar and Y V Chandrachud of Bombay HC); one of Kumaramangalam (K K Mathew of Kerala); two of Ray (S C Roy and A K Mukherjea) and two from the PM (M H Beg and S N Dwivedi); only one was CJI S M Sikri’s nominee (H R Khanna). One died before the case was heard. Of the seven who heard the case, five upheld the government’s point of view.&lt;br /&gt;
&lt;br /&gt;
A legendary researcher on SC judges, George H Gadbois, wrote, “Seven of the nine Sikri era appointees were members of the Kesavananda bench, and five of these did support what can be considered the government’s wishes. But they were in the minority with A N Ray. Khanna, who cast the deciding vote, and Mukherjea joined the five pre-Sikri era court appointees in the majority.”&lt;br /&gt;
&lt;br /&gt;
The 7-6 majority carved out the basic structure doctrine while fortifying and reinforcing Golaknath judgment much to the chagrin of Indira, whose government wreaked vengeance a day after the Kesavananda judgment was delivered on April 23, 1973, by announcing that A N Ray, fourth senior most SC judge, would be the new CJI to supersede K S Hegde, J M Shelat and A N Grover. The three resigned. The judiciary was to endure many painful wounds inflicted by Congress governments in the succeeding years. We will narrate those some other time. The above example is meant to refresh Sibal’s memory about “assault on judiciary”.&lt;br /&gt;
&lt;br /&gt;
As a celebrated lawyer, Sibal should discharge his debt for the fame he has earned through the judiciary. He has ability, knowledge and craftsmanship to differentiate himself from hawkish politicians, whose feathers resemble those of Gokhale, Kumaramangalam and Ray. The choice is his.&lt;br /&gt;
&lt;br /&gt;
=Preferential listing of star lawyers’ cases=&lt;br /&gt;
==Not done for Ram Jethmalani/ Ansal==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Star-lawyers-may-not-get-to-jump-queue-04032017001044  Dhananjay Mahapatra, Star lawyers may not get to jump queue, March 4, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Star lawyers getting preferential listing of cases of rich and famous clients in the Supreme Court is a trend that could be reversed under the new Chief Justice of India J S Khehar (in pic), as renowned lawyer Ram Jethmalani found out.&lt;br /&gt;
&lt;br /&gt;
In the past, engaging top lawyers to steal a march over others in getting cases listed for early hearing usually worked, with previous CJIs acting in deference to the stature of the lawyers.&lt;br /&gt;
&lt;br /&gt;
Khehar, however, has emphasised procedural equality since taking over. Time and again, he has told lawyers requesting early hea ring that their clients would not be permit ted to jump the queue.&lt;br /&gt;
&lt;br /&gt;
Friday provided more evidence of this when Jethmalani, appearing for Gopal Ansal (convicted in the Uphaar case), requested urgent listing of the tycoon's application seeking reduction of the jail term awarded to him. The court also rejected Ansal's plea for exten sion of his surrender deadline of March 9 to serve the remaining part of his one-year sentence.&lt;br /&gt;
&lt;br /&gt;
Jethmalani had sought urgent listing of Gopal's plea seeking parity in sentence with his elder brother Sushil Ansal, who was let off by the court on February 9 saying the sentence already undergone by him was adequate punishment keeping in view his age and ailments. Jethmalani had said Gopal too was old and suffered age-related ailments and, hence, was entitled to parity in sentence. The CJI had said the application would be listed on Friday if the SC registry found no objection. But the registry did find objections and the matter was not listed on Friday .&lt;br /&gt;
&lt;br /&gt;
Jethmalani complained about it to the CJI on Friday and sought urgent listing and said the court should extend the surrender deadline in the alternative. Justice Khehar firmly told Jethmalani that there was a procedure for everyone to follow. “If the registry has found objections and refused to list the matter, Jethmalani's client can appeal against the registry's order,“ the CJI said and refused to bestow any preferential treatment to the noted lawyer.&lt;br /&gt;
&lt;br /&gt;
=Rape=&lt;br /&gt;
== No liberal approach , mediation or compromise in rape cases : SC ==&lt;br /&gt;
[http://www.dailyexcelsior.com/no-liberal-approach-mediation-or-compromise-in-rape-cases-sc/ Daily Excelsior , No liberal approach , mediation or compromise in rape cases : SC &amp;quot;Daily Excelsior&amp;quot; 2/7/2015]&lt;br /&gt;
&lt;br /&gt;
It would be a “spectacular error” to adopt a soft approach on cases of rape or attempt to rape and there cannot be any compromise or mediation in such cases, the Supreme Court said in a stern message today.&lt;br /&gt;
&lt;br /&gt;
“When a human frame is defiled, the ‘purest treasure’, is lost. Dignity of a woman is a part of her non-perishable and immortal self and no one should ever think of painting it in clay. There cannot be a compromise or settlement as it would be against her honour which matters the most,” a bench headed by Justice Dipak Misra said.&lt;br /&gt;
&lt;br /&gt;
“We would like to clearly state that in a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of.&lt;br /&gt;
&lt;br /&gt;
“These are crimes against the body of a woman which is her own temple. These are offences which suffocate the breath of life and sully the reputation. And reputation, needless to emphasise, is the richest jewel one can conceive of in life. No one would allow (it) to be extinguished,” the bench, which also comprised Justice Prafulla C Pant, said.&lt;br /&gt;
&lt;br /&gt;
The strong remarks came as the apex court criticised a Madhya Pradesh High Court judge who was influenced by the compromise entered into between the accused Madan Lal and the parents of the seven-year-old victim and had set aside the conviction and five-year sentence for the rape. (PTI)&lt;br /&gt;
&lt;br /&gt;
= Religious bias=&lt;br /&gt;
==SC objects to Bombay HC citing religious identity of victim to grant bail to accused==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/violence-in-name-of-religion-cannot-be-justified-supreme-court/articleshow/62934313.cms  Amit Anand Choudhary, Violence in name of religion cannot be justified: Supreme Court, February 15, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''HIGHLIGHTS'''&lt;br /&gt;
&lt;br /&gt;
Judiciary must be fully conscious of the plural composition of the country while adjudicating issues pertaining to rights of various communities: SC&lt;br /&gt;
&lt;br /&gt;
SC bench quashed the order of the Bombay high court granting bail to accused for allegedly killing a Muslim youth in 2014&lt;br /&gt;
&lt;br /&gt;
“The fault of the deceased was only that he belonged to another religion. I consider this factor in favour of the accused ... ,” the Bombay High Court had said in its order while granting bail to three accused belonging to Hindu Rashtra Sena for allegedly killing a Muslim youth in 2014. &lt;br /&gt;
&lt;br /&gt;
Taking exception to the observation made by the high court, the Supreme Court on Thursday said that such remarks were uncalled for and reminded that the judiciary must be fully conscious of the plural composition of the country while adjudicating issues pertaining to rights of various communities. It said that any kind of violence in the name of religion or community could not be justified. &lt;br /&gt;
&lt;br /&gt;
A bench of Justices SA Bobde and L Nageswara Rao quashed the order of the Bombay high court granting bail to the accused saying that there was little discussion on the other relevant factors relating to granting or withholding bail in a murder case. It asked the the high court to reconsider the bail plea of the accused afresh as per law on merit without being influenced by any extraneous reason. &lt;br /&gt;
&lt;br /&gt;
“We have carefully perused the impugned order(s) granting bail and we find that there is little reference to/or discussion on the merits of the bail applications but we are satisfied that the significant reason for release is mainly the one stated above. We find that the aforesaid reason can, on a fair reading, be understood or misunderstood almost as a mitigating circumstance or a kind of a justification for the murder and it is obvious that the fact that the deceased belonged to a certain community cannot be a justification for any assault much less a murder,” the bench said. &lt;br /&gt;
&lt;br /&gt;
“While it may be possible to understand a reference to the community of the parties involved in an assault, it is difficult to understand why it was said that ‘the fault of the deceased was only that he belonged to another religion’ and further ‘I consider this factor in favour of the applicants/accused.’ We have no doubt that a court fully conscious of the plural composition of the country while called upon to deal with rights of various communities, cannot make such observations which may appear to be coloured with a bias for or against a community,” it said. &lt;br /&gt;
&lt;br /&gt;
“It is possible that the learned Judge wanted to rule out a personal motive against the victim, but only emphasize communal hatred. It is also possible that the learned single judge may not have intended to hurt the feelings of any particular community or support the feelings of another community but the words are clearly vulnerable to such criticism. The direction cannot be sustained,” the court said. &lt;br /&gt;
&lt;br /&gt;
The high court had on January 12 last year granted bail to Vijay Gambhire, Ganesh Yadav and Ajay Lalge, accused of murdering 28-year-old Mohsin Shaikh on June 2, 2014 in Pune. As per the prosecution, the trio had attended a meeting of Hindu Rashtra Sena to protest against defiling of a statue of Chhatrapati Shiva-ji Maharaj. The accused armed with hockey sticks and bats roamed the streets on the night of June 2 when they came across Shaikh and thrashed him to death. &lt;br /&gt;
&lt;br /&gt;
Their bail plea was rejected by lower court but the high court granted them relief. &amp;quot;The meeting was held prior to the incident of assault. The accused otherwise had no other motive such as any personal enmity against the innocent deceased Mohsin. The fault of the deceased was only that he belonged to another religion. I consider this factor in favour of the accused. Moreover, the accused do not have criminal record and it appears that in the name of the religion, they were provoked and have committed the murder,” a bench of Justice Mridula Bhatkar had said.&lt;br /&gt;
&lt;br /&gt;
=Remarks by judges during hearings=&lt;br /&gt;
==2018==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F08%2F13&amp;amp;entity=Ar01406&amp;amp;sk=B2A238CC&amp;amp;mode=text  Dhananjay Mahapatra, PILs infecting judiciary with off-the-cuff remark fever, August 13, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Once upon a time, the Supreme Court’s stray caustic remarks during hearing of a PIL or a petition involving an important social or political issue was taken very seriously by the public, the government and the legislature. Media used to headline the comments.&lt;br /&gt;
&lt;br /&gt;
Newspapers and TV channels still headline such caustic remarks, which now fly thick and fast from the SC and HCs on a daily basis. But these have lost their salutary effect.&lt;br /&gt;
&lt;br /&gt;
An SC bench led by Justice Madan B Lokur, infuriated by the frustratingly lackadaisical approach of authorities towards proper garbage disposal, asked why not dump the garbage at Raj Niwas, the official residence of Delhi’s lieutenant governor. One may be tempted to ask, why not Rashtrapati Bhavan, since the President is the head of the country and also lives in Delhi?&lt;br /&gt;
&lt;br /&gt;
Incidents of rape, that too by those who were guardians to hapless girls who had no one to run to, made the Justice Lokur-led bench to remark that “rapes are happening left, right and centre in India”. Are they? Incidents of assault on women are on the rise and do ring alarm bells. But when the SC says rape is rampant, it surely sends a signal to the world to brand India as unsafe for women.&lt;br /&gt;
&lt;br /&gt;
The same bench, while hearing a PIL on extra-judicial killings in Manipur, summoned the director of CBI, which had been entrusted with probing the killings widely perceived to be excesses by armed forces.&lt;br /&gt;
&lt;br /&gt;
To the bench’s question why the accused had not been arrested, the director said once chargesheet was filed, it was for the court to either send them to custody or grant them bail. Noticing that chargesheets had Section 302 IPC charges, the bench remarked that “murderers are allowed to roam free”. The SC bench forgot to use ‘alleged’ before ‘murderers’ to soften its un-required punch.&lt;br /&gt;
&lt;br /&gt;
This had its adverse impact on the armed forces, whose personnel put their lives on the line in disturbed areas to allow the legislature, the executive and the judiciary to function without the fear of ultras. Moreover, it is common knowledge that an accused is presumed innocent till he is pronounced guilty. How would the SC respond if one of the accused in the chargesheet moves an application and asks since the apex court has already termed him a ‘murderer’, would he get justice from the trial court.&lt;br /&gt;
&lt;br /&gt;
The SC has been freely making remarks against the executive and, in a few cases, against the legislature. In contrast, it has been very sensitive towards comments made against judges. It did not spare sitting Calcutta HC judge C S Karnan for making it a habit to launch diatribes against Supreme Court and high court judges and sent him to jail.&lt;br /&gt;
&lt;br /&gt;
When a Rajasthan HC judge made disparaging remarks against the HC chief justice in a judicial proceeding (State of Rajasthan vs Prakash Chand [1998 (1) SCC 1]), the SC came down heavily on him for breach of discipline. It said, “It is unbecoming of a judge of HC to travel out of the confines of the issue before him and to fish out material to unjustifiably malign someone, more particularly when that someone happens to be the one who is the head of the judicial family in the HC. We most strongly deprecate this practice.” Probably, PILs allow judges to take a 360-degree view than limit themselves to the subject matter of the case in hand!&lt;br /&gt;
&lt;br /&gt;
When the SC makes caustic observations, does it spare a thought that it might be hurting those bureaucrats who honestly do their jobs but are not succeeding in achieving desired results given the enormity of problems. When the SC has the licence to make such remarks, would HCs remain far behind?&lt;br /&gt;
&lt;br /&gt;
Recently, the Uttarakhand HC made news by giving the Ganga living entity status. It also ruled that animals had rights equal to that of human beings. Just a few days ago, the HC threatened to turn the oldest tiger reserve, Corbett National Park, into a race track for cars as the government had not evicted forest-dwelling communities and had failed to protect animals.&lt;br /&gt;
&lt;br /&gt;
Given the stinging observations of the SC, no doubt intended to solve problems, attorney general K K Venugopal sounded a caution and told the bench that there should be an impact assessment of orders on PILs at the ground level. He said before passing sweeping orders, the courts must examine impact on employment, investment and morale of the workforce.&lt;br /&gt;
&lt;br /&gt;
Interestingly, the SC nearly three decades ago had made a virtue of judicial restraint. In A M Mathur vs Pramod Kumar Gupta [1990 (2) SCC 533], it had said, “Judicial restraint and discipline are as necessary to the orderly administration of justice as they are to the effectiveness of the army. “This quality in decision making is as much necessary for judges to command respect as to protect the independence of the judiciary. Judicial restraint in this regard might better be called judicial respect, that is, respect by the judiciary.&lt;br /&gt;
&lt;br /&gt;
“Respect to those who come before the court as well to other coordinate branches of the state — the executive and the legislature. There must be mutual respect. When these qualities fail or when litigants and public believe that the judge has failed in these qualities, it will be neither good for the judge not for the judicial process.&lt;br /&gt;
&lt;br /&gt;
“The judges have absolute and unchallengeable control of the court domain. But they cannot misuse their authority by intemperate comments, undignified banter or scathing criticism of counsel, parties or witnesses. We concede that the court has the inherent power to act freely upon its own conviction on any matter coming before it for adjudication, but it is a general principle of the highest importance to the proper administration of justice that derogatory remarks ought not to be made against persons or authorities whose conduct comes into consideration unless it is absolutely necessary for the decision of the case.”&lt;br /&gt;
&lt;br /&gt;
These lines, said 28 years ago, still hold good for judiciary, if it wants to command respect from the public, the executive and the legislature.&lt;br /&gt;
&lt;br /&gt;
=Sealed cover proceedings=&lt;br /&gt;
==Adopted by the SC since 2000==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/sc-has-relied-on-sealed-cover-proceedings-in-several-cases-gujarat-riots-2g-coal-scam-cbi-rafale/articleshow/66801761.cms  Dhananjay Mahapatra, SC has relied on sealed cover proceedings in several cases – Gujarat riots, 2G, coal scam, CBI &amp;amp; Rafale, November 26, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
To prevent further damage to the CBI’s public image, already sullied by incessant mudslinging between CBI director Alok Verma and his deputy Rakesh Asthana, the Supreme Court had resorted to ‘sealed cover proceedings’ while asking all parties to maintain strict confidentiality. &lt;br /&gt;
&lt;br /&gt;
After a bench led by CJI Ranjan Gogoi ordered ‘strict confidentiality’, three CBI officers had filed applications challenging their transfers out of Delhi immediately after the Centre sent both Verma and Asthana on leave. &lt;br /&gt;
&lt;br /&gt;
The last application was by an IPS officer with 18 years experience. He did little justice to his experience as a police officer by relying on ‘unverified’ statement of Hyderabad-based businessman Sathish Babu Sana to make ‘shocking’ allegations against Asthana, the CVC, the NSA, a Union minister, the law secretary and a RAW special secretary. &lt;br /&gt;
&lt;br /&gt;
The real facts behind these ‘shocking’ allegations need to be found out. We also must know what impelled the IPS officer to level these allegations when the SC through ‘sealed cover proceedings’ was scrutinising the CVC report’s which contained “not so complimentary and very uncomplimentary’ remarks against Verma. &lt;br /&gt;
&lt;br /&gt;
But the ‘sealed cover proceedings’ appears to have disturbed some, who are questioning its efficacy. The same people have expressed similar doubts over sealed cover proceedings adopted by the SC in scrutinising the Rafale deal. Since 2000, ‘sealed cover’ proceedings have been adopted by the SC in Gujarat riot cases, the 2G spectrum allocation scam and the coal block allocation scam. &lt;br /&gt;
&lt;br /&gt;
In post-Godhra riots cases, R K Raghavan headed SIT had filed several sealed cover status reports before the SC. As the SC was gunning for the Gujarat government then headed by Narendra Modi, Raghavan was hailed as an independent investigator by social activists and their activist lawyers as media reported the summary of the contents of almost every SIT report. &lt;br /&gt;
&lt;br /&gt;
One SIT report unfortunately talked about an activist peddling exaggerated stories about riot victims as also tutoring witnesses. Reporting of this SIT report caused much discomfort. The activists’ lawyer vociferously and repeatedly pleaded with the SC to initiate contempt proceedings against the reporter for revealing details of the ‘sealed cover’ report. &lt;br /&gt;
&lt;br /&gt;
In arbitrary allocation of 2G spectrum by UPA government in 2008, the SC had routinely scrutinised ‘sealed cover’ CBI probe status reports. No one questioned the efficacy of such proceedings then. &lt;br /&gt;
&lt;br /&gt;
The SC yet again adopted ‘sealed cover’ proceedings to monitor CBI probe into coal block allocations under the UPA regime. The then PM too has been made an accused in the case, though the trial against him has been stayed since 2015 by the SC. &lt;br /&gt;
&lt;br /&gt;
Before the ex-PM was made an accused, the CBI made a startling admission on April 30, 2013 — probe status reports, prior to submission to the SC, were vetted by then law minister and two joint secretary level officers, one in the PMO and the other in the coal ministry. &lt;br /&gt;
&lt;br /&gt;
On May 8, 2013, the SC recorded, “The draft status report was shared with the law minister, law officers and two joint secretary level officers and at their instance some changes were made. Some of the changes made in these draft status reports are significant.” Changes related to CBI’s PE2, which was on alleged irregularities in coal block allocations during 2006-09, when the ex-PM held the coal portfolio. &lt;br /&gt;
&lt;br /&gt;
Those who had subjugated the CBI director, illegally vetted and audaciously made vital changes in the probe status report are now vociferous while shedding crocodile tears for the danger to the CBI’s autonomy. We hope there will be constructive criticism of a decision by the court rather than nitpicking over ‘sealed cover proceedings’. &lt;br /&gt;
&lt;br /&gt;
A majority of politicians and activists behave according to the season and circumstances. Very few rise above the surroundings to work for greater common good. It reminds us of a small story: Once a king dreamt of an owl flapping around his throne. None in the durbar could decipher the dream. The king announced a handsome reward of 10 gold coins. A long distance away, a farmer resting under a tree was day-dreaming of the reward. A bird on the tree told the farmer she would share the dream’s meaning if he agreed to share the reward. Farmer agreed. Bird said betrayal and treachery rules the roost in the kingdom. The farmer told the king what the dream meant. The king found it in sync with intelligence reports. The farmer’s happiness fizzled out as soon as he neared home as the thought of giving the bird five gold coins was gnawing him. He took an alternative road home. &lt;br /&gt;
&lt;br /&gt;
A year later, the king saw another dream. A knife revolving around his throne. He sent for the farmer, who ran straight to the bird, apologised for betraying her the last time, and promised to share the booty this time. The bird said the dream meant violence would erupt in the kingdom. Satisfied with the meaning of the dream, the king gave 20 gold coins to the farmer. The man was sadder this time and working himself into a fury by repeatedly asking – what will a bird do with 10 gold coins? While heading home, he picked up a stone. As he neared the tree and the moment the bird asked for her share, the man aimed the stone at her. The bird flew away. &lt;br /&gt;
&lt;br /&gt;
Next year, the king dreamt of a dove flying around his throne and again sent for the man, who ran to the tree, and profusely apologised for his treacherous and violent actions in the past. In bargain for same promise to share the reward, the bird said this time there is peace in the kingdom and the king could take up welfare works for citizens. A happy king rewarded the farmer with 50 gold coins. The man went straight to the tree, gave all the gold coins to the bird and sought forgiveness. &lt;br /&gt;
&lt;br /&gt;
The bird smiled and said gold coins were of no use to her. But few men can rise above the surroundings and prevailing atmosphere to behave like real men, she said and told the farmer to strive to be a real man who remains uninfluenced by the atmosphere of distrust and conspiracy. Prior to every election, politicians across the political landscape behave alike and trade charges against each other with the sole aim of winning votes. We hope times will change.&lt;br /&gt;
&lt;br /&gt;
= Sentences, concurrent or consecutive?=&lt;br /&gt;
==If for non-payment of fines, then consecutive/ 2018== &lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F09%2F22&amp;amp;entity=Ar01612&amp;amp;sk=5F1190DB&amp;amp;mode=text  Dhananjay Mahapatra, Sentences for non-payment of fine to run consecutively: SC, September 22, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Supreme Court ruled that if a convict fails to pay the fines imposed on him for separate offences, the sentences for default in payment would run consecutively not concurrently.&lt;br /&gt;
&lt;br /&gt;
Five persons, convicted under Maharashtra Control of Organised Crime Act (MCOCA), were fined Rs 5 lakh each under three sections of MCOCA and upon default, they were to undergo imprisonment of three years for each section.&lt;br /&gt;
&lt;br /&gt;
In an appeal before a bench of Justices Abhay Manohar Sapre and Uday Umesh Lalit, senior advocate Colin Gonsalves said the cumulative fine was Rs 15 lakh and upon default, the convicts had to undergo further imprisonment of nine years, even after serving 14 years in jail. Gonsalves pleaded that the default sentences must run concurrently, that is for three years.&lt;br /&gt;
&lt;br /&gt;
Writing the judgment for the bench, Justice Lalit referred to provisions of Criminal Procedure Code and said, “The idea is clear, the default sentence is not to be merged with or allowed to run concurrently with a substantive sentence. Thus, the sentence of imprisonment for nonpayment of fine would be in excess of or in addition to the substantive sentence.”&lt;br /&gt;
&lt;br /&gt;
Explaining why the sentences should run consecutively and not concurrently, he said, “Theoretically, if the default sentences awarded in respect of imposition of fine in connection with two or more offences are to be clubbed or directed to run concurrently, there would not be any occasion for the person so sentenced to deposit the fine in respect of the second or further offences. It would effectively mean imposition of one single or combined sentence of fine. Such an exercise would render the very idea of imposition of fine with a deterrent stipulation while awarding sentence in default of payment of fine to be meaningless.”&lt;br /&gt;
&lt;br /&gt;
Referring to the case at hand, the bench said if default sentences awarded in respect of each of those three counts under MCOCA were directed to run concurrently, the accused may not be inclined to deposit fine for two of the three counts.&lt;br /&gt;
&lt;br /&gt;
=See also=&lt;br /&gt;
[[Supreme Court: India]] (mainly SC's rulings)&lt;br /&gt;
&lt;br /&gt;
[[Supreme Court, India: Administrative issues]]&lt;br /&gt;
&lt;br /&gt;
[[Supreme Court: India: Chief Justices]]&lt;br /&gt;
&lt;br /&gt;
[[Supreme Court: India: Sitting judges]]&lt;br /&gt;
&lt;br /&gt;
[[Judicial appointments, senior: India]] mainly the Collegium debate&lt;br /&gt;
&lt;br /&gt;
[[Judiciary: India (powers, functions)]]&lt;br /&gt;
&lt;br /&gt;
[[Judiciary, superior: India]]&lt;br /&gt;
&lt;br /&gt;
[[Judiciary: India]]&lt;br /&gt;
&lt;br /&gt;
[[Witness protection: India]]&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Supreme_Court:_India</id>
		<title>Supreme Court: India</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Supreme_Court:_India"/>
				<updated>2019-02-17T05:55:47Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: /* 2018, Jan: Four SC judges’ press conference */&lt;/p&gt;
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=Article 142 in The Constitution Of India 1949=&lt;br /&gt;
142. ''' Enforcement of decrees and orders of Supreme Court ''' and unless as to discovery, etc &lt;br /&gt;
&lt;br /&gt;
( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe&lt;br /&gt;
&lt;br /&gt;
(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself&lt;br /&gt;
&lt;br /&gt;
==‘A tool for judicial dictatorship’ ==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=OPINION-Article-142-cant-be-tool-for-judicial-03042017002030      C A Sundaram| Article 142 can't be tool for judicial dictatorship Apr 03 2017 : The Times of India (Delhi)]&lt;br /&gt;
&lt;br /&gt;
'' (The writer is a Supreme Court lawyer) '' &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
As a committed democrat, I believe that an inefficient democracy is preferable to an efficient dictatorship and any form of absolutism, even by the judiciary, is unacceptable.&lt;br /&gt;
&lt;br /&gt;
The anathema of democracy is dictatorship, whether in the hands of an individual, a group or an institution. The very soul of a democracy is that the people's will is supreme. Howsoever wise be the 30 adorning the apex court and howsoever noble their motives, they can never speak for 1.2 billion people who speak through their representatives in the legislature.&lt;br /&gt;
&lt;br /&gt;
It is not a case of comparative wisdom or intellect since democracy itself owes its origins in Greece to the revolt against the rule of the intelligentsia. It is for this very reason that the founding fathers of our Constitution provided strictly for the separation of powers, which would maintain a balance and protect against any one institution overpowering or dominating the others.&lt;br /&gt;
&lt;br /&gt;
How then can 30 wise but unelected people exercise powers akin to legislation? More so, when the selection of future members into this august group is decided by five of their wisest, with none else given a me aningful role in such appointments. Such power to self-propagate has also been conferred by their own judgments.&lt;br /&gt;
&lt;br /&gt;
While the independence of the judiciary is to be strictly protected, with it comes the responsibility of acting within constitutional boundaries and resisting the temptation to venture into the terrain of other institutions in the absence of viola tion of constitutional and legal principles.&lt;br /&gt;
&lt;br /&gt;
Over the recent past, however, increasing powers are traced to Article 142 to decide a host of issues that would fall within the domain of other institutions. The exercise of such powers with no one to turn to against such exercise except the very body that had exercised the powers in the first place is certainly not democratic and bor ders on authoritarianism or at the very least, rule of the intelligentsia.&lt;br /&gt;
&lt;br /&gt;
Article 142 is an extraordinary power to be sparingly used where there is a legislative or executive void and comes into play when the conclusion is founded on statute or law but a remedy has to be created. Surely , its purpose is not replacing the wisdom of other institutions with that of the judiciary .&lt;br /&gt;
&lt;br /&gt;
''' The recent judgment ''' of the apex court overriding the objections of the states has also prohibited luxury hotels within 500 metres of a highway from serving liquor in restaurants, banquet halls or even to guests in their rooms.&lt;br /&gt;
&lt;br /&gt;
To name a few, Aero City in Delhi, Leela in Mumbai, and Grand Chola in Chennai are all subject to this embargo.Members cannot have a drink in iconic clubs like the Gymkhana. Even more surprising is that this fatwa was passed in a litigation expressing concern over liquor shops operating on the fringe of highways proving a temptation to passing motorists and encouraging drunk driving.&lt;br /&gt;
&lt;br /&gt;
The judgment was surprising as it is highly likely that a person going to Bukhara for dinner does so to break the monotony of his driving or that the hotel guest having a nightcap would be tempted to rush out and start driving.&lt;br /&gt;
&lt;br /&gt;
That stopping such people from drinking would make the highway safer defies logic. If it was to enforce a prohibition on the consumption of liquor, it was beyond the powers of the court and in the domain of the legislature. The only source relied on for the exercise of such power by the court is Article 142 of the Constitution which empowers it to pass orders to do complete justice to parties. Today it has become as uncertain and elastic in its use as an anteater's tongue.&lt;br /&gt;
&lt;br /&gt;
It is certainly not to decide that it would be more - wholesome for the populace if hotels legally built and legally serving numerous needs ought not to serve liquor since they may be used as a watering hole by thirsting motorists.&lt;br /&gt;
&lt;br /&gt;
==Art 142 used to end marriage after wife skips hearings==&lt;br /&gt;
[http://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2017%2F12%2F15&amp;amp;entity=Ar01703&amp;amp;sk=346BF5BD&amp;amp;mode=text  AmitAnand Choudhary, SC invokes extraordinary powers to end marriage after woman skips hearings, December 15, 2017: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Supreme Court dissolved a marriage after the wife refused to respond to its notice to appear in court to contest the case. The husband had been fighting a legal battle for the last three years after his wife withdrew her consent for divorce after filing a joint petition in the family court.&lt;br /&gt;
&lt;br /&gt;
A bench of Justices R K Agrawal and Abhay Manohar Sapre invoked the SC’s extraordinary power granted under Article 142 to dissolve the marriage without hearing the wife as she refused to respond to its notice issued on the husband’s plea. The court said she was not interested in keeping the marital relationship alive and allowed the husband’s divorce plea. Article 142 empowers the SC to pass order as is necessary for doing complete justice in any cause or matter pending before it. The couple got married in 2013 but the relationship soured soon after and they agreed to separate. They filed a joint petition in the family court seeking dissolution of marriage through mutual consent. The wife thereafter did not appear before the court which finally dismissed the petition. The man then approached the High Court of Judicature at Hyderabad which refused to grant him divorce after his wife’s lawyer contended that she had not given consent.&lt;br /&gt;
&lt;br /&gt;
Agreeing to examine his plea, the apex court had issued a notice to the wife to file her response but neither she not her lawyer appeared to argue the case. She did not appear before the court on 18 dates when the matter was taken up for hearing.&lt;br /&gt;
&lt;br /&gt;
Taking into account her conduct, the apex court dissolved the marriage and said there was no dispute that the couple had entered into an agreement to end the marital relationship.&lt;br /&gt;
&lt;br /&gt;
=Contempt of court=&lt;br /&gt;
==Calcutta HC on contempt: SC==&lt;br /&gt;
&lt;br /&gt;
The Times of India, Sep 18, 2011&lt;br /&gt;
&lt;br /&gt;
The Jalpaiguri district court was shut for a month by people demanding a Calcutta high court circuit bench there and the high court convicted 18 people, including the DGP of the West Bengal police, editor of a local daily, an ex-MP, an MLA and the district magistrate, for contempt. &lt;br /&gt;
When they appealed against their conviction and six-month jail term, the tables were turned in the Supreme Court, which not only quashed the contempt proceedings but also faulted the high court for not taking timely action during the agitation to help keep the district court open. &lt;br /&gt;
&lt;br /&gt;
The protesting public started the agitation on December 15, 2006 outside the main gate of the district court and requested the judicial officers not to go to court. It continued for a month till January 15, 2007. &lt;br /&gt;
&lt;br /&gt;
A bench of Justices P Sathasivam and B S Chauhan said the agitation was peaceful and the judicial officers were not forcibly prevented from attending the court. However, it reiterated that “the administration of justice should never be stalled at the instance of anyone including the members of the bar even for any cause.” &lt;br /&gt;
&lt;br /&gt;
The SC found that there was no request from the district judge or from the registrar general of the HC for removal of the rostrum put up in front of the gate and clearing of the protesters. It disagreed with the HC’s view that the DGP disobeyed the Chief Justice’s order for restoration of the district court’s functioning.&lt;br /&gt;
== Siddaramaiah, Sahara and other cases==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=LEGALLY-SPEAKING-High-and-mighty-in-country-make-03102016014045  Dhananjay Mahapatra High and mighty in country make judiciary drag its feet, Oct 03 2016 : The Times of India]&lt;br /&gt;
&lt;br /&gt;
Siddaramaiah's Snub To SC Not 1st Case Of Defiance By A CM&lt;br /&gt;
&lt;br /&gt;
Defiance of the Supreme Court's orders have al ways invited stinging punishment. Sahara group chief Subrata Roy will testify to that. He spent more than two years in jail and yet is not safe from the wrath of law. Last week, he was in real danger of being dragged back to prison just because his counsel made some intemperate arguments to test the SC's patience.&lt;br /&gt;
&lt;br /&gt;
Again in Sept 2016, the Justice Lodha committee complained to the SC that the Board of Control for Cricket in India (BCCI) was impeding and defying implementation of reforms ordered by the apex court. Asking the BCCI to fall in line, the SC issued a “we will set you right“ warning.&lt;br /&gt;
&lt;br /&gt;
But last week also saw Karnataka repeatedly flouting the SC's orders for release of Cauvery water to Tamil Nadu. Three times in the past one month, the state disobeyed the SC's orders. The political class came together and the assembly passed a resolution restraining the government from releasing water.&lt;br /&gt;
&lt;br /&gt;
The SC had no option but to reiterate its orders notwithstanding the assembly resolution. CM Siddaramaiah told the SC in clear terms that given the “will of the people of Karnataka“, he would disobey the court's orders.&lt;br /&gt;
&lt;br /&gt;
In a democracy , rule of law is maintained only when the violator faces reprisal of law swiftly and unwaveringly . For a commoner, the wrath of law has always been swift but when it comes to a mighty state or a chief minister, the SC has always been a little lenient.&lt;br /&gt;
&lt;br /&gt;
It is not the first time that Karnataka has disobeyed SC orders. In 2002, the SC had issued contempt notice to then chief minister S M Krishna for disobeying its October 4, 2002 order for release of 9,000 cusecs of water into Mettur reservoir. The contempt proceedings gathered dust. After six years, the SC disosed of the contempt proce edings taking into account Krishna's unconditional apology for the disobedience filed through senior advocate Fali S Nariman, who continues to be the counsel for Karnataka in the Cauvery dispute.&lt;br /&gt;
&lt;br /&gt;
Is Siddaramaiah drawing inspiration from the past? Difficult to say but the SC faces a real dilemma. If it hauls up the CM for contempt, it would help his popularity soar. And there is no guarantee of his successor implementing the SC's orders. As regards Siddaramaiah, he would not mind facing the wrath of law to emerge a martyr a few months ahead of assembly elections.&lt;br /&gt;
&lt;br /&gt;
If the court does not take action, then it could encourage other states to defy its orders hiding behind the “will of the people“. And at present, it takes virtually nothing to whip up public hysteria.&lt;br /&gt;
&lt;br /&gt;
In 1992, then UP chief minister Kalyan Singh had given an undertaking to the SC to maintain status quo at the disputed Ram Janmabhumi-Babri masjid site. It was flagrantly violated and the structure was razed to the ground. The SC convicted him for contempt of court.&lt;br /&gt;
&lt;br /&gt;
In Mohd Aslam vs Union of India [1994 (6) SCC 442], the SC said, “It is unhappy that a leader of a political party and chief minister has to be convicted of an offence of contempt of court. But it has to be done to uphold the majesty of law. We convict him of the offence of contempt of court.Since the contempt raises larger issues which affect the very foundation of the secular fabric of our nation, we also sentence him to a token imprisonment of one day. We also sentence him to pay a fine of Rs 2,000.“ Is that the wrath of law ­ one day's imprisonment or a fine of Rs 2,000?&lt;br /&gt;
&lt;br /&gt;
Importantly, the SC had aid, “Respect for law and its nstitutions is the only assuance that can hold a plura st nation together. Any atempt to achieve solutions to ontroversies, however ideoogically and emotionally urcharged, not on the basis f law and through judicial nstitutions, but on the trength of numbers will subert the fundamental values f our chosen political orga isation. It will demolish ublic faith in the accepted onstitutional institutions nd weaken people's resolve o solve issues by peaceful eans. It will destroy respect or rule of law and the authoity of courts, and seek to plae individual authority and trength of numbers above he wisdom of law.“&lt;br /&gt;
&lt;br /&gt;
Contrast this to a very reent example in the US. No ess than Alabama Supreme ourt chief justice Roy S More was suspended because e had ordered junior judges o defy an order of the US Su reme Court which validated ame-sex marriage in June ast year. That is what is caled the wrath of law which perates on the basis of the axim “you be ever so high, he law is above you“.&lt;br /&gt;
&lt;br /&gt;
Unfortunately in India, the wrath of law has always remai ed inversely proportional to he position and popularity of n individual. The higher he stands, lesser the chance of him acing the wrong end of the judicial stick. It will be interes ng to watch how the `wrath of w' story unfolds in the SC .&lt;br /&gt;
&lt;br /&gt;
= Curative jurisdiction=&lt;br /&gt;
==2017: AG calls for a review== &lt;br /&gt;
[http://epaperbeta.timesofindia.com//Article.aspx?eid=31808&amp;amp;articlexml=SCs-flawed-curative-jurisdiction-needs-urgent-relook-says-29042017013011  Dhananjay Mahapatra, SC's flawed curative jurisdiction needs urgent relook, says AG, April 29, 2017: The Times of India]&lt;br /&gt;
﻿&lt;br /&gt;
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﻿&lt;br /&gt;
'''Observation Comes Day After SC Rejected Centre's Plea On AFSPA'''&lt;br /&gt;
&lt;br /&gt;
A day after the Supreme Court dismissed the Centre's plea to exempt armed forces' personnel from prosecution for encounter deaths in areas under the Armed Forces Special Powers Act (AFSPA), attorney general Mukul Rohatgi on Friday made a strong pitch for review of the curative jurisdiction and called it “unfair and flawed“.&lt;br /&gt;
&lt;br /&gt;
The SC had devised the curative jurisdiction in 2002 in its order in the Rupa Ashok Hurra case whereby a litigant could, as the last recourse, seek reconsideration of a judgment even after a review petition had been dismissed, on grounds of alleged violation of principle of natural justice and bias. A curative petition is considered in chamber by a bench that includes the three senior-most judges of the SC and the judges who had delivered the judgment in question. Rohatgi gave three grounds terming the process for cura for terming the process for curative petitions as “unfair and flawed“. He said, “If the judges who had delivered the judgment and dismissed the review petition were to be part of the bench to hear the curative petition, then it is obvious that the result would go the same way as the fate of the review petition. If the intention is to have a relook at the judgment, then the curative petition must be placed before a bench which does not include the judges who had delivered the judgment.“&lt;br /&gt;
&lt;br /&gt;
Speaking to TOI, the AG also faulted the procedure adopted in deciding curative petitions. “In camera proceedings are contrary to the notion of dispensation of justice under public gaze. The court proceedings in India are open to public, except in exceptional circumstances,“ Rohatgi said.&lt;br /&gt;
&lt;br /&gt;
The third ground, he said, was the absence of petitioner's counsel to argue before the bench dealing with the curative petition. “The procedure established through the Hurra judgment is not in accordance with the principles of natural justice and deserves a relook urgently,“ he said. On Wednesday, the SC up held its direction for mandatory registration of FIR against armed forces personnel, even in disturbed areas under AFSPA, for every encounter death despite the Centre pleading that this order could jeopardise efforts to maintain peace and security .&lt;br /&gt;
&lt;br /&gt;
In a chamber hearing without the presence of law officers for the Centre, a bench of Chief Justice J S Khehar and Justices Dipak Misra, J Chelameswar, Madan B Lokur an U U Lalit had dismissed the Union government's curative petition against the judgment delivered last year. “We find no merit in the curative petition,“ it said before rejecting the plea.&lt;br /&gt;
&lt;br /&gt;
By the July 8, 2016 order, the SC had negated the protection against prosecution available to armed forces under AFSPA. The Centre had said, “If the position maintained by the impugned order continues, it may one day be well-nigh impossible to maintain peace and security .“&lt;br /&gt;
&lt;br /&gt;
=High Courts’ judgements and the SC=&lt;br /&gt;
==Complimenting HCs==	&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F21&amp;amp;entity=Ar01302&amp;amp;sk=A1C1C65B&amp;amp;mode=text  Dhananjay Mahapatra, How often does SC compliment HCs? Every now &amp;amp; then, January 21, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The fulsome praise showered by the Supreme Court on the Delhi high court for deciding the sexual harassment case against filmmaker Mahmood Farooqui may appear to be against the run of play because of the perception that HC verdicts are routinely overturned by the apex court.&lt;br /&gt;
&lt;br /&gt;
However, a quick scan of important cases heard by the apex court by way of appeals against high court verdicts reveals that, contrary to the widely held impression, in the majority of cases the SC has not only agreed with the HCs but even rebuked state governments for contesting well-reasoned orders. There have, of course, been instances of the apex court faulting HCs for falling into error.&lt;br /&gt;
&lt;br /&gt;
“The Supreme Court needs to be complimented for complimenting the high court,” said a senior lawyer.&lt;br /&gt;
&lt;br /&gt;
In March last year, the Calcutta HC ordered the CBI to take hold of all material, including Narada sting operation videos allegedly showing Trinamool members taking bribe, and register a preliminary enquiry (PE) in 72 hours. The West Bengal government cried foul and accused the CBI of political vendetta and appealed in the SC. The apex court strongly criticised the Mamata Banerjee government, made its counsel apologise, and held that the appeal was “most unfortunate” deserving “outright rejection”.&lt;br /&gt;
&lt;br /&gt;
The SC had said: “We have perused the order under challenge and it emerges that the HC took into consideration the material which required holding of PE at the hands of the CBI. We find no infirmity with the determination of the HC as the rights of petitioners are fully protected.”&lt;br /&gt;
&lt;br /&gt;
In February 2015, the Delhi high court restrained Prasar Bharati from sharing the free live telecast feed of cricket matches available to Doordarshan with cable operators. In August last year, the SC said the HC had correctly decided the case and affirmed the order.&lt;br /&gt;
&lt;br /&gt;
The Delhi high court will also draw satisfaction in the SC fully endorsing its verdict convicting four persons and awarding them death penalty for the gang rape and murder of ‘Nirbhaya’ in December 2012. The Supreme Court, after minute scrutiny of every piece of evidence, found no infirmity in the HC judgment. It is one of those rare cases where the trial court, the HC and the SC were on the same page.&lt;br /&gt;
&lt;br /&gt;
In contrast, the 2001Parliament attack case shows how scrutiny of evidence at the higher levels of judiciary makes certain evidence, relied on by the trial court, appear doubtful. In this case, the trial court had awarded death sentences on Mohammad Afzal Guru, Shaukat Hussain Guru and SAR Gilani, and a five-year jail term to Afsan Guru. The HC upheld the death sentence for Afzal and Shaukat but acquitted Gilani and Afsan. The SC, despite terming the HC order “well reasoned”, awarded death only to Afzal, a 10-year jail term to Shaukat and upheld the acquittal of Gilani and Afsan.&lt;br /&gt;
&lt;br /&gt;
In November last year, the Supreme Court had upheld an Uttarakhand HC verdict approving the assembly speaker’s decision to disqualify nine MLAs for defecting from Congress and said it was a “well-reasoned order”. In December last year, the SC was again on the same page with the Delhi HC in refusing to accord ‘Vande Mataram’ status equivalent to that of the national anthem.&lt;br /&gt;
&lt;br /&gt;
Last month, it also agreed with theDelhi HC and dismissed a petition filed by AAP member Raghav Chadha, who had challenged the trial judge’s decision to summon him to face proceedings in a defamation case filed against him by finance minister Arun Jaitley for merely retweeting an allegedly defamatory statement by Delhi chief minister Arvind Kejriwal.&lt;br /&gt;
&lt;br /&gt;
However, there are occasions when the SC expressed annoyance with the HCs, as it did last year in the fodder scam case. The Jharkhand HC had said the scam was a product of one conspiracy and hence former Bihar CM and RJD chief Lalu Prasad could not be made to face conspiracy charge in fodder scam cases relating to different treasuries. The SC overturned the order and criticised the HC for “ignoring the settled principles of law” that instances of illegal withdrawal of crores of rupees from every treasury require a separate trial. That is how Lalu Prasad came to be convicted in the second fodder scam case and faces more trials.&lt;br /&gt;
&lt;br /&gt;
= Impeachment =&lt;br /&gt;
[https://www.indiatoday.in/magazine/up-front/story/20180416-cji-dipak-mishra-impeachment-supreme-court-1206276-2018-04-05#ssologin=1#source=magazine Faizan Mustafa , Judging our judges “India Today” 16/2/2018]&lt;br /&gt;
&lt;br /&gt;
Yet no judge has so far been impeached in India. In 2010, senior lawyer and former law minister Shanti Bhushan asserted, in an affidavit in the Supreme Court, that out of 16 chief justices of India, as many as eight were 'definitely corrupt'. There was a move to impeach CJI M.M. Punchhi for acquitting a person on the basis of a compromise in a matter of criminal breach of trust-which is a non-compoundable offence-for allegedly extraneous considerations, but the requisite number of MP signatures could not be procured for the impeachment motion. Last year, CJI J.S. Khehar too was mired in a controversy over the suicide note of former Arunachal Pradesh chief minister Kalikho Pul. Justice Markandey Katju too had made serious allegations about the extension given to a Madras High Court judge by three CJIs under political pressure from the DMK and UPA.&lt;br /&gt;
&lt;br /&gt;
The ill-conceived, half-hearted and unrealistic move to impeach CJI Dipak Misra on charges that are hard to prove should cue attempts to put in place a system of judicial accountability short of impeachment.&lt;br /&gt;
&lt;br /&gt;
A judge can be impeached by Parliament on grounds of 'proved misbehaviour or incapacity'. Judges hold office, not only in India but also in, say, Britain and the US, during what may be termed as 'good behaviour' periods. The CJI too can be impeached like any other judge as he is simply the first among equals. The Supreme Court itself has held that 'misconduct' is a relative term that could connote &amp;quot;wrong conduct or improper conduct&amp;quot;. The Judges (Inquiry) Bill, 2006, did include wilful, persistent failure to perform duties within the definition of 'misconduct', but it is difficult to argue that writing of fewer judgments or wrong judgments amounts to 'misconduct' or 'incapacity'.&lt;br /&gt;
&lt;br /&gt;
Public perception matters in the discharge of judicial functions. If there is even a baseless perception that the CJI and/ or other judges are under the influence of the government and matters in which the government is interested are given to pliant benches, it may be a worrisome sign for the independence of the judiciary. However, none of this, including the controversial constitution of a seven- and then five-judge bench with great alacrity to overturn a decision of a three-judge bench in the Lucknow medical college case, may really meet the stringent criteria of 'misconduct'.&lt;br /&gt;
&lt;br /&gt;
Corruption is a cognisable offence, yet in the Justice K. Veeraswami case (1991), the apex court laid down that no FIR can be filed against a judge without the permission of the CJI. Although the case was about corruption, the Supreme Court extended protection to all cases. If the allegation of corruption is against a Supreme Court judge, the President could order an investigation in consultation with the CJI. If the allegation was against the CJI, the President had to consult other judges and act on their advice. In CJI Khehar's case, since the allegations were not only against him but also against the then President (Pranab Mukherjee), Khehar rightly ordered that the matter be referred to an appropriate bench.&lt;br /&gt;
&lt;br /&gt;
The impeachment process is so time-consuming and tortuous that it practically gives judges immunity. We, therefore, must evolve other mechanisms to evaluate the performance of judges. Judicial accountability promotes at least three discrete values: the rule of law, public confidence in the judiciary, and institutional responsibility. Many US states have a 'merit plan' to evaluate judicial performance. States such as Arizona, California and Utah have Judicial Performance Review Commissions/ Councils. These consist of not only judges and lawyers but also laypersons. New York and Alaska have systems of evaluation by trained court observers who make unscheduled court visits. Judges are evaluated on their knowledge of law, integrity, sentencing, impartiality etc. Judges must be judged too, and we need mechanisms that enable this.&lt;br /&gt;
&lt;br /&gt;
=Judgements, famous=&lt;br /&gt;
==Disaster relief order: 2016==&lt;br /&gt;
[http://epaperbeta.timesofindia.com//Article.aspx?eid=31808&amp;amp;articlexml=SC-erred-in-disaster-relief-order-26052016011035 ''The Times of India''], May 26 2016&lt;br /&gt;
&lt;br /&gt;
Dhananjay Mahapatra&lt;br /&gt;
&lt;br /&gt;
In its over-zealousness to protect the lives of citizens reeling under severe drought in several states, the Supreme Court has erred in directing the Centre to set up a National Disaster Mitigation Fund (NDMF) under a non-operational statutory provision which had riled the government.&lt;br /&gt;
Led by finance minister Arun Jaitley , the government had accused the judiciary of wanton interference in the executive's exclusive domain of earmarking funds for various purposes under the budgetary exercise.&lt;br /&gt;
&lt;br /&gt;
The SC on May 11 had quoted Section 47 of the Disaster Management Act, which provides for setting up of NDMF for projects exclusively for the purpose of mitigation -measures aimed at reducing the risk of disaster.&lt;br /&gt;
&lt;br /&gt;
Slamming the government, the SC had said, “Although the DM Act has been in force for more than 10 years, the NDMF has not yet been constituted. Therefore, there is no provision for mitigation of a disaster.“ It said since the Centre had not set up NDMF, it was unlikely that states or district administrations would have set up disaster mitigation funds.&lt;br /&gt;
&lt;br /&gt;
“As mandated by Section 47 of the DM Act, 2005, a Na tional Disaster Mitigation Fund is required to be established. Unfortunately, no such fund has been constituted till date. Accordingly, we direct the Union of India to establish a National Disaster Mitigation Fund within three months,“ the bench said and set August 10 as the deadline to set up NDMF.&lt;br /&gt;
&lt;br /&gt;
While the anxiety to come to the rescue of those affected by droughts was reflected in the judgment of Justices Madan B Lokur and N V Ramana, the bench missed the fact that Section 47 of the DM Act was not yet notified. None of the counsel -neither additional solicitor general P S Narasimha nor the advocates appearing for states -drew the court's attention to the fact that Section 47 mandating setting up of NDMF was not notified by the government and, hence, remained non-operative.&lt;br /&gt;
&lt;br /&gt;
As a result of this mistake, the SC ended up directing the Centre to implement a provision of law which for all practical purposes is non-existent.&lt;br /&gt;
&lt;br /&gt;
A day after the SC directed the Centre to set up NDMF, Jaitley said the judiciary was progressively appropriating the executive's powers. “Step by step, brick by brick, the edifice of India's legislature is being destroyed,“ he said and his remark was appreciated by MPs cutting across party lines.&lt;br /&gt;
&lt;br /&gt;
==Setting up a Disaster Response Force==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=SC-also-erred-in-asking-govt-to-set-28052016012059 ''The Times of India''], May 28 2016&lt;br /&gt;
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'''SC also erred in asking govt to set up Disaster Response Force: ASG'''&lt;br /&gt;
﻿&lt;br /&gt;
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Additional solicitor general P S Narasimha on Friday said the Supreme Court erred not only in directing setting up of National Disaster Mitigation Fund (NDMF) but also in asking the Centre to set up a National Disaster Response Force (NDRF).&lt;br /&gt;
Responding to a TOI report published on Thursday, Narasimha said during the arguments on a PIL filed by `Swaraj Abhiyan', he had pointed out to the court that Section 47 of Disaster Management Act had left it to the Union government's discretion whether or not to set up NDMF by using the words “the government may“.&lt;br /&gt;
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“Apart from this, I had also pointed out to the court that National Disaster Re sponse Fund under Section 46 was already constituted and in fact been operated since 2010. During the course of hearing, I had elaborately pointed out the distinction between mandatory provisions and those which are enabling,“ he said.&lt;br /&gt;
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He added that he had also brought to the court's notice the rejection of a proposal to set up NDMF by the 13th Finance Commission, which was of the view that funds were already available to different ministries under the DM Act for mitigation measures connected to a disaster.&lt;br /&gt;
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“Surprisingly , in its judgment on May 11, the court directed constitution of NDMF. Equally erroneously, the judgment directed formation of NDRF, although such a force has already been constituted under Section 44 with the requisite manpower. This fact was brought to the notice of the bench by a senior officer of the disaster management authority who was present in the court,“ Narasimha said.&lt;br /&gt;
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The ASG objected to the TOI report which said that “the bench missed the fact that Section 47 of the DM Act was not yet notified as none of the counsel -neither additional solicitor general P S Narasimha nor advocates appearing for the states -drew the court's attention to this fact“. TOI had reported that the SC had erred by directing constitution of NDMF as Section 47 was nonoperational.&lt;br /&gt;
&lt;br /&gt;
He said attribution of this omission to him was erroneous as he had presented all facts before the court.“For these reasons, I promptly advised filing of a review petition as these findings constitute errors apparent on the face of the record,“ he said.&lt;br /&gt;
&lt;br /&gt;
However, none of the written submissions presented by the Centre to the court during the hearing mentioned the fact that non-notification of Section 47 barred the court from directing the government to constitute NDMF.&lt;br /&gt;
&lt;br /&gt;
=Judges=&lt;br /&gt;
==Advocates who gained straight entry to the SC==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=4-new-SC-judges-2-rarities-05052016001068 ''The Times of India''], May 5, 2016&lt;br /&gt;
&lt;br /&gt;
2016: Senior advocate L Nageshwar Rao joined a super-exclusive club of advocates to gain straight entry to the SC: Kuldip Singh, Santosh Hegde, U ULalit and R F Nariman. Rao was additional solicitor gene ral under both UPA and NDA before resigning in 2015.&lt;br /&gt;
&lt;br /&gt;
==Both father and son as SC judges==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=4-new-SC-judges-2-rarities-05052016001068 ''The Times of India''], May 5, 2016&lt;br /&gt;
&lt;br /&gt;
2016: The collegium headed by the Chief Justice of India recommended appointment to the Supreme Court of Allahabad HC chief justice DhananjayChandrachud. Justice Chandrachud's father Yeshwant was CJI from February 1978 to July 1985. Appointed a judge in Bombay HC at just 40, Chandrachud Junior has nine years of service left and a strong chance of creating history by also becoming CJI. Only once before have both father and son made it to the SC N H Bhagwati and P N Bhagwati, who went on to become CJI.&lt;br /&gt;
&lt;br /&gt;
=Judges' differences with the Chief Justice=&lt;br /&gt;
==2018, Jan: Four SC judges’ press conference==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/shock-sc-judges-press-conference-let-nation-decide-about-cjis-impeachment/articleshow/62471142.cms      Supreme Court judges' press conference: 'Let nation decide about CJI's impeachment' | Jan 12, 2018  | TIMESOFINDIA.COM]&lt;br /&gt;
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[[File: Some brief profiles of Justice Dipak Misra, Justice Chelameswar, Justice Ranjan Gogoi, Justice Kurian Joseph and Justice Madan B Lokur.jpg|Some brief profiles of Justice Dipak Misra, Justice Chelameswar, Justice Ranjan Gogoi, Justice Kurian Joseph and Justice Madan B Lokur &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01417&amp;amp;sk=983FB026&amp;amp;mode=text  January 13, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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[[File: 2018 Jan- WHAT THE JUDGES' LETTER to the CJI SAID.jpg|2018 Jan- WHAT THE JUDGES' LETTER to the CJI SAID;  &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01404&amp;amp;sk=1CD28F5D&amp;amp;mode=text  January 13, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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NEW DELHI: In an unprecedented move, four senior Supreme Court judges today called a press conference to express their displeasure with the Chief Justice of India (CJI) Dipak Mishra and with the way he was assigning cases.&lt;br /&gt;
&lt;br /&gt;
''' Highlights ''' &lt;br /&gt;
&lt;br /&gt;
*The four judges' letter to the CJI [in Nov 2017] airing their grievance about selective assigning of important cases&lt;br /&gt;
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*&amp;quot;The CJI is only the first among equals nothing more and nothing less&amp;quot;, they said&lt;br /&gt;
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*The judges acknowledged that what they were doing - in calling a press conference - was highly unusual&lt;br /&gt;
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The four judges+ ' wrote a letter to the CJI two months ago, airing their grievances about selective assigning of important cases to judges who are junior to them. They also said they have issues with the assignment of the case to do with the mysterious death of Justice BH Loya, who was hearing the Sohrabuddin fake encounter case.&lt;br /&gt;
&lt;br /&gt;
&amp;quot;The convention of recognising that CJI is the master of roster and assigns cases to different benches is for disciplined and efficient transaction of court business and not a recognition of superior authority,&amp;quot; they said in the letter.&lt;br /&gt;
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&amp;quot;The CJI is only the first among equals nothing more and nothing less&amp;quot;, they added.&lt;br /&gt;
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The judges were Justice Chelameswar, Justice Gogoi, Justice Lokur and Justice Kurian Joseph. They said they are speaking out because &amp;quot;democracy will not survive if the judiciary is not impartial&amp;quot;. [These four honourable judges ranked at nos.1, 2, 3 and 4 among  the 24 [[Supreme Court: India: Sitting judges ]], not counting the Hon. Chief Justice of India, who obviously was senior to them all.]&lt;br /&gt;
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The judges said they were annoyed that the medical college admissions scam was sent to court no 7 after a Justice Chelameswar headed bench sent it to a five-judge bench of himself, the CJI and Justices Gogoi, Lokur and Joseph.&lt;br /&gt;
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They also said they wanted to highlight unspecified irregularities in the judiciary and to say that the CJI Mishra isn't doing anything to remedy the situation, despite the letter they wrote him some months ago.&lt;br /&gt;
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When the Justices were asked if the issues were to do with the Collegium as well, they didn't confirm or deny it. When asked if CJI Mishra should be removed, one of them said, &amp;quot;Let the nation decide on his impeachment.&amp;quot;&lt;br /&gt;
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They said they sent the CJI the letter but didn't hear back, and then they met him again this morning, to no avail.&lt;br /&gt;
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&amp;quot;We collectively tried to persuade the CJI that certain things aren't in order so take remedial measures but unfortunately our efforts failed,&amp;quot; said Justice Chelameswar.&lt;br /&gt;
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The four judges said many &amp;quot;undesirable&amp;quot; things have occurred in the judiciary lately.&lt;br /&gt;
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&amp;quot;The administration of the SC is not in order and many things which are less than desirable have happened in last few months,&amp;quot; said Justice Chelameswar.&lt;br /&gt;
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A few minutes before the press conference, the SC said, separately, that the &amp;quot;mysterious death of Justice BH Loya is a serious issue&amp;quot;. They asked the Maharashtra government to present all documents to do with his death to the court on Monday. Justice Loya was hearing the Sohrabuddin fake encounter case and died under mysterious circumstances.&lt;br /&gt;
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The judges also had a grievance that the PIL seeking a probe into Justice Loya's death was assigned to court no. 10 and not to any of the first four benches other than CJI-led bench.&lt;br /&gt;
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The judges acknowledged that what they were doing - in calling a press conference - was highly unusual.&lt;br /&gt;
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=== A look at their career track and antecedents ===&lt;br /&gt;
[https://www.indiatoday.in/magazine/the-big-story/story/20180129-supreme-court-rebel-judges-cji-dipak-mishra-1148761-2018-01-19 Damayanti Datta , Brothers at war “ India Today” 29/1/2018]&lt;br /&gt;
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''' See graphic '''&lt;br /&gt;
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[[File: Brothers at war .jpg| Brothers at war [https://www.indiatoday.in/magazine/the-big-story/story/20180129-supreme-court-rebel-judges-cji-dipak-mishra-1148761-2018-01-19 .&amp;lt;br/&amp;gt; “ India Today”]|frame|500px]]&lt;br /&gt;
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===The events of that day===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F14&amp;amp;entity=Ar00903&amp;amp;sk=C743DE97&amp;amp;mode=text  Dhananjay Mahapatra, Judges’ presser sharpened double-edged swords wielded by activist lawyers, January 14, 2019: ''The Times of India'']&lt;br /&gt;
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It was Friday, January 12, 2018. Fridays in Supreme Court are busy days. But four seniormost judges wound up judicial work in 45 minutes. The SC corridor was agog with rumours about an impending unprecedented press conference by them. Journalists rushed to Justice Jasti Chelameswar’s official residence. History was made. The rumours came true. The judges cornered then CJI Dipak Misra.&lt;br /&gt;
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But Justice Chelameswar donned a worried look, his gaze fixed at the entrance of his residential bungalow. Explaining the worry lines on his forehead, he had said, “If the three johnnies don’t come, I will be in a soup as I had put my neck out.” The three — Justices Ranjan Gogoi, Madan B Lokur and Kurian Joseph — trooped in a little later. Justice Chelameswar sported a smile of relief.&lt;br /&gt;
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We all know what happened later — how an activist lawyer attended the presser, was stopped from asking questions by journalists and was closeted with Justice Chelameswar immediately after the press conference. How a Left leader went to meet Justice Chelameswar, how the presser was used to exert pressure on the then CJI by politician-lawyers to defer adjudication of Ayodhya case and how it became a ground for moving an unprecedented removal motion by Congress against the then CJI in Parliament.&lt;br /&gt;
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The presser further unnerved CJI Misra, who was on the back foot since November 2017 when Justice Chelameswar attempted to snatch the CJI’s power as ‘master of roster’ by setting up a fivejudge bench to hear a petition by ‘forum hunting’ activist-lawyers seeking a probe into the CJI’s alleged role in the medical college admission scam.&lt;br /&gt;
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CJI Misra had to hurriedly set up a five-judge bench to annul Justice Chelameswar’s order and reiterate the CJI’s sole prerogative in assigning a case to a particular bench and determining the number of judges on the bench. The CJI was damned by both the rebel judges and the activist-lawyers for allocating cases of national importance arbitrarily to select benches of “junior” judges perceived to have political leanings.&lt;br /&gt;
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Less than a year later, CJI Ranjan Gogoi notified a five-judge constitution bench to adjudicate the Ayodhya land dispute case. It surprised many as a three-judge bench on September 27 had rejected a demand for its reference to a five-judge bench and ruled that a three-judge bench would decide it.&lt;br /&gt;
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CJI Gogoi explained that he used his plenary powers under Order VI Rule 1 of Supreme Court Rules, 2013, to set up the five-judge bench. On wonders why the same rule was not the saviour for CJI Misra when he set up a five-judge bench for reiteration of the CJI’s prerogative in allocating cases to a bench and its numerical strength. While CJI Mishra was damned, the Muslim parties hailed CJI Gogoi saying “this is how a CJI must act”. If a CJI’s orders are favourable, activist-lawyers waste no time in crowning him as the most independent judge on earth.&lt;br /&gt;
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Allocation of petitions seeking probe into alleged suspicious death of judicial officer B H Loya to a bench headed by Justice Arun Mishra had triggered the January 12 presser. Justice Mishra recused. A&lt;br /&gt;
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three-judge bench led by CJI Misra heard the case and dismissed the petitions. They drew a lot of flak. The activist-lawyers missed no words in the dictionary to berate the then CJI.&lt;br /&gt;
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For any CJI, the SC is a pitch of quicksand prepared by activist-politician lawyers. The moment a judge gets into the post of CJI, these lawyers miss no opportunity to attempt to push him on the back foot to make sure the SC entertains their PILs, genuine as well as tainted, which give them immense clout in social, political and bureaucratic circles.&lt;br /&gt;
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A cornered CJI Misra reacted on expected lines and entertained a huge number of PILs. But CJI Gogoi is not one to be pushed on the back foot. When the CBI vs CBI PIL, followed by another on the Rafale aircraft deal, came up before him, he earned the ire of the same group of lawyers for the manner in which he surgically heard the cases without permitting lengthy arguments. Immediately, they turned against him.&lt;br /&gt;
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Even before the judgments were delivered, the activist-politician lawyers were at their usual work — spreading the word in the corridors and social media that CJI Gogoi would dismiss both petitions and that he was worse than CJI Misra. These lawyers have already started digging into the past to find some link to brand CJI Gogoi as close to the government. Such is the danger for a CJI.&lt;br /&gt;
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After his retirement, Justice Chelameswar had boasted that he had strived for transparency and objectivity in the collegium process for selection of judges to the SC and HCs. When he was part of the collegium, Justice Chelameswar had taken advantage of the then CJI’s proposal to abruptly change an earlier recommendation — a Karnataka HC judge’s transfer to Bombay HC was to be annulled and he was to be sent to Allahabad HC.&lt;br /&gt;
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Justice Chelameswar agreed, but with a quid pro quo — transfer a Kerala HC judge to Andhra Pradesh HC even though he knew that the HC judge, prior to his appointment, had given an affidavit to the SC to never press for his transfer back to AP HC. The CJI had to agree. But the Union government refused to act on this recommendation.&lt;br /&gt;
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The CJI Gogoi-headed collegium has now recommended transfer of that Kerala HC judge to Bombay HC, superseding its earlier recommendation. What is the status of transparency and objectivity, both then and now, which the judges’ press conference had pressed for?&lt;br /&gt;
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In SP Gupta case [1981 (sup) 1 SCC 87], described as the first judges’ case, the SC had said, “Unfortunately, it is the easiest thing to make false, reckless and irresponsible allegations against judges in regard to their honesty and integrity and in recent times, the tendency has grown to make such allegations against judges because they have decided the case in a particular manner, either against a dissatisfied litigant or contrary to the view held by a group or, section of politicians or lawyers or members of public.”&lt;br /&gt;
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How true today after nearly 40 years! When Justice Gogoi took umbrage to the Loya case allocation during the presser, activist-politician lawyers hailed him as the epitome of honesty, integrity, independence and fearlessness. In less than a year, the same lawyers have turned against him merely because he refuses to be cowed down by their tactics and continues to decide cases on merit, with or without meeting their expectations. Such is the life of a CJI, very lonely and unnerving.&lt;br /&gt;
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==The Five main issues that annoyed the Hon Judges==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/senior-sc-judges-press-conference-five-main-issues-that-annoyed-them/articleshow/62472066.cms     Senior SC judges' press conference: Five main issues that annoyed them | Jan 12, 2018|TIMESOFINDIA.COM]&lt;br /&gt;
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The four senior Supreme Court (SC) judges who called an unprecedented press conference today had grievances to do with the assignment of cases and how the Chief Justice of India Dipak Mishra was handling it. Here are the 5 main issues that annoyed them:&lt;br /&gt;
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1) The four senior judges+ believe that all important cases get heard by CJI-led bench and do not get distributed to other senior judges heading benches.&lt;br /&gt;
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2) The four judges also said there have been instances where cases that have far-reaching consequences for the nation and the judiciary were assigned by the Chief Justice selectively - to benches of their preference - and not based on rationality. &amp;quot;This must be guarded against at all costs,&amp;quot; said the 4 senior SC judges.&lt;br /&gt;
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3) Specifically, the Four judges were annoyed that a public interest litigation seeking a probe into Judge B M Loya's &amp;quot;mysterious&amp;quot; death was assigned to court no. 10 and not to any of the first four benches other than the CJI-led bench.&lt;br /&gt;
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4) The judges further had a simmering grievance about the medical college admissions scam being sent to court no 7 after a Justice Chelameswar headed bench sent it to a five-judge bench of himself, the CJI, himself, and Justices Gogoi, Lokur and Joseph. The medical college admissions scam is to do with the role of sitting and retired judges of high courts in enabling private medical colleges admit students to MBBS courses despite the apex court's order to the contrary.&lt;br /&gt;
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5) The four judges also said that it was wrong on part of CJI to head a small bench and deal with the memorandum of procedure when it was earlier heard by a five-judge bench.&lt;br /&gt;
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===They felt the ‘CJI was being remote-controlled’ ===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F03&amp;amp;entity=Ar00127&amp;amp;sk=4F4A6C0F&amp;amp;mode=text  Dhananjay Mahapatra, December 3, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: &amp;quot;Presser was Justice Chelameswar's idea&amp;quot;.jpg|&amp;quot;Presser was Justice Chelameswar's idea&amp;quot; &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F03&amp;amp;entity=Ar00127&amp;amp;sk=4F4A6C0F&amp;amp;mode=text  Dhananjay Mahapatra, December 3, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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'' ‘Judges With Perceived Bias Given Cases’ ''&lt;br /&gt;
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In a stunning claim, retired Supreme Court judge Kurian Joseph said he and three other most senior SC judges held their muchdiscussed press conference on January 12 as they felt that then CJI Dipak Misra was being controlled from outside and was allocating cases to judges with political bias.&lt;br /&gt;
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In an exclusive interview to TOI, Justice Joseph narrated in detail the turbulent times in the apex court, leading to the unprecedented press conference by him with three most senior judges — Justices Jasti Chelameswar, Ranjan Gogoi and Madan B Lokur. Asked what went wrong within four months of Justice Misra taking over as CJI, Justice Joseph said, “There were several instances of external influences on the working of the Supreme Court relating to allocation of cases to benches headed by select judges and appointment of judges to the Supreme Court and high courts.&lt;br /&gt;
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===’Held presser after all attempts failed’===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F03&amp;amp;entity=Ar01104&amp;amp;sk=92F63973&amp;amp;mode=text  Dhananjay Mahapatra, December 3, 2018: ''The Times of India'']&lt;br /&gt;
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“Someone from outside was controlling the CJI (Dipak Misra), that is what we felt. So we met him, asked him, wrote to him to maintain independence and majesty of the Supreme Court. When all attempts failed, we decided to hold a press conference,” former Supreme Court judge Kurian Joseph told TOI in an exclusive interview.&lt;br /&gt;
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Asked to elaborate on the “external influence”, Justice Joseph said, “Starkly perceptible signs of influence with regard to allocation of cases to different benches selectively, to select judges who were perceived to be politically biased.”&lt;br /&gt;
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Asked whether it was a unanimous decision to go for the press conference, he said, “Justice Chelameswar was the initiator of the idea of press conference. But we three agreed with him.”&lt;br /&gt;
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At the headline-hogging Press conference, the rebel judges questioned the functioning of then CJI Misra, including allocation of hearing of a petition seeking probe into the alleged suspicious death of judicial officer B H Loya to a bench headed by Justice Arun Mishra, who later recused from the case after a showdown with Justice Chelameswar at the routine morning meeting of SC judges on January 13.&lt;br /&gt;
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The presser and allegations of the then CJI getting cosy with the establishment were cited as grounds in the motion moved by Congressled opposition parties in the Rajya Sabha seeking Justice Misra’s removal. The notice for the motion was rejected by Rajya Sabha chairman M Venkaiah Naidu for lack of any convincing grounds.&lt;br /&gt;
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Born in a family with modest means, Justice Joseph persevered to rise in his profession, reaching the number three spot in the SC. His father was a clerk in the Kerala high court, where he started his practice in 1979 at the age of 26. He was appointed additional advocate general of Kerala in 1994 and was designated a senior advocate in 1996.&lt;br /&gt;
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“It was a proud moment for me when I took oath as a judge of the Kerala HC in 2000, the HC where my father had worked as a clerk. His meagre income was insufficient to run a large household comprising seven children. I used to go to school barefoot and got my first slippers when I was in Class 7,” he said.&lt;br /&gt;
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A deeply spiritual person, Justice Joseph believes that dispensing justice is a constitutional duty where compassion holds the balance. In his tenure of five years and eight months, he disposed of 8,612 cases and wrote over 1,000 detailed judgments.&lt;br /&gt;
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His prayer before deciding cases would humble the most knowledgeable, “I always had the same prayer on my lips when I heard a case: ‘God, let justice not be denied to a deserving person only because of my lack of knowledge or inadequate preparation on my part. And give me wisdom to discern justice in the case’.” Justice Joseph said he read each and every case file and his law clerks were utilised only for research purposes.&lt;br /&gt;
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==Allahabad HC, Devi Dayal case, 1959: CJ’s right to assign cases==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F22&amp;amp;entity=Ar02105&amp;amp;sk=8E903F63&amp;amp;mode=text  Dhananjay Mahapatra, SC may see transparency, but judiciary will pay price for presser, January 22, 2018: ''The Times of India'']&lt;br /&gt;
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No greater damage can be caused to the administration of justice and to the confidence of people in judicial institutions when judges of the higher courts publicly express lack of faith in the subordinate judges,” the Supreme Court had said more than two decades ago in Braj Kishore Thakur case [1997 (4) SCC 65]. The SC was commenting at the diatribe of an HC judge that a certain trial court judge did not have proper knowledge of law.&lt;br /&gt;
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Imagine the catastrophic damage to people’s faith in judiciary and administration of justice when four seniormost judges of the SC in a coup-like fashion engineered a tweet inviting the media to a certain judge’s residence, slipped out of the SC at noon on a busy Friday and stunned the world by holding a press conference expressing no confidence in the fairness of the Chief Justice of India in assigning sensitive cases of national importance. They alleged that these always went to hand-picked benches headed by junior judges. At the same time, they acknowledge that all judges in the SC were equal, hence no seniorjunior divide.&lt;br /&gt;
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Since 1950, various constitutional courts have frowned at litigants, lawyers and judges attempting to assign cases to a particular judge or bench. The Allahabad HC in Devi Dayal case [AIR 1959 Allahabad 421] had said, “It is only the chief justice who has the right and the power to decide which judge is to sit alone and which cases such judge can decide; further, it is again for the CJ to determine which judges shall constitute a division bench and what work those benches will do... It is for the CJ to allot work to judges and judges can do only such work as is allotted to them.” It went on to say that an order passed by a judge or a bench in a case would not be appropriate if that case had not been assigned to that judge or bench by the chief justice.&lt;br /&gt;
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The Allahabad HC ruling has been the signature tune of higher courts for the last six decades. In Narayan Shamrao Puranik case [AIR 1982 SC 1198], the SC had said, “The chief justice is the master of the roster. He has full power, authority and jurisdiction in the matter of allocation of business of the HC.” The CJ had this power not only as per rules but it “inheres in him in the very nature of things”.&lt;br /&gt;
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A full bench of Madras HC in 1991 in Mayavaram Financial Corporation Ltd had said, “The chief justice has the inherent power to allocate the judicial business of the high court including who of the judges should sit alone and who should constitute the bench of two or more judges. No litigant shall have a right to question jurisdiction of judges or the judge hearing the case. No person can claim as a matter of right that his petition be heard by a single judge or a division bench or a particular judge or a particular division bench. No judge or bench will assume jurisdiction unless the case is allotted to them under the orders of the CJ.”&lt;br /&gt;
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So, is the CJI’s decision to assign petitions on CBI special judge B H Loya’s death to a bench headed by a junior judge the real trigger for the unprecedented press conference? Or, was there more to it than meets the eye? Was the rebellion fuelled by personal ambitions of a certain someone? Or were there lawyerpoliticians who conspired to scuttle the exclusive prerogative of the CJI in assigning cases? Could it also be because the CJI appeared to expedite hearing in a seven year-old appeal in a certain 70-year-old ‘sensitive’ litigation brushing aside feverish and persistent pleas of lawyer-politicians to post it to July 2019? Did certain lawyers act as catalysts for the eruption in the press conference? Why did a lawyer who represents a petitioner in the Loya case attend the press conference and get closeted with the judge at whose house the presser was held? It is hard to lift the veil on the real cause behind the press conference.&lt;br /&gt;
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Sitting atop a pyramidal three-tier justice delivery system, the SC has been serving as the final arbiter of all kinds of disputes — political, social, economic and personal. By the very nature of judicial decisions, most often only one party to the dispute emerges victorious in a litigation. With stakes running high in cases, especially in commercial and public interest litigations which with time have become more and more political interest litigations, the lawyers seek an escape route for their failure in the SC by pushing the blame at ‘bad assigning’ of the case.&lt;br /&gt;
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In the age of free speech, dissent and accusations spread faster than plague on social networks. If one praises a certain judge, he will be branded a stooge and social media will register hundreds of likes from people who have no knowledge either about&lt;br /&gt;
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the person being targeted or the judge. Rumours travel faster than electricity and easily get accepted as ‘fact’ on social media. Take for example, an invitation extended to the media by the NALSA executive chairman, a very senior SC judge, to explain the help it is going to render to lakhs of poor litigants in the hinterland through legal clinics. Despite 24 hours notice, only a few journalists, mostly those who cover the apex court daily, turned up. In contrast, just a tweet went out hinting about the press conference of four senior judges barely half an hour before the event. It attracted swarms of print and electronic media journalists, including eminent ones who seldom cover courts.&lt;br /&gt;
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A seasoned politician would have been surprised by the media response at such short notice.&lt;br /&gt;
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The press conference’s attempt to demolish the unitary command structure of the CJI for assignment of cases appears to herald a coalition era in the SC and possibly would percolate to HCs. In the coalition era on the political front, a government, holding reins of power through a slender majority, was dependent on every single MP. This allowed each MP to have his coterie comprising intellectuals, journalists and activists. Thus, in the coalition era, a lot of people were happy as it served their personal ambitions and interests. In a single party government, there is a drastic reduction in the number of key MPs, which in turn shrinks the population of those thriving on patronage in these three tribes.&lt;br /&gt;
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Is judiciary going to see a similar coalition era after the press conference, when not only judges but lawyers, especially the activists and the brazenly belligerent ones, will have a say in deciding which judge should hear which case? Though the press conference might just be the bitter dose required for ushering in transparency in assigning of cases to benches, it has set a precedent for other judges.&lt;br /&gt;
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They now have the licence to hold a press conference whenever they feel the CJI, an HC CJ or any judge is doing anything wrong, even on a wrong perception.&lt;br /&gt;
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The press conference’s attempt to demolish the unitary command structure of the Chief Justice of India for the assignment of cases appears to herald a coalition era in the apex court and possibly would percolate to the high courts&lt;br /&gt;
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==Retired judges', AG's and lawyers' reactions==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/turmoil-in-supreme-court-top-developments/articleshow/62475813.cms     Turmoil in Supreme Court: Top developments|   Jan 12, 2018 | TIMESOFINDIA.COM]&lt;br /&gt;
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In what could be seen as possible damage control, ''' Attorney General ''' KK Venugopal hinted to ANI that the turmoil could be resolved by [the next day], even as he stressed that the press conference &amp;quot;could have been avoided.&amp;quot;&lt;br /&gt;
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&amp;quot;Today's press conference could have been avoided, but the Supreme Court judges are all statesman with vast experience and knowledge, and I am sure by tomorrow, the entire issue would be &lt;br /&gt;
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Sources in the government told news agency PTI that the conflict was an &amp;quot;internal&amp;quot; matter of the judiciary. This may reflect the ''' government's reluctance to interfere ''' &lt;br /&gt;
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Government sources, however, added that the apex court should settle the issue at the earliest as the faith of the people in the judiciary is at stake&lt;br /&gt;
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[http://www.indpaedia.com/ind/index.php/Supreme_Court:_India#.E2.80.98The_integrity_of_the_institution.E2.80.99    Supreme Court judges' press conference: Other judges' and lawyers' reactions | Jan 12, 2018 | TIMESOFINDIA.COM]&lt;br /&gt;
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Highlights&lt;br /&gt;
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Four senior Supreme Court (SC) judges today called an unprecedented press conference today acknowledged that what they were doing - in speaking to the media - was highly unusual. &amp;quot;This is an extraordinary event and it is with no pleasure we are doing this...We are left with no choice but to address the nation,&amp;quot; said Justice Chelameswar. Here is what other lawyers and some former SC lawyers have to say about that:&lt;br /&gt;
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* PB Sawant, former Supreme Court judge: Judges had to come before media &amp;amp; take this unprecedented step. This means that there is a serious dispute, either with CJI or some internal dispute.&lt;br /&gt;
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* Justice R.S. Sodhi: Issues don't matter. It is their complaint on administrative matter. They are only 4, there are 23 others. 4 get together and show the Chief Justice in a poor light. It is immature and childish behaviour. I think all 4 judges should be impeached, they have no business to sit there and deliver verdicts anymore.&lt;br /&gt;
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*Mukul Mudgal, retired high court judge: There must be some serious reason that they were left with no other option but to hold a press conference. But what connection does Loya have with this? I know nothing about this and I don't want to make comments about any political matter&lt;br /&gt;
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* Indira Jaising, Supreme Court advocate: I think it's a historic Press Conference. It was very well done. I think we, the people of India, have a right to know what is going on within the judiciary and I welcome this.&lt;br /&gt;
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* Salman Khurshid, senior advocate and Congress leader: Deeply sad and pained, also feel a sense of agony that the highest court of the land should come under such severe stress that forces judges to address the media.&lt;br /&gt;
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* Prashant Bhushan, lawyer and politician: It is certainly a very serious development which has cast a huge shadow on the Chief Justice. Somebody had to confront the situation, where CJI is blatantly misusing his powers, hence the unprecedented step (by the 4 judges).&lt;br /&gt;
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*Senior lawyer KTS Tulsi: I am sure they (four judges) have exhausted all other remedies. One could see pain on their faces while they were speaking. The whole matter is with respect to judicial propriety. The question is of natural justice. Whatever is the law for common man, it is applied much more rigorously as far as judges are concerned because they must always be above suspicion&lt;br /&gt;
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* BJP MP Subramanian Swamy: We can't criticize them, they are men of great integrity and have sacrificed a lot of their legal career, where they could've made money as senior counsels. We must respect them. The PM must ensure that the 4 judges and the CJI, in fact, the whole SC come to one opinion and proceed further.&lt;br /&gt;
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(With inputs from agencies)&lt;br /&gt;
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== Lawyer-politicians fanned the flames==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F03%2F05&amp;amp;entity=Ar01100&amp;amp;sk=3A9E7559&amp;amp;mode=text  Dhananjay Mahapatra, Lawyer-politicians ran with hares and hunted with the hounds after Jan 12 presser, March 5, 2018: ''The Times of India'']&lt;br /&gt;
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The unprecedented press conference by four seniormost Supreme Court judges on January 12 shattered the calm exterior of the judiciary. Most of the four wanted to “discharge their debt to the nation” by informing the public about the “anomalous” administrative decisions of the Chief Justice of India.&lt;br /&gt;
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They were naive to assume that their going public would force a course correction in the CJI’s administrative decisions, which included assigning of cases to benches headed by “junior” judges. After watching the unfolding events from close quarters, one is sure they would not have imagined that a simple “debt discharging” press conference would inflict a deep wound on judicial independence, invite political interference and, worse, allow lawyer-politicians to adopt a “run with the hare and hunt with the hounds” strategy to attempt to pressurise the CJI.&lt;br /&gt;
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The four judges candidly said that allocation of petitions seeking a probe into judicial officer B H Loya’s death to a “junior SC judge” was the tripping point.&lt;br /&gt;
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In reality, it was the personal perception about handling of the medical scam case, coupled with a judge’s unflagging ambition to achieve the unattainable, which fuelled the rebellion.&lt;br /&gt;
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Lawyer-politicians seized the opportunity and added two more cases — one, sudden activation of a dormant Ayodhya case on the request of BJP leader Subramanian Swamy and second, reopening of 1984 anti-Sikh riot cases by appointment of a committee headed by former Delhi HC judge S N Dhingra — to target the CJI.&lt;br /&gt;
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On the political front, these lawyer-politicians kept the CJI on tenterhooks by strongly lobbying with their party bosses to initiate a motion for the CJI’s removal. In court, they seamlessly slipped into black robes and smilingly argued before the bench seeking relief in politically sensitive cases.&lt;br /&gt;
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The SC had not experienced the machinations of such lawyer-politicians when it said in C Ravichandran Iyer case [1995 (5) SCC 457], “The judges of higher echelons should not be mere men of clay with all the frailties and foibles, human failings and weak character which may be found in those in other walks of life.&lt;br /&gt;
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They should be men of fighting faith with tough fibre not susceptible to any pressure — economic, political or any sort.”&lt;br /&gt;
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It is easy to say that judges must be of tougher material than lawyers, the community from which they are mostly drawn. But a threat to bring removal motion against a judge as a sinister design to make him cower in fear of ignominy has its effect on a man who also lives within society’s bounds.&lt;br /&gt;
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While lawyer-politicians attempted to reap advantage in important cases having political ramifications by attempting to subdue the CJI, the executive too found the fluid situation a fertile ground to undermine judicial independence. Though mercifully it did not interfere in the internal impasse, it definitely took advantage of lack of unity within the collegium to stall appointment of SC and HC judges.&lt;br /&gt;
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So, what did the press conference achieve? It is doubtful whether the grievance about allocation of cases to “junior” judges has been addressed. But surely, it opened the field for political and executive interference in judiciary? In 1995, two bar associations of Bombay (now Mumbai) passed resolutions demanding resignation of then Chief Justice of Bombay HC A M Bhattacharjee, alleging that an astronomical amount was paid by a foreign publisher to market two books authored by him abroad and that this could influence the CJ’s judicial decisions given the lawyers involved in striking the deal. This issue was brought before the SC by one Ravichandran Iyer. The SC had said that except Parliament dealing with a removal motion, “no other forum or fora or platform is available for discussion of the conduct of a judge in the discharge of his duties as a judge of the SC or HC, much less a bar council or a group of practising advocates. They are prohibited to discuss the conduct of a judge in the discharge of his duties or pass any resolution in that behalf ”.&lt;br /&gt;
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Referring to the “extraordinary complexity of modern litigation”, the SC had in the same judgment said, “The independence of judiciary is not limited only to independence from executive pressure or influence, it is a wider concept which takes within its sweep independence from any other pressure and prejudices. It has many dimensions, viz, fearlessness of other power centres, economic and political, freedom from prejudices acquired and nourished by the class to which the judge belongs.”&lt;br /&gt;
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The SC also talked about judicial individualism. It said every judge in constitutional courts enjoyed individual freedom and peers could not exert pressure to make him act in a charted manner.&lt;br /&gt;
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To buttress this argument, the SC had quoted the dissenting opinion of two US Supreme Court judges in the 1970 case ‘Stephen S Chandler vs Judicial Council of the Tenth Circuit of the US’.&lt;br /&gt;
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The dissenting judgment said, “Once a federal judge is confirmed by the Senate and takes his oath, he is independent of every other judge. He commonly works with other federal judges who are likewise sovereign. But neither one alone nor any number banded together can act as censor and place sanctions on him... Some judges may be displeasing to those who walk in more measured, conservative steps but those idiosyncrasies can be of no possible constitutional concern to other federal judges.” It is time SC and HC judges took stock of the fallout of the presser and put heads together to devise ways and means to ward off political, executive and economic powers ever so eager to exert influence on the judiciary, undermining the cardinality of judicial independence.&lt;br /&gt;
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==Differences first erupted over medical scam PIL==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/simmering-differences-in-supreme-court-had-first-erupted-over-medical-scam-pil/articleshow/62480997.cms  Dhananjay Mahapatra, January 13, 2018: ''The Times of India'']&lt;br /&gt;
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''Simmering differences in Supreme Court had first erupted over medical scam PIL''&lt;br /&gt;
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NEW DELHI: The closing of ranks in the judiciary, witnessed in the National Judicial Appointments Commission (NJAC) case three years ago when the Supreme Court (SC) revived the collegium system for the selection of judges to constitutional courts, lay in tatters on Friday when the simmering discontent among the top five SC judges burst out in the open. &lt;br /&gt;
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'''How cases are allocated in Supreme Court '''&lt;br /&gt;
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The immediate trigger for the unprecedented press conference by the four most senior judges — Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph — may have been CJI Dipak Misra's refusal to accede to their request to delete the PIL seeking a probe into CBI judge B M Loya's death from the list of business before court number 10 but the discontent over not being assigned important cases that get space in newspapers and TV channels was simmering for a long time, even before Misra took over the top post in August last year. &lt;br /&gt;
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Justice Chelameswar had protested against the manner in which the collegium functioned and even kept away from its meetings while deciding to put written comments on file for the selection of judges of the SC and HCs during the tenure of then CJI T S Thakur and continued with his stand during CJI H S Khehar's term. However, he had joined collegium meetings during CJI Misra's term. &lt;br /&gt;
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'''What the rift in SC is about '''&lt;br /&gt;
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The first of the major differences between Justice Chelameswar and CJI Misra surfaced in public when a PIL filed by the Committee for Judicial Accountability and Reforms alleging judges' involvement in a medical scam was mentioned for urgent hearing before a bench headed by Justice Chelameswar in December last year. Justice Chelameswar put it up for hearing the next day. But, as is the practice in the SC, the petition got referred to the CJI as the master of roster and he assigned it to a bench headed by Justice A K Sikri. &lt;br /&gt;
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But before the Justice Sikri-led bench could hear it the next day, another petition by advocate Kamini Jaiswal, which was identical to the one filed by the NGO, was mentioned for hearing before the bench headed by Justice Chelameswar with a prayer for urgent hearing. Justice Chelameswar ordered a hearing on the petition at 12.45pm and passed an order placing the petition before a five-judge bench comprising the CJI and the next four most senior judges. &lt;br /&gt;
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As veiled allegations were made against the CJI, with the petitioner's counsel mentioning the arrest of a former Orissa HC judge by the CBI for allegedly taking a bribe to fix a case relating to a medical college, the petition drew massive attention. The other bench headed by Justice Sikri ordered the matter to be placed before the CJI for hearing before an appropriate bench. &lt;br /&gt;
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With Justice Chelameswar virtually taking over the function of the CJI in assigning the petition to a Constitution bench, the CJI hurriedly convened a seven-judge bench, which, within minutes, got reduced to a five-judge bench, and a decision came swiftly that no judge other than the CJI can assign a petition to a particular bench as the CJI is the master of the roster. It annulled Justice Chelameswar's order and assigned the petition by Jaiswal to a bench of Justices R K Agrawal, Arun Mishra and A M Khanwilkar, who are no. 8, 10 and 17, respectively, in the hierarchy. &lt;br /&gt;
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Privately, the senior judges shared their anguish over the CJI not reposing trust in any of them with important cases. Later, the non-assigning of important cases to them, culminating with the petition on Loya's death, triggered the public outburst.&lt;br /&gt;
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==Trigger: Denial of senior bench for PIL on Judge Loya’s death==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar00312&amp;amp;sk=E2D6984D&amp;amp;mode=text  Dhananjay Mahapatra, Final trigger: Rejection of demand for senior bench to hear PIL on judge death, January 13, 2018: ''The Times of India'']&lt;br /&gt;
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New Delhi: The final trigger for the stunning press conference by the four seniormost judges of the Supreme Court came at 10.15am on Friday — just 15 minutes before commencement of proceedings — when&lt;br /&gt;
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Chief Justice Dipak Misra bluntly turned down their last-minute request to shift a politically sensitive case from a particular apex court bench.&lt;br /&gt;
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The CJI made it clear that he would not break tradition, backed by a recent five-judge bench decision giving him sole discretion to assign cases to benches of his choice.&lt;br /&gt;
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On Thursday, a CJI-led bench had admitted a public interest litigation (PIL) seeking a probe into the death of B H Loya, who as special CBI judge was hearing the case of gangster Sohrabuddin Sheikh’s “fake” encounter.&lt;br /&gt;
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The four judges — all members of the crucial collegium by virtue of being No. 2 to No. 5 in seniority — thought that a matter of importance to the integrity of the judiciary and to the nation should be assigned to a bench headed by a judge who was more senior than Justice Arun Mishra, who is 10th in the pecking order of the 25 Supreme Court judges.&lt;br /&gt;
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With the CJI refusing to heed the demand, the rebellious quartet hurriedly called the media at noon after quickly completing the day’s work.&lt;br /&gt;
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Loya died in Nagpur on December 1, 2014. The CBI court subsequently acquitted BJP president Amit Shah, who was among the accused, along with a few others.&lt;br /&gt;
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Supreme Court sources said Misra’s decision was backed by the November 2017 verdict saying the CJI was “master of the roster” and was free to assign cases to any bench and determine the number and composition of judges on a bench.&lt;br /&gt;
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Disappointed by the rejection of their request, the four judges told CJI Misra that they would act as they deemed fit. All four, heading separate benches from court numbers 2 to 5, finished their day’s work within one-and-ahalf hours and rushed to Justice Chelameswar’s house for a press conference which started at 12.20 pm.&lt;br /&gt;
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The CJI’s office said the chief justice has made it clear that he would not break with tradition giving him sole discretion to assign cases to benches of his choice.&lt;br /&gt;
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'''CJI’s office uses rebels’ quote, asks if all are equal, what is the fight'''&lt;br /&gt;
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Cases have been assigned by ex-CJIs — Justices H L Dattu, T S Thakur, J S Khehar — as per their discretion and the present CJI is not doing anything that is contrary to the tradition backed by the constitution bench ruling, sources in the CJI’s office said.&lt;br /&gt;
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This assertion by the CJI’s office found reflection in the letter written by the four seniormost judges to the CJI two months ago. It had said: “There have been instances where cases having far-reaching consequences for the nation and the institution had been assigned by the Chief Justices of this Court selectively to the benches ‘of their preference’ without any rationale basis for such assignment. This must be guarded against at all costs”.&lt;br /&gt;
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The letter also said: “The convention of recognising the privilege of the CJI to form roster and assign cases to different members/benches of the SC is a convention devised for disciplined and efficient transaction of business of the court but not a recognition of any superior authority, legal or factual of the CJI over his colleagues. It is too well settled in the jurisprudence of this country that the CJI is only the first among equals — nothing more or nothing less.”&lt;br /&gt;
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The CJI’s office used this quote and said if these most senior judges were equal to the so-called junior judges in the court, then “what is the grievance against a case getting listed before judge X or judge Y?”&lt;br /&gt;
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==‘Super sensitive’ cases that went to junior SC judges: 1997-2017==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F15&amp;amp;entity=Ar00302&amp;amp;sk=9A55AF0D&amp;amp;mode=text  Dhananjay Mahapatra, January 15, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: 1997-2017-  15 ‘super sensitive’ cases that went to junior SC judges.jpg|1997-2017-  15 ‘super sensitive’ cases that went to junior SC judges &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F15&amp;amp;entity=Ar00302&amp;amp;sk=9A55AF0D&amp;amp;mode=text  Dhananjay Mahapatra, January 15, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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'''See graphic''':&lt;br /&gt;
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''1997-2017-  15 ‘super sensitive’ cases that went to junior SC judges''&lt;br /&gt;
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[''15 ‘super sensitive’ cases in past 20 years went to junior SC judges'''&lt;br /&gt;
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The dramatic press conference by the four seniormost Supreme Court judges to allege that sensitive and important cases were being assigned to “select benches” headed by junior SC judges in the last few months — a charge intended to target Chief Justice Dipak Misra — appears contrary to the way in which such cases have been allotted in the past 20 years.&lt;br /&gt;
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TOI tracked the most ‘sensitive cases of national importance’ in the last two decades. Of them, at least 15 — including those relating to the Bofors scam, Rajiv Gandhi’s assassination, L K Advani’s trial in the Babri Masjid demolition case, the Sohrabuddin Sheikh fake encounter, Best Bakery and the case that changed how BCCI is run — all have one thing in common. They were assigned by the then CJIs not to any of the four seniormost judges of the SC but to ‘select benches’ headed by junior judges.&lt;br /&gt;
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There is little evidence to suggest that seniority of judges is a criterion for allocation of cases, as was suggested by the quartet of Justices J Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph in their letter to the CJI. The manner in which successive CJIs have assigned cases points to a more random selection of benches.&lt;br /&gt;
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Though the dissenting judges did not mention particular cases, apart from confirming that the case of Judge B H Loya was one, the view that “less senior” benches are not as competent does not seem to have been shared by past CJIs.&lt;br /&gt;
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'''Rajiv murder case was assigned to three junior Supreme Court judges'''&lt;br /&gt;
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Some legal experts have argued that the argument raised by the senior SC judges casts a shadow over the independence of other benches and this requires some supportive evidence. Other opinion has held that there is merit in the charges of ‘bench fixing’ levelled by the senior judges and requires a response by the CJI who has held that the roster is his domain as has been the case in the past. Those who disagree with the rebel judges point out that the suggestion that an effort to discreetly &amp;quot;help&amp;quot; the government in cases that might embarrass it needs to be backed up or could be seen as a means to pressure benches hearing various cases.&lt;br /&gt;
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The first of the important cases tracked by TOI relates to appeals filed in 1998 by Nalini and others challenging their conviction and death sentence in the Rajiv Gandhi assassination case. At that point of time, it was the most high profile case in the country. But the then CJI assigned it to three junior judges — K T Thomas, D P Wadhawa and S S M Qadri who sat in courts much farther than those headed by the fifth seniormost SC judge. No questions were raised over selection.&lt;br /&gt;
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In 1999, the CBI filed a new chargesheet in the Bofors case, making stunning allegations. NRI industrialist brothers Srichand and Gopichand Hinduja were made accused. The trial court refused bail. When they came to the SC seeking bail, the then CJI assigned it to court number 8, headed by junior judge M B Shah. They got bail by putting Rs 15 crore bonds. This was not regarded as 'bench fixing' by the then CJI.&lt;br /&gt;
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Advocate Lily Thomas filed a writ petition in 2005 seeking disqualification of MPs and MLAs upon their conviction and sentence for two or more years. Elected representatives were used to holding on to their memberships in Parliament and assemblies by filing an appeal. This game changing petition was assigned by the then CJI to court number 9, which was headed by Justice A K Patnaik, then a junior judge.&lt;br /&gt;
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The Best Bakery case came to SC in 2004 through a writ petition filed by Zahira Habibullah Sheikh. The Gujarat riots case, which earned the then Gujarat government the tag of 'modern day Nero', was handled by then junior judge Justice Arijit Pasayat sitting in court number 11.&lt;br /&gt;
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Rubabuddin Sheikh, brother of Sohrabuddin who was killed in a fake encounter, filed a writ petition in 2007. The case, which turned out to be politically crucial for Amit Shah and Gujarat police, was assigned to a bench sitting in court number 11 headed by Justice Tarun Chatterjee, one of the junior most SC judges at that time. Orders from the court created trouble for BJP and its leadership in Gujarat and did not attract any comment from activist lawyers about possible 'bench fixing'.&lt;br /&gt;
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In 2009, renowned advocate Ram Jethmalani launched a crusade against black money by filing a petition in the SC. The case, which became an election issue in 2014, was handled by court number 9 and by a bench of then 'junior judges' Justices B Sudershan Reddy and S S Nijjar. A year later in 2010, an NGO led by advocate Prashant Bhushan brought the case relating to alleged irregular allotment of 2G spectrum and the then CJI assigned it to court number 11 of Justices G S Singhvi and A K Ganguly. No one can fault the way they handled the case despite being juniors.&lt;br /&gt;
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The same year, the Delhi HC gave a landmark judgment decriminalising consensual sexual relationship in private between adults of LGBTQ community. The appeal by one Suresh Kumar Kaushal in the SC was assigned by to court number 11where a bench headed by Justice G S Singhvi heard it for the first time.&lt;br /&gt;
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In 2011, the CBI filed an appeal, after much dithering, questioning the Allahabad HC decision to drop conspiracy charge against L K Advani and a host of BJP stalwarts in the Babri masji demolition case. In March 4, 2011, the case was heard in court 8 by a bench of Justices V S Sirpurkar and T S Thakur. The bench changed to Justices H L Dattu and Chandramauli Prasad in court 11, then to court number 9 of Justices M Y Eqbal and Arun Mishra in 2016. It passed on to court number 6 of Justices P C Ghose and R F Nariman which gave judgment on April 19 last year reviving the conspiracy charge.&lt;br /&gt;
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In 2012, four explosive PILs were filed — irregular allotment of coal blocks that came close to singe then PM Manmohan Singh, validity of Aadhaar, validity of 66A of Information Technology Act and an alleged sexual assault case against Rahul Gandhi. The coal scam petition by advocate M L Sharma was assigned to a bench headed by Justice R M Lodha sitting in court number 7.&lt;br /&gt;
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The petition challenging the validity of Aadhaar was the only exception to the general rule as it was assigned to court number 5, headed by Justice B S Chauhan. Still the judges with seniority at two, three and four could harbour a grievance why it was not assigned to them by the CJI.&lt;br /&gt;
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An appeal filed by one Kishore Samrite presented a judgment passed by Allahabad HC, which had dismissed Samrite's petition with a cost of Rs 50 lakh, of which Rs 20 lakh was to be given to Rahul Gandhi. The then CJI assigned this to a bench of Justices V S Sirpurkar and T S Thakur in court number 8 and then changed the bench to Justices B S Chauhan and Swatanter Kumar, which dismissed it with a cost of Rs 5 lakh on Samrite.&lt;br /&gt;
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==Seniority is a sacred principle for judges==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01400&amp;amp;sk=6135F966&amp;amp;mode=text  Dhananjay Mahapatra, January 13, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: The numbering and organisation of the Supreme Court of India’s (upto) twelve counts, and the allotment of work to them.jpg|The numbering and organisation of the Supreme Court of India’s (upto) twelve counts, and the allotment of work to them &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01400&amp;amp;sk=6135F966&amp;amp;mode=text  Dhananjay Mahapatra, January 13, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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New Delhi: Seniority is a sensitive issue for high court judges — being the determinant of their career prospects, be it possible appointment as chief justice of an HC, elevation to the Supreme Court and, for the lucky ones, appointment as Chief Justice of India.&lt;br /&gt;
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Though there have been many instances in the past when HC judges were elevated directly to the SC as judges without becoming chief justices of HCs, the principle of seniority continues to be treated with utmost reverence.&lt;br /&gt;
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A judge in the SC gets seniority from the time he takes oath. If more than one take oath on the same day, the one who is sworn in first becomes the senior among them.&lt;br /&gt;
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In case of Justice Jasti Chelameswar, one of the prime movers in the revolt against CJI Dipak Misra on Friday, it was non-adherence to seniority in elevation to the SC as a judge that robbed him of the chance of becoming the CJI.&lt;br /&gt;
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Justice Chelameswar was appointed as an HC judge on June 23, 1997, which was after the appointment of CJI Misra and his immediate predecessor Justice J S Khehar. Justice Misra was appointed as an HC judge on January 17, 1996 while Justice Khehar was appointed on February 8, 1999. But Justice Chelameswar became chief justice of Gauhati HC on May 3, 2007, much before Justice Khehar (November 29, 2009) and Justice Misra (December 23, 2009).&lt;br /&gt;
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However, Justice Chelameswar’s seniority advantage of more than two years over Justices Khehar and Misra was nullified by the then collegium, which appointed Justice Khehar as an SC judge on September 13, 2011, nearly a month before Justices Misra and Chelameswar took oath on October 10, 2011.&lt;br /&gt;
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Fate again played played a trick with Justice Chelameswar as he took oath after Justice Misra, the latter, thus, becoming senior to him.&lt;br /&gt;
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If seniority had taken its course, Justice Chelameswar would have taken over CJI on January 4, 2017 after the retirement of then CJI T S Thakur; ie, before even Justice Khehar, who was succeeded by Justice Misra on August 28, 2017.&lt;br /&gt;
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With the collegium, along with destiny, deciding otherwise, Justice Chelameswar has never refrained from articulating his gripe about the games played in the collegium as it selects people as judges of the SC and HCs. He had put this angst on record in his dissenting judgment as part of the five-judge bench, which by majority had quashed the NJAC which was meant to end collegium’s monopoly in the appointment of judges of HCs and SC .&lt;br /&gt;
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Quoting former SC judge Ruma Pal Justice Chelameswar had said that the collegium acted like a coterie, and that there was a barter system among member judges.&lt;br /&gt;
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Seniority carries other benefits too, especially the privilege of appointing judges of the SC and HCs. The first three SC judges, including the CJI, get to select persons for appointment as judges of HCs. The privilege of appointing chief justices belongs to the five seniormost judges who comprise the collegium. The CJIheaded body also selects persons from among advocates, HC judges and HC CJs for appointment as SC judges. This earns the top five enormous respect among advocates and HC judges.&lt;br /&gt;
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=Judges’, including CJI’s, inter se seniority, authority=&lt;br /&gt;
==2018: ‘No Senior/ Junior Judges; CJI ‘ first among equals’, s/he alone can assign cases==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F04%2F12&amp;amp;entity=Ar00300&amp;amp;sk=59D30F83&amp;amp;mode=text  Dhananjay Mahapatra, SC: CJI ‘ first among equals’, alone entitled to assign cases, April 12, 2018: ''The Times of India'']&lt;br /&gt;
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''No Senior Or Junior Judges, Top Court Says''&lt;br /&gt;
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The Supreme Court ruled that there was no concept of “senior” or “junior” SC judges as all were equally competent to decide any case allotted to them by the Chief Justice of India, who alone had the power to constitute benches and assign cases.&lt;br /&gt;
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Dismissing a PIL filed by advocate Ashok Pande demanding that the CJI-headed three-judge bench must have the two other most senior judges on it, a bench of CJI Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said it was unimpeachably ruled earlier by a fivejudge bench that the CJI was the master of the roster and had the sole discretion of deciding the composition of benches and assigning cases.&lt;br /&gt;
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At an unprecedented press conference on January 12, four senior judges led by Justice J Chelameswar had specifically complained against the allocation of a petition relating to judicial officer B H Loya’s death to a bench headed by a “junior” judge while questioning the CJI’s alleged arbitrary allocation of important cases to benches headed by “select junior” judges.&lt;br /&gt;
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Writing the unanimous judgment that appeared to be a point-by-point rebuttal to the judges’ grievances aired in the press conference and Justice Chelameswar’s subsequent interaction with the media, Justice Chandrachud said the Chief Justice of India was the first among equals (judges) and had “exclusive prerogative in the allocation of cases and the constitution of benches”. He added, “As a repository of constitutional trust, the CJI is an institution in himself.”&lt;br /&gt;
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'''Chief justices of HCs to decide allocation of cases: SC'''&lt;br /&gt;
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Justice Chandrachud said: “The authority which is conferred upon the CJI, it must be remembered, is vested in a high constitutional functionary. The authority is entrusted to the CJI because such an entrustment of functions is necessary for the efficient transaction of the administrative and judicial work of the SC.”&lt;br /&gt;
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“The entrustment of functions to the CJI as the head of the institution is with the purpose of securing the position of the SC as an independent safeguard for the preservation of personal liberty. There cannot be a presumption of mistrust. The oath of office demands nothing less.”&lt;br /&gt;
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Slamming the petitioner’s attempt to classify Supreme Court judges as “senior” and “junior” according to the date of their taking oath in the apex court, Justice Chandrachud said, “Every judge appointed to the SC is invested with equal duty of adjudicating cases which come to the court and are assigned by the CJI. Seniority in terms of appointment has no bearing on which cases a judge should hear.&lt;br /&gt;
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“To suggest that any judge would be more capable of deciding particular cases or that certain categories of cases should be assigned only to the senior-most among SC judges has no foundation in principle or precedent. To hold otherwise would be to cast reflection on the competence and ability of other judges to deal with all cases assigned by the CJI, notwithstanding the fact that they have fulfilled the qualification mandated by the Constitution for appointment to the office.”&lt;br /&gt;
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Another PIL by senior advocate and former law minister Shanti Bhushan, filed through his advocate-son Prashant Bhushan, which sought assigning of cases to the collegium comprising the CJI and the four most senior judges, is pending with the SC. The three-judge bench said, “The Supreme Court has been authorised under Article 145 to frame Rules of Procedure...the petitioner is not entitled to seek a direction that benches of this court should be constituted in a particular manner.”&lt;br /&gt;
&lt;br /&gt;
Touching on the functioning of high courts headed by chief justices, the SC said, “In deciding upon the allocation of work and the constitution of benches, the chief justices of HCs have to determine the number of benches which need to be assigned a particular subject matter keeping in view the inflow of work and arrears. The CJs are guided by the need to ensure orderly functioning of the court and the expeditious disposal of cases.”&lt;br /&gt;
&lt;br /&gt;
=’Judicial legislation’=&lt;br /&gt;
==Transgressing separation of power between legislature, executive and judiciary?==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=LEGALLY-SPEAKING-Nota-to-quota-SC-had-a-27032017012032  Dhananjay Mahapatra, Nota to quota: SC had a field day in judicial overreach, Mar 27, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
In March 2017, members of Parliament cutting across party lines were agitated by the Su preme Court allegedly transgressing the cardinal separation of power between the legislature, the executive and the judiciary . The MPs accused the SC of “overstepping“ its jurisdiction to get into the law-making domain through its judgments.&lt;br /&gt;
&lt;br /&gt;
They appear to be still riled by the October 2015 judgment of the SC striking down a unanimously passed legislation creating National Judicial Appointments Commission (NJAC) to replace the `opaque' collegium system for selection of judges. What added fuel to the anger was the SC's decision to entertain a PIL questioning life-long pension and freebies to MPs and MLAs.&lt;br /&gt;
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Law minister Ravi Shankar Prasad attempted to assuage the ruffled feathers by declaring, “Parliament to enact, executive to formulate and judiciary to interpret. In this light, if separation of power principle is binding on all, I am sorry to say that it is equally binding on the judiciary .“&lt;br /&gt;
&lt;br /&gt;
Why did the SC transgress the boundary of separation of power and attempt to perform tasks entrusted to the legislature and the executive? Since 1950, the SC has been the sentinel of fundamental rights of citizens, who were many a time ignored by both legislators and the executive. In protecting these precious rights, the SC had to walk the extra mile.&lt;br /&gt;
&lt;br /&gt;
'''Remember Vishaka case?'''&lt;br /&gt;
&lt;br /&gt;
Though the Constitution had guaranteed equal opportunity to men and women, women had been facing sexual harassment at work place for decades, enduring the depraved acts of male superiors in offices. Lawmakers knew this. But they failed to take steps to legislate and protect women from depraved male colleagues.&lt;br /&gt;
&lt;br /&gt;
The SC preferred not to remain silent. It virtually legislated by providing a mechanism for working women to complain against colleagues and bosses if they passed sexist remarks or indulged in sexual harassment. None of the MPs termed this judgment as judicial overreach.&lt;br /&gt;
&lt;br /&gt;
And the Shah Bano case? For decades, divorced Muslim women lived a life in penury as there was no provision in Muslim personal law to fasten liability on husbands to provide for maintenance to wives after talaq. The SC craftily used Section 125 of Criminal Procedure Code to step around the vacuum in Muslim personal law and granted alimony to divorced Muslim women. No one protested against this judgment as judicial overreach. In fact, it was hailed as a secular judgment. In a federal structure like ours governed by the principle of separation of powers, it is difficult for the judiciary , tasked to protect the fundamental rights of poor voiceless citizens, to close the doors of relief saying the boundary of separation of power is too high to scale.&lt;br /&gt;
&lt;br /&gt;
Take for example the Indra Sawhney case. The SC was hailed as the institution that quelled wild protests by students by ruling in favour of the legislation granting reservation to OBCs, which was over and above the existing quota for SCs and STs. However, it also legislated by capping total quota at 50% of government jobs. The legislators did not mind, as the SC ruling had doused the protests.&lt;br /&gt;
&lt;br /&gt;
The SC transgressed the principle of separation of power again in S R Bommai case by severely curtailing the Union government's power under the dreaded Article 356, under which the Centre, till the 1990s, used to topple elected governments in states at will by imposing President's rule. The restrictions on use of Article 356 were termed as an interpretation of the Constitution, even though for an independent analyst it could qualify as legislative exercise by the SC.&lt;br /&gt;
&lt;br /&gt;
On the election front too, the SC has legislated many times. In the Association of Democratic Reforms case, it put in a new law making it mandatory for candidates to declare their educational, wealth and criminal details to enable voters to make an informed choice while pushing the EVM button.&lt;br /&gt;
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It also brought in the concept of NOTA, which gave the voter the option of declaring that none of the contesting candidates was worthy of his vote. In addition, the SC also legislated by declaring that an elected representative, who has been convicted and sentenced in such a manner to earn disqualification, cannot continue as a member of the House concerned by merely filing an appeal against the conviction and sentence in a higher court.&lt;br /&gt;
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No one protested against it as public sentiment, given the abuse of position by some elected representatives, was in favour of the judgment.Parliamentarians have a right to criticise the SC, for it is manned by human beings who are not infallible. But they should always keep in mind what the SC said in S P Gupta case [1982 (2) SCR 365], “...While the administration of justice draws its legal sanction from the Constitution, its credibility rests in the faith of the people. Indispensable to that faith is the independence of the judiciary . An independent and impartial judiciary supplies the reason for the judicial institution, it also gives character and content to the constitutional milieu.“&lt;br /&gt;
&lt;br /&gt;
Rational criticism, and not motivated angst, always strengthens an institution. And we all know and believe that wise parliamentarians would always mean well to criticise the SC in such a manner so as to strengthen its independence to enable it to dispense justice without fear and favour.&lt;br /&gt;
==Judicial overreach and co-governing India==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Q-A-Court-appears-to-be-engaging-in-08052017014033 May 08 2017 : The Times of India (Delhi)  Court appears to be engaging in unrestrained judicial overreach| Justice AP Shah talking to Sanjiv Shankaran | The Times of India]&lt;br /&gt;
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&lt;br /&gt;
Q &amp;amp; A - `Court appears to be engaging in unrestrained judicial overreach ... uncertainty around policy because of SC interventions'&lt;br /&gt;
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'' Some recent Supreme Court judgments, which have had a significant impact on policy issues, have triggered a debate on its powers. '' ''' AP Shah, former chief justice of Delhi high court ''' '' and former law commission chairman, spoke to ''' Sanjiv Shankaran ''' on the issue and the apex court's fundamental role: '' &lt;br /&gt;
&lt;br /&gt;
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''' Is SC's role in co-governing India consistent with Constitution's spirit? ''' &lt;br /&gt;
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In the 1980s, after the Emergency, judiciary transformed itself into an institution that was enjoined to promote the ideals of socio-economic and political justice.&lt;br /&gt;
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Judiciary developed public interest litigation, or PILs, as a jurisdiction to transform constitutional promises into reality , and open the doors to those groups of people who were not free to approach the courts due to socio-economic factors. The idea was to make human rights meaningful for weaker sections of society. Then it gradually recognised rights of undertrials, juveniles, right to privacy, right to speedy trials and so on. It also covered areas like environment. This is how the idea of PILs began and started expanding. Article 21 was expanded as well, recognising right to education, work, shelter and so on. It was undeniably a glorious chapter in history of Indian judiciary .&lt;br /&gt;
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Lately , however, the court has taken on a role of co-governance. Indeed, I fear that it has become the norm almost. The court, through its decisions, is virtually overriding the constitutional concept of separation of powers. There are judicial diktats on every other subject, many of which are rank populist decisions, for example, the decision in the BCCI matter, where the court is practically running the cricket board on a day to day basis. Besides this, the court also entertains completely frivolous matters like the national anthem case, or the one on Sikh jokes.&lt;br /&gt;
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In sum, the court appears to be engaging in unrestrained judicial overreach, mostly by recourse to Article 142, and issuing judicial diktats.&lt;br /&gt;
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Populist approach would destroy the idea of PIL as envisaged originally decades ago. SC is trying to govern the country, and trying to correct every ill that exists.But this is neither within the powers of the court, nor does it have the capacity to do so. The priority must be protection of human rights and fundamental rights.&lt;br /&gt;
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''' Does the recent record suggest that evidentiary basis for judgments is satisfactory , particularly if the outcome has a significant fallout? ''' &lt;br /&gt;
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The alcohol ban is a case in point where the court's decision has had catastrophic financial consequences. In effect, the court drastically altered the central government's policy without realising the implications. I believe this is in the range of anything between Rs 50,000-75,000 crore, and has led to the loss of a million jobs.&lt;br /&gt;
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SC has missed the target on this one.&lt;br /&gt;
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There should have been decisive steps taken against drunken driving. The decision may be well intentioned, but it has effectively gone against the thriving hospitality industry.&lt;br /&gt;
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As a result, there is also a lot of uncertainty around policy , because of the interventions of SC. Such decisions have serious financial repercussions, which, I fear, the court is not equipped to understand.&lt;br /&gt;
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''' Taking a look at Aadhaar case, is SC's scheduling of hearings contributing in a round about way to a roll-out of policy? ''' &lt;br /&gt;
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There are very serious issues involved in the petition before SC, including whether the Aadhaar Act could have been passed as a money bill.&lt;br /&gt;
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It is useful to recap what happened.The case came before a three-judge bench in August 2015. The court granted interim relief restricting the use of Aadhaar to two schemes on a voluntary basis. When it went to a five-judge bench in October 2015, the two schemes were expanded to six schemes. On both occasions, the court said it was an important issue and should be heard expeditiously.&lt;br /&gt;
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In spite of that observation, the matter is not being given priority. In the meantime, the central government started issuing notification upon notification making Aadhaar mandatory for various purposes, in disregard of the interim order. Surprisingly, the Chief Justice of India has made an observation that the non-mandatory nature of Aadhaar extends only to social welfare and benefit schemes, and that it did not apply to other things like verification of income tax returns or registration of mobile numbers. This is completely at odds with the interim order passed by the constitution bench.&lt;br /&gt;
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Somewhere, priorities are getting lost, and the court is wasting its time in trying to address policy issues, which are clearly not in its domain. This becomes all the more critical when we realise that pendency in SC has crossed 60,000 cases.&lt;br /&gt;
== CBI probes: House panel slams SC, HCs for monitoring them==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=House-panel-slams-SC-HCs-for-monitoring-CBI-09122015013031 ''The Times of India''], Dec 09 2015&lt;br /&gt;
&lt;br /&gt;
Neeraj Chauhan&lt;br /&gt;
&lt;br /&gt;
'''House panel slams SC, HCs for monitoring CBI probes'''&lt;br /&gt;
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''Courts Are Overstepping Their Brief''&lt;br /&gt;
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In a significant remark on the judiciary's intervention in CBI investigations, a parliamentary committee has stated that the Supreme Court and high courts have started performing the functions of the lowest rung of criminal justice system, taking over the role of a magistrate.&lt;br /&gt;
Asserting that superior courts are working beyond their powers, the parliamentary standing committee on personnel, public grievances, law and justice said, “The superior courts which are courts of appeal under Sec tion 374 of the Code of Criminal Procedure (1973) are even directing CBI in a number of cases to report day-to-day progress in a sealed cover bypassing sections 172 and 173 of the CrPC and performing functions envisaged under the criminal justice system of the country for the lowest rung of criminal courts and also appreciating the evidence which under section 173 of CrPC is required to be done by the magistrate.“&lt;br /&gt;
&lt;br /&gt;
The panel's observations come at a time when most of the big-ticket CBI cases, including 2G spectrum allocation scam, coal block allocation scam, Vyapam scam, Virbhadra Singh corruption probe and ponzi schemes like Saradha, are being either monitored or regularly heard by the Supreme Court and several high courts. In fact, in the 2G and coal scams, the Supreme Court restricted all other courts to entertain any application against orders passed by the trial court.&lt;br /&gt;
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The committee said, “...various high courts and Supreme Court are frequently issuing directions to the CBI to handle cases relating to Prevention of Corruption Act, 1988, as also of `public order'. As a result, the jurisdiction and powers of the CBI have widened and deepened and have far exceeded than what was contemplated under the Delhi Special Police Act, 1946.“&lt;br /&gt;
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The committee, headed by E M Sudarsana Natchiappan, points to “judicial activism of higher judiciary by taking pains of overseeing an investigation and passing interim directions to the CBI and even preempting the rights and remedies available to affected persons under criminal justice system. It may , therefore, appear to affected persons as a pre-emptive and colourable exercise of power by the superior courts“.&lt;br /&gt;
&lt;br /&gt;
=Key rulings, year-wise=&lt;br /&gt;
==2015==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=NJAC-poll-eligibility-Jat-quota-key-2015-rulings-01012016012012 ''The Times of India''] Jan 01 2016&lt;br /&gt;
&lt;br /&gt;
Amit Anand Choudhary&lt;br /&gt;
&lt;br /&gt;
''' Women's Rights Too Hogged Limelight In SC '''&lt;br /&gt;
&lt;br /&gt;
In the year gone by , the Supreme Court constitutionally spurned the historic offer from Parliament to throw light on one of its darkest alleys -the road to appoint judges. Parliament enacted National Judicial Appointments Commission (NJAC) to bring in transparency in the process of appointment of judges in the apex court and high courts. But, the SC strangely put its vote on the opaque collegium system of judges selecting judges.&lt;br /&gt;
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The overwhelming public support for NJAC -the unanimous decision of Parliament and its ratification by 20 states -could not persuade the SC, which said independence of judiciary could be in danger if the Executive, the largest litigant, participated in selection of judges. But, the court was quite alive to the concerns of the public when it came to deciding the validity of Section 66A of Information Technology Act.&lt;br /&gt;
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It had no reservation in scrapping the law saying it impeded the citizens' right to freedom of speech and expression.&lt;br /&gt;
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The SC also saw through the politics behind the UPA 's decision ahead of the 2014 general elections to grant OBC status to Jats, seen as a prosperous community . The NDA too attempted to woo the Jats by defending the UPA decision. But, the SC minced no words and called the decision to give quota to Jats in jobs and admissions to educational institutions a `negative and retrograde' step.&lt;br /&gt;
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Irrespective of the political party in power, there has always been a tendency to project their top leaders in government advertisements with taxpayers' money . The SC put an end to it by ruling that no politician's face, except that of President and the Prime Minister, can be put in government advertisements.The chief ministers were the worst hit by this decision and many states have approached the SC to permit the photos of CMs to be displayed in government advertisements.&lt;br /&gt;
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One may not need any educational qualification to become an MP or MLA. But in a significant decision, the SC upheld the Haryana government's law laying down educational criteria for panchayat polls.&lt;br /&gt;
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The SC virtually brought down the curtains on the long political career of former Haryana CM Om Prakash Chautala by upholding his conviction and 10-year jail term in teachers' recruitment scam case. N Srinivasan, who was at the helm of BCCI was bowled out by the SC which condemned him for failing to maintain purity of the `gentleman's game' by blinking at the maladies like betting and spot-fixing.&lt;br /&gt;
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The court saw a midnight drama just before the scheduled hanging of Yakub Abdul Razak Memon, the lone condemned prisoner in 1993 serial blasts case of Mumbai. Despite repeatedly rejecting his plea for life sentence, the SC did not hesitate to hear his advocates again when they knocked at its doors in a last gasp attempt.&lt;br /&gt;
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The court passed a series of orders in 2015 to reinforce the rights of women who are despised by society for living an unconventional life.In a path-breaking verdict, it ruled that an unwed mother must be recognised as a legal guardian of her child and she cannot be forced to reveal the name of the father or seek his consent to get guardianship of the child.&lt;br /&gt;
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It also held that an unmarried couple, living together as husband and wife, would be presumed to be legally married and the woman would be eligible to inherit the property after the death of her partner. It also held that a woman was entitled to maintenance from her live-in partner.&lt;br /&gt;
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The court also expressed concern over women being used as surrogate mothers by foreigners and directed the government to ban commercial surrogacy . This prompted the Centre to roll back its 2013 decision allowing import of human embryos for artificial reproduction.&lt;br /&gt;
==2016: Important judgements==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=From-homebuyers-to-beard-growers-cricket-czars-to-30122016017022  AmitAnand Choudhary: SC rulings in some important judgements, Dec 30, 2016: The Times of India]&lt;br /&gt;
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Cloaked constitutionally to do complete justice, the Supreme Court in 2016 played referee in a variety of matches relating to legality of decisions in areas as diverse as politics, cricket, finance and religious practice.&lt;br /&gt;
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In the political arena, it red carded the Arunachal Pradesh governor for dismissing a Congress government led by Nabam Tuki and ordered its resurrection.&lt;br /&gt;
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But Congress failed to reap benefits of this landmark decision. Tuki could not reclaim the chief minister's chair. It went to Pema Khandu. Later, Congress legislators under Khandu stormed out of the grand old party to from a new outfit.&lt;br /&gt;
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Dealing a double blow to the NDA government, the SC also quashed the Centre's decision to dismiss the Congress government in Uttarakhand and impose central rule. The SC restored the Congress government led by Harish Rawat, who had better luck than Tuki.&lt;br /&gt;
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In cricket, the apex court continued its role as a tough umpire and imposed stringent field restrictions for the management to force them to implement its July 18 verdict to bring transparency and accountability in cricket administration.&lt;br /&gt;
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The Decision Review System (DRS) did not help.The SC dismissed the BCCI's two petitions seeking review of the reforms judgment, sending a clear signal to the board to fall in line.&lt;br /&gt;
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New Year could herald more problems as the SC will decide whether to appoint an administrator for BCCI in the first week of January .Not only this, the SC's decision in the contempt of court petition against BCCI president Anurag Thakur will also set a new milestone.&lt;br /&gt;
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The reforms judgment was based on a report by a committee headed by former CJI R M Lodha and com prising former SC judges Ashok Bhan and R V Raveendran. The court accepted each and every suggestion of the committee for infusing transparency and objectivity in the administration and finances of the board.&lt;br /&gt;
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In the financial sphere, Prime Minister Narendra Modi's big-ticket decision to rid the country of black money through demonetisation came under the SC scanner through scores of PILs. The court attempted to regulate government action to provide succour to common people facing harassment because of currency crunch.&lt;br /&gt;
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Though the SC took note of the hardship faced by common people because of demonetisation, it referred to a five-judge bench to determine the constitutional validity and procedural reasonableness of the policy decision.&lt;br /&gt;
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Public interest figured high on the SC's list of business in 2016, when it passed a slew of directions to reduce pollution. Its interference also forced the Haji Ali dargah management to allow women to enter its inner sanctum, which had remained closed for them since 2012. The court is also dealing with petitions to open the doors of Sabarimala temple in Kerala to women irrespective of their age. At present, women in the menstruating age are barred from entering the temple because of the deity's celibacy.&lt;br /&gt;
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But 2016 will go down in history as one of those years when the relationship between the judiciary and the executive touched the nadir.CJI TS Thakur slammed the government for sitting over recommendations for appointment of judges to high courts, which fought a monstrous pendency of cases with their backs to the wall as 43% of judges' posts remain vacant.&lt;br /&gt;
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The government hit back saying the CJI-headed collegium had not been finalising the memorandum of procedure for appointment of judges, which was ordered to be re-framed by a fivejudge SC bench.&lt;br /&gt;
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Without the new MoP, it would be improper to continue appointment of judges as per the `opaque' system followed by the collegium, the government said and reminded the CJI about the `laxman rekha'. Despite the CJI's criticism, the law minister claimed that the Centre had appointed a record 126 judges to HCs in 2016.&lt;br /&gt;
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After putting cricket czars in a fix with the bitter dose of reforms, ex-CJI R M Lodha was called upon by the SC to suggest reforms in administration of medical education in the country by scrutinising alleged mismanagement in Medical Council of India. The SC also asked Justice Lodha to supervise the sale of assets of Pearl group and refund Rs 49,000 crore to public who had invested in the firm's illegal collective investment scheme (CIS).&lt;br /&gt;
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It held that people from the Muslim community could not be allowed to grow beard after joining IAF, saying that discipline, uniformity and cohesiveness in armed forces was too important to be sacrificed for religious belief of its personnel who want to follow the practice which was against rules of a defence force.&lt;br /&gt;
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The year also kept the SC busy in exploring ways to tackle the pollution crisis in the national capital. It passed a slew of directions including restricting entry of trucks into Delhi and imposing 1% environment cess on diesel SUVs and high-end private cars with engine capacity of 2000cc and above.&lt;br /&gt;
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The court came to the rescue of several home buyers, harassed by real estate developers not handing over possession of flats on time.The court made it clear to developers that they would have to deliver as per their promise irrespective of whether they “sink or die“.&lt;br /&gt;
&lt;br /&gt;
==2017==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F01&amp;amp;entity=Ar01217&amp;amp;sk=4E1495DC&amp;amp;mode=text  Dhananjay Mahapatra, SC rulings settled national debates in 2017, but it weakened internally, January 1, 2018: ''The Times of India'']&lt;br /&gt;
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Attitude, approach and rectitude of a Chief Justice of India brings in marked changes in the core character of the Supreme Court. In 2017, the SC saw three CJIs. But Justice J S Khehar, followed by Justice Dipak Misra, set the ball rolling by taking up for adjudication constitutional issues that were brushed under the carpet for years.&lt;br /&gt;
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Many constitution benches were set up to deal with pending issues — from validity of Aadhaar which halfway through gave birth to the path-breaking right to privacy as a fundamental right, to tricky issues like misbehaviour of a sitting high court judge.&lt;br /&gt;
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This made the SC appear truly a constitutional court, a role assigned by the Constitution and envisaged by the framers of the Constitution. The SC, sitting at the top of the three-tier judiciary, had for the last two decades got mired in too many PILs, giving fodder to politicians to slam the judiciary for encroaching into the executive’s domain.&lt;br /&gt;
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In the 2017 balance sheet, the SC had many positives. To overcome an eight-judge bench decision negating the fundamental nature of right to privacy more than 50 years ago, a nine-judge bench took up the important issue for scrutiny keeping in mind citizens’ vulnerability to present day gadget-encouraged intruding tendencies.&lt;br /&gt;
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“Right to privacy is an integral part of right to life and personal liberty guaranteed in Article 21 of the Constitution,” the nine-judge bench ruled unanimously while comprehensively rejecting the NDA government’s stand against privacy being conferred the status of fundamental right.&lt;br /&gt;
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The SC shed its traditional nervousness in dealing with issues having religious overtones to set up a multifaith five-judge bench to examine petitions by Muslim women challenging the legality of triple talaq, a tool used by Muslim men to divorce wives instantaneously.&lt;br /&gt;
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The bench ruled that triple talaq was arbitrary and violated right to equality guaranteed under Article 14 because it gave Muslim men unilateral right to terminate marriage without any rapprochement. It was a decisive step towards gender equality, which for centuries was strangulated in the&lt;br /&gt;
&lt;br /&gt;
name of religion. The SC ruled that triple talaq was not sanctioned by the Quran and hence not part of Islamic religious practices.&lt;br /&gt;
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Following the footsteps of the Bombay High Court which threw open the Shani Shingnapur temple to women, the SC helped women gain entry into the sanctum sanctorum of the famous Haji Ali dargah in Mumbai. The SC’s nudge made the Valsad Zoroastrian panchayat permit two Parsi women, forbidden from entering the Tower of Silence because they married outside the community, to enter the premises to perform the last rites of parents.&lt;br /&gt;
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A bench of top seven SC judges, including the CJI, was constituted to deal with open defiance and derogatory comments of sitting Calcutta HC judge Justice C S Karnan.&lt;br /&gt;
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Putting a premium on judicial discipline, decorum and dignity, the bench sentenced Justice Karnan to sixmonth imprisonment holding him guilty of contempt. For the first time in the SC’s 67-year history, a sitting judge was jailed. Though embarrassing, it sent a loud message to everyone, both within and outside judiciary, about non-negotiability of rule of law and judicial dignity.&lt;br /&gt;
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If decisions on right to privacy, triple talaq and Justice Karnan settled raging national debates, the SC’s upholding of a trial court decision to convict and sentence V K Sasikala in a DA case had a tectonic effect on Tamil Nadu politics. Tremors of the verdict continue to smudge the state’s political canvas.&lt;br /&gt;
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Concerned by alarming levels of pollution, the SC on Diwali-eve banned sale of crackers in Delhi and the National Capital Region. But the decision was hardly a deterrent as pollution refuses to go away.&lt;br /&gt;
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The Medical Termination of Pregnancy (MTP) Act permitted a woman to terminate a problematic pregnancy or diseased foetus only up to 20 weeks. When the SC on humanitarian considerations allowed a minor to terminate her over 20-week pregnancy, there was a deluge of similar applications.&lt;br /&gt;
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The SC turned into a window of hope for distressed women with more than 20 week pregnancies to get medical boards’ opinions for safe termination. A pertinent questioned emerged from this exercise — should Parliament amend the law to allow termination of over 20-week pregnancies in exceptional situations?&lt;br /&gt;
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One cannot end the narrative for the year in the SC without mentioning the medical admission scam that saw a retired HC judge arrested and indicated possible involvement of a sitting Allahabad HC judge. The scam threatened to singe the SC itself with spirited advocates insinuating against the incumbent CJI. Rules were thrown to the winds when advocates decided to pursue PILs on the issue before a particular bench, which obliged.&lt;br /&gt;
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The crisis made CJI Misra hurriedly constitute a fivejudge bench which ruled that the CJI was the master of the roster and no other judge could decide when and who would hear a petition. The course correction brought a diminishing trust quotient within the SC into the open.&lt;br /&gt;
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On the administrative side, the CJI instituted an inquiry into complaints against the Allahabad HC judge who had permitted a private medical college, despite complete a ban by the SC, to admit students for the 2017-18 academic year.&lt;br /&gt;
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Alarming level of vacancies in HC judges has remained stagnant at 40% of sanctioned strength. Nine HCs are without chief justices. The SC has six vacancies. 2018 has to be the year of appointments. The CJI-headed collegium must attempt to fill SC vacancies, followed by appointment of CJs to HCs.&lt;br /&gt;
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Two years have passed since a constitution bench ordered framing of memorandum of procedure for appointment of judges. Sadly, the law minister and the collegium have not been able to sort out contentious issues. It is time for wise heads, in the government and the judiciary, to resolve this lingering disagreement, which is impacting speedy justice.&lt;br /&gt;
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=Landmark shifts of stance=&lt;br /&gt;
==Case studies, seven==&lt;br /&gt;
[http://articles.timesofindia.indiatimes.com/2010-01-23/india/28127376_1_ninth-schedule-due-process-shifts The Times of India]&lt;br /&gt;
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''' Case studies: Supreme Court’s landmark shifts ''' &lt;br /&gt;
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The apex court is rightly hailed for its stellar role. But little has been written about its dramatic shifts on a range of key issues. TOI brings you the untold story &lt;br /&gt;
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''' Manoj Mitta ''' &lt;br /&gt;
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Raising a toast for the establishment of the Supreme Court as India turned into a Republic, C K Daphtary, who went on to become the first solicitor general, said in January 1950, “A republic without a pub is a relic!” &lt;br /&gt;
&lt;br /&gt;
Jokes apart, no appraisal of the 60 years of the Indian Republic can ignore the stellar role played by the Supreme Court in maintaining the constitutional scheme of checks and balances. Equally, no appraisal of the Supreme Court can be complete without delving into the vagaries of its rulings, for better or for worse — especially because the shifts in its position have not always been for reasons beyond its control. &lt;br /&gt;
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This somewhat awkward aspect has however received little attention, perhaps because of the reverence reserved for the higher judiciary. Here is an attempt to focus exclusively on the judicial shifts made by the Supreme Court through the 60 years of its existence on a range of key issues. &lt;br /&gt;
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'''Somersault on due process'''&lt;br /&gt;
The first major constitutional issue decided by the Supreme Court came out of the preventive detention of communist leader A K Gopalan, in whose honour the headquarters of CPM is named. The issue was whether somebody’s detention could be justified merely on the ground that it had been carried out “according to the procedure established by law,” as stipulated in Article 21 of the Constitution. Or, would that procedure be valid only if it complied with principles of natural justice such as giving a hearing to the affected person? &lt;br /&gt;
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In the A K Gopalan case of 1950, the Supreme Court, taking a narrow view of Article 21, refused to consider if the procedure established by law suffered from any deficiencies. Fortunately, three decades later, it took a 180 degree turn on this issue in the Maneka Gandhi case of 1978. The provocation was the arbitrary law that had allowed the Janata Party government to take away Maneka’s passport without any remedy. Importing the American concept of due process, the Supreme Court ruled that the procedure established by law for depriving somebody of their life or personal liberty had to be “just, fair and reasonable”. &lt;br /&gt;
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'''Reduction of Parliament’s power to amend the Constitution'''&lt;br /&gt;
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Validity of the very first constitutional amendment was challenged mainly because it had inserted the Ninth Schedule to insulate agrarian laws from being tested in courts. The issue facing the Supreme Court was to determine the extent to which Parliament could go while exercising its amending power under Article 368. This is how SC shifted its position more than once on this crucial issue. &lt;br /&gt;
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First, in the Shankari Prasad case of 1951, it ruled that since no limits had been spelt out in Article 368, the power to amend the Constitution included abridgement of even fundamental rights. &lt;br /&gt;
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Next, in the Golaknath case of 1967, it betrayed second thoughts on trusting Parliament with such unfettered discretion under Article 368. Since Article 13 stipulated that every law enacted by Parliament had to comply with fundamental rights, the Supreme Court read that limitation into constitutional amendments as well. &lt;br /&gt;
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Finally, in the Kesavananda Bharati case of 1973, the SC held that the condition prescribed by Article 13 of complying with fundamental rights applied only to ordinary laws, not constitutional amendments. Taking the middle path, it said the only limitation on Article 368 was that a constitutional amendment could not alter the “basic structure” of the Constitution (such as the sovereignty of the country or its secular character). &lt;br /&gt;
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'''Enlarging the scope of judicial review'''&lt;br /&gt;
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For decades, the most abused provision of the Constitution was the sweeping power conferred on the President — in other words, the Central government — to dismiss a duly elected state government. The validity of actions taken under Article 356 of the Constitution went before the Supreme Court for the first time in 1977 when the then newly elected Janata Party government at the Centre had dismissedCongress governments in states for no reason other than the fact that it wanted to hold early elections. &lt;br /&gt;
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But the Supreme Court, in what is known as the State of Rajasthan case of 1977, declined to intervene, ostensibly to avoid entering the political thicket. The President’s satisfaction that the state concerned could not be carried on in accordance with the provisions of the Constitution was, it said, not subject to judicial review. The apex court however reversed its stand in the S R Bommai case of 1994, where it held that a proclamation under Article 356 could be struck down if it was “found to be mala fide or based on wholly irrelevant or extraneous grounds”. Subjecting the President’s satisfaction to judicial review, the Bommai verdict clarified that the power conferred by Article 356 was a conditional one, not absolute. &lt;br /&gt;
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'''Changing conception of compensation'''&lt;br /&gt;
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Many a legal battle has been fought on the vexed issue of compensation payable to affected parties when a property has been acquired by the government. The question of interpreting the compensation promised by the Constitution arose for the first time in the Bela Banerjee case of 1954 involving a West Bengal law which sought to pay off the owners on the basis of the market value of their land on some distant date in the past. Rejecting the socialistic arguments of the state, SC laid down that the compensation should be “a just equivalent of what the owner has been deprived of”. &lt;br /&gt;
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In a bid to get over the effect of the Bela Banerjee case, the Nehru government amended the Constitution stipulating that no law dealing with the manner in which compensation was to be given “shall be called in question in any court on the ground that the compensation by that law is not adequate”. This in turn triggered a chain of a vacillating judgments and another constitutional amendment on the compensation issue. It culminated in the shift from the categorical “just equivalent” in the Bela Banerjee case to a limp admission in the Kesavandanda Bharati case of 1973 that the amount need not be equivalent, so long as it was “not illusory”. &lt;br /&gt;
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'''Diversity on quotas'''&lt;br /&gt;
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Caste-based reservations in jobs and educational institutions are another contentious issue on which the Supreme Court has had to change its position in keeping with the times. Its initial response was completely adverse. In the Champakam Dorairajan case of 1951, the Supreme Court slammed caste-based reservations as a violation of the Constitutional prohibition of discrimination. It was however forced to take a more accommodative view of social justice once the Nehru government responded with the first constitutional amendment stipulating that the general prohibition of discrimination could not prevent the state from making any special provision for the advancement of SCs, STs and OBCs. &lt;br /&gt;
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Having reconciled to the imperative of quota, the Supreme Court, in the M R Balaji case of 1963, imposed a cap of 50% on the extent of reservations for all the categories taken together, in a bid to ensure that the exception did not exceed the general rule of non-discrimination. Following the Mandal controversy, the Supreme Court, in the Indra Sawhney case of 1993, upheld the introduction of quota for OBCs in Central government jobs subject to the exclusion of the “creamy layer” (candidates whose parents are relatively wealthy or better educated). &lt;br /&gt;
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'''Seasonal change on economic policy'''&lt;br /&gt;
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True to its reputation of giving precedence to individual liberty over socialistic schemes, the Supreme Court, in the Bank Nationalization case of 1970, displayed no inhibition in probing the allegations that the Indira Gandhi’s government’s economic policy was discriminatory and deficient on compensation. As a corollary, it even struck down the nationalisation law. &lt;br /&gt;
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But post-liberalisation, the SC, in the Balco case of 2001, upheld the Vajpayee government’s disinvestment policy by adopting the principle that “in the case of a policy decision on economic matters, the courts should be very circumspect in conducting any inquiry and must be most reluctant to impugn the judgment of the experts.” &lt;br /&gt;
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'''Turning consultation into concurrence'''&lt;br /&gt;
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This shift has earned the Supreme Court the opprobrium of turning the judiciary into a “self-perpetuating oligarchy”. For, all that the Constitution has prescribed in the appointment of judges to the Supreme Court is that the Chief Justice of India “shall always be consulted”.&lt;br /&gt;
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==`Freedom fighters' (false ones) granted pension==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=SC-grants-pension-to-fake-freedom-fighters-02112016010083  Dhananjay Mahapatra,  SC grants pension to `fake freedom fighters', Nov 02 2016 : The Times of India]&lt;br /&gt;
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Strange are the ways of the Supreme Court in dispensing justice. On the one hand, it ordered inquiry into alleged forging of freedom fighter certificates to claim pension and on the other, when the pensions were cancelled, it restored them on humanitarian grounds.&lt;br /&gt;
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In August 2005, the SC had appointed the Justice A B Palkar Commission to examine the case of a large number of people claiming pension as freedom fighters by allegedly forging certificates in Beed district. It had said those falsely claiming to have participated in the freedom struggle should be dealt with sternly as they were “traitors“. It had directed the Palkar panel to complete the inquiry into claims of 354 people for freedom fighter pension and submit a report to the Maharashtra government.The panel had rejected the claims of 298 of 354 people and termed their documents “bogus“.&lt;br /&gt;
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When the state govern ment cancelled their pensions relying on the Palkar commission report, the elderly people moved the Bombay HC and pleaded, “We are all senior citizens. At this ripe age, if we are deprived of pensionary benefits, we will not be in a position to eke out a livelihood.“ Given the SC's stern mandate in 2005 to separate the genuine freedom figh ters from the impersonators, the HC refused to give relief.&lt;br /&gt;
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They made a final dash to the SC and pleaded before a bench of Justices Kurian Joseph and R F Nariman that withdrawal of pensions would mean starvation. The Justice Joseph-headed bench was caught in a situation where being legally correct would mean starvation for the petitioners.&lt;br /&gt;
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What came to the bench's rescue was a 2013 judgment of the apex court which had dealt with similar pleas. It had said, “In our opinion, keeping in view the fact that at this old age, if small benefit that was already granted to them is withdrawn, it may be difficult for them to sustain themselves. In that vi ew of the matter, in the peculiar facts and circumstances of the case, we set aside the order of the Bombay HC.“ However, the court had said pensions would stop with the death of the false freedom fighters.&lt;br /&gt;
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Justices Joseph and Nariman were quick to adopt the same stand. They said, “We find force in the submissions made by the counsel for Maharashtra that in many of these cases, the appellants have actually not participated in any freedom struggle. However, taking note of the only fact that these cases arise out of the same batch of appeals, we feel that it may not be proper to take a different view (than that taken in 2013).“&lt;br /&gt;
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== Medical colleges: Vacant super-specialty seats courses ==&lt;br /&gt;
[[File: Vacant super specialty seats courses in medical colleges.jpg|   ‘A two-judge Supreme Court bench ordered filling up of 553 vacant seats in super-specialty courses in medical colleges just two days after a three-judge bench rejected such a plea’ &amp;lt;br/&amp;gt; From [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=2-judge-bench-does-what-3-judge-SC-17102017001061 '' The Times of India ''] |frame|500px]] &lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=2-judge-bench-does-what-3-judge-SC-17102017001061     Dhananjay Mahapatra | 2-judge bench does what 3-judge SC bench refused | Oct 17 2017 : The Times of India (Delhi)]&lt;br /&gt;
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Eyebrows are being raised about a possible breach in judicial discipline after a two-judge Supreme Court bench ordered filling up of 553 vacant seats in super-specialty courses in medical colleges just two days after a three-judge bench rejected such a plea.&lt;br /&gt;
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On an application filed by Kerala Christian Professional College Management Federation in the pending petition of Dr Himank Goyal, a bench of Justices Adarsh Kumar Goel and U U Lalit directed on October 11: “For the remaining 553 unfilled super-specialty seats lying vacant, the DGHS may hold a mop-up counselling in an endeavour to fill up such seats within a period of 10 days.“ Those offered seats through this mop-up counselling were asked by the bench to join within four days. Just two days before this, on October 9, a PIL by `Education Promotion Society of India' had sought permission from a bench of CJI Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud to fill up vacant superspecialty course seats. The bench dismissed the petition.&lt;br /&gt;
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It could not have passed an order different from its September 22 one when it turned down pleas to extend the deadline for filling vacant seats.&lt;br /&gt;
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On September 22, a bunch of applications by various medical colleges, including the one by Dr Himank Goyal, came up for hearing before the threejudge bench headed by the CJI.&lt;br /&gt;
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The bench said, “There was an echo of concern that seats are going vacant and, therefore, there is necessity ... to extend the date. If we permit ourselves to say so, the concern travels from rational to emotional sphere.“&lt;br /&gt;
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However, Medical Council of India counsel Gaurav Sharma opposed vehemently and said the SC had extended the time till September 14 and if students did not avail of the opportunity , “it would be anathema to the concept of law to grant extension at the behest of institutions or the students“.&lt;br /&gt;
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Sharma said, “Mainte nance of discipline is of transcendental significance in the sphere of admission to medical colleges.“&lt;br /&gt;
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He said granting fur ther extension would usher chaos as stu dents who were not eligible or defaulted would gain admission. The threejudge bench said, “A sense of concern is one thing, but sustenance of discipline and order is another aspect. Weighing both the concepts in a balanced manner, we unhesitatingly come to the conclusion that the prayers made in the applications do not deserve any acceptance and stand rejected.“&lt;br /&gt;
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A fortnight later, an identical request for filling up superspecialty seats in medical colleges was allowed by a twojudge bench, which, in its order, did not refer to the threejudge bench's orders.&lt;br /&gt;
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==Political fallout taken into consideration==&lt;br /&gt;
''' When Supreme Court considered the political fallout of its verdict ''' &lt;br /&gt;
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Dhananjay Mahapatra [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=When-Supreme-Court-considered-the-political-fallout-of-07012015024005 ''The Times of India''] Jan 07 2015&lt;br /&gt;
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The political fallout of a judicial decision has seldom bothered the judiciary, but it appears that in 2012 the Supreme Court delayed the judgment on the CBI's probe into disproportionate assets cases against the Samajwadi Party chief and his sons to await completion of assembly elections.&lt;br /&gt;
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On March 1, 2007, just before the assembly elections, an SC bench headed by Justice A R Lakshmanan had ordered the CBI to probe into alleged disproportionate assets of Mulayam Singh Yadav and his sons on a PIL filed by Vishwanath Chatur-vedi. Justice Lakshmanan retired on March 21, 2007 and was immediately appointed as chair man of the Law Commission.&lt;br /&gt;
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Yadavs filed petitions seeking review of the March 1, 2007 judgment questioning the jurisdiction of the SC to order CBI probe without the consent of the state government on a politically motivated petition.The review petitions were heard by a bench of Justices Altamas Kabir and H L Dattu, which reserved its judgment on February 17, 2011.&lt;br /&gt;
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Internal communication between Justice Kabir and Justice Dattu, accessed by TOI, shows, among other things, the ground for delay in pronouncing the judgment was the possible political fal lout of its decision in this case.&lt;br /&gt;
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In June 2012, Justice Kabir wrote to Justice Dattu: “I deliberately waited till after the UP elections to pronounce the judgment so that the level playing field was not disturbed.“ The UP Assembly elections were held between February 8, 2012 and March 3, 2012. SP swept the polls and Akhilesh Yadav became the chief minister.&lt;br /&gt;
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Just days before the verdict on December 13, 2012, Justice Kabir sent the draft judgment to Justice Dattu for his approval. In the note attached to the draft judgment, Justice Kabir had referred to the CBI's flip-flops in the case and said, “This dual stand in the submissions of the highest investigating agency cannot be appreciated by this court.“&lt;br /&gt;
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Justice Dattu agreed with Justice Kabir, who had by then become the Chief Justice of India, that the CBI stand had been confusing.However, he clarified that “while making submissions (on behalf of the CBI) it has been highlighted that substantial prima-facie elements are there to conduct an investigation“.&lt;br /&gt;
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He also felt that there was no substantial evidence against Dimple Yadav and no further investigation needed to be carried out against her.But Justice Dattu was firm against quashing the entire proceedings regarding disproportionate assets. Justice Dattu wrote back: “As discussed with you, quashing of the entire proceedings regarding disproportionate assets, which is evident on the face of records, will not only be doing injustice but also create a political turbulence. We are directing only CBI probeinvestigation and not holding them guilty . If nothing is found, they are acquitted. But in fitness of things a thorough investigation is needed.“&lt;br /&gt;
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The judgment on the review petitions was pronounced on December 13, 2012. The court held that the CBI probe into alleged disproportionate assets of Mulayam, Akhilesh, and Prateek Yadav as ordered by the SC on March 1, 2007 was justified.&lt;br /&gt;
==Vyapam-Tainted Doctors: Conflict Over their Fate==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=2-judge-SC-bench-teaches-law-to-3-31082016014046  Aug 31 2016 : ''The Times of India'' (Delhi) 2-judge SC bench teaches law to 3-judge bench, Dhananjay Mahapatra]&lt;br /&gt;
﻿&lt;br /&gt;
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A three-judge bench of the Supreme Court headed by Justice J S Khehar on Tuesday got some constitutional and legal lessons from a two-judge bench headed by Justice J Chelameswar.&lt;br /&gt;
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The bench headed by Justice Khehar, who will become Chief Justice of India next year, was tasked with finding a solution to the conflict of opinion in a judgment rendered by the bench of Justices Chelameswar and A M Sapre in a case relating to punishment for those whose MBBS degrees were tainted by the Vyapam scam.&lt;br /&gt;
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Justices Chelameswar and Sapre had found instances of undeserving candidates taking advantage of irregularities in entrance examinations to bag MBBS seats.Justice Chelameswar had said they should be asked to render charitable healthcare for a certain period to retain their MBBS degrees. But Justice Sapre had said these degrees should be cancelled.&lt;br /&gt;
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The bench headed by Justice Khehar had asked whether the matter needed to be heard afresh to resolve the conflict of opinion and sought an answer from Justices Chelameswar and Sapre.&lt;br /&gt;
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The miffed two-judge bench on Tuesday did not read out the judgment and merely signed it, departing from the usual practice where judges read out the operative portion of the verdict.&lt;br /&gt;
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It said, “We completely fail to understand the reference made to Article 145(5) of the Constitution in the July 28, 2016 order (of the three-judge bench).“ Article 145(5) provides that the court should not pronounce a judgment without the concurrence of a majority of the judges on the bench which heard the case. However, it also says this would not prevent a judge from delivering a dissent judgment or opinion. Justices Chelameswar and Sapre said, “We are of the opinion that neither the Constitution of India nor any other law of this country provides an intra-court appeal insofar as the Supreme Court is concerned. A rehearing of the entire matter as apparently suggested by the larger bench, in our opinion, would amount to an intra-court appeal.“&lt;br /&gt;
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As a final message to the three-judge bench which appeared to have a touch of judicial sarcasm, the two-judge bench said, “If the larger bench of this court wishes to create an intra-court appeal, we obviously are powerless to stop it. We can only record our understanding of the law on the question and it is as recorded above.“&lt;br /&gt;
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==3-judge bench overrules 3-judge 2014 land acquisition judgment==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F22&amp;amp;entity=Ar00302&amp;amp;sk=DE4B463A&amp;amp;mode=text  Dhananjay Mahapatra &amp;amp; Amit Anand Choudhary, SC in knots as its 3-judge bench overrules another of same strength, February 22, 2018: ''The Times of India'']&lt;br /&gt;
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The Supreme Court appeared to have tied itself in knots on Wednesday, with a three-judge bench questioning the judicial propriety and discipline of another three-judge bench, which had on February 8 overturned yet another three-judge bench’s 2014 judgment on land acquisition.&lt;br /&gt;
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The subject matter was important as it involved the acquisition of land and payment of compensation to land-owners, mainly farmers. But the two-hour-long proceedings before a bench of Justices Madan B Lokur, Kurian Joseph and Deepak Gupta brought back flashes of the smouldering discontent among the four most senior judges which had erupted in an unprecedented press conference on January 12.&lt;br /&gt;
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''' SC asks HCs not to pass any order on land acquisition ''' &lt;br /&gt;
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What the bench of Justices Lokur, Joseph and Gupta questioned on Wednesday was the judgment by a three-judge bench headed by Justice Arun Mishra terming a 2014 “Pune Municipal Corporation” judgment by a bench of identical strength as “per incurium” (decision rendered without taking care of facts and law). Interestingly, the Pune Municipal Corporation judgment was rendered on January 24, 2014 by a bench of Justices R M Lodha, Lokur and Joseph.&lt;br /&gt;
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The Justice Lokur-headed bench, in an interim order, asked high courts not to pass any order on pending land acquisition issues, thus stalling implementation of the February 8 judgment. It also requested other benches of the apex court to defer hearing on petitions on this issue.&lt;br /&gt;
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Former attorney-general Mukul Rohatgi provided the spark that reignited the “discipline” and “propriety” issue that has hurt unity among SC judges. Rohatgi said propriety demanded that the three-judge bench, if it did not agree with the earlier three-judge bench decision, send the issue for consideration before a larger bench. He said what was worse was that the same bench had been disposing of scores of cases based on the ruling given by it on February 8 in complete disregard of the farmers’ interest.&lt;br /&gt;
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Justice Joseph poured out his “painful concern” and said, “The Supreme Court operates on a system and principle which are holy. If you start tinkering with it, what will happen? Everyone must think about it — both judges and lawyers. We will go one day but the institution must go on forever. There is a method and procedure to be followed. If the Supreme Court has to be one, it has to be made one. To make it one, you need judicial discipline. “The Supreme Court is one and must not speak in 14 voices (indicating that the existing 14 benches must not speak differently on the judicial side). It is not good for the institution.”&lt;br /&gt;
Rohatgi recounted the right to privacy issue and said as attorney-general, he had argued before a five-judge bench that it could not decide the issue as an eight-judge bench had earlier ruled that privacy was not a fundamental right. “Overnight, a nine-judge bench was set up by the CJI which overruled the eight-judge bench decision. That is the procedure and discipline,” he said to rub it in.&lt;br /&gt;
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Senior advocate P S Patwalia, appearing for Haryana, defended the recent ruling of the Justice Arun Mishra-headed bench and said the law’s misuse was stopped by this judgment and Justice Joseph’s views were rather strong. Justice Joseph clarified, “It is not strong views but my painful concern. If one bench of the SC wants to correct an earlier ruling by another bench of identical strength, then there is a process to do it.” Rohatgi chipped in and said if the Pune Municipal Corporation judgment required to be reconsidered, the correct procedure would have been to refer it to a five-judge bench.&lt;br /&gt;
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The Supreme Court operates on a system and principles which are holy. If you start tinkering with it, what will happen?&lt;br /&gt;
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===Referral:  2-Judge Bench Pre-Empts 3-Judge Bench ===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F23&amp;amp;entity=Ar01212&amp;amp;sk=D8CDD9F6&amp;amp;mode=text  Dhananjay Mahapatra &amp;amp; Amit Anand Choudhary, Judicial discipline? It’s complicated, February 23, 2018: ''The Times of India'']&lt;br /&gt;
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''2-Judge Bench Pre-Empts 3-Judge One From Passing Order For Referral''&lt;br /&gt;
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The knotty issue of ‘judicial discipline and propriety’ in contradictory judgments on land acquisition being tossed between two threejudge benches of the Supreme Court got further complicated on Thursday with two two-judge benches referring the matter to Chief Justice of India Dipak Misra for resolution by a larger bench.&lt;br /&gt;
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A threejudge bench headed by Justice Madan B Lokur had taken umbrage to a three-judge bench headed by Justice Arun Mishra on February 8 overruling a 2014 verdict given by another three-judge bench in the ‘Pune Municipal Corporation’ case, terming the earlier judgment as “per incurium”. Both the cases concerned land acquisition.&lt;br /&gt;
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Upon being told by senior advocate Mukul Rohatgi about the February 8 verdict, the bench led by Justice Lokur and comprising Justices Kurian Joseph and Deepak Gupta viewed it as breach of “judicial discipline and propriety”.&lt;br /&gt;
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Justices Lokur and Joseph, two of the four seniormost judges of the SC, were co-authors of the ‘Pune Municipal Corporation’ verdict.&lt;br /&gt;
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In an interim order, the Justice Lokur-headed bench requested other SC benches and high courts not to take up matters related to land acquisition dealt in the two contradictory judgments. It said it would decide the future course of action — whether to refer the matter to a larger bench.&lt;br /&gt;
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On Thursday, a land acquisition case was listed before a bench of Justices Arun Mishra and Amitava Roy and the threejudge bench’s interim order was brought to its notice.&lt;br /&gt;
&lt;br /&gt;
While stating that Wednesday’s interim order was a “sort of moral injunction” on them, Justice Mishra, who headed the three-judge bench that overruled the 2014 judgment, addressed the issue frontally and squarely. “We had taken a definite view that the 2014 judgment was ‘per incurium’ and it was permissible in law to take that view. We had pondered (while writing the February 8 judgment) over the issue — whether the matter required to be referred to a larger bench given the three-judge bench’s 2014 judgment, and then took a conscious decision (to term it ‘per incurium’ and overrule it). Whether it amounts to judicial discipline, or not, is for the larger bench to decide,” he said.&lt;br /&gt;
&lt;br /&gt;
Justices Mishra and Roy referred the matter to the CJI for adjudication by a larger bench, which most probably will be a five-judge bench. By this order, the Justice Mishra-led bench pre-empted the three-judge bench headed by Justice Lokur from passing order for referral to a larger bench.&lt;br /&gt;
&lt;br /&gt;
Justice Mishra said, “We have taken a considered view (in the February 8 judgment). It is over 200 pages. Probably, no one has read it but it (the judgment) has been targeted. First read and then analyse. ‘Judicial discipline’ has become a magic word to target us.”&lt;br /&gt;
&lt;br /&gt;
In another twist to fast-paced events in the SC, another two-judge bench of Justices Adarsh Goel and U U Lalit too rescheduled a land acquisition case on Thursday when it was informed by Rohatgi about Wednesday’s interim order by Justice Lokur’s bench.&lt;br /&gt;
&lt;br /&gt;
The bench ordered, “We are of the view that having with regard to the nature of the issues involved in the matter, the issues need to be resolved by a larger bench at the earliest. These matters may be placed before the appropriate bench on February 23 as per orders of the CJI.”&lt;br /&gt;
&lt;br /&gt;
=Late night hearings and judgements=&lt;br /&gt;
==Till 2015==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=SC-has-answered-two-more-midnight-knocks-31072015018031 ''The Times of India''], Jul 31 2015 &lt;br /&gt;
&lt;br /&gt;
''' SC has answered two more midnight knocks '''&lt;br /&gt;
&lt;br /&gt;
Mumbai serial bomb blasts convict Yakub Memon was not the first one to knock at the Supreme Court's door past midnight.&lt;br /&gt;
&lt;br /&gt;
What made Yakub's petition unprecedented was the one-and-a-half hour long postmidnight hearing that lasted till the crack of dawn. Earlier, the hearings after court hours were mainly held at the residence of the senior judge presiding over the bench.&lt;br /&gt;
&lt;br /&gt;
On April 8, 2013, lawyers of condemned prisoner at Jabalpur Central Jail, Maganlal Barela, who was to be hanged at dawn on April 9 for killing his children, successfully moved the SC close to midnight. Barela averted the gallows, after all preparations were made to hang him, after rejection of his mercy petition by the President. The fax from the SC con veying the stay on Barela's hanging reached jail authorities just five hours before the scheduled hanging.&lt;br /&gt;
&lt;br /&gt;
Similarly , Nithari rape-murder convict Surinder Koli was scheduled to hang on September 9, 2014. At the intervening night of September 8-9, his lawyers, led by Indira Jaising, woke up justices H L Dattu and A R Dave and placed before them Koli's petition seeking re-hearing of his review petition. A three-judge bench later stayed the execution and ordered open court hearing.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==2018, May: swearing-in of Karnataka government==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F05%2F17&amp;amp;entity=Ar00501&amp;amp;sk=677C98EE&amp;amp;mode=text    Naheed Ataullah &amp;amp; Dhananjay Mahapatra, Only the 2nd midnight hearing in SC history, May 17, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The dramatic post-midnight hearing marks only the second time in the judicial history of independent India that such an event has taken place. In the previous instance, a three-judge Supreme Court bench began hearing a petition seeking postponement of Yakub Memon’s execution at 3.24am on July 30, 2015. At 4.46am, Yakub’s final petition was dismissed.&lt;br /&gt;
&lt;br /&gt;
'''NOTE: As we have seen above, the case regarding the swearing-in of the Karnataka government was not the second late-night hearing, but perhaps the fourth.  See [[Karnataka: political history ]]&amp;gt; 2018 '''&lt;br /&gt;
&lt;br /&gt;
=Lawyers’ insinuations =&lt;br /&gt;
==2019: A denigration of the judiciary==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F31&amp;amp;entity=Ar00302&amp;amp;sk=7510F3AA&amp;amp;mode=text  Dhananjay Mahapatra, Insinuations by lawyers make our job hard, says SC, January 31, 2019: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Ringing the alarm bell, the Supreme Court said in a hard-hitting judgment that it was becoming increasingly difficult for judges to render justice in a fair, impartial and fearless manner because of insinuations made by advocates in cases of political importance.&lt;br /&gt;
&lt;br /&gt;
“Whenever any political matter comes to court and is decided, either way, political insinuations are attributed by unscrupulous persons/ advocates. Such acts are nothing but an act of denigrating the judiciary itself and destroys the faith of the common man which he reposes in the judicial system,” a bench of Justices Arun Mishra and Vineet Saran said in its 75-page judgment.&lt;br /&gt;
&lt;br /&gt;
Taking note of the tendency among some advocates to rush to the media from courtrooms, the bench said “hunger for cheap publicity is increasing” and termed it as anathema to the standards of the noble profession. “Statutory rules prohibit advocates from advertising and cater to press/media,” it said, adding it had become common to dish out “distorted versions of court proceedings”.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''JUSTICE DELIVERY'''&lt;br /&gt;
&lt;br /&gt;
''Cases cannot decided by media trial, says apex court''&lt;br /&gt;
&lt;br /&gt;
This had a chilling effect on judges who could not go to the media with their point of view, the bench said. “It is making it more difficult to render justice in a fair, impartial and fearless manner,” the bench said and complained that making public accusations against judges was a tactic adopted by unscrupulous elements to “influence the judgment and even to deny justice with ulterior motives”.&lt;br /&gt;
&lt;br /&gt;
In the last year, apex court judges have faced a lot of insinuations from activist lawyers while dealing with politically sensitive matters — plea of Muslim parties for reference of Ayodhya land dispute to a five-judge bench, petition seeking quashing of UAPA charges against social activists including Sudha Bharadwaj and Gautam Navlakha, plea for SIT probe into judicial officer B H Loya’s alleged suspicious death, PILs for probe into Rafale jet purchase and petitions challenging the Centre’s decision to divest then CBI director Alok Verma of his powers.&lt;br /&gt;
&lt;br /&gt;
“Something has to be done by all concerned to revamp the image of the bar,” the SC said. Writing the judgment for the bench, Justice Mishra said, “It is impermissible to malign&lt;br /&gt;
&lt;br /&gt;
the system itself by attributing political motives and false allegations against the judicial system and its functionaries. Judges who are attacked are not supposed to go to the press or media to ventilate their point of view.”&lt;br /&gt;
&lt;br /&gt;
Taking note of hype created in media by certain advocates in matters of political importance, the SC said, “Cases cannot be decided by media trial... No outside interference is permissible. A lot of sacrifices are made to serve the judiciary for which one cannot regret as it is with a purpose and to serve judiciary is not less than the call of military service.&lt;br /&gt;
&lt;br /&gt;
“For the protection of democratic values and to ensure that rule of law prevails in the country, no one can be permitted to destroy the independence of the system from within or outside... Let each of us ensure our own institution is not jeopardised by the blame game and make an endeavour to improve upon its own functioning and independence.”&lt;br /&gt;
&lt;br /&gt;
The SC was testing the validity of the rule framed by Madras high court empowering it to debar an advocate to control situations which arose in the past, including shouting of slogans, using foul language against judges and vandalism. Though anguished by past conduct of lawyers in the HC, it struck down the rule and said the HC could not usurp disciplinary powers vested in bar councils.&lt;br /&gt;
&lt;br /&gt;
=Political interference=&lt;br /&gt;
==1967-2018==&lt;br /&gt;
Difficulty of being CJI in the shadow of politics over removal&lt;br /&gt;
&lt;br /&gt;
Dhananjay.Mahapatra 02 April 2018 The Times of India &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Renowned lawyer and senior Congress MP Kapil Sibal [in March 2018] accused the NDA government of “continuously assaulting the judiciary” while echoing Justice Jasti Chelameswar’s view that the Centre was “putting collegium recommendations on the back burner if the names are not to its liking”.&lt;br /&gt;
&lt;br /&gt;
Sibal was quoted as saying in a media report, “They have first filled educational institutions with R S S pracharaks. Now, they are trying to infiltrate the judiciary with people having such mindset.”&lt;br /&gt;
&lt;br /&gt;
A few weeks ago, Sibal had retorted to CJI Dipak Misra’s courtroom comment that he must read history by saying he was both a student and teacher of history. Sibal is well versed in the judiciary’s history too, we are sure. Probably, he needs to refresh his memory, especially because he is among the few in Congress strenuously pushing for moving a removal motion against CJI Misra in Parliament.&lt;br /&gt;
&lt;br /&gt;
The January 12 press conference by senior SC judges led by Justice Chelameswar against the CJI had attracted magnetic support from Left leaders friendly to a rebel judge. The Congress, in the process of replacing old warhorses with prime stallions to keep the party chariot competitive for the derby of general elections, decided to cash in on the situation as many important cases, including politically usable Ayodhya and death of judge B H Loya, were being heard by a CJI-led bench.&lt;br /&gt;
&lt;br /&gt;
Some Congress lawyer-MPs saw the opportunity to hit hard with a removal motion as the judiciary was red hot with an internal dissension fuelled by one person’s insatiable desire to wreak vengeance because he could not become CJI. Personal ambitions surely cause disturbances in the normal functioning of a system, be it judiciary or politics. And we surely don’t deny what Justice Chelameswar said in his March 21 letter, quoting Robert H Jackson, that “men are more often bribed by their loyalties and ambitions than by money”.&lt;br /&gt;
&lt;br /&gt;
Attempts are on to get the draft motion signed by 50 Rajya Sabha MPs, the number required for moving it in Parliament. Before we refer to pages of judicial history to understand Sibal’s comment that the NDA government is trying to fill judiciary with “such mindset”, a discussion on the fallout of a removal motion against the CJI will help understand the gravity of the situation.&lt;br /&gt;
&lt;br /&gt;
Today, the Congress with 54 MPs in RS may well be able to bring a removal motion against the CJI, howsoever frivolous or imaginary the charges may be. Tomorrow, the NDA, which too has more than 50 MPs in RS, could cook up some charge to bring a removal motion against the No.2 in the SC. Another party can start a campaign for a removal motion against the third in the SC hierarchy.&lt;br /&gt;
&lt;br /&gt;
Where will it end? Which judge will willingly become CJI in such a dreadful scenario and risk his dignity and reputation? Worse, will this kind of political one-upmanship not force a judge to ensure political support before becoming CJI to counter threats of removal?&lt;br /&gt;
&lt;br /&gt;
Bringing a removal motion against a CJI or a judge based on unverified charges has a numbing effect on the institution and stunts public faith in it. Lawyers become MPs not because they are great politicians. Success in court brings them money and fame, accelerating their rise in political parties. When they attempt to cow down the judiciary by casting a shadow through a phantom removal motion, it is akin to an assault on the very tree that nurtured their growth.&lt;br /&gt;
&lt;br /&gt;
Unlike today’s Congress, led by a youthful president Rahul Gandhi, the party split in 1969 after a bitter war between veterans on one side and the young Turks on the other led by Indira Gandhi. The split reduced her government to a minority, but she continued as PM with support from Left parties. The landmark SC decision in Golaknath case in 1967 curtailing Congress government’s power to amend the Constitution and the political red nose caused by the 1970 Privy Purses judgment forced Indira to call mid-term polls.&lt;br /&gt;
&lt;br /&gt;
A heady 352 seats in Lok Sabha in 1971 strengthened her resolve to infiltrate the SC with “committed judges”. The task was meticulously carried out by law minister H R Gokhale, the Bombay HC judge turned politician; steel and mines minister S Mohan Kumaramangalam, a barrister and earlier a prominent communist leader; and S S Ray, another barrister and a close confidant of Indira.&lt;br /&gt;
&lt;br /&gt;
To overrule an 11-judge bench decision in the Golaknath case, the SC decided to set up a 13-judge bench for Kesavananda Bharati case. Eight SC judges were appointed just before the hearing in Kesavananda case began to ensure most of them found place in the 13-judge bench for a favourable ruling.&lt;br /&gt;
&lt;br /&gt;
Justice P Jaganmohan Reddy in his book ‘We Have Republic’ wrote, “Of these eight, two were said to be Gokhale’s nominees (D G Palekar and Y V Chandrachud of Bombay HC); one of Kumaramangalam (K K Mathew of Kerala); two of Ray (S C Roy and A K Mukherjea) and two from the PM (M H Beg and S N Dwivedi); only one was CJI S M Sikri’s nominee (H R Khanna). One died before the case was heard. Of the seven who heard the case, five upheld the government’s point of view.&lt;br /&gt;
&lt;br /&gt;
A legendary researcher on SC judges, George H Gadbois, wrote, “Seven of the nine Sikri era appointees were members of the Kesavananda bench, and five of these did support what can be considered the government’s wishes. But they were in the minority with A N Ray. Khanna, who cast the deciding vote, and Mukherjea joined the five pre-Sikri era court appointees in the majority.”&lt;br /&gt;
&lt;br /&gt;
The 7-6 majority carved out the basic structure doctrine while fortifying and reinforcing Golaknath judgment much to the chagrin of Indira, whose government wreaked vengeance a day after the Kesavananda judgment was delivered on April 23, 1973, by announcing that A N Ray, fourth senior most SC judge, would be the new CJI to supersede K S Hegde, J M Shelat and A N Grover. The three resigned. The judiciary was to endure many painful wounds inflicted by Congress governments in the succeeding years. We will narrate those some other time. The above example is meant to refresh Sibal’s memory about “assault on judiciary”.&lt;br /&gt;
&lt;br /&gt;
As a celebrated lawyer, Sibal should discharge his debt for the fame he has earned through the judiciary. He has ability, knowledge and craftsmanship to differentiate himself from hawkish politicians, whose feathers resemble those of Gokhale, Kumaramangalam and Ray. The choice is his.&lt;br /&gt;
&lt;br /&gt;
=Preferential listing of star lawyers’ cases=&lt;br /&gt;
==Not done for Ram Jethmalani/ Ansal==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Star-lawyers-may-not-get-to-jump-queue-04032017001044  Dhananjay Mahapatra, Star lawyers may not get to jump queue, March 4, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Star lawyers getting preferential listing of cases of rich and famous clients in the Supreme Court is a trend that could be reversed under the new Chief Justice of India J S Khehar (in pic), as renowned lawyer Ram Jethmalani found out.&lt;br /&gt;
&lt;br /&gt;
In the past, engaging top lawyers to steal a march over others in getting cases listed for early hearing usually worked, with previous CJIs acting in deference to the stature of the lawyers.&lt;br /&gt;
&lt;br /&gt;
Khehar, however, has emphasised procedural equality since taking over. Time and again, he has told lawyers requesting early hea ring that their clients would not be permit ted to jump the queue.&lt;br /&gt;
&lt;br /&gt;
Friday provided more evidence of this when Jethmalani, appearing for Gopal Ansal (convicted in the Uphaar case), requested urgent listing of the tycoon's application seeking reduction of the jail term awarded to him. The court also rejected Ansal's plea for exten sion of his surrender deadline of March 9 to serve the remaining part of his one-year sentence.&lt;br /&gt;
&lt;br /&gt;
Jethmalani had sought urgent listing of Gopal's plea seeking parity in sentence with his elder brother Sushil Ansal, who was let off by the court on February 9 saying the sentence already undergone by him was adequate punishment keeping in view his age and ailments. Jethmalani had said Gopal too was old and suffered age-related ailments and, hence, was entitled to parity in sentence. The CJI had said the application would be listed on Friday if the SC registry found no objection. But the registry did find objections and the matter was not listed on Friday .&lt;br /&gt;
&lt;br /&gt;
Jethmalani complained about it to the CJI on Friday and sought urgent listing and said the court should extend the surrender deadline in the alternative. Justice Khehar firmly told Jethmalani that there was a procedure for everyone to follow. “If the registry has found objections and refused to list the matter, Jethmalani's client can appeal against the registry's order,“ the CJI said and refused to bestow any preferential treatment to the noted lawyer.&lt;br /&gt;
&lt;br /&gt;
=Rape=&lt;br /&gt;
== No liberal approach , mediation or compromise in rape cases : SC ==&lt;br /&gt;
[http://www.dailyexcelsior.com/no-liberal-approach-mediation-or-compromise-in-rape-cases-sc/ Daily Excelsior , No liberal approach , mediation or compromise in rape cases : SC &amp;quot;Daily Excelsior&amp;quot; 2/7/2015]&lt;br /&gt;
&lt;br /&gt;
It would be a “spectacular error” to adopt a soft approach on cases of rape or attempt to rape and there cannot be any compromise or mediation in such cases, the Supreme Court said in a stern message today.&lt;br /&gt;
&lt;br /&gt;
“When a human frame is defiled, the ‘purest treasure’, is lost. Dignity of a woman is a part of her non-perishable and immortal self and no one should ever think of painting it in clay. There cannot be a compromise or settlement as it would be against her honour which matters the most,” a bench headed by Justice Dipak Misra said.&lt;br /&gt;
&lt;br /&gt;
“We would like to clearly state that in a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of.&lt;br /&gt;
&lt;br /&gt;
“These are crimes against the body of a woman which is her own temple. These are offences which suffocate the breath of life and sully the reputation. And reputation, needless to emphasise, is the richest jewel one can conceive of in life. No one would allow (it) to be extinguished,” the bench, which also comprised Justice Prafulla C Pant, said.&lt;br /&gt;
&lt;br /&gt;
The strong remarks came as the apex court criticised a Madhya Pradesh High Court judge who was influenced by the compromise entered into between the accused Madan Lal and the parents of the seven-year-old victim and had set aside the conviction and five-year sentence for the rape. (PTI)&lt;br /&gt;
&lt;br /&gt;
= Religious bias=&lt;br /&gt;
==SC objects to Bombay HC citing religious identity of victim to grant bail to accused==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/violence-in-name-of-religion-cannot-be-justified-supreme-court/articleshow/62934313.cms  Amit Anand Choudhary, Violence in name of religion cannot be justified: Supreme Court, February 15, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''HIGHLIGHTS'''&lt;br /&gt;
&lt;br /&gt;
Judiciary must be fully conscious of the plural composition of the country while adjudicating issues pertaining to rights of various communities: SC&lt;br /&gt;
&lt;br /&gt;
SC bench quashed the order of the Bombay high court granting bail to accused for allegedly killing a Muslim youth in 2014&lt;br /&gt;
&lt;br /&gt;
“The fault of the deceased was only that he belonged to another religion. I consider this factor in favour of the accused ... ,” the Bombay High Court had said in its order while granting bail to three accused belonging to Hindu Rashtra Sena for allegedly killing a Muslim youth in 2014. &lt;br /&gt;
&lt;br /&gt;
Taking exception to the observation made by the high court, the Supreme Court on Thursday said that such remarks were uncalled for and reminded that the judiciary must be fully conscious of the plural composition of the country while adjudicating issues pertaining to rights of various communities. It said that any kind of violence in the name of religion or community could not be justified. &lt;br /&gt;
&lt;br /&gt;
A bench of Justices SA Bobde and L Nageswara Rao quashed the order of the Bombay high court granting bail to the accused saying that there was little discussion on the other relevant factors relating to granting or withholding bail in a murder case. It asked the the high court to reconsider the bail plea of the accused afresh as per law on merit without being influenced by any extraneous reason. &lt;br /&gt;
&lt;br /&gt;
“We have carefully perused the impugned order(s) granting bail and we find that there is little reference to/or discussion on the merits of the bail applications but we are satisfied that the significant reason for release is mainly the one stated above. We find that the aforesaid reason can, on a fair reading, be understood or misunderstood almost as a mitigating circumstance or a kind of a justification for the murder and it is obvious that the fact that the deceased belonged to a certain community cannot be a justification for any assault much less a murder,” the bench said. &lt;br /&gt;
&lt;br /&gt;
“While it may be possible to understand a reference to the community of the parties involved in an assault, it is difficult to understand why it was said that ‘the fault of the deceased was only that he belonged to another religion’ and further ‘I consider this factor in favour of the applicants/accused.’ We have no doubt that a court fully conscious of the plural composition of the country while called upon to deal with rights of various communities, cannot make such observations which may appear to be coloured with a bias for or against a community,” it said. &lt;br /&gt;
&lt;br /&gt;
“It is possible that the learned Judge wanted to rule out a personal motive against the victim, but only emphasize communal hatred. It is also possible that the learned single judge may not have intended to hurt the feelings of any particular community or support the feelings of another community but the words are clearly vulnerable to such criticism. The direction cannot be sustained,” the court said. &lt;br /&gt;
&lt;br /&gt;
The high court had on January 12 last year granted bail to Vijay Gambhire, Ganesh Yadav and Ajay Lalge, accused of murdering 28-year-old Mohsin Shaikh on June 2, 2014 in Pune. As per the prosecution, the trio had attended a meeting of Hindu Rashtra Sena to protest against defiling of a statue of Chhatrapati Shiva-ji Maharaj. The accused armed with hockey sticks and bats roamed the streets on the night of June 2 when they came across Shaikh and thrashed him to death. &lt;br /&gt;
&lt;br /&gt;
Their bail plea was rejected by lower court but the high court granted them relief. &amp;quot;The meeting was held prior to the incident of assault. The accused otherwise had no other motive such as any personal enmity against the innocent deceased Mohsin. The fault of the deceased was only that he belonged to another religion. I consider this factor in favour of the accused. Moreover, the accused do not have criminal record and it appears that in the name of the religion, they were provoked and have committed the murder,” a bench of Justice Mridula Bhatkar had said.&lt;br /&gt;
&lt;br /&gt;
=Remarks by judges during hearings=&lt;br /&gt;
==2018==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F08%2F13&amp;amp;entity=Ar01406&amp;amp;sk=B2A238CC&amp;amp;mode=text  Dhananjay Mahapatra, PILs infecting judiciary with off-the-cuff remark fever, August 13, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Once upon a time, the Supreme Court’s stray caustic remarks during hearing of a PIL or a petition involving an important social or political issue was taken very seriously by the public, the government and the legislature. Media used to headline the comments.&lt;br /&gt;
&lt;br /&gt;
Newspapers and TV channels still headline such caustic remarks, which now fly thick and fast from the SC and HCs on a daily basis. But these have lost their salutary effect.&lt;br /&gt;
&lt;br /&gt;
An SC bench led by Justice Madan B Lokur, infuriated by the frustratingly lackadaisical approach of authorities towards proper garbage disposal, asked why not dump the garbage at Raj Niwas, the official residence of Delhi’s lieutenant governor. One may be tempted to ask, why not Rashtrapati Bhavan, since the President is the head of the country and also lives in Delhi?&lt;br /&gt;
&lt;br /&gt;
Incidents of rape, that too by those who were guardians to hapless girls who had no one to run to, made the Justice Lokur-led bench to remark that “rapes are happening left, right and centre in India”. Are they? Incidents of assault on women are on the rise and do ring alarm bells. But when the SC says rape is rampant, it surely sends a signal to the world to brand India as unsafe for women.&lt;br /&gt;
&lt;br /&gt;
The same bench, while hearing a PIL on extra-judicial killings in Manipur, summoned the director of CBI, which had been entrusted with probing the killings widely perceived to be excesses by armed forces.&lt;br /&gt;
&lt;br /&gt;
To the bench’s question why the accused had not been arrested, the director said once chargesheet was filed, it was for the court to either send them to custody or grant them bail. Noticing that chargesheets had Section 302 IPC charges, the bench remarked that “murderers are allowed to roam free”. The SC bench forgot to use ‘alleged’ before ‘murderers’ to soften its un-required punch.&lt;br /&gt;
&lt;br /&gt;
This had its adverse impact on the armed forces, whose personnel put their lives on the line in disturbed areas to allow the legislature, the executive and the judiciary to function without the fear of ultras. Moreover, it is common knowledge that an accused is presumed innocent till he is pronounced guilty. How would the SC respond if one of the accused in the chargesheet moves an application and asks since the apex court has already termed him a ‘murderer’, would he get justice from the trial court.&lt;br /&gt;
&lt;br /&gt;
The SC has been freely making remarks against the executive and, in a few cases, against the legislature. In contrast, it has been very sensitive towards comments made against judges. It did not spare sitting Calcutta HC judge C S Karnan for making it a habit to launch diatribes against Supreme Court and high court judges and sent him to jail.&lt;br /&gt;
&lt;br /&gt;
When a Rajasthan HC judge made disparaging remarks against the HC chief justice in a judicial proceeding (State of Rajasthan vs Prakash Chand [1998 (1) SCC 1]), the SC came down heavily on him for breach of discipline. It said, “It is unbecoming of a judge of HC to travel out of the confines of the issue before him and to fish out material to unjustifiably malign someone, more particularly when that someone happens to be the one who is the head of the judicial family in the HC. We most strongly deprecate this practice.” Probably, PILs allow judges to take a 360-degree view than limit themselves to the subject matter of the case in hand!&lt;br /&gt;
&lt;br /&gt;
When the SC makes caustic observations, does it spare a thought that it might be hurting those bureaucrats who honestly do their jobs but are not succeeding in achieving desired results given the enormity of problems. When the SC has the licence to make such remarks, would HCs remain far behind?&lt;br /&gt;
&lt;br /&gt;
Recently, the Uttarakhand HC made news by giving the Ganga living entity status. It also ruled that animals had rights equal to that of human beings. Just a few days ago, the HC threatened to turn the oldest tiger reserve, Corbett National Park, into a race track for cars as the government had not evicted forest-dwelling communities and had failed to protect animals.&lt;br /&gt;
&lt;br /&gt;
Given the stinging observations of the SC, no doubt intended to solve problems, attorney general K K Venugopal sounded a caution and told the bench that there should be an impact assessment of orders on PILs at the ground level. He said before passing sweeping orders, the courts must examine impact on employment, investment and morale of the workforce.&lt;br /&gt;
&lt;br /&gt;
Interestingly, the SC nearly three decades ago had made a virtue of judicial restraint. In A M Mathur vs Pramod Kumar Gupta [1990 (2) SCC 533], it had said, “Judicial restraint and discipline are as necessary to the orderly administration of justice as they are to the effectiveness of the army. “This quality in decision making is as much necessary for judges to command respect as to protect the independence of the judiciary. Judicial restraint in this regard might better be called judicial respect, that is, respect by the judiciary.&lt;br /&gt;
&lt;br /&gt;
“Respect to those who come before the court as well to other coordinate branches of the state — the executive and the legislature. There must be mutual respect. When these qualities fail or when litigants and public believe that the judge has failed in these qualities, it will be neither good for the judge not for the judicial process.&lt;br /&gt;
&lt;br /&gt;
“The judges have absolute and unchallengeable control of the court domain. But they cannot misuse their authority by intemperate comments, undignified banter or scathing criticism of counsel, parties or witnesses. We concede that the court has the inherent power to act freely upon its own conviction on any matter coming before it for adjudication, but it is a general principle of the highest importance to the proper administration of justice that derogatory remarks ought not to be made against persons or authorities whose conduct comes into consideration unless it is absolutely necessary for the decision of the case.”&lt;br /&gt;
&lt;br /&gt;
These lines, said 28 years ago, still hold good for judiciary, if it wants to command respect from the public, the executive and the legislature.&lt;br /&gt;
&lt;br /&gt;
=Sealed cover proceedings=&lt;br /&gt;
==Adopted by the SC since 2000==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/sc-has-relied-on-sealed-cover-proceedings-in-several-cases-gujarat-riots-2g-coal-scam-cbi-rafale/articleshow/66801761.cms  Dhananjay Mahapatra, SC has relied on sealed cover proceedings in several cases – Gujarat riots, 2G, coal scam, CBI &amp;amp; Rafale, November 26, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
To prevent further damage to the CBI’s public image, already sullied by incessant mudslinging between CBI director Alok Verma and his deputy Rakesh Asthana, the Supreme Court had resorted to ‘sealed cover proceedings’ while asking all parties to maintain strict confidentiality. &lt;br /&gt;
&lt;br /&gt;
After a bench led by CJI Ranjan Gogoi ordered ‘strict confidentiality’, three CBI officers had filed applications challenging their transfers out of Delhi immediately after the Centre sent both Verma and Asthana on leave. &lt;br /&gt;
&lt;br /&gt;
The last application was by an IPS officer with 18 years experience. He did little justice to his experience as a police officer by relying on ‘unverified’ statement of Hyderabad-based businessman Sathish Babu Sana to make ‘shocking’ allegations against Asthana, the CVC, the NSA, a Union minister, the law secretary and a RAW special secretary. &lt;br /&gt;
&lt;br /&gt;
The real facts behind these ‘shocking’ allegations need to be found out. We also must know what impelled the IPS officer to level these allegations when the SC through ‘sealed cover proceedings’ was scrutinising the CVC report’s which contained “not so complimentary and very uncomplimentary’ remarks against Verma. &lt;br /&gt;
&lt;br /&gt;
But the ‘sealed cover proceedings’ appears to have disturbed some, who are questioning its efficacy. The same people have expressed similar doubts over sealed cover proceedings adopted by the SC in scrutinising the Rafale deal. Since 2000, ‘sealed cover’ proceedings have been adopted by the SC in Gujarat riot cases, the 2G spectrum allocation scam and the coal block allocation scam. &lt;br /&gt;
&lt;br /&gt;
In post-Godhra riots cases, R K Raghavan headed SIT had filed several sealed cover status reports before the SC. As the SC was gunning for the Gujarat government then headed by Narendra Modi, Raghavan was hailed as an independent investigator by social activists and their activist lawyers as media reported the summary of the contents of almost every SIT report. &lt;br /&gt;
&lt;br /&gt;
One SIT report unfortunately talked about an activist peddling exaggerated stories about riot victims as also tutoring witnesses. Reporting of this SIT report caused much discomfort. The activists’ lawyer vociferously and repeatedly pleaded with the SC to initiate contempt proceedings against the reporter for revealing details of the ‘sealed cover’ report. &lt;br /&gt;
&lt;br /&gt;
In arbitrary allocation of 2G spectrum by UPA government in 2008, the SC had routinely scrutinised ‘sealed cover’ CBI probe status reports. No one questioned the efficacy of such proceedings then. &lt;br /&gt;
&lt;br /&gt;
The SC yet again adopted ‘sealed cover’ proceedings to monitor CBI probe into coal block allocations under the UPA regime. The then PM too has been made an accused in the case, though the trial against him has been stayed since 2015 by the SC. &lt;br /&gt;
&lt;br /&gt;
Before the ex-PM was made an accused, the CBI made a startling admission on April 30, 2013 — probe status reports, prior to submission to the SC, were vetted by then law minister and two joint secretary level officers, one in the PMO and the other in the coal ministry. &lt;br /&gt;
&lt;br /&gt;
On May 8, 2013, the SC recorded, “The draft status report was shared with the law minister, law officers and two joint secretary level officers and at their instance some changes were made. Some of the changes made in these draft status reports are significant.” Changes related to CBI’s PE2, which was on alleged irregularities in coal block allocations during 2006-09, when the ex-PM held the coal portfolio. &lt;br /&gt;
&lt;br /&gt;
Those who had subjugated the CBI director, illegally vetted and audaciously made vital changes in the probe status report are now vociferous while shedding crocodile tears for the danger to the CBI’s autonomy. We hope there will be constructive criticism of a decision by the court rather than nitpicking over ‘sealed cover proceedings’. &lt;br /&gt;
&lt;br /&gt;
A majority of politicians and activists behave according to the season and circumstances. Very few rise above the surroundings to work for greater common good. It reminds us of a small story: Once a king dreamt of an owl flapping around his throne. None in the durbar could decipher the dream. The king announced a handsome reward of 10 gold coins. A long distance away, a farmer resting under a tree was day-dreaming of the reward. A bird on the tree told the farmer she would share the dream’s meaning if he agreed to share the reward. Farmer agreed. Bird said betrayal and treachery rules the roost in the kingdom. The farmer told the king what the dream meant. The king found it in sync with intelligence reports. The farmer’s happiness fizzled out as soon as he neared home as the thought of giving the bird five gold coins was gnawing him. He took an alternative road home. &lt;br /&gt;
&lt;br /&gt;
A year later, the king saw another dream. A knife revolving around his throne. He sent for the farmer, who ran straight to the bird, apologised for betraying her the last time, and promised to share the booty this time. The bird said the dream meant violence would erupt in the kingdom. Satisfied with the meaning of the dream, the king gave 20 gold coins to the farmer. The man was sadder this time and working himself into a fury by repeatedly asking – what will a bird do with 10 gold coins? While heading home, he picked up a stone. As he neared the tree and the moment the bird asked for her share, the man aimed the stone at her. The bird flew away. &lt;br /&gt;
&lt;br /&gt;
Next year, the king dreamt of a dove flying around his throne and again sent for the man, who ran to the tree, and profusely apologised for his treacherous and violent actions in the past. In bargain for same promise to share the reward, the bird said this time there is peace in the kingdom and the king could take up welfare works for citizens. A happy king rewarded the farmer with 50 gold coins. The man went straight to the tree, gave all the gold coins to the bird and sought forgiveness. &lt;br /&gt;
&lt;br /&gt;
The bird smiled and said gold coins were of no use to her. But few men can rise above the surroundings and prevailing atmosphere to behave like real men, she said and told the farmer to strive to be a real man who remains uninfluenced by the atmosphere of distrust and conspiracy. Prior to every election, politicians across the political landscape behave alike and trade charges against each other with the sole aim of winning votes. We hope times will change.&lt;br /&gt;
&lt;br /&gt;
= Sentences, concurrent or consecutive?=&lt;br /&gt;
==If for non-payment of fines, then consecutive/ 2018== &lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F09%2F22&amp;amp;entity=Ar01612&amp;amp;sk=5F1190DB&amp;amp;mode=text  Dhananjay Mahapatra, Sentences for non-payment of fine to run consecutively: SC, September 22, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Supreme Court ruled that if a convict fails to pay the fines imposed on him for separate offences, the sentences for default in payment would run consecutively not concurrently.&lt;br /&gt;
&lt;br /&gt;
Five persons, convicted under Maharashtra Control of Organised Crime Act (MCOCA), were fined Rs 5 lakh each under three sections of MCOCA and upon default, they were to undergo imprisonment of three years for each section.&lt;br /&gt;
&lt;br /&gt;
In an appeal before a bench of Justices Abhay Manohar Sapre and Uday Umesh Lalit, senior advocate Colin Gonsalves said the cumulative fine was Rs 15 lakh and upon default, the convicts had to undergo further imprisonment of nine years, even after serving 14 years in jail. Gonsalves pleaded that the default sentences must run concurrently, that is for three years.&lt;br /&gt;
&lt;br /&gt;
Writing the judgment for the bench, Justice Lalit referred to provisions of Criminal Procedure Code and said, “The idea is clear, the default sentence is not to be merged with or allowed to run concurrently with a substantive sentence. Thus, the sentence of imprisonment for nonpayment of fine would be in excess of or in addition to the substantive sentence.”&lt;br /&gt;
&lt;br /&gt;
Explaining why the sentences should run consecutively and not concurrently, he said, “Theoretically, if the default sentences awarded in respect of imposition of fine in connection with two or more offences are to be clubbed or directed to run concurrently, there would not be any occasion for the person so sentenced to deposit the fine in respect of the second or further offences. It would effectively mean imposition of one single or combined sentence of fine. Such an exercise would render the very idea of imposition of fine with a deterrent stipulation while awarding sentence in default of payment of fine to be meaningless.”&lt;br /&gt;
&lt;br /&gt;
Referring to the case at hand, the bench said if default sentences awarded in respect of each of those three counts under MCOCA were directed to run concurrently, the accused may not be inclined to deposit fine for two of the three counts.&lt;br /&gt;
&lt;br /&gt;
=See also=&lt;br /&gt;
[[Supreme Court: India]] (mainly SC's rulings)&lt;br /&gt;
&lt;br /&gt;
[[Supreme Court, India: Administrative issues]]&lt;br /&gt;
&lt;br /&gt;
[[Supreme Court: India: Chief Justices]]&lt;br /&gt;
&lt;br /&gt;
[[Supreme Court: India: Sitting judges]]&lt;br /&gt;
&lt;br /&gt;
[[Judicial appointments, senior: India]] mainly the Collegium debate&lt;br /&gt;
&lt;br /&gt;
[[Judiciary: India (powers, functions)]]&lt;br /&gt;
&lt;br /&gt;
[[Judiciary, superior: India]]&lt;br /&gt;
&lt;br /&gt;
[[Judiciary: India]]&lt;br /&gt;
&lt;br /&gt;
[[Witness protection: India]]&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Supreme_Court:_India</id>
		<title>Supreme Court: India</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Supreme_Court:_India"/>
				<updated>2019-02-17T05:55:06Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: /* 2018, Jan: Four SC judges’ press conference */&lt;/p&gt;
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=Article 142 in The Constitution Of India 1949=&lt;br /&gt;
142. ''' Enforcement of decrees and orders of Supreme Court ''' and unless as to discovery, etc &lt;br /&gt;
&lt;br /&gt;
( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe&lt;br /&gt;
&lt;br /&gt;
(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself&lt;br /&gt;
&lt;br /&gt;
==‘A tool for judicial dictatorship’ ==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=OPINION-Article-142-cant-be-tool-for-judicial-03042017002030      C A Sundaram| Article 142 can't be tool for judicial dictatorship Apr 03 2017 : The Times of India (Delhi)]&lt;br /&gt;
&lt;br /&gt;
'' (The writer is a Supreme Court lawyer) '' &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
As a committed democrat, I believe that an inefficient democracy is preferable to an efficient dictatorship and any form of absolutism, even by the judiciary, is unacceptable.&lt;br /&gt;
&lt;br /&gt;
The anathema of democracy is dictatorship, whether in the hands of an individual, a group or an institution. The very soul of a democracy is that the people's will is supreme. Howsoever wise be the 30 adorning the apex court and howsoever noble their motives, they can never speak for 1.2 billion people who speak through their representatives in the legislature.&lt;br /&gt;
&lt;br /&gt;
It is not a case of comparative wisdom or intellect since democracy itself owes its origins in Greece to the revolt against the rule of the intelligentsia. It is for this very reason that the founding fathers of our Constitution provided strictly for the separation of powers, which would maintain a balance and protect against any one institution overpowering or dominating the others.&lt;br /&gt;
&lt;br /&gt;
How then can 30 wise but unelected people exercise powers akin to legislation? More so, when the selection of future members into this august group is decided by five of their wisest, with none else given a me aningful role in such appointments. Such power to self-propagate has also been conferred by their own judgments.&lt;br /&gt;
&lt;br /&gt;
While the independence of the judiciary is to be strictly protected, with it comes the responsibility of acting within constitutional boundaries and resisting the temptation to venture into the terrain of other institutions in the absence of viola tion of constitutional and legal principles.&lt;br /&gt;
&lt;br /&gt;
Over the recent past, however, increasing powers are traced to Article 142 to decide a host of issues that would fall within the domain of other institutions. The exercise of such powers with no one to turn to against such exercise except the very body that had exercised the powers in the first place is certainly not democratic and bor ders on authoritarianism or at the very least, rule of the intelligentsia.&lt;br /&gt;
&lt;br /&gt;
Article 142 is an extraordinary power to be sparingly used where there is a legislative or executive void and comes into play when the conclusion is founded on statute or law but a remedy has to be created. Surely , its purpose is not replacing the wisdom of other institutions with that of the judiciary .&lt;br /&gt;
&lt;br /&gt;
''' The recent judgment ''' of the apex court overriding the objections of the states has also prohibited luxury hotels within 500 metres of a highway from serving liquor in restaurants, banquet halls or even to guests in their rooms.&lt;br /&gt;
&lt;br /&gt;
To name a few, Aero City in Delhi, Leela in Mumbai, and Grand Chola in Chennai are all subject to this embargo.Members cannot have a drink in iconic clubs like the Gymkhana. Even more surprising is that this fatwa was passed in a litigation expressing concern over liquor shops operating on the fringe of highways proving a temptation to passing motorists and encouraging drunk driving.&lt;br /&gt;
&lt;br /&gt;
The judgment was surprising as it is highly likely that a person going to Bukhara for dinner does so to break the monotony of his driving or that the hotel guest having a nightcap would be tempted to rush out and start driving.&lt;br /&gt;
&lt;br /&gt;
That stopping such people from drinking would make the highway safer defies logic. If it was to enforce a prohibition on the consumption of liquor, it was beyond the powers of the court and in the domain of the legislature. The only source relied on for the exercise of such power by the court is Article 142 of the Constitution which empowers it to pass orders to do complete justice to parties. Today it has become as uncertain and elastic in its use as an anteater's tongue.&lt;br /&gt;
&lt;br /&gt;
It is certainly not to decide that it would be more - wholesome for the populace if hotels legally built and legally serving numerous needs ought not to serve liquor since they may be used as a watering hole by thirsting motorists.&lt;br /&gt;
&lt;br /&gt;
==Art 142 used to end marriage after wife skips hearings==&lt;br /&gt;
[http://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2017%2F12%2F15&amp;amp;entity=Ar01703&amp;amp;sk=346BF5BD&amp;amp;mode=text  AmitAnand Choudhary, SC invokes extraordinary powers to end marriage after woman skips hearings, December 15, 2017: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Supreme Court dissolved a marriage after the wife refused to respond to its notice to appear in court to contest the case. The husband had been fighting a legal battle for the last three years after his wife withdrew her consent for divorce after filing a joint petition in the family court.&lt;br /&gt;
&lt;br /&gt;
A bench of Justices R K Agrawal and Abhay Manohar Sapre invoked the SC’s extraordinary power granted under Article 142 to dissolve the marriage without hearing the wife as she refused to respond to its notice issued on the husband’s plea. The court said she was not interested in keeping the marital relationship alive and allowed the husband’s divorce plea. Article 142 empowers the SC to pass order as is necessary for doing complete justice in any cause or matter pending before it. The couple got married in 2013 but the relationship soured soon after and they agreed to separate. They filed a joint petition in the family court seeking dissolution of marriage through mutual consent. The wife thereafter did not appear before the court which finally dismissed the petition. The man then approached the High Court of Judicature at Hyderabad which refused to grant him divorce after his wife’s lawyer contended that she had not given consent.&lt;br /&gt;
&lt;br /&gt;
Agreeing to examine his plea, the apex court had issued a notice to the wife to file her response but neither she not her lawyer appeared to argue the case. She did not appear before the court on 18 dates when the matter was taken up for hearing.&lt;br /&gt;
&lt;br /&gt;
Taking into account her conduct, the apex court dissolved the marriage and said there was no dispute that the couple had entered into an agreement to end the marital relationship.&lt;br /&gt;
&lt;br /&gt;
=Contempt of court=&lt;br /&gt;
==Calcutta HC on contempt: SC==&lt;br /&gt;
&lt;br /&gt;
The Times of India, Sep 18, 2011&lt;br /&gt;
&lt;br /&gt;
The Jalpaiguri district court was shut for a month by people demanding a Calcutta high court circuit bench there and the high court convicted 18 people, including the DGP of the West Bengal police, editor of a local daily, an ex-MP, an MLA and the district magistrate, for contempt. &lt;br /&gt;
When they appealed against their conviction and six-month jail term, the tables were turned in the Supreme Court, which not only quashed the contempt proceedings but also faulted the high court for not taking timely action during the agitation to help keep the district court open. &lt;br /&gt;
&lt;br /&gt;
The protesting public started the agitation on December 15, 2006 outside the main gate of the district court and requested the judicial officers not to go to court. It continued for a month till January 15, 2007. &lt;br /&gt;
&lt;br /&gt;
A bench of Justices P Sathasivam and B S Chauhan said the agitation was peaceful and the judicial officers were not forcibly prevented from attending the court. However, it reiterated that “the administration of justice should never be stalled at the instance of anyone including the members of the bar even for any cause.” &lt;br /&gt;
&lt;br /&gt;
The SC found that there was no request from the district judge or from the registrar general of the HC for removal of the rostrum put up in front of the gate and clearing of the protesters. It disagreed with the HC’s view that the DGP disobeyed the Chief Justice’s order for restoration of the district court’s functioning.&lt;br /&gt;
== Siddaramaiah, Sahara and other cases==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=LEGALLY-SPEAKING-High-and-mighty-in-country-make-03102016014045  Dhananjay Mahapatra High and mighty in country make judiciary drag its feet, Oct 03 2016 : The Times of India]&lt;br /&gt;
&lt;br /&gt;
Siddaramaiah's Snub To SC Not 1st Case Of Defiance By A CM&lt;br /&gt;
&lt;br /&gt;
Defiance of the Supreme Court's orders have al ways invited stinging punishment. Sahara group chief Subrata Roy will testify to that. He spent more than two years in jail and yet is not safe from the wrath of law. Last week, he was in real danger of being dragged back to prison just because his counsel made some intemperate arguments to test the SC's patience.&lt;br /&gt;
&lt;br /&gt;
Again in Sept 2016, the Justice Lodha committee complained to the SC that the Board of Control for Cricket in India (BCCI) was impeding and defying implementation of reforms ordered by the apex court. Asking the BCCI to fall in line, the SC issued a “we will set you right“ warning.&lt;br /&gt;
&lt;br /&gt;
But last week also saw Karnataka repeatedly flouting the SC's orders for release of Cauvery water to Tamil Nadu. Three times in the past one month, the state disobeyed the SC's orders. The political class came together and the assembly passed a resolution restraining the government from releasing water.&lt;br /&gt;
&lt;br /&gt;
The SC had no option but to reiterate its orders notwithstanding the assembly resolution. CM Siddaramaiah told the SC in clear terms that given the “will of the people of Karnataka“, he would disobey the court's orders.&lt;br /&gt;
&lt;br /&gt;
In a democracy , rule of law is maintained only when the violator faces reprisal of law swiftly and unwaveringly . For a commoner, the wrath of law has always been swift but when it comes to a mighty state or a chief minister, the SC has always been a little lenient.&lt;br /&gt;
&lt;br /&gt;
It is not the first time that Karnataka has disobeyed SC orders. In 2002, the SC had issued contempt notice to then chief minister S M Krishna for disobeying its October 4, 2002 order for release of 9,000 cusecs of water into Mettur reservoir. The contempt proceedings gathered dust. After six years, the SC disosed of the contempt proce edings taking into account Krishna's unconditional apology for the disobedience filed through senior advocate Fali S Nariman, who continues to be the counsel for Karnataka in the Cauvery dispute.&lt;br /&gt;
&lt;br /&gt;
Is Siddaramaiah drawing inspiration from the past? Difficult to say but the SC faces a real dilemma. If it hauls up the CM for contempt, it would help his popularity soar. And there is no guarantee of his successor implementing the SC's orders. As regards Siddaramaiah, he would not mind facing the wrath of law to emerge a martyr a few months ahead of assembly elections.&lt;br /&gt;
&lt;br /&gt;
If the court does not take action, then it could encourage other states to defy its orders hiding behind the “will of the people“. And at present, it takes virtually nothing to whip up public hysteria.&lt;br /&gt;
&lt;br /&gt;
In 1992, then UP chief minister Kalyan Singh had given an undertaking to the SC to maintain status quo at the disputed Ram Janmabhumi-Babri masjid site. It was flagrantly violated and the structure was razed to the ground. The SC convicted him for contempt of court.&lt;br /&gt;
&lt;br /&gt;
In Mohd Aslam vs Union of India [1994 (6) SCC 442], the SC said, “It is unhappy that a leader of a political party and chief minister has to be convicted of an offence of contempt of court. But it has to be done to uphold the majesty of law. We convict him of the offence of contempt of court.Since the contempt raises larger issues which affect the very foundation of the secular fabric of our nation, we also sentence him to a token imprisonment of one day. We also sentence him to pay a fine of Rs 2,000.“ Is that the wrath of law ­ one day's imprisonment or a fine of Rs 2,000?&lt;br /&gt;
&lt;br /&gt;
Importantly, the SC had aid, “Respect for law and its nstitutions is the only assuance that can hold a plura st nation together. Any atempt to achieve solutions to ontroversies, however ideoogically and emotionally urcharged, not on the basis f law and through judicial nstitutions, but on the trength of numbers will subert the fundamental values f our chosen political orga isation. It will demolish ublic faith in the accepted onstitutional institutions nd weaken people's resolve o solve issues by peaceful eans. It will destroy respect or rule of law and the authoity of courts, and seek to plae individual authority and trength of numbers above he wisdom of law.“&lt;br /&gt;
&lt;br /&gt;
Contrast this to a very reent example in the US. No ess than Alabama Supreme ourt chief justice Roy S More was suspended because e had ordered junior judges o defy an order of the US Su reme Court which validated ame-sex marriage in June ast year. That is what is caled the wrath of law which perates on the basis of the axim “you be ever so high, he law is above you“.&lt;br /&gt;
&lt;br /&gt;
Unfortunately in India, the wrath of law has always remai ed inversely proportional to he position and popularity of n individual. The higher he stands, lesser the chance of him acing the wrong end of the judicial stick. It will be interes ng to watch how the `wrath of w' story unfolds in the SC .&lt;br /&gt;
&lt;br /&gt;
= Curative jurisdiction=&lt;br /&gt;
==2017: AG calls for a review== &lt;br /&gt;
[http://epaperbeta.timesofindia.com//Article.aspx?eid=31808&amp;amp;articlexml=SCs-flawed-curative-jurisdiction-needs-urgent-relook-says-29042017013011  Dhananjay Mahapatra, SC's flawed curative jurisdiction needs urgent relook, says AG, April 29, 2017: The Times of India]&lt;br /&gt;
﻿&lt;br /&gt;
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﻿&lt;br /&gt;
'''Observation Comes Day After SC Rejected Centre's Plea On AFSPA'''&lt;br /&gt;
&lt;br /&gt;
A day after the Supreme Court dismissed the Centre's plea to exempt armed forces' personnel from prosecution for encounter deaths in areas under the Armed Forces Special Powers Act (AFSPA), attorney general Mukul Rohatgi on Friday made a strong pitch for review of the curative jurisdiction and called it “unfair and flawed“.&lt;br /&gt;
&lt;br /&gt;
The SC had devised the curative jurisdiction in 2002 in its order in the Rupa Ashok Hurra case whereby a litigant could, as the last recourse, seek reconsideration of a judgment even after a review petition had been dismissed, on grounds of alleged violation of principle of natural justice and bias. A curative petition is considered in chamber by a bench that includes the three senior-most judges of the SC and the judges who had delivered the judgment in question. Rohatgi gave three grounds terming the process for cura for terming the process for curative petitions as “unfair and flawed“. He said, “If the judges who had delivered the judgment and dismissed the review petition were to be part of the bench to hear the curative petition, then it is obvious that the result would go the same way as the fate of the review petition. If the intention is to have a relook at the judgment, then the curative petition must be placed before a bench which does not include the judges who had delivered the judgment.“&lt;br /&gt;
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Speaking to TOI, the AG also faulted the procedure adopted in deciding curative petitions. “In camera proceedings are contrary to the notion of dispensation of justice under public gaze. The court proceedings in India are open to public, except in exceptional circumstances,“ Rohatgi said.&lt;br /&gt;
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The third ground, he said, was the absence of petitioner's counsel to argue before the bench dealing with the curative petition. “The procedure established through the Hurra judgment is not in accordance with the principles of natural justice and deserves a relook urgently,“ he said. On Wednesday, the SC up held its direction for mandatory registration of FIR against armed forces personnel, even in disturbed areas under AFSPA, for every encounter death despite the Centre pleading that this order could jeopardise efforts to maintain peace and security .&lt;br /&gt;
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In a chamber hearing without the presence of law officers for the Centre, a bench of Chief Justice J S Khehar and Justices Dipak Misra, J Chelameswar, Madan B Lokur an U U Lalit had dismissed the Union government's curative petition against the judgment delivered last year. “We find no merit in the curative petition,“ it said before rejecting the plea.&lt;br /&gt;
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By the July 8, 2016 order, the SC had negated the protection against prosecution available to armed forces under AFSPA. The Centre had said, “If the position maintained by the impugned order continues, it may one day be well-nigh impossible to maintain peace and security .“&lt;br /&gt;
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=High Courts’ judgements and the SC=&lt;br /&gt;
==Complimenting HCs==	&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F21&amp;amp;entity=Ar01302&amp;amp;sk=A1C1C65B&amp;amp;mode=text  Dhananjay Mahapatra, How often does SC compliment HCs? Every now &amp;amp; then, January 21, 2018: ''The Times of India'']&lt;br /&gt;
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The fulsome praise showered by the Supreme Court on the Delhi high court for deciding the sexual harassment case against filmmaker Mahmood Farooqui may appear to be against the run of play because of the perception that HC verdicts are routinely overturned by the apex court.&lt;br /&gt;
&lt;br /&gt;
However, a quick scan of important cases heard by the apex court by way of appeals against high court verdicts reveals that, contrary to the widely held impression, in the majority of cases the SC has not only agreed with the HCs but even rebuked state governments for contesting well-reasoned orders. There have, of course, been instances of the apex court faulting HCs for falling into error.&lt;br /&gt;
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“The Supreme Court needs to be complimented for complimenting the high court,” said a senior lawyer.&lt;br /&gt;
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In March last year, the Calcutta HC ordered the CBI to take hold of all material, including Narada sting operation videos allegedly showing Trinamool members taking bribe, and register a preliminary enquiry (PE) in 72 hours. The West Bengal government cried foul and accused the CBI of political vendetta and appealed in the SC. The apex court strongly criticised the Mamata Banerjee government, made its counsel apologise, and held that the appeal was “most unfortunate” deserving “outright rejection”.&lt;br /&gt;
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The SC had said: “We have perused the order under challenge and it emerges that the HC took into consideration the material which required holding of PE at the hands of the CBI. We find no infirmity with the determination of the HC as the rights of petitioners are fully protected.”&lt;br /&gt;
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In February 2015, the Delhi high court restrained Prasar Bharati from sharing the free live telecast feed of cricket matches available to Doordarshan with cable operators. In August last year, the SC said the HC had correctly decided the case and affirmed the order.&lt;br /&gt;
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The Delhi high court will also draw satisfaction in the SC fully endorsing its verdict convicting four persons and awarding them death penalty for the gang rape and murder of ‘Nirbhaya’ in December 2012. The Supreme Court, after minute scrutiny of every piece of evidence, found no infirmity in the HC judgment. It is one of those rare cases where the trial court, the HC and the SC were on the same page.&lt;br /&gt;
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In contrast, the 2001Parliament attack case shows how scrutiny of evidence at the higher levels of judiciary makes certain evidence, relied on by the trial court, appear doubtful. In this case, the trial court had awarded death sentences on Mohammad Afzal Guru, Shaukat Hussain Guru and SAR Gilani, and a five-year jail term to Afsan Guru. The HC upheld the death sentence for Afzal and Shaukat but acquitted Gilani and Afsan. The SC, despite terming the HC order “well reasoned”, awarded death only to Afzal, a 10-year jail term to Shaukat and upheld the acquittal of Gilani and Afsan.&lt;br /&gt;
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In November last year, the Supreme Court had upheld an Uttarakhand HC verdict approving the assembly speaker’s decision to disqualify nine MLAs for defecting from Congress and said it was a “well-reasoned order”. In December last year, the SC was again on the same page with the Delhi HC in refusing to accord ‘Vande Mataram’ status equivalent to that of the national anthem.&lt;br /&gt;
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Last month, it also agreed with theDelhi HC and dismissed a petition filed by AAP member Raghav Chadha, who had challenged the trial judge’s decision to summon him to face proceedings in a defamation case filed against him by finance minister Arun Jaitley for merely retweeting an allegedly defamatory statement by Delhi chief minister Arvind Kejriwal.&lt;br /&gt;
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However, there are occasions when the SC expressed annoyance with the HCs, as it did last year in the fodder scam case. The Jharkhand HC had said the scam was a product of one conspiracy and hence former Bihar CM and RJD chief Lalu Prasad could not be made to face conspiracy charge in fodder scam cases relating to different treasuries. The SC overturned the order and criticised the HC for “ignoring the settled principles of law” that instances of illegal withdrawal of crores of rupees from every treasury require a separate trial. That is how Lalu Prasad came to be convicted in the second fodder scam case and faces more trials.&lt;br /&gt;
&lt;br /&gt;
= Impeachment =&lt;br /&gt;
[https://www.indiatoday.in/magazine/up-front/story/20180416-cji-dipak-mishra-impeachment-supreme-court-1206276-2018-04-05#ssologin=1#source=magazine Faizan Mustafa , Judging our judges “India Today” 16/2/2018]&lt;br /&gt;
&lt;br /&gt;
Yet no judge has so far been impeached in India. In 2010, senior lawyer and former law minister Shanti Bhushan asserted, in an affidavit in the Supreme Court, that out of 16 chief justices of India, as many as eight were 'definitely corrupt'. There was a move to impeach CJI M.M. Punchhi for acquitting a person on the basis of a compromise in a matter of criminal breach of trust-which is a non-compoundable offence-for allegedly extraneous considerations, but the requisite number of MP signatures could not be procured for the impeachment motion. Last year, CJI J.S. Khehar too was mired in a controversy over the suicide note of former Arunachal Pradesh chief minister Kalikho Pul. Justice Markandey Katju too had made serious allegations about the extension given to a Madras High Court judge by three CJIs under political pressure from the DMK and UPA.&lt;br /&gt;
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The ill-conceived, half-hearted and unrealistic move to impeach CJI Dipak Misra on charges that are hard to prove should cue attempts to put in place a system of judicial accountability short of impeachment.&lt;br /&gt;
&lt;br /&gt;
A judge can be impeached by Parliament on grounds of 'proved misbehaviour or incapacity'. Judges hold office, not only in India but also in, say, Britain and the US, during what may be termed as 'good behaviour' periods. The CJI too can be impeached like any other judge as he is simply the first among equals. The Supreme Court itself has held that 'misconduct' is a relative term that could connote &amp;quot;wrong conduct or improper conduct&amp;quot;. The Judges (Inquiry) Bill, 2006, did include wilful, persistent failure to perform duties within the definition of 'misconduct', but it is difficult to argue that writing of fewer judgments or wrong judgments amounts to 'misconduct' or 'incapacity'.&lt;br /&gt;
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Public perception matters in the discharge of judicial functions. If there is even a baseless perception that the CJI and/ or other judges are under the influence of the government and matters in which the government is interested are given to pliant benches, it may be a worrisome sign for the independence of the judiciary. However, none of this, including the controversial constitution of a seven- and then five-judge bench with great alacrity to overturn a decision of a three-judge bench in the Lucknow medical college case, may really meet the stringent criteria of 'misconduct'.&lt;br /&gt;
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Corruption is a cognisable offence, yet in the Justice K. Veeraswami case (1991), the apex court laid down that no FIR can be filed against a judge without the permission of the CJI. Although the case was about corruption, the Supreme Court extended protection to all cases. If the allegation of corruption is against a Supreme Court judge, the President could order an investigation in consultation with the CJI. If the allegation was against the CJI, the President had to consult other judges and act on their advice. In CJI Khehar's case, since the allegations were not only against him but also against the then President (Pranab Mukherjee), Khehar rightly ordered that the matter be referred to an appropriate bench.&lt;br /&gt;
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The impeachment process is so time-consuming and tortuous that it practically gives judges immunity. We, therefore, must evolve other mechanisms to evaluate the performance of judges. Judicial accountability promotes at least three discrete values: the rule of law, public confidence in the judiciary, and institutional responsibility. Many US states have a 'merit plan' to evaluate judicial performance. States such as Arizona, California and Utah have Judicial Performance Review Commissions/ Councils. These consist of not only judges and lawyers but also laypersons. New York and Alaska have systems of evaluation by trained court observers who make unscheduled court visits. Judges are evaluated on their knowledge of law, integrity, sentencing, impartiality etc. Judges must be judged too, and we need mechanisms that enable this.&lt;br /&gt;
&lt;br /&gt;
=Judgements, famous=&lt;br /&gt;
==Disaster relief order: 2016==&lt;br /&gt;
[http://epaperbeta.timesofindia.com//Article.aspx?eid=31808&amp;amp;articlexml=SC-erred-in-disaster-relief-order-26052016011035 ''The Times of India''], May 26 2016&lt;br /&gt;
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Dhananjay Mahapatra&lt;br /&gt;
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In its over-zealousness to protect the lives of citizens reeling under severe drought in several states, the Supreme Court has erred in directing the Centre to set up a National Disaster Mitigation Fund (NDMF) under a non-operational statutory provision which had riled the government.&lt;br /&gt;
Led by finance minister Arun Jaitley , the government had accused the judiciary of wanton interference in the executive's exclusive domain of earmarking funds for various purposes under the budgetary exercise.&lt;br /&gt;
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The SC on May 11 had quoted Section 47 of the Disaster Management Act, which provides for setting up of NDMF for projects exclusively for the purpose of mitigation -measures aimed at reducing the risk of disaster.&lt;br /&gt;
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Slamming the government, the SC had said, “Although the DM Act has been in force for more than 10 years, the NDMF has not yet been constituted. Therefore, there is no provision for mitigation of a disaster.“ It said since the Centre had not set up NDMF, it was unlikely that states or district administrations would have set up disaster mitigation funds.&lt;br /&gt;
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“As mandated by Section 47 of the DM Act, 2005, a Na tional Disaster Mitigation Fund is required to be established. Unfortunately, no such fund has been constituted till date. Accordingly, we direct the Union of India to establish a National Disaster Mitigation Fund within three months,“ the bench said and set August 10 as the deadline to set up NDMF.&lt;br /&gt;
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While the anxiety to come to the rescue of those affected by droughts was reflected in the judgment of Justices Madan B Lokur and N V Ramana, the bench missed the fact that Section 47 of the DM Act was not yet notified. None of the counsel -neither additional solicitor general P S Narasimha nor the advocates appearing for states -drew the court's attention to the fact that Section 47 mandating setting up of NDMF was not notified by the government and, hence, remained non-operative.&lt;br /&gt;
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As a result of this mistake, the SC ended up directing the Centre to implement a provision of law which for all practical purposes is non-existent.&lt;br /&gt;
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A day after the SC directed the Centre to set up NDMF, Jaitley said the judiciary was progressively appropriating the executive's powers. “Step by step, brick by brick, the edifice of India's legislature is being destroyed,“ he said and his remark was appreciated by MPs cutting across party lines.&lt;br /&gt;
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==Setting up a Disaster Response Force==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=SC-also-erred-in-asking-govt-to-set-28052016012059 ''The Times of India''], May 28 2016&lt;br /&gt;
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'''SC also erred in asking govt to set up Disaster Response Force: ASG'''&lt;br /&gt;
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Additional solicitor general P S Narasimha on Friday said the Supreme Court erred not only in directing setting up of National Disaster Mitigation Fund (NDMF) but also in asking the Centre to set up a National Disaster Response Force (NDRF).&lt;br /&gt;
Responding to a TOI report published on Thursday, Narasimha said during the arguments on a PIL filed by `Swaraj Abhiyan', he had pointed out to the court that Section 47 of Disaster Management Act had left it to the Union government's discretion whether or not to set up NDMF by using the words “the government may“.&lt;br /&gt;
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“Apart from this, I had also pointed out to the court that National Disaster Re sponse Fund under Section 46 was already constituted and in fact been operated since 2010. During the course of hearing, I had elaborately pointed out the distinction between mandatory provisions and those which are enabling,“ he said.&lt;br /&gt;
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He added that he had also brought to the court's notice the rejection of a proposal to set up NDMF by the 13th Finance Commission, which was of the view that funds were already available to different ministries under the DM Act for mitigation measures connected to a disaster.&lt;br /&gt;
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“Surprisingly , in its judgment on May 11, the court directed constitution of NDMF. Equally erroneously, the judgment directed formation of NDRF, although such a force has already been constituted under Section 44 with the requisite manpower. This fact was brought to the notice of the bench by a senior officer of the disaster management authority who was present in the court,“ Narasimha said.&lt;br /&gt;
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The ASG objected to the TOI report which said that “the bench missed the fact that Section 47 of the DM Act was not yet notified as none of the counsel -neither additional solicitor general P S Narasimha nor advocates appearing for the states -drew the court's attention to this fact“. TOI had reported that the SC had erred by directing constitution of NDMF as Section 47 was nonoperational.&lt;br /&gt;
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He said attribution of this omission to him was erroneous as he had presented all facts before the court.“For these reasons, I promptly advised filing of a review petition as these findings constitute errors apparent on the face of the record,“ he said.&lt;br /&gt;
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However, none of the written submissions presented by the Centre to the court during the hearing mentioned the fact that non-notification of Section 47 barred the court from directing the government to constitute NDMF.&lt;br /&gt;
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=Judges=&lt;br /&gt;
==Advocates who gained straight entry to the SC==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=4-new-SC-judges-2-rarities-05052016001068 ''The Times of India''], May 5, 2016&lt;br /&gt;
&lt;br /&gt;
2016: Senior advocate L Nageshwar Rao joined a super-exclusive club of advocates to gain straight entry to the SC: Kuldip Singh, Santosh Hegde, U ULalit and R F Nariman. Rao was additional solicitor gene ral under both UPA and NDA before resigning in 2015.&lt;br /&gt;
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==Both father and son as SC judges==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=4-new-SC-judges-2-rarities-05052016001068 ''The Times of India''], May 5, 2016&lt;br /&gt;
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2016: The collegium headed by the Chief Justice of India recommended appointment to the Supreme Court of Allahabad HC chief justice DhananjayChandrachud. Justice Chandrachud's father Yeshwant was CJI from February 1978 to July 1985. Appointed a judge in Bombay HC at just 40, Chandrachud Junior has nine years of service left and a strong chance of creating history by also becoming CJI. Only once before have both father and son made it to the SC N H Bhagwati and P N Bhagwati, who went on to become CJI.&lt;br /&gt;
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=Judges' differences with the Chief Justice=&lt;br /&gt;
==2018, Jan: Four SC judges’ press conference==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/shock-sc-judges-press-conference-let-nation-decide-about-cjis-impeachment/articleshow/62471142.cms      Supreme Court judges' press conference: 'Let nation decide about CJI's impeachment' | Jan 12, 2018  | TIMESOFINDIA.COM]&lt;br /&gt;
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[[File: Some brief profiles of Justice Dipak Misra, Justice Chelameswar, Justice Ranjan Gogoi, Justice Kurian Joseph and Justice Madan B Lokur.jpg|Some brief profiles of Justice Dipak Misra, Justice Chelameswar, Justice Ranjan Gogoi, Justice Kurian Joseph and Justice Madan B Lokur &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01417&amp;amp;sk=983FB026&amp;amp;mode=text  January 13, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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[[File: 2018 Jan- WHAT THE JUDGES' LETTER to the CJI SAID.jpg|2018 Jan- WHAT THE JUDGES' LETTER to the CJI SAID;  &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01404&amp;amp;sk=1CD28F5D&amp;amp;mode=text  January 13, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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NEW DELHI: In an unprecedented move, four senior Supreme Court judges today called a press conference to express their displeasure with the Chief Justice of India (CJI) Dipak Mishra and with the way he was assigning cases.&lt;br /&gt;
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''' Highlights ''' &lt;br /&gt;
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*The four judges' letter to the CJI [in Nov 2017] airing their grievance about selective assigning of important cases&lt;br /&gt;
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*&amp;quot;The CJI is only the first among equals nothing more and nothing less&amp;quot;, they said&lt;br /&gt;
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*The judges acknowledged that what they were doing - in calling a press conference - was highly unusual&lt;br /&gt;
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The four judges+ ' wrote a letter to the CJI two months ago, airing their grievances about selective assigning of important cases to judges who are junior to them. They also said they have issues with the assignment of the case to do with the mysterious death of Justice BH Loya, who was hearing the Sohrabuddin fake encounter case.&lt;br /&gt;
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&amp;quot;The convention of recognising that CJI is the master of roster and assigns cases to different benches is for disciplined and efficient transaction of court business and not a recognition of superior authority,&amp;quot; they said in the letter.&lt;br /&gt;
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&amp;quot;The CJI is only the first among equals nothing more and nothing less&amp;quot;, they added.&lt;br /&gt;
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The judges were Justice Chelameswar, Justice Gogoi, Justice Lokur and Justice Kurian Joseph. They said they are speaking out because &amp;quot;democracy will not survive if the judiciary is not impartial&amp;quot;. [These four honourable judges ranked at nos.1, 2, 3 and 4 among  the 24 [[Supreme Court: India: Sitting judges ]], not counting the Hon. Chief Justice of India, who obviously was senior to them all.]&lt;br /&gt;
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The judges said they were annoyed that the medical college admissions scam was sent to court no 7 after a Justice Chelameswar headed bench sent it to a five-judge bench of himself, the CJI and Justices Gogoi, Lokur and Joseph.&lt;br /&gt;
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They also said they wanted to highlight unspecified irregularities in the judiciary and to say that the CJI Mishra isn't doing anything to remedy the situation, despite the letter they wrote him some months ago.&lt;br /&gt;
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When the Justices were asked if the issues were to do with the Collegium as well, they didn't confirm or deny it. When asked if CJI Mishra should be removed, one of them said, &amp;quot;Let the nation decide on his impeachment.&amp;quot;&lt;br /&gt;
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They said they sent the CJI the letter but didn't hear back, and then they met him again this morning, to no avail.&lt;br /&gt;
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&amp;quot;We collectively tried to persuade the CJI that certain things aren't in order so take remedial measures but unfortunately our efforts failed,&amp;quot; said Justice Chelameswar.&lt;br /&gt;
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The four judges said many &amp;quot;undesirable&amp;quot; things have occurred in the judiciary lately.&lt;br /&gt;
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&amp;quot;The administration of the SC is not in order and many things which are less than desirable have happened in last few months,&amp;quot; said Justice Chelameswar.&lt;br /&gt;
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A few minutes before the press conference, the SC said, separately, that the &amp;quot;mysterious death of Justice BH Loya is a serious issue&amp;quot;. They asked the Maharashtra government to present all documents to do with his death to the court on Monday. Justice Loya was hearing the Sohrabuddin fake encounter case and died under mysterious circumstances.&lt;br /&gt;
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The judges also had a grievance that the PIL seeking a probe into Justice Loya's death was assigned to court no. 10 and not to any of the first four benches other than CJI-led bench.&lt;br /&gt;
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The judges acknowledged that what they were doing - in calling a press conference - was highly unusual.&lt;br /&gt;
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=== A look at their career track and antecedents ===&lt;br /&gt;
[https://www.indiatoday.in/magazine/the-big-story/story/20180129-supreme-court-rebel-judges-cji-dipak-mishra-1148761-2018-01-19 Damayanti Datta , Brothers at war “ India Today” 29/1/2018]&lt;br /&gt;
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''' See graphic '''&lt;br /&gt;
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[[File: Brothers at war .jpg| Brothers at war [https://www.indiatoday.in/magazine/the-big-story/story/20180129-supreme-court-rebel-judges-cji-dipak-mishra-1148761-2018-01-19 .&amp;lt;br/&amp;gt; “ India Today”]|frame|500px]]&lt;br /&gt;
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===The events of that day===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F14&amp;amp;entity=Ar00903&amp;amp;sk=C743DE97&amp;amp;mode=text  Dhananjay Mahapatra, Judges’ presser sharpened double-edged swords wielded by activist lawyers, January 14, 2019: ''The Times of India'']&lt;br /&gt;
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It was Friday, January 12, 2018. Fridays in Supreme Court are busy days. But four seniormost judges wound up judicial work in 45 minutes. The SC corridor was agog with rumours about an impending unprecedented press conference by them. Journalists rushed to Justice Jasti Chelameswar’s official residence. History was made. The rumours came true. The judges cornered then CJI Dipak Misra.&lt;br /&gt;
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But Justice Chelameswar donned a worried look, his gaze fixed at the entrance of his residential bungalow. Explaining the worry lines on his forehead, he had said, “If the three johnnies don’t come, I will be in a soup as I had put my neck out.” The three — Justices Ranjan Gogoi, Madan B Lokur and Kurian Joseph — trooped in a little later. Justice Chelameswar sported a smile of relief.&lt;br /&gt;
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We all know what happened later — how an activist lawyer attended the presser, was stopped from asking questions by journalists and was closeted with Justice Chelameswar immediately after the press conference. How a Left leader went to meet Justice Chelameswar, how the presser was used to exert pressure on the then CJI by politician-lawyers to defer adjudication of Ayodhya case and how it became a ground for moving an unprecedented removal motion by Congress against the then CJI in Parliament.&lt;br /&gt;
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The presser further unnerved CJI Misra, who was on the back foot since November 2017 when Justice Chelameswar attempted to snatch the CJI’s power as ‘master of roster’ by setting up a fivejudge bench to hear a petition by ‘forum hunting’ activist-lawyers seeking a probe into the CJI’s alleged role in the medical college admission scam.&lt;br /&gt;
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CJI Misra had to hurriedly set up a five-judge bench to annul Justice Chelameswar’s order and reiterate the CJI’s sole prerogative in assigning a case to a particular bench and determining the number of judges on the bench. The CJI was damned by both the rebel judges and the activist-lawyers for allocating cases of national importance arbitrarily to select benches of “junior” judges perceived to have political leanings.&lt;br /&gt;
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Less than a year later, CJI Ranjan Gogoi notified a five-judge constitution bench to adjudicate the Ayodhya land dispute case. It surprised many as a three-judge bench on September 27 had rejected a demand for its reference to a five-judge bench and ruled that a three-judge bench would decide it.&lt;br /&gt;
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CJI Gogoi explained that he used his plenary powers under Order VI Rule 1 of Supreme Court Rules, 2013, to set up the five-judge bench. On wonders why the same rule was not the saviour for CJI Misra when he set up a five-judge bench for reiteration of the CJI’s prerogative in allocating cases to a bench and its numerical strength. While CJI Mishra was damned, the Muslim parties hailed CJI Gogoi saying “this is how a CJI must act”. If a CJI’s orders are favourable, activist-lawyers waste no time in crowning him as the most independent judge on earth.&lt;br /&gt;
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Allocation of petitions seeking probe into alleged suspicious death of judicial officer B H Loya to a bench headed by Justice Arun Mishra had triggered the January 12 presser. Justice Mishra recused. A&lt;br /&gt;
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three-judge bench led by CJI Misra heard the case and dismissed the petitions. They drew a lot of flak. The activist-lawyers missed no words in the dictionary to berate the then CJI.&lt;br /&gt;
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For any CJI, the SC is a pitch of quicksand prepared by activist-politician lawyers. The moment a judge gets into the post of CJI, these lawyers miss no opportunity to attempt to push him on the back foot to make sure the SC entertains their PILs, genuine as well as tainted, which give them immense clout in social, political and bureaucratic circles.&lt;br /&gt;
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A cornered CJI Misra reacted on expected lines and entertained a huge number of PILs. But CJI Gogoi is not one to be pushed on the back foot. When the CBI vs CBI PIL, followed by another on the Rafale aircraft deal, came up before him, he earned the ire of the same group of lawyers for the manner in which he surgically heard the cases without permitting lengthy arguments. Immediately, they turned against him.&lt;br /&gt;
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Even before the judgments were delivered, the activist-politician lawyers were at their usual work — spreading the word in the corridors and social media that CJI Gogoi would dismiss both petitions and that he was worse than CJI Misra. These lawyers have already started digging into the past to find some link to brand CJI Gogoi as close to the government. Such is the danger for a CJI.&lt;br /&gt;
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After his retirement, Justice Chelameswar had boasted that he had strived for transparency and objectivity in the collegium process for selection of judges to the SC and HCs. When he was part of the collegium, Justice Chelameswar had taken advantage of the then CJI’s proposal to abruptly change an earlier recommendation — a Karnataka HC judge’s transfer to Bombay HC was to be annulled and he was to be sent to Allahabad HC.&lt;br /&gt;
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Justice Chelameswar agreed, but with a quid pro quo — transfer a Kerala HC judge to Andhra Pradesh HC even though he knew that the HC judge, prior to his appointment, had given an affidavit to the SC to never press for his transfer back to AP HC. The CJI had to agree. But the Union government refused to act on this recommendation.&lt;br /&gt;
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The CJI Gogoi-headed collegium has now recommended transfer of that Kerala HC judge to Bombay HC, superseding its earlier recommendation. What is the status of transparency and objectivity, both then and now, which the judges’ press conference had pressed for?&lt;br /&gt;
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In SP Gupta case [1981 (sup) 1 SCC 87], described as the first judges’ case, the SC had said, “Unfortunately, it is the easiest thing to make false, reckless and irresponsible allegations against judges in regard to their honesty and integrity and in recent times, the tendency has grown to make such allegations against judges because they have decided the case in a particular manner, either against a dissatisfied litigant or contrary to the view held by a group or, section of politicians or lawyers or members of public.”&lt;br /&gt;
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How true today after nearly 40 years! When Justice Gogoi took umbrage to the Loya case allocation during the presser, activist-politician lawyers hailed him as the epitome of honesty, integrity, independence and fearlessness. In less than a year, the same lawyers have turned against him merely because he refuses to be cowed down by their tactics and continues to decide cases on merit, with or without meeting their expectations. Such is the life of a CJI, very lonely and unnerving.&lt;br /&gt;
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==The Five main issues that annoyed the Hon Judges==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/senior-sc-judges-press-conference-five-main-issues-that-annoyed-them/articleshow/62472066.cms     Senior SC judges' press conference: Five main issues that annoyed them | Jan 12, 2018|TIMESOFINDIA.COM]&lt;br /&gt;
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The four senior Supreme Court (SC) judges who called an unprecedented press conference today had grievances to do with the assignment of cases and how the Chief Justice of India Dipak Mishra was handling it. Here are the 5 main issues that annoyed them:&lt;br /&gt;
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1) The four senior judges+ believe that all important cases get heard by CJI-led bench and do not get distributed to other senior judges heading benches.&lt;br /&gt;
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2) The four judges also said there have been instances where cases that have far-reaching consequences for the nation and the judiciary were assigned by the Chief Justice selectively - to benches of their preference - and not based on rationality. &amp;quot;This must be guarded against at all costs,&amp;quot; said the 4 senior SC judges.&lt;br /&gt;
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3) Specifically, the Four judges were annoyed that a public interest litigation seeking a probe into Judge B M Loya's &amp;quot;mysterious&amp;quot; death was assigned to court no. 10 and not to any of the first four benches other than the CJI-led bench.&lt;br /&gt;
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4) The judges further had a simmering grievance about the medical college admissions scam being sent to court no 7 after a Justice Chelameswar headed bench sent it to a five-judge bench of himself, the CJI, himself, and Justices Gogoi, Lokur and Joseph. The medical college admissions scam is to do with the role of sitting and retired judges of high courts in enabling private medical colleges admit students to MBBS courses despite the apex court's order to the contrary.&lt;br /&gt;
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5) The four judges also said that it was wrong on part of CJI to head a small bench and deal with the memorandum of procedure when it was earlier heard by a five-judge bench.&lt;br /&gt;
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===They felt the ‘CJI was being remote-controlled’ ===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F03&amp;amp;entity=Ar00127&amp;amp;sk=4F4A6C0F&amp;amp;mode=text  Dhananjay Mahapatra, December 3, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: &amp;quot;Presser was Justice Chelameswar's idea&amp;quot;.jpg|&amp;quot;Presser was Justice Chelameswar's idea&amp;quot; &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F03&amp;amp;entity=Ar00127&amp;amp;sk=4F4A6C0F&amp;amp;mode=text  Dhananjay Mahapatra, December 3, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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'' ‘Judges With Perceived Bias Given Cases’ ''&lt;br /&gt;
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In a stunning claim, retired Supreme Court judge Kurian Joseph said he and three other most senior SC judges held their muchdiscussed press conference on January 12 as they felt that then CJI Dipak Misra was being controlled from outside and was allocating cases to judges with political bias.&lt;br /&gt;
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In an exclusive interview to TOI, Justice Joseph narrated in detail the turbulent times in the apex court, leading to the unprecedented press conference by him with three most senior judges — Justices Jasti Chelameswar, Ranjan Gogoi and Madan B Lokur. Asked what went wrong within four months of Justice Misra taking over as CJI, Justice Joseph said, “There were several instances of external influences on the working of the Supreme Court relating to allocation of cases to benches headed by select judges and appointment of judges to the Supreme Court and high courts.&lt;br /&gt;
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===’Held presser after all attempts failed’===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F03&amp;amp;entity=Ar01104&amp;amp;sk=92F63973&amp;amp;mode=text  Dhananjay Mahapatra, December 3, 2018: ''The Times of India'']&lt;br /&gt;
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“Someone from outside was controlling the CJI (Dipak Misra), that is what we felt. So we met him, asked him, wrote to him to maintain independence and majesty of the Supreme Court. When all attempts failed, we decided to hold a press conference,” former Supreme Court judge Kurian Joseph told TOI in an exclusive interview.&lt;br /&gt;
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Asked to elaborate on the “external influence”, Justice Joseph said, “Starkly perceptible signs of influence with regard to allocation of cases to different benches selectively, to select judges who were perceived to be politically biased.”&lt;br /&gt;
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Asked whether it was a unanimous decision to go for the press conference, he said, “Justice Chelameswar was the initiator of the idea of press conference. But we three agreed with him.”&lt;br /&gt;
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At the headline-hogging Press conference, the rebel judges questioned the functioning of then CJI Misra, including allocation of hearing of a petition seeking probe into the alleged suspicious death of judicial officer B H Loya to a bench headed by Justice Arun Mishra, who later recused from the case after a showdown with Justice Chelameswar at the routine morning meeting of SC judges on January 13.&lt;br /&gt;
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The presser and allegations of the then CJI getting cosy with the establishment were cited as grounds in the motion moved by Congressled opposition parties in the Rajya Sabha seeking Justice Misra’s removal. The notice for the motion was rejected by Rajya Sabha chairman M Venkaiah Naidu for lack of any convincing grounds.&lt;br /&gt;
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Born in a family with modest means, Justice Joseph persevered to rise in his profession, reaching the number three spot in the SC. His father was a clerk in the Kerala high court, where he started his practice in 1979 at the age of 26. He was appointed additional advocate general of Kerala in 1994 and was designated a senior advocate in 1996.&lt;br /&gt;
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“It was a proud moment for me when I took oath as a judge of the Kerala HC in 2000, the HC where my father had worked as a clerk. His meagre income was insufficient to run a large household comprising seven children. I used to go to school barefoot and got my first slippers when I was in Class 7,” he said.&lt;br /&gt;
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A deeply spiritual person, Justice Joseph believes that dispensing justice is a constitutional duty where compassion holds the balance. In his tenure of five years and eight months, he disposed of 8,612 cases and wrote over 1,000 detailed judgments.&lt;br /&gt;
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His prayer before deciding cases would humble the most knowledgeable, “I always had the same prayer on my lips when I heard a case: ‘God, let justice not be denied to a deserving person only because of my lack of knowledge or inadequate preparation on my part. And give me wisdom to discern justice in the case’.” Justice Joseph said he read each and every case file and his law clerks were utilised only for research purposes.&lt;br /&gt;
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==Allahabad HC, Devi Dayal case, 1959: CJ’s right to assign cases==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F22&amp;amp;entity=Ar02105&amp;amp;sk=8E903F63&amp;amp;mode=text  Dhananjay Mahapatra, SC may see transparency, but judiciary will pay price for presser, January 22, 2018: ''The Times of India'']&lt;br /&gt;
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No greater damage can be caused to the administration of justice and to the confidence of people in judicial institutions when judges of the higher courts publicly express lack of faith in the subordinate judges,” the Supreme Court had said more than two decades ago in Braj Kishore Thakur case [1997 (4) SCC 65]. The SC was commenting at the diatribe of an HC judge that a certain trial court judge did not have proper knowledge of law.&lt;br /&gt;
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Imagine the catastrophic damage to people’s faith in judiciary and administration of justice when four seniormost judges of the SC in a coup-like fashion engineered a tweet inviting the media to a certain judge’s residence, slipped out of the SC at noon on a busy Friday and stunned the world by holding a press conference expressing no confidence in the fairness of the Chief Justice of India in assigning sensitive cases of national importance. They alleged that these always went to hand-picked benches headed by junior judges. At the same time, they acknowledge that all judges in the SC were equal, hence no seniorjunior divide.&lt;br /&gt;
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Since 1950, various constitutional courts have frowned at litigants, lawyers and judges attempting to assign cases to a particular judge or bench. The Allahabad HC in Devi Dayal case [AIR 1959 Allahabad 421] had said, “It is only the chief justice who has the right and the power to decide which judge is to sit alone and which cases such judge can decide; further, it is again for the CJ to determine which judges shall constitute a division bench and what work those benches will do... It is for the CJ to allot work to judges and judges can do only such work as is allotted to them.” It went on to say that an order passed by a judge or a bench in a case would not be appropriate if that case had not been assigned to that judge or bench by the chief justice.&lt;br /&gt;
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The Allahabad HC ruling has been the signature tune of higher courts for the last six decades. In Narayan Shamrao Puranik case [AIR 1982 SC 1198], the SC had said, “The chief justice is the master of the roster. He has full power, authority and jurisdiction in the matter of allocation of business of the HC.” The CJ had this power not only as per rules but it “inheres in him in the very nature of things”.&lt;br /&gt;
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A full bench of Madras HC in 1991 in Mayavaram Financial Corporation Ltd had said, “The chief justice has the inherent power to allocate the judicial business of the high court including who of the judges should sit alone and who should constitute the bench of two or more judges. No litigant shall have a right to question jurisdiction of judges or the judge hearing the case. No person can claim as a matter of right that his petition be heard by a single judge or a division bench or a particular judge or a particular division bench. No judge or bench will assume jurisdiction unless the case is allotted to them under the orders of the CJ.”&lt;br /&gt;
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So, is the CJI’s decision to assign petitions on CBI special judge B H Loya’s death to a bench headed by a junior judge the real trigger for the unprecedented press conference? Or, was there more to it than meets the eye? Was the rebellion fuelled by personal ambitions of a certain someone? Or were there lawyerpoliticians who conspired to scuttle the exclusive prerogative of the CJI in assigning cases? Could it also be because the CJI appeared to expedite hearing in a seven year-old appeal in a certain 70-year-old ‘sensitive’ litigation brushing aside feverish and persistent pleas of lawyer-politicians to post it to July 2019? Did certain lawyers act as catalysts for the eruption in the press conference? Why did a lawyer who represents a petitioner in the Loya case attend the press conference and get closeted with the judge at whose house the presser was held? It is hard to lift the veil on the real cause behind the press conference.&lt;br /&gt;
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Sitting atop a pyramidal three-tier justice delivery system, the SC has been serving as the final arbiter of all kinds of disputes — political, social, economic and personal. By the very nature of judicial decisions, most often only one party to the dispute emerges victorious in a litigation. With stakes running high in cases, especially in commercial and public interest litigations which with time have become more and more political interest litigations, the lawyers seek an escape route for their failure in the SC by pushing the blame at ‘bad assigning’ of the case.&lt;br /&gt;
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In the age of free speech, dissent and accusations spread faster than plague on social networks. If one praises a certain judge, he will be branded a stooge and social media will register hundreds of likes from people who have no knowledge either about&lt;br /&gt;
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the person being targeted or the judge. Rumours travel faster than electricity and easily get accepted as ‘fact’ on social media. Take for example, an invitation extended to the media by the NALSA executive chairman, a very senior SC judge, to explain the help it is going to render to lakhs of poor litigants in the hinterland through legal clinics. Despite 24 hours notice, only a few journalists, mostly those who cover the apex court daily, turned up. In contrast, just a tweet went out hinting about the press conference of four senior judges barely half an hour before the event. It attracted swarms of print and electronic media journalists, including eminent ones who seldom cover courts.&lt;br /&gt;
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A seasoned politician would have been surprised by the media response at such short notice.&lt;br /&gt;
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The press conference’s attempt to demolish the unitary command structure of the CJI for assignment of cases appears to herald a coalition era in the SC and possibly would percolate to HCs. In the coalition era on the political front, a government, holding reins of power through a slender majority, was dependent on every single MP. This allowed each MP to have his coterie comprising intellectuals, journalists and activists. Thus, in the coalition era, a lot of people were happy as it served their personal ambitions and interests. In a single party government, there is a drastic reduction in the number of key MPs, which in turn shrinks the population of those thriving on patronage in these three tribes.&lt;br /&gt;
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Is judiciary going to see a similar coalition era after the press conference, when not only judges but lawyers, especially the activists and the brazenly belligerent ones, will have a say in deciding which judge should hear which case? Though the press conference might just be the bitter dose required for ushering in transparency in assigning of cases to benches, it has set a precedent for other judges.&lt;br /&gt;
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They now have the licence to hold a press conference whenever they feel the CJI, an HC CJ or any judge is doing anything wrong, even on a wrong perception.&lt;br /&gt;
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The press conference’s attempt to demolish the unitary command structure of the Chief Justice of India for the assignment of cases appears to herald a coalition era in the apex court and possibly would percolate to the high courts&lt;br /&gt;
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==Retired judges', AG's and lawyers' reactions==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/turmoil-in-supreme-court-top-developments/articleshow/62475813.cms     Turmoil in Supreme Court: Top developments|   Jan 12, 2018 | TIMESOFINDIA.COM]&lt;br /&gt;
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In what could be seen as possible damage control, ''' Attorney General ''' KK Venugopal hinted to ANI that the turmoil could be resolved by [the next day], even as he stressed that the press conference &amp;quot;could have been avoided.&amp;quot;&lt;br /&gt;
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&amp;quot;Today's press conference could have been avoided, but the Supreme Court judges are all statesman with vast experience and knowledge, and I am sure by tomorrow, the entire issue would be &lt;br /&gt;
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Sources in the government told news agency PTI that the conflict was an &amp;quot;internal&amp;quot; matter of the judiciary. This may reflect the ''' government's reluctance to interfere ''' &lt;br /&gt;
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Government sources, however, added that the apex court should settle the issue at the earliest as the faith of the people in the judiciary is at stake&lt;br /&gt;
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[http://www.indpaedia.com/ind/index.php/Supreme_Court:_India#.E2.80.98The_integrity_of_the_institution.E2.80.99    Supreme Court judges' press conference: Other judges' and lawyers' reactions | Jan 12, 2018 | TIMESOFINDIA.COM]&lt;br /&gt;
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Highlights&lt;br /&gt;
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Four senior Supreme Court (SC) judges today called an unprecedented press conference today acknowledged that what they were doing - in speaking to the media - was highly unusual. &amp;quot;This is an extraordinary event and it is with no pleasure we are doing this...We are left with no choice but to address the nation,&amp;quot; said Justice Chelameswar. Here is what other lawyers and some former SC lawyers have to say about that:&lt;br /&gt;
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* PB Sawant, former Supreme Court judge: Judges had to come before media &amp;amp; take this unprecedented step. This means that there is a serious dispute, either with CJI or some internal dispute.&lt;br /&gt;
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* Justice R.S. Sodhi: Issues don't matter. It is their complaint on administrative matter. They are only 4, there are 23 others. 4 get together and show the Chief Justice in a poor light. It is immature and childish behaviour. I think all 4 judges should be impeached, they have no business to sit there and deliver verdicts anymore.&lt;br /&gt;
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*Mukul Mudgal, retired high court judge: There must be some serious reason that they were left with no other option but to hold a press conference. But what connection does Loya have with this? I know nothing about this and I don't want to make comments about any political matter&lt;br /&gt;
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* Indira Jaising, Supreme Court advocate: I think it's a historic Press Conference. It was very well done. I think we, the people of India, have a right to know what is going on within the judiciary and I welcome this.&lt;br /&gt;
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* Salman Khurshid, senior advocate and Congress leader: Deeply sad and pained, also feel a sense of agony that the highest court of the land should come under such severe stress that forces judges to address the media.&lt;br /&gt;
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* Prashant Bhushan, lawyer and politician: It is certainly a very serious development which has cast a huge shadow on the Chief Justice. Somebody had to confront the situation, where CJI is blatantly misusing his powers, hence the unprecedented step (by the 4 judges).&lt;br /&gt;
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*Senior lawyer KTS Tulsi: I am sure they (four judges) have exhausted all other remedies. One could see pain on their faces while they were speaking. The whole matter is with respect to judicial propriety. The question is of natural justice. Whatever is the law for common man, it is applied much more rigorously as far as judges are concerned because they must always be above suspicion&lt;br /&gt;
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* BJP MP Subramanian Swamy: We can't criticize them, they are men of great integrity and have sacrificed a lot of their legal career, where they could've made money as senior counsels. We must respect them. The PM must ensure that the 4 judges and the CJI, in fact, the whole SC come to one opinion and proceed further.&lt;br /&gt;
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(With inputs from agencies)&lt;br /&gt;
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== Lawyer-politicians fanned the flames==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F03%2F05&amp;amp;entity=Ar01100&amp;amp;sk=3A9E7559&amp;amp;mode=text  Dhananjay Mahapatra, Lawyer-politicians ran with hares and hunted with the hounds after Jan 12 presser, March 5, 2018: ''The Times of India'']&lt;br /&gt;
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The unprecedented press conference by four seniormost Supreme Court judges on January 12 shattered the calm exterior of the judiciary. Most of the four wanted to “discharge their debt to the nation” by informing the public about the “anomalous” administrative decisions of the Chief Justice of India.&lt;br /&gt;
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They were naive to assume that their going public would force a course correction in the CJI’s administrative decisions, which included assigning of cases to benches headed by “junior” judges. After watching the unfolding events from close quarters, one is sure they would not have imagined that a simple “debt discharging” press conference would inflict a deep wound on judicial independence, invite political interference and, worse, allow lawyer-politicians to adopt a “run with the hare and hunt with the hounds” strategy to attempt to pressurise the CJI.&lt;br /&gt;
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The four judges candidly said that allocation of petitions seeking a probe into judicial officer B H Loya’s death to a “junior SC judge” was the tripping point.&lt;br /&gt;
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In reality, it was the personal perception about handling of the medical scam case, coupled with a judge’s unflagging ambition to achieve the unattainable, which fuelled the rebellion.&lt;br /&gt;
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Lawyer-politicians seized the opportunity and added two more cases — one, sudden activation of a dormant Ayodhya case on the request of BJP leader Subramanian Swamy and second, reopening of 1984 anti-Sikh riot cases by appointment of a committee headed by former Delhi HC judge S N Dhingra — to target the CJI.&lt;br /&gt;
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On the political front, these lawyer-politicians kept the CJI on tenterhooks by strongly lobbying with their party bosses to initiate a motion for the CJI’s removal. In court, they seamlessly slipped into black robes and smilingly argued before the bench seeking relief in politically sensitive cases.&lt;br /&gt;
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The SC had not experienced the machinations of such lawyer-politicians when it said in C Ravichandran Iyer case [1995 (5) SCC 457], “The judges of higher echelons should not be mere men of clay with all the frailties and foibles, human failings and weak character which may be found in those in other walks of life.&lt;br /&gt;
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They should be men of fighting faith with tough fibre not susceptible to any pressure — economic, political or any sort.”&lt;br /&gt;
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It is easy to say that judges must be of tougher material than lawyers, the community from which they are mostly drawn. But a threat to bring removal motion against a judge as a sinister design to make him cower in fear of ignominy has its effect on a man who also lives within society’s bounds.&lt;br /&gt;
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While lawyer-politicians attempted to reap advantage in important cases having political ramifications by attempting to subdue the CJI, the executive too found the fluid situation a fertile ground to undermine judicial independence. Though mercifully it did not interfere in the internal impasse, it definitely took advantage of lack of unity within the collegium to stall appointment of SC and HC judges.&lt;br /&gt;
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So, what did the press conference achieve? It is doubtful whether the grievance about allocation of cases to “junior” judges has been addressed. But surely, it opened the field for political and executive interference in judiciary? In 1995, two bar associations of Bombay (now Mumbai) passed resolutions demanding resignation of then Chief Justice of Bombay HC A M Bhattacharjee, alleging that an astronomical amount was paid by a foreign publisher to market two books authored by him abroad and that this could influence the CJ’s judicial decisions given the lawyers involved in striking the deal. This issue was brought before the SC by one Ravichandran Iyer. The SC had said that except Parliament dealing with a removal motion, “no other forum or fora or platform is available for discussion of the conduct of a judge in the discharge of his duties as a judge of the SC or HC, much less a bar council or a group of practising advocates. They are prohibited to discuss the conduct of a judge in the discharge of his duties or pass any resolution in that behalf ”.&lt;br /&gt;
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Referring to the “extraordinary complexity of modern litigation”, the SC had in the same judgment said, “The independence of judiciary is not limited only to independence from executive pressure or influence, it is a wider concept which takes within its sweep independence from any other pressure and prejudices. It has many dimensions, viz, fearlessness of other power centres, economic and political, freedom from prejudices acquired and nourished by the class to which the judge belongs.”&lt;br /&gt;
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The SC also talked about judicial individualism. It said every judge in constitutional courts enjoyed individual freedom and peers could not exert pressure to make him act in a charted manner.&lt;br /&gt;
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To buttress this argument, the SC had quoted the dissenting opinion of two US Supreme Court judges in the 1970 case ‘Stephen S Chandler vs Judicial Council of the Tenth Circuit of the US’.&lt;br /&gt;
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The dissenting judgment said, “Once a federal judge is confirmed by the Senate and takes his oath, he is independent of every other judge. He commonly works with other federal judges who are likewise sovereign. But neither one alone nor any number banded together can act as censor and place sanctions on him... Some judges may be displeasing to those who walk in more measured, conservative steps but those idiosyncrasies can be of no possible constitutional concern to other federal judges.” It is time SC and HC judges took stock of the fallout of the presser and put heads together to devise ways and means to ward off political, executive and economic powers ever so eager to exert influence on the judiciary, undermining the cardinality of judicial independence.&lt;br /&gt;
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==Differences first erupted over medical scam PIL==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/simmering-differences-in-supreme-court-had-first-erupted-over-medical-scam-pil/articleshow/62480997.cms  Dhananjay Mahapatra, January 13, 2018: ''The Times of India'']&lt;br /&gt;
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''Simmering differences in Supreme Court had first erupted over medical scam PIL''&lt;br /&gt;
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NEW DELHI: The closing of ranks in the judiciary, witnessed in the National Judicial Appointments Commission (NJAC) case three years ago when the Supreme Court (SC) revived the collegium system for the selection of judges to constitutional courts, lay in tatters on Friday when the simmering discontent among the top five SC judges burst out in the open. &lt;br /&gt;
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'''How cases are allocated in Supreme Court '''&lt;br /&gt;
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The immediate trigger for the unprecedented press conference by the four most senior judges — Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph — may have been CJI Dipak Misra's refusal to accede to their request to delete the PIL seeking a probe into CBI judge B M Loya's death from the list of business before court number 10 but the discontent over not being assigned important cases that get space in newspapers and TV channels was simmering for a long time, even before Misra took over the top post in August last year. &lt;br /&gt;
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Justice Chelameswar had protested against the manner in which the collegium functioned and even kept away from its meetings while deciding to put written comments on file for the selection of judges of the SC and HCs during the tenure of then CJI T S Thakur and continued with his stand during CJI H S Khehar's term. However, he had joined collegium meetings during CJI Misra's term. &lt;br /&gt;
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'''What the rift in SC is about '''&lt;br /&gt;
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The first of the major differences between Justice Chelameswar and CJI Misra surfaced in public when a PIL filed by the Committee for Judicial Accountability and Reforms alleging judges' involvement in a medical scam was mentioned for urgent hearing before a bench headed by Justice Chelameswar in December last year. Justice Chelameswar put it up for hearing the next day. But, as is the practice in the SC, the petition got referred to the CJI as the master of roster and he assigned it to a bench headed by Justice A K Sikri. &lt;br /&gt;
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But before the Justice Sikri-led bench could hear it the next day, another petition by advocate Kamini Jaiswal, which was identical to the one filed by the NGO, was mentioned for hearing before the bench headed by Justice Chelameswar with a prayer for urgent hearing. Justice Chelameswar ordered a hearing on the petition at 12.45pm and passed an order placing the petition before a five-judge bench comprising the CJI and the next four most senior judges. &lt;br /&gt;
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As veiled allegations were made against the CJI, with the petitioner's counsel mentioning the arrest of a former Orissa HC judge by the CBI for allegedly taking a bribe to fix a case relating to a medical college, the petition drew massive attention. The other bench headed by Justice Sikri ordered the matter to be placed before the CJI for hearing before an appropriate bench. &lt;br /&gt;
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With Justice Chelameswar virtually taking over the function of the CJI in assigning the petition to a Constitution bench, the CJI hurriedly convened a seven-judge bench, which, within minutes, got reduced to a five-judge bench, and a decision came swiftly that no judge other than the CJI can assign a petition to a particular bench as the CJI is the master of the roster. It annulled Justice Chelameswar's order and assigned the petition by Jaiswal to a bench of Justices R K Agrawal, Arun Mishra and A M Khanwilkar, who are no. 8, 10 and 17, respectively, in the hierarchy. &lt;br /&gt;
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Privately, the senior judges shared their anguish over the CJI not reposing trust in any of them with important cases. Later, the non-assigning of important cases to them, culminating with the petition on Loya's death, triggered the public outburst.&lt;br /&gt;
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==Trigger: Denial of senior bench for PIL on Judge Loya’s death==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar00312&amp;amp;sk=E2D6984D&amp;amp;mode=text  Dhananjay Mahapatra, Final trigger: Rejection of demand for senior bench to hear PIL on judge death, January 13, 2018: ''The Times of India'']&lt;br /&gt;
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New Delhi: The final trigger for the stunning press conference by the four seniormost judges of the Supreme Court came at 10.15am on Friday — just 15 minutes before commencement of proceedings — when&lt;br /&gt;
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Chief Justice Dipak Misra bluntly turned down their last-minute request to shift a politically sensitive case from a particular apex court bench.&lt;br /&gt;
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The CJI made it clear that he would not break tradition, backed by a recent five-judge bench decision giving him sole discretion to assign cases to benches of his choice.&lt;br /&gt;
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On Thursday, a CJI-led bench had admitted a public interest litigation (PIL) seeking a probe into the death of B H Loya, who as special CBI judge was hearing the case of gangster Sohrabuddin Sheikh’s “fake” encounter.&lt;br /&gt;
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The four judges — all members of the crucial collegium by virtue of being No. 2 to No. 5 in seniority — thought that a matter of importance to the integrity of the judiciary and to the nation should be assigned to a bench headed by a judge who was more senior than Justice Arun Mishra, who is 10th in the pecking order of the 25 Supreme Court judges.&lt;br /&gt;
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With the CJI refusing to heed the demand, the rebellious quartet hurriedly called the media at noon after quickly completing the day’s work.&lt;br /&gt;
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Loya died in Nagpur on December 1, 2014. The CBI court subsequently acquitted BJP president Amit Shah, who was among the accused, along with a few others.&lt;br /&gt;
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Supreme Court sources said Misra’s decision was backed by the November 2017 verdict saying the CJI was “master of the roster” and was free to assign cases to any bench and determine the number and composition of judges on a bench.&lt;br /&gt;
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Disappointed by the rejection of their request, the four judges told CJI Misra that they would act as they deemed fit. All four, heading separate benches from court numbers 2 to 5, finished their day’s work within one-and-ahalf hours and rushed to Justice Chelameswar’s house for a press conference which started at 12.20 pm.&lt;br /&gt;
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The CJI’s office said the chief justice has made it clear that he would not break with tradition giving him sole discretion to assign cases to benches of his choice.&lt;br /&gt;
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'''CJI’s office uses rebels’ quote, asks if all are equal, what is the fight'''&lt;br /&gt;
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Cases have been assigned by ex-CJIs — Justices H L Dattu, T S Thakur, J S Khehar — as per their discretion and the present CJI is not doing anything that is contrary to the tradition backed by the constitution bench ruling, sources in the CJI’s office said.&lt;br /&gt;
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This assertion by the CJI’s office found reflection in the letter written by the four seniormost judges to the CJI two months ago. It had said: “There have been instances where cases having far-reaching consequences for the nation and the institution had been assigned by the Chief Justices of this Court selectively to the benches ‘of their preference’ without any rationale basis for such assignment. This must be guarded against at all costs”.&lt;br /&gt;
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The letter also said: “The convention of recognising the privilege of the CJI to form roster and assign cases to different members/benches of the SC is a convention devised for disciplined and efficient transaction of business of the court but not a recognition of any superior authority, legal or factual of the CJI over his colleagues. It is too well settled in the jurisprudence of this country that the CJI is only the first among equals — nothing more or nothing less.”&lt;br /&gt;
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The CJI’s office used this quote and said if these most senior judges were equal to the so-called junior judges in the court, then “what is the grievance against a case getting listed before judge X or judge Y?”&lt;br /&gt;
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==‘Super sensitive’ cases that went to junior SC judges: 1997-2017==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F15&amp;amp;entity=Ar00302&amp;amp;sk=9A55AF0D&amp;amp;mode=text  Dhananjay Mahapatra, January 15, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: 1997-2017-  15 ‘super sensitive’ cases that went to junior SC judges.jpg|1997-2017-  15 ‘super sensitive’ cases that went to junior SC judges &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F15&amp;amp;entity=Ar00302&amp;amp;sk=9A55AF0D&amp;amp;mode=text  Dhananjay Mahapatra, January 15, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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'''See graphic''':&lt;br /&gt;
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''1997-2017-  15 ‘super sensitive’ cases that went to junior SC judges''&lt;br /&gt;
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[''15 ‘super sensitive’ cases in past 20 years went to junior SC judges'''&lt;br /&gt;
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The dramatic press conference by the four seniormost Supreme Court judges to allege that sensitive and important cases were being assigned to “select benches” headed by junior SC judges in the last few months — a charge intended to target Chief Justice Dipak Misra — appears contrary to the way in which such cases have been allotted in the past 20 years.&lt;br /&gt;
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TOI tracked the most ‘sensitive cases of national importance’ in the last two decades. Of them, at least 15 — including those relating to the Bofors scam, Rajiv Gandhi’s assassination, L K Advani’s trial in the Babri Masjid demolition case, the Sohrabuddin Sheikh fake encounter, Best Bakery and the case that changed how BCCI is run — all have one thing in common. They were assigned by the then CJIs not to any of the four seniormost judges of the SC but to ‘select benches’ headed by junior judges.&lt;br /&gt;
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There is little evidence to suggest that seniority of judges is a criterion for allocation of cases, as was suggested by the quartet of Justices J Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph in their letter to the CJI. The manner in which successive CJIs have assigned cases points to a more random selection of benches.&lt;br /&gt;
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Though the dissenting judges did not mention particular cases, apart from confirming that the case of Judge B H Loya was one, the view that “less senior” benches are not as competent does not seem to have been shared by past CJIs.&lt;br /&gt;
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'''Rajiv murder case was assigned to three junior Supreme Court judges'''&lt;br /&gt;
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Some legal experts have argued that the argument raised by the senior SC judges casts a shadow over the independence of other benches and this requires some supportive evidence. Other opinion has held that there is merit in the charges of ‘bench fixing’ levelled by the senior judges and requires a response by the CJI who has held that the roster is his domain as has been the case in the past. Those who disagree with the rebel judges point out that the suggestion that an effort to discreetly &amp;quot;help&amp;quot; the government in cases that might embarrass it needs to be backed up or could be seen as a means to pressure benches hearing various cases.&lt;br /&gt;
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The first of the important cases tracked by TOI relates to appeals filed in 1998 by Nalini and others challenging their conviction and death sentence in the Rajiv Gandhi assassination case. At that point of time, it was the most high profile case in the country. But the then CJI assigned it to three junior judges — K T Thomas, D P Wadhawa and S S M Qadri who sat in courts much farther than those headed by the fifth seniormost SC judge. No questions were raised over selection.&lt;br /&gt;
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In 1999, the CBI filed a new chargesheet in the Bofors case, making stunning allegations. NRI industrialist brothers Srichand and Gopichand Hinduja were made accused. The trial court refused bail. When they came to the SC seeking bail, the then CJI assigned it to court number 8, headed by junior judge M B Shah. They got bail by putting Rs 15 crore bonds. This was not regarded as 'bench fixing' by the then CJI.&lt;br /&gt;
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Advocate Lily Thomas filed a writ petition in 2005 seeking disqualification of MPs and MLAs upon their conviction and sentence for two or more years. Elected representatives were used to holding on to their memberships in Parliament and assemblies by filing an appeal. This game changing petition was assigned by the then CJI to court number 9, which was headed by Justice A K Patnaik, then a junior judge.&lt;br /&gt;
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The Best Bakery case came to SC in 2004 through a writ petition filed by Zahira Habibullah Sheikh. The Gujarat riots case, which earned the then Gujarat government the tag of 'modern day Nero', was handled by then junior judge Justice Arijit Pasayat sitting in court number 11.&lt;br /&gt;
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Rubabuddin Sheikh, brother of Sohrabuddin who was killed in a fake encounter, filed a writ petition in 2007. The case, which turned out to be politically crucial for Amit Shah and Gujarat police, was assigned to a bench sitting in court number 11 headed by Justice Tarun Chatterjee, one of the junior most SC judges at that time. Orders from the court created trouble for BJP and its leadership in Gujarat and did not attract any comment from activist lawyers about possible 'bench fixing'.&lt;br /&gt;
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In 2009, renowned advocate Ram Jethmalani launched a crusade against black money by filing a petition in the SC. The case, which became an election issue in 2014, was handled by court number 9 and by a bench of then 'junior judges' Justices B Sudershan Reddy and S S Nijjar. A year later in 2010, an NGO led by advocate Prashant Bhushan brought the case relating to alleged irregular allotment of 2G spectrum and the then CJI assigned it to court number 11 of Justices G S Singhvi and A K Ganguly. No one can fault the way they handled the case despite being juniors.&lt;br /&gt;
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The same year, the Delhi HC gave a landmark judgment decriminalising consensual sexual relationship in private between adults of LGBTQ community. The appeal by one Suresh Kumar Kaushal in the SC was assigned by to court number 11where a bench headed by Justice G S Singhvi heard it for the first time.&lt;br /&gt;
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In 2011, the CBI filed an appeal, after much dithering, questioning the Allahabad HC decision to drop conspiracy charge against L K Advani and a host of BJP stalwarts in the Babri masji demolition case. In March 4, 2011, the case was heard in court 8 by a bench of Justices V S Sirpurkar and T S Thakur. The bench changed to Justices H L Dattu and Chandramauli Prasad in court 11, then to court number 9 of Justices M Y Eqbal and Arun Mishra in 2016. It passed on to court number 6 of Justices P C Ghose and R F Nariman which gave judgment on April 19 last year reviving the conspiracy charge.&lt;br /&gt;
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In 2012, four explosive PILs were filed — irregular allotment of coal blocks that came close to singe then PM Manmohan Singh, validity of Aadhaar, validity of 66A of Information Technology Act and an alleged sexual assault case against Rahul Gandhi. The coal scam petition by advocate M L Sharma was assigned to a bench headed by Justice R M Lodha sitting in court number 7.&lt;br /&gt;
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The petition challenging the validity of Aadhaar was the only exception to the general rule as it was assigned to court number 5, headed by Justice B S Chauhan. Still the judges with seniority at two, three and four could harbour a grievance why it was not assigned to them by the CJI.&lt;br /&gt;
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An appeal filed by one Kishore Samrite presented a judgment passed by Allahabad HC, which had dismissed Samrite's petition with a cost of Rs 50 lakh, of which Rs 20 lakh was to be given to Rahul Gandhi. The then CJI assigned this to a bench of Justices V S Sirpurkar and T S Thakur in court number 8 and then changed the bench to Justices B S Chauhan and Swatanter Kumar, which dismissed it with a cost of Rs 5 lakh on Samrite.&lt;br /&gt;
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==Seniority is a sacred principle for judges==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01400&amp;amp;sk=6135F966&amp;amp;mode=text  Dhananjay Mahapatra, January 13, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: The numbering and organisation of the Supreme Court of India’s (upto) twelve counts, and the allotment of work to them.jpg|The numbering and organisation of the Supreme Court of India’s (upto) twelve counts, and the allotment of work to them &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01400&amp;amp;sk=6135F966&amp;amp;mode=text  Dhananjay Mahapatra, January 13, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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New Delhi: Seniority is a sensitive issue for high court judges — being the determinant of their career prospects, be it possible appointment as chief justice of an HC, elevation to the Supreme Court and, for the lucky ones, appointment as Chief Justice of India.&lt;br /&gt;
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Though there have been many instances in the past when HC judges were elevated directly to the SC as judges without becoming chief justices of HCs, the principle of seniority continues to be treated with utmost reverence.&lt;br /&gt;
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A judge in the SC gets seniority from the time he takes oath. If more than one take oath on the same day, the one who is sworn in first becomes the senior among them.&lt;br /&gt;
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In case of Justice Jasti Chelameswar, one of the prime movers in the revolt against CJI Dipak Misra on Friday, it was non-adherence to seniority in elevation to the SC as a judge that robbed him of the chance of becoming the CJI.&lt;br /&gt;
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Justice Chelameswar was appointed as an HC judge on June 23, 1997, which was after the appointment of CJI Misra and his immediate predecessor Justice J S Khehar. Justice Misra was appointed as an HC judge on January 17, 1996 while Justice Khehar was appointed on February 8, 1999. But Justice Chelameswar became chief justice of Gauhati HC on May 3, 2007, much before Justice Khehar (November 29, 2009) and Justice Misra (December 23, 2009).&lt;br /&gt;
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However, Justice Chelameswar’s seniority advantage of more than two years over Justices Khehar and Misra was nullified by the then collegium, which appointed Justice Khehar as an SC judge on September 13, 2011, nearly a month before Justices Misra and Chelameswar took oath on October 10, 2011.&lt;br /&gt;
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Fate again played played a trick with Justice Chelameswar as he took oath after Justice Misra, the latter, thus, becoming senior to him.&lt;br /&gt;
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If seniority had taken its course, Justice Chelameswar would have taken over CJI on January 4, 2017 after the retirement of then CJI T S Thakur; ie, before even Justice Khehar, who was succeeded by Justice Misra on August 28, 2017.&lt;br /&gt;
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With the collegium, along with destiny, deciding otherwise, Justice Chelameswar has never refrained from articulating his gripe about the games played in the collegium as it selects people as judges of the SC and HCs. He had put this angst on record in his dissenting judgment as part of the five-judge bench, which by majority had quashed the NJAC which was meant to end collegium’s monopoly in the appointment of judges of HCs and SC .&lt;br /&gt;
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Quoting former SC judge Ruma Pal Justice Chelameswar had said that the collegium acted like a coterie, and that there was a barter system among member judges.&lt;br /&gt;
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Seniority carries other benefits too, especially the privilege of appointing judges of the SC and HCs. The first three SC judges, including the CJI, get to select persons for appointment as judges of HCs. The privilege of appointing chief justices belongs to the five seniormost judges who comprise the collegium. The CJIheaded body also selects persons from among advocates, HC judges and HC CJs for appointment as SC judges. This earns the top five enormous respect among advocates and HC judges.&lt;br /&gt;
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=Judges’, including CJI’s, inter se seniority, authority=&lt;br /&gt;
==2018: ‘No Senior/ Junior Judges; CJI ‘ first among equals’, s/he alone can assign cases==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F04%2F12&amp;amp;entity=Ar00300&amp;amp;sk=59D30F83&amp;amp;mode=text  Dhananjay Mahapatra, SC: CJI ‘ first among equals’, alone entitled to assign cases, April 12, 2018: ''The Times of India'']&lt;br /&gt;
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''No Senior Or Junior Judges, Top Court Says''&lt;br /&gt;
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The Supreme Court ruled that there was no concept of “senior” or “junior” SC judges as all were equally competent to decide any case allotted to them by the Chief Justice of India, who alone had the power to constitute benches and assign cases.&lt;br /&gt;
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Dismissing a PIL filed by advocate Ashok Pande demanding that the CJI-headed three-judge bench must have the two other most senior judges on it, a bench of CJI Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said it was unimpeachably ruled earlier by a fivejudge bench that the CJI was the master of the roster and had the sole discretion of deciding the composition of benches and assigning cases.&lt;br /&gt;
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At an unprecedented press conference on January 12, four senior judges led by Justice J Chelameswar had specifically complained against the allocation of a petition relating to judicial officer B H Loya’s death to a bench headed by a “junior” judge while questioning the CJI’s alleged arbitrary allocation of important cases to benches headed by “select junior” judges.&lt;br /&gt;
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Writing the unanimous judgment that appeared to be a point-by-point rebuttal to the judges’ grievances aired in the press conference and Justice Chelameswar’s subsequent interaction with the media, Justice Chandrachud said the Chief Justice of India was the first among equals (judges) and had “exclusive prerogative in the allocation of cases and the constitution of benches”. He added, “As a repository of constitutional trust, the CJI is an institution in himself.”&lt;br /&gt;
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'''Chief justices of HCs to decide allocation of cases: SC'''&lt;br /&gt;
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Justice Chandrachud said: “The authority which is conferred upon the CJI, it must be remembered, is vested in a high constitutional functionary. The authority is entrusted to the CJI because such an entrustment of functions is necessary for the efficient transaction of the administrative and judicial work of the SC.”&lt;br /&gt;
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“The entrustment of functions to the CJI as the head of the institution is with the purpose of securing the position of the SC as an independent safeguard for the preservation of personal liberty. There cannot be a presumption of mistrust. The oath of office demands nothing less.”&lt;br /&gt;
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Slamming the petitioner’s attempt to classify Supreme Court judges as “senior” and “junior” according to the date of their taking oath in the apex court, Justice Chandrachud said, “Every judge appointed to the SC is invested with equal duty of adjudicating cases which come to the court and are assigned by the CJI. Seniority in terms of appointment has no bearing on which cases a judge should hear.&lt;br /&gt;
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“To suggest that any judge would be more capable of deciding particular cases or that certain categories of cases should be assigned only to the senior-most among SC judges has no foundation in principle or precedent. To hold otherwise would be to cast reflection on the competence and ability of other judges to deal with all cases assigned by the CJI, notwithstanding the fact that they have fulfilled the qualification mandated by the Constitution for appointment to the office.”&lt;br /&gt;
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Another PIL by senior advocate and former law minister Shanti Bhushan, filed through his advocate-son Prashant Bhushan, which sought assigning of cases to the collegium comprising the CJI and the four most senior judges, is pending with the SC. The three-judge bench said, “The Supreme Court has been authorised under Article 145 to frame Rules of Procedure...the petitioner is not entitled to seek a direction that benches of this court should be constituted in a particular manner.”&lt;br /&gt;
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Touching on the functioning of high courts headed by chief justices, the SC said, “In deciding upon the allocation of work and the constitution of benches, the chief justices of HCs have to determine the number of benches which need to be assigned a particular subject matter keeping in view the inflow of work and arrears. The CJs are guided by the need to ensure orderly functioning of the court and the expeditious disposal of cases.”&lt;br /&gt;
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=’Judicial legislation’=&lt;br /&gt;
==Transgressing separation of power between legislature, executive and judiciary?==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=LEGALLY-SPEAKING-Nota-to-quota-SC-had-a-27032017012032  Dhananjay Mahapatra, Nota to quota: SC had a field day in judicial overreach, Mar 27, 2017: The Times of India]&lt;br /&gt;
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In March 2017, members of Parliament cutting across party lines were agitated by the Su preme Court allegedly transgressing the cardinal separation of power between the legislature, the executive and the judiciary . The MPs accused the SC of “overstepping“ its jurisdiction to get into the law-making domain through its judgments.&lt;br /&gt;
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They appear to be still riled by the October 2015 judgment of the SC striking down a unanimously passed legislation creating National Judicial Appointments Commission (NJAC) to replace the `opaque' collegium system for selection of judges. What added fuel to the anger was the SC's decision to entertain a PIL questioning life-long pension and freebies to MPs and MLAs.&lt;br /&gt;
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Law minister Ravi Shankar Prasad attempted to assuage the ruffled feathers by declaring, “Parliament to enact, executive to formulate and judiciary to interpret. In this light, if separation of power principle is binding on all, I am sorry to say that it is equally binding on the judiciary .“&lt;br /&gt;
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Why did the SC transgress the boundary of separation of power and attempt to perform tasks entrusted to the legislature and the executive? Since 1950, the SC has been the sentinel of fundamental rights of citizens, who were many a time ignored by both legislators and the executive. In protecting these precious rights, the SC had to walk the extra mile.&lt;br /&gt;
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'''Remember Vishaka case?'''&lt;br /&gt;
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Though the Constitution had guaranteed equal opportunity to men and women, women had been facing sexual harassment at work place for decades, enduring the depraved acts of male superiors in offices. Lawmakers knew this. But they failed to take steps to legislate and protect women from depraved male colleagues.&lt;br /&gt;
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The SC preferred not to remain silent. It virtually legislated by providing a mechanism for working women to complain against colleagues and bosses if they passed sexist remarks or indulged in sexual harassment. None of the MPs termed this judgment as judicial overreach.&lt;br /&gt;
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And the Shah Bano case? For decades, divorced Muslim women lived a life in penury as there was no provision in Muslim personal law to fasten liability on husbands to provide for maintenance to wives after talaq. The SC craftily used Section 125 of Criminal Procedure Code to step around the vacuum in Muslim personal law and granted alimony to divorced Muslim women. No one protested against this judgment as judicial overreach. In fact, it was hailed as a secular judgment. In a federal structure like ours governed by the principle of separation of powers, it is difficult for the judiciary , tasked to protect the fundamental rights of poor voiceless citizens, to close the doors of relief saying the boundary of separation of power is too high to scale.&lt;br /&gt;
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Take for example the Indra Sawhney case. The SC was hailed as the institution that quelled wild protests by students by ruling in favour of the legislation granting reservation to OBCs, which was over and above the existing quota for SCs and STs. However, it also legislated by capping total quota at 50% of government jobs. The legislators did not mind, as the SC ruling had doused the protests.&lt;br /&gt;
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The SC transgressed the principle of separation of power again in S R Bommai case by severely curtailing the Union government's power under the dreaded Article 356, under which the Centre, till the 1990s, used to topple elected governments in states at will by imposing President's rule. The restrictions on use of Article 356 were termed as an interpretation of the Constitution, even though for an independent analyst it could qualify as legislative exercise by the SC.&lt;br /&gt;
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On the election front too, the SC has legislated many times. In the Association of Democratic Reforms case, it put in a new law making it mandatory for candidates to declare their educational, wealth and criminal details to enable voters to make an informed choice while pushing the EVM button.&lt;br /&gt;
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It also brought in the concept of NOTA, which gave the voter the option of declaring that none of the contesting candidates was worthy of his vote. In addition, the SC also legislated by declaring that an elected representative, who has been convicted and sentenced in such a manner to earn disqualification, cannot continue as a member of the House concerned by merely filing an appeal against the conviction and sentence in a higher court.&lt;br /&gt;
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No one protested against it as public sentiment, given the abuse of position by some elected representatives, was in favour of the judgment.Parliamentarians have a right to criticise the SC, for it is manned by human beings who are not infallible. But they should always keep in mind what the SC said in S P Gupta case [1982 (2) SCR 365], “...While the administration of justice draws its legal sanction from the Constitution, its credibility rests in the faith of the people. Indispensable to that faith is the independence of the judiciary . An independent and impartial judiciary supplies the reason for the judicial institution, it also gives character and content to the constitutional milieu.“&lt;br /&gt;
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Rational criticism, and not motivated angst, always strengthens an institution. And we all know and believe that wise parliamentarians would always mean well to criticise the SC in such a manner so as to strengthen its independence to enable it to dispense justice without fear and favour.&lt;br /&gt;
==Judicial overreach and co-governing India==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Q-A-Court-appears-to-be-engaging-in-08052017014033 May 08 2017 : The Times of India (Delhi)  Court appears to be engaging in unrestrained judicial overreach| Justice AP Shah talking to Sanjiv Shankaran | The Times of India]&lt;br /&gt;
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Q &amp;amp; A - `Court appears to be engaging in unrestrained judicial overreach ... uncertainty around policy because of SC interventions'&lt;br /&gt;
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'' Some recent Supreme Court judgments, which have had a significant impact on policy issues, have triggered a debate on its powers. '' ''' AP Shah, former chief justice of Delhi high court ''' '' and former law commission chairman, spoke to ''' Sanjiv Shankaran ''' on the issue and the apex court's fundamental role: '' &lt;br /&gt;
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''' Is SC's role in co-governing India consistent with Constitution's spirit? ''' &lt;br /&gt;
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In the 1980s, after the Emergency, judiciary transformed itself into an institution that was enjoined to promote the ideals of socio-economic and political justice.&lt;br /&gt;
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Judiciary developed public interest litigation, or PILs, as a jurisdiction to transform constitutional promises into reality , and open the doors to those groups of people who were not free to approach the courts due to socio-economic factors. The idea was to make human rights meaningful for weaker sections of society. Then it gradually recognised rights of undertrials, juveniles, right to privacy, right to speedy trials and so on. It also covered areas like environment. This is how the idea of PILs began and started expanding. Article 21 was expanded as well, recognising right to education, work, shelter and so on. It was undeniably a glorious chapter in history of Indian judiciary .&lt;br /&gt;
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Lately , however, the court has taken on a role of co-governance. Indeed, I fear that it has become the norm almost. The court, through its decisions, is virtually overriding the constitutional concept of separation of powers. There are judicial diktats on every other subject, many of which are rank populist decisions, for example, the decision in the BCCI matter, where the court is practically running the cricket board on a day to day basis. Besides this, the court also entertains completely frivolous matters like the national anthem case, or the one on Sikh jokes.&lt;br /&gt;
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In sum, the court appears to be engaging in unrestrained judicial overreach, mostly by recourse to Article 142, and issuing judicial diktats.&lt;br /&gt;
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Populist approach would destroy the idea of PIL as envisaged originally decades ago. SC is trying to govern the country, and trying to correct every ill that exists.But this is neither within the powers of the court, nor does it have the capacity to do so. The priority must be protection of human rights and fundamental rights.&lt;br /&gt;
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''' Does the recent record suggest that evidentiary basis for judgments is satisfactory , particularly if the outcome has a significant fallout? ''' &lt;br /&gt;
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The alcohol ban is a case in point where the court's decision has had catastrophic financial consequences. In effect, the court drastically altered the central government's policy without realising the implications. I believe this is in the range of anything between Rs 50,000-75,000 crore, and has led to the loss of a million jobs.&lt;br /&gt;
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SC has missed the target on this one.&lt;br /&gt;
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There should have been decisive steps taken against drunken driving. The decision may be well intentioned, but it has effectively gone against the thriving hospitality industry.&lt;br /&gt;
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As a result, there is also a lot of uncertainty around policy , because of the interventions of SC. Such decisions have serious financial repercussions, which, I fear, the court is not equipped to understand.&lt;br /&gt;
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''' Taking a look at Aadhaar case, is SC's scheduling of hearings contributing in a round about way to a roll-out of policy? ''' &lt;br /&gt;
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There are very serious issues involved in the petition before SC, including whether the Aadhaar Act could have been passed as a money bill.&lt;br /&gt;
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It is useful to recap what happened.The case came before a three-judge bench in August 2015. The court granted interim relief restricting the use of Aadhaar to two schemes on a voluntary basis. When it went to a five-judge bench in October 2015, the two schemes were expanded to six schemes. On both occasions, the court said it was an important issue and should be heard expeditiously.&lt;br /&gt;
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In spite of that observation, the matter is not being given priority. In the meantime, the central government started issuing notification upon notification making Aadhaar mandatory for various purposes, in disregard of the interim order. Surprisingly, the Chief Justice of India has made an observation that the non-mandatory nature of Aadhaar extends only to social welfare and benefit schemes, and that it did not apply to other things like verification of income tax returns or registration of mobile numbers. This is completely at odds with the interim order passed by the constitution bench.&lt;br /&gt;
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Somewhere, priorities are getting lost, and the court is wasting its time in trying to address policy issues, which are clearly not in its domain. This becomes all the more critical when we realise that pendency in SC has crossed 60,000 cases.&lt;br /&gt;
== CBI probes: House panel slams SC, HCs for monitoring them==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=House-panel-slams-SC-HCs-for-monitoring-CBI-09122015013031 ''The Times of India''], Dec 09 2015&lt;br /&gt;
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Neeraj Chauhan&lt;br /&gt;
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'''House panel slams SC, HCs for monitoring CBI probes'''&lt;br /&gt;
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''Courts Are Overstepping Their Brief''&lt;br /&gt;
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In a significant remark on the judiciary's intervention in CBI investigations, a parliamentary committee has stated that the Supreme Court and high courts have started performing the functions of the lowest rung of criminal justice system, taking over the role of a magistrate.&lt;br /&gt;
Asserting that superior courts are working beyond their powers, the parliamentary standing committee on personnel, public grievances, law and justice said, “The superior courts which are courts of appeal under Sec tion 374 of the Code of Criminal Procedure (1973) are even directing CBI in a number of cases to report day-to-day progress in a sealed cover bypassing sections 172 and 173 of the CrPC and performing functions envisaged under the criminal justice system of the country for the lowest rung of criminal courts and also appreciating the evidence which under section 173 of CrPC is required to be done by the magistrate.“&lt;br /&gt;
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The panel's observations come at a time when most of the big-ticket CBI cases, including 2G spectrum allocation scam, coal block allocation scam, Vyapam scam, Virbhadra Singh corruption probe and ponzi schemes like Saradha, are being either monitored or regularly heard by the Supreme Court and several high courts. In fact, in the 2G and coal scams, the Supreme Court restricted all other courts to entertain any application against orders passed by the trial court.&lt;br /&gt;
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The committee said, “...various high courts and Supreme Court are frequently issuing directions to the CBI to handle cases relating to Prevention of Corruption Act, 1988, as also of `public order'. As a result, the jurisdiction and powers of the CBI have widened and deepened and have far exceeded than what was contemplated under the Delhi Special Police Act, 1946.“&lt;br /&gt;
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The committee, headed by E M Sudarsana Natchiappan, points to “judicial activism of higher judiciary by taking pains of overseeing an investigation and passing interim directions to the CBI and even preempting the rights and remedies available to affected persons under criminal justice system. It may , therefore, appear to affected persons as a pre-emptive and colourable exercise of power by the superior courts“.&lt;br /&gt;
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=Key rulings, year-wise=&lt;br /&gt;
==2015==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=NJAC-poll-eligibility-Jat-quota-key-2015-rulings-01012016012012 ''The Times of India''] Jan 01 2016&lt;br /&gt;
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Amit Anand Choudhary&lt;br /&gt;
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''' Women's Rights Too Hogged Limelight In SC '''&lt;br /&gt;
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In the year gone by , the Supreme Court constitutionally spurned the historic offer from Parliament to throw light on one of its darkest alleys -the road to appoint judges. Parliament enacted National Judicial Appointments Commission (NJAC) to bring in transparency in the process of appointment of judges in the apex court and high courts. But, the SC strangely put its vote on the opaque collegium system of judges selecting judges.&lt;br /&gt;
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The overwhelming public support for NJAC -the unanimous decision of Parliament and its ratification by 20 states -could not persuade the SC, which said independence of judiciary could be in danger if the Executive, the largest litigant, participated in selection of judges. But, the court was quite alive to the concerns of the public when it came to deciding the validity of Section 66A of Information Technology Act.&lt;br /&gt;
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It had no reservation in scrapping the law saying it impeded the citizens' right to freedom of speech and expression.&lt;br /&gt;
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The SC also saw through the politics behind the UPA 's decision ahead of the 2014 general elections to grant OBC status to Jats, seen as a prosperous community . The NDA too attempted to woo the Jats by defending the UPA decision. But, the SC minced no words and called the decision to give quota to Jats in jobs and admissions to educational institutions a `negative and retrograde' step.&lt;br /&gt;
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Irrespective of the political party in power, there has always been a tendency to project their top leaders in government advertisements with taxpayers' money . The SC put an end to it by ruling that no politician's face, except that of President and the Prime Minister, can be put in government advertisements.The chief ministers were the worst hit by this decision and many states have approached the SC to permit the photos of CMs to be displayed in government advertisements.&lt;br /&gt;
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One may not need any educational qualification to become an MP or MLA. But in a significant decision, the SC upheld the Haryana government's law laying down educational criteria for panchayat polls.&lt;br /&gt;
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The SC virtually brought down the curtains on the long political career of former Haryana CM Om Prakash Chautala by upholding his conviction and 10-year jail term in teachers' recruitment scam case. N Srinivasan, who was at the helm of BCCI was bowled out by the SC which condemned him for failing to maintain purity of the `gentleman's game' by blinking at the maladies like betting and spot-fixing.&lt;br /&gt;
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The court saw a midnight drama just before the scheduled hanging of Yakub Abdul Razak Memon, the lone condemned prisoner in 1993 serial blasts case of Mumbai. Despite repeatedly rejecting his plea for life sentence, the SC did not hesitate to hear his advocates again when they knocked at its doors in a last gasp attempt.&lt;br /&gt;
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The court passed a series of orders in 2015 to reinforce the rights of women who are despised by society for living an unconventional life.In a path-breaking verdict, it ruled that an unwed mother must be recognised as a legal guardian of her child and she cannot be forced to reveal the name of the father or seek his consent to get guardianship of the child.&lt;br /&gt;
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It also held that an unmarried couple, living together as husband and wife, would be presumed to be legally married and the woman would be eligible to inherit the property after the death of her partner. It also held that a woman was entitled to maintenance from her live-in partner.&lt;br /&gt;
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The court also expressed concern over women being used as surrogate mothers by foreigners and directed the government to ban commercial surrogacy . This prompted the Centre to roll back its 2013 decision allowing import of human embryos for artificial reproduction.&lt;br /&gt;
==2016: Important judgements==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=From-homebuyers-to-beard-growers-cricket-czars-to-30122016017022  AmitAnand Choudhary: SC rulings in some important judgements, Dec 30, 2016: The Times of India]&lt;br /&gt;
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Cloaked constitutionally to do complete justice, the Supreme Court in 2016 played referee in a variety of matches relating to legality of decisions in areas as diverse as politics, cricket, finance and religious practice.&lt;br /&gt;
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In the political arena, it red carded the Arunachal Pradesh governor for dismissing a Congress government led by Nabam Tuki and ordered its resurrection.&lt;br /&gt;
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But Congress failed to reap benefits of this landmark decision. Tuki could not reclaim the chief minister's chair. It went to Pema Khandu. Later, Congress legislators under Khandu stormed out of the grand old party to from a new outfit.&lt;br /&gt;
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Dealing a double blow to the NDA government, the SC also quashed the Centre's decision to dismiss the Congress government in Uttarakhand and impose central rule. The SC restored the Congress government led by Harish Rawat, who had better luck than Tuki.&lt;br /&gt;
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In cricket, the apex court continued its role as a tough umpire and imposed stringent field restrictions for the management to force them to implement its July 18 verdict to bring transparency and accountability in cricket administration.&lt;br /&gt;
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The Decision Review System (DRS) did not help.The SC dismissed the BCCI's two petitions seeking review of the reforms judgment, sending a clear signal to the board to fall in line.&lt;br /&gt;
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New Year could herald more problems as the SC will decide whether to appoint an administrator for BCCI in the first week of January .Not only this, the SC's decision in the contempt of court petition against BCCI president Anurag Thakur will also set a new milestone.&lt;br /&gt;
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The reforms judgment was based on a report by a committee headed by former CJI R M Lodha and com prising former SC judges Ashok Bhan and R V Raveendran. The court accepted each and every suggestion of the committee for infusing transparency and objectivity in the administration and finances of the board.&lt;br /&gt;
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In the financial sphere, Prime Minister Narendra Modi's big-ticket decision to rid the country of black money through demonetisation came under the SC scanner through scores of PILs. The court attempted to regulate government action to provide succour to common people facing harassment because of currency crunch.&lt;br /&gt;
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Though the SC took note of the hardship faced by common people because of demonetisation, it referred to a five-judge bench to determine the constitutional validity and procedural reasonableness of the policy decision.&lt;br /&gt;
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Public interest figured high on the SC's list of business in 2016, when it passed a slew of directions to reduce pollution. Its interference also forced the Haji Ali dargah management to allow women to enter its inner sanctum, which had remained closed for them since 2012. The court is also dealing with petitions to open the doors of Sabarimala temple in Kerala to women irrespective of their age. At present, women in the menstruating age are barred from entering the temple because of the deity's celibacy.&lt;br /&gt;
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But 2016 will go down in history as one of those years when the relationship between the judiciary and the executive touched the nadir.CJI TS Thakur slammed the government for sitting over recommendations for appointment of judges to high courts, which fought a monstrous pendency of cases with their backs to the wall as 43% of judges' posts remain vacant.&lt;br /&gt;
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The government hit back saying the CJI-headed collegium had not been finalising the memorandum of procedure for appointment of judges, which was ordered to be re-framed by a fivejudge SC bench.&lt;br /&gt;
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Without the new MoP, it would be improper to continue appointment of judges as per the `opaque' system followed by the collegium, the government said and reminded the CJI about the `laxman rekha'. Despite the CJI's criticism, the law minister claimed that the Centre had appointed a record 126 judges to HCs in 2016.&lt;br /&gt;
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After putting cricket czars in a fix with the bitter dose of reforms, ex-CJI R M Lodha was called upon by the SC to suggest reforms in administration of medical education in the country by scrutinising alleged mismanagement in Medical Council of India. The SC also asked Justice Lodha to supervise the sale of assets of Pearl group and refund Rs 49,000 crore to public who had invested in the firm's illegal collective investment scheme (CIS).&lt;br /&gt;
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It held that people from the Muslim community could not be allowed to grow beard after joining IAF, saying that discipline, uniformity and cohesiveness in armed forces was too important to be sacrificed for religious belief of its personnel who want to follow the practice which was against rules of a defence force.&lt;br /&gt;
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The year also kept the SC busy in exploring ways to tackle the pollution crisis in the national capital. It passed a slew of directions including restricting entry of trucks into Delhi and imposing 1% environment cess on diesel SUVs and high-end private cars with engine capacity of 2000cc and above.&lt;br /&gt;
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The court came to the rescue of several home buyers, harassed by real estate developers not handing over possession of flats on time.The court made it clear to developers that they would have to deliver as per their promise irrespective of whether they “sink or die“.&lt;br /&gt;
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==2017==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F01&amp;amp;entity=Ar01217&amp;amp;sk=4E1495DC&amp;amp;mode=text  Dhananjay Mahapatra, SC rulings settled national debates in 2017, but it weakened internally, January 1, 2018: ''The Times of India'']&lt;br /&gt;
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Attitude, approach and rectitude of a Chief Justice of India brings in marked changes in the core character of the Supreme Court. In 2017, the SC saw three CJIs. But Justice J S Khehar, followed by Justice Dipak Misra, set the ball rolling by taking up for adjudication constitutional issues that were brushed under the carpet for years.&lt;br /&gt;
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Many constitution benches were set up to deal with pending issues — from validity of Aadhaar which halfway through gave birth to the path-breaking right to privacy as a fundamental right, to tricky issues like misbehaviour of a sitting high court judge.&lt;br /&gt;
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This made the SC appear truly a constitutional court, a role assigned by the Constitution and envisaged by the framers of the Constitution. The SC, sitting at the top of the three-tier judiciary, had for the last two decades got mired in too many PILs, giving fodder to politicians to slam the judiciary for encroaching into the executive’s domain.&lt;br /&gt;
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In the 2017 balance sheet, the SC had many positives. To overcome an eight-judge bench decision negating the fundamental nature of right to privacy more than 50 years ago, a nine-judge bench took up the important issue for scrutiny keeping in mind citizens’ vulnerability to present day gadget-encouraged intruding tendencies.&lt;br /&gt;
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“Right to privacy is an integral part of right to life and personal liberty guaranteed in Article 21 of the Constitution,” the nine-judge bench ruled unanimously while comprehensively rejecting the NDA government’s stand against privacy being conferred the status of fundamental right.&lt;br /&gt;
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The SC shed its traditional nervousness in dealing with issues having religious overtones to set up a multifaith five-judge bench to examine petitions by Muslim women challenging the legality of triple talaq, a tool used by Muslim men to divorce wives instantaneously.&lt;br /&gt;
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The bench ruled that triple talaq was arbitrary and violated right to equality guaranteed under Article 14 because it gave Muslim men unilateral right to terminate marriage without any rapprochement. It was a decisive step towards gender equality, which for centuries was strangulated in the&lt;br /&gt;
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name of religion. The SC ruled that triple talaq was not sanctioned by the Quran and hence not part of Islamic religious practices.&lt;br /&gt;
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Following the footsteps of the Bombay High Court which threw open the Shani Shingnapur temple to women, the SC helped women gain entry into the sanctum sanctorum of the famous Haji Ali dargah in Mumbai. The SC’s nudge made the Valsad Zoroastrian panchayat permit two Parsi women, forbidden from entering the Tower of Silence because they married outside the community, to enter the premises to perform the last rites of parents.&lt;br /&gt;
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A bench of top seven SC judges, including the CJI, was constituted to deal with open defiance and derogatory comments of sitting Calcutta HC judge Justice C S Karnan.&lt;br /&gt;
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Putting a premium on judicial discipline, decorum and dignity, the bench sentenced Justice Karnan to sixmonth imprisonment holding him guilty of contempt. For the first time in the SC’s 67-year history, a sitting judge was jailed. Though embarrassing, it sent a loud message to everyone, both within and outside judiciary, about non-negotiability of rule of law and judicial dignity.&lt;br /&gt;
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If decisions on right to privacy, triple talaq and Justice Karnan settled raging national debates, the SC’s upholding of a trial court decision to convict and sentence V K Sasikala in a DA case had a tectonic effect on Tamil Nadu politics. Tremors of the verdict continue to smudge the state’s political canvas.&lt;br /&gt;
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Concerned by alarming levels of pollution, the SC on Diwali-eve banned sale of crackers in Delhi and the National Capital Region. But the decision was hardly a deterrent as pollution refuses to go away.&lt;br /&gt;
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The Medical Termination of Pregnancy (MTP) Act permitted a woman to terminate a problematic pregnancy or diseased foetus only up to 20 weeks. When the SC on humanitarian considerations allowed a minor to terminate her over 20-week pregnancy, there was a deluge of similar applications.&lt;br /&gt;
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The SC turned into a window of hope for distressed women with more than 20 week pregnancies to get medical boards’ opinions for safe termination. A pertinent questioned emerged from this exercise — should Parliament amend the law to allow termination of over 20-week pregnancies in exceptional situations?&lt;br /&gt;
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One cannot end the narrative for the year in the SC without mentioning the medical admission scam that saw a retired HC judge arrested and indicated possible involvement of a sitting Allahabad HC judge. The scam threatened to singe the SC itself with spirited advocates insinuating against the incumbent CJI. Rules were thrown to the winds when advocates decided to pursue PILs on the issue before a particular bench, which obliged.&lt;br /&gt;
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The crisis made CJI Misra hurriedly constitute a fivejudge bench which ruled that the CJI was the master of the roster and no other judge could decide when and who would hear a petition. The course correction brought a diminishing trust quotient within the SC into the open.&lt;br /&gt;
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On the administrative side, the CJI instituted an inquiry into complaints against the Allahabad HC judge who had permitted a private medical college, despite complete a ban by the SC, to admit students for the 2017-18 academic year.&lt;br /&gt;
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Alarming level of vacancies in HC judges has remained stagnant at 40% of sanctioned strength. Nine HCs are without chief justices. The SC has six vacancies. 2018 has to be the year of appointments. The CJI-headed collegium must attempt to fill SC vacancies, followed by appointment of CJs to HCs.&lt;br /&gt;
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Two years have passed since a constitution bench ordered framing of memorandum of procedure for appointment of judges. Sadly, the law minister and the collegium have not been able to sort out contentious issues. It is time for wise heads, in the government and the judiciary, to resolve this lingering disagreement, which is impacting speedy justice.&lt;br /&gt;
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=Landmark shifts of stance=&lt;br /&gt;
==Case studies, seven==&lt;br /&gt;
[http://articles.timesofindia.indiatimes.com/2010-01-23/india/28127376_1_ninth-schedule-due-process-shifts The Times of India]&lt;br /&gt;
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''' Case studies: Supreme Court’s landmark shifts ''' &lt;br /&gt;
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The apex court is rightly hailed for its stellar role. But little has been written about its dramatic shifts on a range of key issues. TOI brings you the untold story &lt;br /&gt;
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''' Manoj Mitta ''' &lt;br /&gt;
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Raising a toast for the establishment of the Supreme Court as India turned into a Republic, C K Daphtary, who went on to become the first solicitor general, said in January 1950, “A republic without a pub is a relic!” &lt;br /&gt;
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Jokes apart, no appraisal of the 60 years of the Indian Republic can ignore the stellar role played by the Supreme Court in maintaining the constitutional scheme of checks and balances. Equally, no appraisal of the Supreme Court can be complete without delving into the vagaries of its rulings, for better or for worse — especially because the shifts in its position have not always been for reasons beyond its control. &lt;br /&gt;
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This somewhat awkward aspect has however received little attention, perhaps because of the reverence reserved for the higher judiciary. Here is an attempt to focus exclusively on the judicial shifts made by the Supreme Court through the 60 years of its existence on a range of key issues. &lt;br /&gt;
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'''Somersault on due process'''&lt;br /&gt;
The first major constitutional issue decided by the Supreme Court came out of the preventive detention of communist leader A K Gopalan, in whose honour the headquarters of CPM is named. The issue was whether somebody’s detention could be justified merely on the ground that it had been carried out “according to the procedure established by law,” as stipulated in Article 21 of the Constitution. Or, would that procedure be valid only if it complied with principles of natural justice such as giving a hearing to the affected person? &lt;br /&gt;
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In the A K Gopalan case of 1950, the Supreme Court, taking a narrow view of Article 21, refused to consider if the procedure established by law suffered from any deficiencies. Fortunately, three decades later, it took a 180 degree turn on this issue in the Maneka Gandhi case of 1978. The provocation was the arbitrary law that had allowed the Janata Party government to take away Maneka’s passport without any remedy. Importing the American concept of due process, the Supreme Court ruled that the procedure established by law for depriving somebody of their life or personal liberty had to be “just, fair and reasonable”. &lt;br /&gt;
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'''Reduction of Parliament’s power to amend the Constitution'''&lt;br /&gt;
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Validity of the very first constitutional amendment was challenged mainly because it had inserted the Ninth Schedule to insulate agrarian laws from being tested in courts. The issue facing the Supreme Court was to determine the extent to which Parliament could go while exercising its amending power under Article 368. This is how SC shifted its position more than once on this crucial issue. &lt;br /&gt;
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First, in the Shankari Prasad case of 1951, it ruled that since no limits had been spelt out in Article 368, the power to amend the Constitution included abridgement of even fundamental rights. &lt;br /&gt;
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Next, in the Golaknath case of 1967, it betrayed second thoughts on trusting Parliament with such unfettered discretion under Article 368. Since Article 13 stipulated that every law enacted by Parliament had to comply with fundamental rights, the Supreme Court read that limitation into constitutional amendments as well. &lt;br /&gt;
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Finally, in the Kesavananda Bharati case of 1973, the SC held that the condition prescribed by Article 13 of complying with fundamental rights applied only to ordinary laws, not constitutional amendments. Taking the middle path, it said the only limitation on Article 368 was that a constitutional amendment could not alter the “basic structure” of the Constitution (such as the sovereignty of the country or its secular character). &lt;br /&gt;
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'''Enlarging the scope of judicial review'''&lt;br /&gt;
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For decades, the most abused provision of the Constitution was the sweeping power conferred on the President — in other words, the Central government — to dismiss a duly elected state government. The validity of actions taken under Article 356 of the Constitution went before the Supreme Court for the first time in 1977 when the then newly elected Janata Party government at the Centre had dismissedCongress governments in states for no reason other than the fact that it wanted to hold early elections. &lt;br /&gt;
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But the Supreme Court, in what is known as the State of Rajasthan case of 1977, declined to intervene, ostensibly to avoid entering the political thicket. The President’s satisfaction that the state concerned could not be carried on in accordance with the provisions of the Constitution was, it said, not subject to judicial review. The apex court however reversed its stand in the S R Bommai case of 1994, where it held that a proclamation under Article 356 could be struck down if it was “found to be mala fide or based on wholly irrelevant or extraneous grounds”. Subjecting the President’s satisfaction to judicial review, the Bommai verdict clarified that the power conferred by Article 356 was a conditional one, not absolute. &lt;br /&gt;
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'''Changing conception of compensation'''&lt;br /&gt;
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Many a legal battle has been fought on the vexed issue of compensation payable to affected parties when a property has been acquired by the government. The question of interpreting the compensation promised by the Constitution arose for the first time in the Bela Banerjee case of 1954 involving a West Bengal law which sought to pay off the owners on the basis of the market value of their land on some distant date in the past. Rejecting the socialistic arguments of the state, SC laid down that the compensation should be “a just equivalent of what the owner has been deprived of”. &lt;br /&gt;
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In a bid to get over the effect of the Bela Banerjee case, the Nehru government amended the Constitution stipulating that no law dealing with the manner in which compensation was to be given “shall be called in question in any court on the ground that the compensation by that law is not adequate”. This in turn triggered a chain of a vacillating judgments and another constitutional amendment on the compensation issue. It culminated in the shift from the categorical “just equivalent” in the Bela Banerjee case to a limp admission in the Kesavandanda Bharati case of 1973 that the amount need not be equivalent, so long as it was “not illusory”. &lt;br /&gt;
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'''Diversity on quotas'''&lt;br /&gt;
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Caste-based reservations in jobs and educational institutions are another contentious issue on which the Supreme Court has had to change its position in keeping with the times. Its initial response was completely adverse. In the Champakam Dorairajan case of 1951, the Supreme Court slammed caste-based reservations as a violation of the Constitutional prohibition of discrimination. It was however forced to take a more accommodative view of social justice once the Nehru government responded with the first constitutional amendment stipulating that the general prohibition of discrimination could not prevent the state from making any special provision for the advancement of SCs, STs and OBCs. &lt;br /&gt;
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Having reconciled to the imperative of quota, the Supreme Court, in the M R Balaji case of 1963, imposed a cap of 50% on the extent of reservations for all the categories taken together, in a bid to ensure that the exception did not exceed the general rule of non-discrimination. Following the Mandal controversy, the Supreme Court, in the Indra Sawhney case of 1993, upheld the introduction of quota for OBCs in Central government jobs subject to the exclusion of the “creamy layer” (candidates whose parents are relatively wealthy or better educated). &lt;br /&gt;
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'''Seasonal change on economic policy'''&lt;br /&gt;
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True to its reputation of giving precedence to individual liberty over socialistic schemes, the Supreme Court, in the Bank Nationalization case of 1970, displayed no inhibition in probing the allegations that the Indira Gandhi’s government’s economic policy was discriminatory and deficient on compensation. As a corollary, it even struck down the nationalisation law. &lt;br /&gt;
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But post-liberalisation, the SC, in the Balco case of 2001, upheld the Vajpayee government’s disinvestment policy by adopting the principle that “in the case of a policy decision on economic matters, the courts should be very circumspect in conducting any inquiry and must be most reluctant to impugn the judgment of the experts.” &lt;br /&gt;
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'''Turning consultation into concurrence'''&lt;br /&gt;
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This shift has earned the Supreme Court the opprobrium of turning the judiciary into a “self-perpetuating oligarchy”. For, all that the Constitution has prescribed in the appointment of judges to the Supreme Court is that the Chief Justice of India “shall always be consulted”.&lt;br /&gt;
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==`Freedom fighters' (false ones) granted pension==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=SC-grants-pension-to-fake-freedom-fighters-02112016010083  Dhananjay Mahapatra,  SC grants pension to `fake freedom fighters', Nov 02 2016 : The Times of India]&lt;br /&gt;
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Strange are the ways of the Supreme Court in dispensing justice. On the one hand, it ordered inquiry into alleged forging of freedom fighter certificates to claim pension and on the other, when the pensions were cancelled, it restored them on humanitarian grounds.&lt;br /&gt;
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In August 2005, the SC had appointed the Justice A B Palkar Commission to examine the case of a large number of people claiming pension as freedom fighters by allegedly forging certificates in Beed district. It had said those falsely claiming to have participated in the freedom struggle should be dealt with sternly as they were “traitors“. It had directed the Palkar panel to complete the inquiry into claims of 354 people for freedom fighter pension and submit a report to the Maharashtra government.The panel had rejected the claims of 298 of 354 people and termed their documents “bogus“.&lt;br /&gt;
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When the state govern ment cancelled their pensions relying on the Palkar commission report, the elderly people moved the Bombay HC and pleaded, “We are all senior citizens. At this ripe age, if we are deprived of pensionary benefits, we will not be in a position to eke out a livelihood.“ Given the SC's stern mandate in 2005 to separate the genuine freedom figh ters from the impersonators, the HC refused to give relief.&lt;br /&gt;
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They made a final dash to the SC and pleaded before a bench of Justices Kurian Joseph and R F Nariman that withdrawal of pensions would mean starvation. The Justice Joseph-headed bench was caught in a situation where being legally correct would mean starvation for the petitioners.&lt;br /&gt;
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What came to the bench's rescue was a 2013 judgment of the apex court which had dealt with similar pleas. It had said, “In our opinion, keeping in view the fact that at this old age, if small benefit that was already granted to them is withdrawn, it may be difficult for them to sustain themselves. In that vi ew of the matter, in the peculiar facts and circumstances of the case, we set aside the order of the Bombay HC.“ However, the court had said pensions would stop with the death of the false freedom fighters.&lt;br /&gt;
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Justices Joseph and Nariman were quick to adopt the same stand. They said, “We find force in the submissions made by the counsel for Maharashtra that in many of these cases, the appellants have actually not participated in any freedom struggle. However, taking note of the only fact that these cases arise out of the same batch of appeals, we feel that it may not be proper to take a different view (than that taken in 2013).“&lt;br /&gt;
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== Medical colleges: Vacant super-specialty seats courses ==&lt;br /&gt;
[[File: Vacant super specialty seats courses in medical colleges.jpg|   ‘A two-judge Supreme Court bench ordered filling up of 553 vacant seats in super-specialty courses in medical colleges just two days after a three-judge bench rejected such a plea’ &amp;lt;br/&amp;gt; From [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=2-judge-bench-does-what-3-judge-SC-17102017001061 '' The Times of India ''] |frame|500px]] &lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=2-judge-bench-does-what-3-judge-SC-17102017001061     Dhananjay Mahapatra | 2-judge bench does what 3-judge SC bench refused | Oct 17 2017 : The Times of India (Delhi)]&lt;br /&gt;
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Eyebrows are being raised about a possible breach in judicial discipline after a two-judge Supreme Court bench ordered filling up of 553 vacant seats in super-specialty courses in medical colleges just two days after a three-judge bench rejected such a plea.&lt;br /&gt;
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On an application filed by Kerala Christian Professional College Management Federation in the pending petition of Dr Himank Goyal, a bench of Justices Adarsh Kumar Goel and U U Lalit directed on October 11: “For the remaining 553 unfilled super-specialty seats lying vacant, the DGHS may hold a mop-up counselling in an endeavour to fill up such seats within a period of 10 days.“ Those offered seats through this mop-up counselling were asked by the bench to join within four days. Just two days before this, on October 9, a PIL by `Education Promotion Society of India' had sought permission from a bench of CJI Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud to fill up vacant superspecialty course seats. The bench dismissed the petition.&lt;br /&gt;
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It could not have passed an order different from its September 22 one when it turned down pleas to extend the deadline for filling vacant seats.&lt;br /&gt;
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On September 22, a bunch of applications by various medical colleges, including the one by Dr Himank Goyal, came up for hearing before the threejudge bench headed by the CJI.&lt;br /&gt;
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The bench said, “There was an echo of concern that seats are going vacant and, therefore, there is necessity ... to extend the date. If we permit ourselves to say so, the concern travels from rational to emotional sphere.“&lt;br /&gt;
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However, Medical Council of India counsel Gaurav Sharma opposed vehemently and said the SC had extended the time till September 14 and if students did not avail of the opportunity , “it would be anathema to the concept of law to grant extension at the behest of institutions or the students“.&lt;br /&gt;
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Sharma said, “Mainte nance of discipline is of transcendental significance in the sphere of admission to medical colleges.“&lt;br /&gt;
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He said granting fur ther extension would usher chaos as stu dents who were not eligible or defaulted would gain admission. The threejudge bench said, “A sense of concern is one thing, but sustenance of discipline and order is another aspect. Weighing both the concepts in a balanced manner, we unhesitatingly come to the conclusion that the prayers made in the applications do not deserve any acceptance and stand rejected.“&lt;br /&gt;
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A fortnight later, an identical request for filling up superspecialty seats in medical colleges was allowed by a twojudge bench, which, in its order, did not refer to the threejudge bench's orders.&lt;br /&gt;
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==Political fallout taken into consideration==&lt;br /&gt;
''' When Supreme Court considered the political fallout of its verdict ''' &lt;br /&gt;
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Dhananjay Mahapatra [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=When-Supreme-Court-considered-the-political-fallout-of-07012015024005 ''The Times of India''] Jan 07 2015&lt;br /&gt;
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The political fallout of a judicial decision has seldom bothered the judiciary, but it appears that in 2012 the Supreme Court delayed the judgment on the CBI's probe into disproportionate assets cases against the Samajwadi Party chief and his sons to await completion of assembly elections.&lt;br /&gt;
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On March 1, 2007, just before the assembly elections, an SC bench headed by Justice A R Lakshmanan had ordered the CBI to probe into alleged disproportionate assets of Mulayam Singh Yadav and his sons on a PIL filed by Vishwanath Chatur-vedi. Justice Lakshmanan retired on March 21, 2007 and was immediately appointed as chair man of the Law Commission.&lt;br /&gt;
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Yadavs filed petitions seeking review of the March 1, 2007 judgment questioning the jurisdiction of the SC to order CBI probe without the consent of the state government on a politically motivated petition.The review petitions were heard by a bench of Justices Altamas Kabir and H L Dattu, which reserved its judgment on February 17, 2011.&lt;br /&gt;
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Internal communication between Justice Kabir and Justice Dattu, accessed by TOI, shows, among other things, the ground for delay in pronouncing the judgment was the possible political fal lout of its decision in this case.&lt;br /&gt;
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In June 2012, Justice Kabir wrote to Justice Dattu: “I deliberately waited till after the UP elections to pronounce the judgment so that the level playing field was not disturbed.“ The UP Assembly elections were held between February 8, 2012 and March 3, 2012. SP swept the polls and Akhilesh Yadav became the chief minister.&lt;br /&gt;
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Just days before the verdict on December 13, 2012, Justice Kabir sent the draft judgment to Justice Dattu for his approval. In the note attached to the draft judgment, Justice Kabir had referred to the CBI's flip-flops in the case and said, “This dual stand in the submissions of the highest investigating agency cannot be appreciated by this court.“&lt;br /&gt;
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Justice Dattu agreed with Justice Kabir, who had by then become the Chief Justice of India, that the CBI stand had been confusing.However, he clarified that “while making submissions (on behalf of the CBI) it has been highlighted that substantial prima-facie elements are there to conduct an investigation“.&lt;br /&gt;
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He also felt that there was no substantial evidence against Dimple Yadav and no further investigation needed to be carried out against her.But Justice Dattu was firm against quashing the entire proceedings regarding disproportionate assets. Justice Dattu wrote back: “As discussed with you, quashing of the entire proceedings regarding disproportionate assets, which is evident on the face of records, will not only be doing injustice but also create a political turbulence. We are directing only CBI probeinvestigation and not holding them guilty . If nothing is found, they are acquitted. But in fitness of things a thorough investigation is needed.“&lt;br /&gt;
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The judgment on the review petitions was pronounced on December 13, 2012. The court held that the CBI probe into alleged disproportionate assets of Mulayam, Akhilesh, and Prateek Yadav as ordered by the SC on March 1, 2007 was justified.&lt;br /&gt;
==Vyapam-Tainted Doctors: Conflict Over their Fate==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=2-judge-SC-bench-teaches-law-to-3-31082016014046  Aug 31 2016 : ''The Times of India'' (Delhi) 2-judge SC bench teaches law to 3-judge bench, Dhananjay Mahapatra]&lt;br /&gt;
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A three-judge bench of the Supreme Court headed by Justice J S Khehar on Tuesday got some constitutional and legal lessons from a two-judge bench headed by Justice J Chelameswar.&lt;br /&gt;
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The bench headed by Justice Khehar, who will become Chief Justice of India next year, was tasked with finding a solution to the conflict of opinion in a judgment rendered by the bench of Justices Chelameswar and A M Sapre in a case relating to punishment for those whose MBBS degrees were tainted by the Vyapam scam.&lt;br /&gt;
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Justices Chelameswar and Sapre had found instances of undeserving candidates taking advantage of irregularities in entrance examinations to bag MBBS seats.Justice Chelameswar had said they should be asked to render charitable healthcare for a certain period to retain their MBBS degrees. But Justice Sapre had said these degrees should be cancelled.&lt;br /&gt;
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The bench headed by Justice Khehar had asked whether the matter needed to be heard afresh to resolve the conflict of opinion and sought an answer from Justices Chelameswar and Sapre.&lt;br /&gt;
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The miffed two-judge bench on Tuesday did not read out the judgment and merely signed it, departing from the usual practice where judges read out the operative portion of the verdict.&lt;br /&gt;
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It said, “We completely fail to understand the reference made to Article 145(5) of the Constitution in the July 28, 2016 order (of the three-judge bench).“ Article 145(5) provides that the court should not pronounce a judgment without the concurrence of a majority of the judges on the bench which heard the case. However, it also says this would not prevent a judge from delivering a dissent judgment or opinion. Justices Chelameswar and Sapre said, “We are of the opinion that neither the Constitution of India nor any other law of this country provides an intra-court appeal insofar as the Supreme Court is concerned. A rehearing of the entire matter as apparently suggested by the larger bench, in our opinion, would amount to an intra-court appeal.“&lt;br /&gt;
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As a final message to the three-judge bench which appeared to have a touch of judicial sarcasm, the two-judge bench said, “If the larger bench of this court wishes to create an intra-court appeal, we obviously are powerless to stop it. We can only record our understanding of the law on the question and it is as recorded above.“&lt;br /&gt;
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==3-judge bench overrules 3-judge 2014 land acquisition judgment==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F22&amp;amp;entity=Ar00302&amp;amp;sk=DE4B463A&amp;amp;mode=text  Dhananjay Mahapatra &amp;amp; Amit Anand Choudhary, SC in knots as its 3-judge bench overrules another of same strength, February 22, 2018: ''The Times of India'']&lt;br /&gt;
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The Supreme Court appeared to have tied itself in knots on Wednesday, with a three-judge bench questioning the judicial propriety and discipline of another three-judge bench, which had on February 8 overturned yet another three-judge bench’s 2014 judgment on land acquisition.&lt;br /&gt;
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The subject matter was important as it involved the acquisition of land and payment of compensation to land-owners, mainly farmers. But the two-hour-long proceedings before a bench of Justices Madan B Lokur, Kurian Joseph and Deepak Gupta brought back flashes of the smouldering discontent among the four most senior judges which had erupted in an unprecedented press conference on January 12.&lt;br /&gt;
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''' SC asks HCs not to pass any order on land acquisition ''' &lt;br /&gt;
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What the bench of Justices Lokur, Joseph and Gupta questioned on Wednesday was the judgment by a three-judge bench headed by Justice Arun Mishra terming a 2014 “Pune Municipal Corporation” judgment by a bench of identical strength as “per incurium” (decision rendered without taking care of facts and law). Interestingly, the Pune Municipal Corporation judgment was rendered on January 24, 2014 by a bench of Justices R M Lodha, Lokur and Joseph.&lt;br /&gt;
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The Justice Lokur-headed bench, in an interim order, asked high courts not to pass any order on pending land acquisition issues, thus stalling implementation of the February 8 judgment. It also requested other benches of the apex court to defer hearing on petitions on this issue.&lt;br /&gt;
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Former attorney-general Mukul Rohatgi provided the spark that reignited the “discipline” and “propriety” issue that has hurt unity among SC judges. Rohatgi said propriety demanded that the three-judge bench, if it did not agree with the earlier three-judge bench decision, send the issue for consideration before a larger bench. He said what was worse was that the same bench had been disposing of scores of cases based on the ruling given by it on February 8 in complete disregard of the farmers’ interest.&lt;br /&gt;
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Justice Joseph poured out his “painful concern” and said, “The Supreme Court operates on a system and principle which are holy. If you start tinkering with it, what will happen? Everyone must think about it — both judges and lawyers. We will go one day but the institution must go on forever. There is a method and procedure to be followed. If the Supreme Court has to be one, it has to be made one. To make it one, you need judicial discipline. “The Supreme Court is one and must not speak in 14 voices (indicating that the existing 14 benches must not speak differently on the judicial side). It is not good for the institution.”&lt;br /&gt;
Rohatgi recounted the right to privacy issue and said as attorney-general, he had argued before a five-judge bench that it could not decide the issue as an eight-judge bench had earlier ruled that privacy was not a fundamental right. “Overnight, a nine-judge bench was set up by the CJI which overruled the eight-judge bench decision. That is the procedure and discipline,” he said to rub it in.&lt;br /&gt;
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Senior advocate P S Patwalia, appearing for Haryana, defended the recent ruling of the Justice Arun Mishra-headed bench and said the law’s misuse was stopped by this judgment and Justice Joseph’s views were rather strong. Justice Joseph clarified, “It is not strong views but my painful concern. If one bench of the SC wants to correct an earlier ruling by another bench of identical strength, then there is a process to do it.” Rohatgi chipped in and said if the Pune Municipal Corporation judgment required to be reconsidered, the correct procedure would have been to refer it to a five-judge bench.&lt;br /&gt;
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The Supreme Court operates on a system and principles which are holy. If you start tinkering with it, what will happen?&lt;br /&gt;
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===Referral:  2-Judge Bench Pre-Empts 3-Judge Bench ===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F23&amp;amp;entity=Ar01212&amp;amp;sk=D8CDD9F6&amp;amp;mode=text  Dhananjay Mahapatra &amp;amp; Amit Anand Choudhary, Judicial discipline? It’s complicated, February 23, 2018: ''The Times of India'']&lt;br /&gt;
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''2-Judge Bench Pre-Empts 3-Judge One From Passing Order For Referral''&lt;br /&gt;
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The knotty issue of ‘judicial discipline and propriety’ in contradictory judgments on land acquisition being tossed between two threejudge benches of the Supreme Court got further complicated on Thursday with two two-judge benches referring the matter to Chief Justice of India Dipak Misra for resolution by a larger bench.&lt;br /&gt;
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A threejudge bench headed by Justice Madan B Lokur had taken umbrage to a three-judge bench headed by Justice Arun Mishra on February 8 overruling a 2014 verdict given by another three-judge bench in the ‘Pune Municipal Corporation’ case, terming the earlier judgment as “per incurium”. Both the cases concerned land acquisition.&lt;br /&gt;
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Upon being told by senior advocate Mukul Rohatgi about the February 8 verdict, the bench led by Justice Lokur and comprising Justices Kurian Joseph and Deepak Gupta viewed it as breach of “judicial discipline and propriety”.&lt;br /&gt;
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Justices Lokur and Joseph, two of the four seniormost judges of the SC, were co-authors of the ‘Pune Municipal Corporation’ verdict.&lt;br /&gt;
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In an interim order, the Justice Lokur-headed bench requested other SC benches and high courts not to take up matters related to land acquisition dealt in the two contradictory judgments. It said it would decide the future course of action — whether to refer the matter to a larger bench.&lt;br /&gt;
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On Thursday, a land acquisition case was listed before a bench of Justices Arun Mishra and Amitava Roy and the threejudge bench’s interim order was brought to its notice.&lt;br /&gt;
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While stating that Wednesday’s interim order was a “sort of moral injunction” on them, Justice Mishra, who headed the three-judge bench that overruled the 2014 judgment, addressed the issue frontally and squarely. “We had taken a definite view that the 2014 judgment was ‘per incurium’ and it was permissible in law to take that view. We had pondered (while writing the February 8 judgment) over the issue — whether the matter required to be referred to a larger bench given the three-judge bench’s 2014 judgment, and then took a conscious decision (to term it ‘per incurium’ and overrule it). Whether it amounts to judicial discipline, or not, is for the larger bench to decide,” he said.&lt;br /&gt;
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Justices Mishra and Roy referred the matter to the CJI for adjudication by a larger bench, which most probably will be a five-judge bench. By this order, the Justice Mishra-led bench pre-empted the three-judge bench headed by Justice Lokur from passing order for referral to a larger bench.&lt;br /&gt;
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Justice Mishra said, “We have taken a considered view (in the February 8 judgment). It is over 200 pages. Probably, no one has read it but it (the judgment) has been targeted. First read and then analyse. ‘Judicial discipline’ has become a magic word to target us.”&lt;br /&gt;
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In another twist to fast-paced events in the SC, another two-judge bench of Justices Adarsh Goel and U U Lalit too rescheduled a land acquisition case on Thursday when it was informed by Rohatgi about Wednesday’s interim order by Justice Lokur’s bench.&lt;br /&gt;
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The bench ordered, “We are of the view that having with regard to the nature of the issues involved in the matter, the issues need to be resolved by a larger bench at the earliest. These matters may be placed before the appropriate bench on February 23 as per orders of the CJI.”&lt;br /&gt;
&lt;br /&gt;
=Late night hearings and judgements=&lt;br /&gt;
==Till 2015==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=SC-has-answered-two-more-midnight-knocks-31072015018031 ''The Times of India''], Jul 31 2015 &lt;br /&gt;
&lt;br /&gt;
''' SC has answered two more midnight knocks '''&lt;br /&gt;
&lt;br /&gt;
Mumbai serial bomb blasts convict Yakub Memon was not the first one to knock at the Supreme Court's door past midnight.&lt;br /&gt;
&lt;br /&gt;
What made Yakub's petition unprecedented was the one-and-a-half hour long postmidnight hearing that lasted till the crack of dawn. Earlier, the hearings after court hours were mainly held at the residence of the senior judge presiding over the bench.&lt;br /&gt;
&lt;br /&gt;
On April 8, 2013, lawyers of condemned prisoner at Jabalpur Central Jail, Maganlal Barela, who was to be hanged at dawn on April 9 for killing his children, successfully moved the SC close to midnight. Barela averted the gallows, after all preparations were made to hang him, after rejection of his mercy petition by the President. The fax from the SC con veying the stay on Barela's hanging reached jail authorities just five hours before the scheduled hanging.&lt;br /&gt;
&lt;br /&gt;
Similarly , Nithari rape-murder convict Surinder Koli was scheduled to hang on September 9, 2014. At the intervening night of September 8-9, his lawyers, led by Indira Jaising, woke up justices H L Dattu and A R Dave and placed before them Koli's petition seeking re-hearing of his review petition. A three-judge bench later stayed the execution and ordered open court hearing.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==2018, May: swearing-in of Karnataka government==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F05%2F17&amp;amp;entity=Ar00501&amp;amp;sk=677C98EE&amp;amp;mode=text    Naheed Ataullah &amp;amp; Dhananjay Mahapatra, Only the 2nd midnight hearing in SC history, May 17, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The dramatic post-midnight hearing marks only the second time in the judicial history of independent India that such an event has taken place. In the previous instance, a three-judge Supreme Court bench began hearing a petition seeking postponement of Yakub Memon’s execution at 3.24am on July 30, 2015. At 4.46am, Yakub’s final petition was dismissed.&lt;br /&gt;
&lt;br /&gt;
'''NOTE: As we have seen above, the case regarding the swearing-in of the Karnataka government was not the second late-night hearing, but perhaps the fourth.  See [[Karnataka: political history ]]&amp;gt; 2018 '''&lt;br /&gt;
&lt;br /&gt;
=Lawyers’ insinuations =&lt;br /&gt;
==2019: A denigration of the judiciary==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F31&amp;amp;entity=Ar00302&amp;amp;sk=7510F3AA&amp;amp;mode=text  Dhananjay Mahapatra, Insinuations by lawyers make our job hard, says SC, January 31, 2019: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
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Ringing the alarm bell, the Supreme Court said in a hard-hitting judgment that it was becoming increasingly difficult for judges to render justice in a fair, impartial and fearless manner because of insinuations made by advocates in cases of political importance.&lt;br /&gt;
&lt;br /&gt;
“Whenever any political matter comes to court and is decided, either way, political insinuations are attributed by unscrupulous persons/ advocates. Such acts are nothing but an act of denigrating the judiciary itself and destroys the faith of the common man which he reposes in the judicial system,” a bench of Justices Arun Mishra and Vineet Saran said in its 75-page judgment.&lt;br /&gt;
&lt;br /&gt;
Taking note of the tendency among some advocates to rush to the media from courtrooms, the bench said “hunger for cheap publicity is increasing” and termed it as anathema to the standards of the noble profession. “Statutory rules prohibit advocates from advertising and cater to press/media,” it said, adding it had become common to dish out “distorted versions of court proceedings”.&lt;br /&gt;
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'''JUSTICE DELIVERY'''&lt;br /&gt;
&lt;br /&gt;
''Cases cannot decided by media trial, says apex court''&lt;br /&gt;
&lt;br /&gt;
This had a chilling effect on judges who could not go to the media with their point of view, the bench said. “It is making it more difficult to render justice in a fair, impartial and fearless manner,” the bench said and complained that making public accusations against judges was a tactic adopted by unscrupulous elements to “influence the judgment and even to deny justice with ulterior motives”.&lt;br /&gt;
&lt;br /&gt;
In the last year, apex court judges have faced a lot of insinuations from activist lawyers while dealing with politically sensitive matters — plea of Muslim parties for reference of Ayodhya land dispute to a five-judge bench, petition seeking quashing of UAPA charges against social activists including Sudha Bharadwaj and Gautam Navlakha, plea for SIT probe into judicial officer B H Loya’s alleged suspicious death, PILs for probe into Rafale jet purchase and petitions challenging the Centre’s decision to divest then CBI director Alok Verma of his powers.&lt;br /&gt;
&lt;br /&gt;
“Something has to be done by all concerned to revamp the image of the bar,” the SC said. Writing the judgment for the bench, Justice Mishra said, “It is impermissible to malign&lt;br /&gt;
&lt;br /&gt;
the system itself by attributing political motives and false allegations against the judicial system and its functionaries. Judges who are attacked are not supposed to go to the press or media to ventilate their point of view.”&lt;br /&gt;
&lt;br /&gt;
Taking note of hype created in media by certain advocates in matters of political importance, the SC said, “Cases cannot be decided by media trial... No outside interference is permissible. A lot of sacrifices are made to serve the judiciary for which one cannot regret as it is with a purpose and to serve judiciary is not less than the call of military service.&lt;br /&gt;
&lt;br /&gt;
“For the protection of democratic values and to ensure that rule of law prevails in the country, no one can be permitted to destroy the independence of the system from within or outside... Let each of us ensure our own institution is not jeopardised by the blame game and make an endeavour to improve upon its own functioning and independence.”&lt;br /&gt;
&lt;br /&gt;
The SC was testing the validity of the rule framed by Madras high court empowering it to debar an advocate to control situations which arose in the past, including shouting of slogans, using foul language against judges and vandalism. Though anguished by past conduct of lawyers in the HC, it struck down the rule and said the HC could not usurp disciplinary powers vested in bar councils.&lt;br /&gt;
&lt;br /&gt;
=Political interference=&lt;br /&gt;
==1967-2018==&lt;br /&gt;
Difficulty of being CJI in the shadow of politics over removal&lt;br /&gt;
&lt;br /&gt;
Dhananjay.Mahapatra 02 April 2018 The Times of India &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Renowned lawyer and senior Congress MP Kapil Sibal [in March 2018] accused the NDA government of “continuously assaulting the judiciary” while echoing Justice Jasti Chelameswar’s view that the Centre was “putting collegium recommendations on the back burner if the names are not to its liking”.&lt;br /&gt;
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Sibal was quoted as saying in a media report, “They have first filled educational institutions with R S S pracharaks. Now, they are trying to infiltrate the judiciary with people having such mindset.”&lt;br /&gt;
&lt;br /&gt;
A few weeks ago, Sibal had retorted to CJI Dipak Misra’s courtroom comment that he must read history by saying he was both a student and teacher of history. Sibal is well versed in the judiciary’s history too, we are sure. Probably, he needs to refresh his memory, especially because he is among the few in Congress strenuously pushing for moving a removal motion against CJI Misra in Parliament.&lt;br /&gt;
&lt;br /&gt;
The January 12 press conference by senior SC judges led by Justice Chelameswar against the CJI had attracted magnetic support from Left leaders friendly to a rebel judge. The Congress, in the process of replacing old warhorses with prime stallions to keep the party chariot competitive for the derby of general elections, decided to cash in on the situation as many important cases, including politically usable Ayodhya and death of judge B H Loya, were being heard by a CJI-led bench.&lt;br /&gt;
&lt;br /&gt;
Some Congress lawyer-MPs saw the opportunity to hit hard with a removal motion as the judiciary was red hot with an internal dissension fuelled by one person’s insatiable desire to wreak vengeance because he could not become CJI. Personal ambitions surely cause disturbances in the normal functioning of a system, be it judiciary or politics. And we surely don’t deny what Justice Chelameswar said in his March 21 letter, quoting Robert H Jackson, that “men are more often bribed by their loyalties and ambitions than by money”.&lt;br /&gt;
&lt;br /&gt;
Attempts are on to get the draft motion signed by 50 Rajya Sabha MPs, the number required for moving it in Parliament. Before we refer to pages of judicial history to understand Sibal’s comment that the NDA government is trying to fill judiciary with “such mindset”, a discussion on the fallout of a removal motion against the CJI will help understand the gravity of the situation.&lt;br /&gt;
&lt;br /&gt;
Today, the Congress with 54 MPs in RS may well be able to bring a removal motion against the CJI, howsoever frivolous or imaginary the charges may be. Tomorrow, the NDA, which too has more than 50 MPs in RS, could cook up some charge to bring a removal motion against the No.2 in the SC. Another party can start a campaign for a removal motion against the third in the SC hierarchy.&lt;br /&gt;
&lt;br /&gt;
Where will it end? Which judge will willingly become CJI in such a dreadful scenario and risk his dignity and reputation? Worse, will this kind of political one-upmanship not force a judge to ensure political support before becoming CJI to counter threats of removal?&lt;br /&gt;
&lt;br /&gt;
Bringing a removal motion against a CJI or a judge based on unverified charges has a numbing effect on the institution and stunts public faith in it. Lawyers become MPs not because they are great politicians. Success in court brings them money and fame, accelerating their rise in political parties. When they attempt to cow down the judiciary by casting a shadow through a phantom removal motion, it is akin to an assault on the very tree that nurtured their growth.&lt;br /&gt;
&lt;br /&gt;
Unlike today’s Congress, led by a youthful president Rahul Gandhi, the party split in 1969 after a bitter war between veterans on one side and the young Turks on the other led by Indira Gandhi. The split reduced her government to a minority, but she continued as PM with support from Left parties. The landmark SC decision in Golaknath case in 1967 curtailing Congress government’s power to amend the Constitution and the political red nose caused by the 1970 Privy Purses judgment forced Indira to call mid-term polls.&lt;br /&gt;
&lt;br /&gt;
A heady 352 seats in Lok Sabha in 1971 strengthened her resolve to infiltrate the SC with “committed judges”. The task was meticulously carried out by law minister H R Gokhale, the Bombay HC judge turned politician; steel and mines minister S Mohan Kumaramangalam, a barrister and earlier a prominent communist leader; and S S Ray, another barrister and a close confidant of Indira.&lt;br /&gt;
&lt;br /&gt;
To overrule an 11-judge bench decision in the Golaknath case, the SC decided to set up a 13-judge bench for Kesavananda Bharati case. Eight SC judges were appointed just before the hearing in Kesavananda case began to ensure most of them found place in the 13-judge bench for a favourable ruling.&lt;br /&gt;
&lt;br /&gt;
Justice P Jaganmohan Reddy in his book ‘We Have Republic’ wrote, “Of these eight, two were said to be Gokhale’s nominees (D G Palekar and Y V Chandrachud of Bombay HC); one of Kumaramangalam (K K Mathew of Kerala); two of Ray (S C Roy and A K Mukherjea) and two from the PM (M H Beg and S N Dwivedi); only one was CJI S M Sikri’s nominee (H R Khanna). One died before the case was heard. Of the seven who heard the case, five upheld the government’s point of view.&lt;br /&gt;
&lt;br /&gt;
A legendary researcher on SC judges, George H Gadbois, wrote, “Seven of the nine Sikri era appointees were members of the Kesavananda bench, and five of these did support what can be considered the government’s wishes. But they were in the minority with A N Ray. Khanna, who cast the deciding vote, and Mukherjea joined the five pre-Sikri era court appointees in the majority.”&lt;br /&gt;
&lt;br /&gt;
The 7-6 majority carved out the basic structure doctrine while fortifying and reinforcing Golaknath judgment much to the chagrin of Indira, whose government wreaked vengeance a day after the Kesavananda judgment was delivered on April 23, 1973, by announcing that A N Ray, fourth senior most SC judge, would be the new CJI to supersede K S Hegde, J M Shelat and A N Grover. The three resigned. The judiciary was to endure many painful wounds inflicted by Congress governments in the succeeding years. We will narrate those some other time. The above example is meant to refresh Sibal’s memory about “assault on judiciary”.&lt;br /&gt;
&lt;br /&gt;
As a celebrated lawyer, Sibal should discharge his debt for the fame he has earned through the judiciary. He has ability, knowledge and craftsmanship to differentiate himself from hawkish politicians, whose feathers resemble those of Gokhale, Kumaramangalam and Ray. The choice is his.&lt;br /&gt;
&lt;br /&gt;
=Preferential listing of star lawyers’ cases=&lt;br /&gt;
==Not done for Ram Jethmalani/ Ansal==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Star-lawyers-may-not-get-to-jump-queue-04032017001044  Dhananjay Mahapatra, Star lawyers may not get to jump queue, March 4, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Star lawyers getting preferential listing of cases of rich and famous clients in the Supreme Court is a trend that could be reversed under the new Chief Justice of India J S Khehar (in pic), as renowned lawyer Ram Jethmalani found out.&lt;br /&gt;
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In the past, engaging top lawyers to steal a march over others in getting cases listed for early hearing usually worked, with previous CJIs acting in deference to the stature of the lawyers.&lt;br /&gt;
&lt;br /&gt;
Khehar, however, has emphasised procedural equality since taking over. Time and again, he has told lawyers requesting early hea ring that their clients would not be permit ted to jump the queue.&lt;br /&gt;
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Friday provided more evidence of this when Jethmalani, appearing for Gopal Ansal (convicted in the Uphaar case), requested urgent listing of the tycoon's application seeking reduction of the jail term awarded to him. The court also rejected Ansal's plea for exten sion of his surrender deadline of March 9 to serve the remaining part of his one-year sentence.&lt;br /&gt;
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Jethmalani had sought urgent listing of Gopal's plea seeking parity in sentence with his elder brother Sushil Ansal, who was let off by the court on February 9 saying the sentence already undergone by him was adequate punishment keeping in view his age and ailments. Jethmalani had said Gopal too was old and suffered age-related ailments and, hence, was entitled to parity in sentence. The CJI had said the application would be listed on Friday if the SC registry found no objection. But the registry did find objections and the matter was not listed on Friday .&lt;br /&gt;
&lt;br /&gt;
Jethmalani complained about it to the CJI on Friday and sought urgent listing and said the court should extend the surrender deadline in the alternative. Justice Khehar firmly told Jethmalani that there was a procedure for everyone to follow. “If the registry has found objections and refused to list the matter, Jethmalani's client can appeal against the registry's order,“ the CJI said and refused to bestow any preferential treatment to the noted lawyer.&lt;br /&gt;
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=Rape=&lt;br /&gt;
== No liberal approach , mediation or compromise in rape cases : SC ==&lt;br /&gt;
[http://www.dailyexcelsior.com/no-liberal-approach-mediation-or-compromise-in-rape-cases-sc/ Daily Excelsior , No liberal approach , mediation or compromise in rape cases : SC &amp;quot;Daily Excelsior&amp;quot; 2/7/2015]&lt;br /&gt;
&lt;br /&gt;
It would be a “spectacular error” to adopt a soft approach on cases of rape or attempt to rape and there cannot be any compromise or mediation in such cases, the Supreme Court said in a stern message today.&lt;br /&gt;
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“When a human frame is defiled, the ‘purest treasure’, is lost. Dignity of a woman is a part of her non-perishable and immortal self and no one should ever think of painting it in clay. There cannot be a compromise or settlement as it would be against her honour which matters the most,” a bench headed by Justice Dipak Misra said.&lt;br /&gt;
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“We would like to clearly state that in a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of.&lt;br /&gt;
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“These are crimes against the body of a woman which is her own temple. These are offences which suffocate the breath of life and sully the reputation. And reputation, needless to emphasise, is the richest jewel one can conceive of in life. No one would allow (it) to be extinguished,” the bench, which also comprised Justice Prafulla C Pant, said.&lt;br /&gt;
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The strong remarks came as the apex court criticised a Madhya Pradesh High Court judge who was influenced by the compromise entered into between the accused Madan Lal and the parents of the seven-year-old victim and had set aside the conviction and five-year sentence for the rape. (PTI)&lt;br /&gt;
&lt;br /&gt;
= Religious bias=&lt;br /&gt;
==SC objects to Bombay HC citing religious identity of victim to grant bail to accused==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/violence-in-name-of-religion-cannot-be-justified-supreme-court/articleshow/62934313.cms  Amit Anand Choudhary, Violence in name of religion cannot be justified: Supreme Court, February 15, 2018: ''The Times of India'']&lt;br /&gt;
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'''HIGHLIGHTS'''&lt;br /&gt;
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Judiciary must be fully conscious of the plural composition of the country while adjudicating issues pertaining to rights of various communities: SC&lt;br /&gt;
&lt;br /&gt;
SC bench quashed the order of the Bombay high court granting bail to accused for allegedly killing a Muslim youth in 2014&lt;br /&gt;
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“The fault of the deceased was only that he belonged to another religion. I consider this factor in favour of the accused ... ,” the Bombay High Court had said in its order while granting bail to three accused belonging to Hindu Rashtra Sena for allegedly killing a Muslim youth in 2014. &lt;br /&gt;
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Taking exception to the observation made by the high court, the Supreme Court on Thursday said that such remarks were uncalled for and reminded that the judiciary must be fully conscious of the plural composition of the country while adjudicating issues pertaining to rights of various communities. It said that any kind of violence in the name of religion or community could not be justified. &lt;br /&gt;
&lt;br /&gt;
A bench of Justices SA Bobde and L Nageswara Rao quashed the order of the Bombay high court granting bail to the accused saying that there was little discussion on the other relevant factors relating to granting or withholding bail in a murder case. It asked the the high court to reconsider the bail plea of the accused afresh as per law on merit without being influenced by any extraneous reason. &lt;br /&gt;
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“We have carefully perused the impugned order(s) granting bail and we find that there is little reference to/or discussion on the merits of the bail applications but we are satisfied that the significant reason for release is mainly the one stated above. We find that the aforesaid reason can, on a fair reading, be understood or misunderstood almost as a mitigating circumstance or a kind of a justification for the murder and it is obvious that the fact that the deceased belonged to a certain community cannot be a justification for any assault much less a murder,” the bench said. &lt;br /&gt;
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“While it may be possible to understand a reference to the community of the parties involved in an assault, it is difficult to understand why it was said that ‘the fault of the deceased was only that he belonged to another religion’ and further ‘I consider this factor in favour of the applicants/accused.’ We have no doubt that a court fully conscious of the plural composition of the country while called upon to deal with rights of various communities, cannot make such observations which may appear to be coloured with a bias for or against a community,” it said. &lt;br /&gt;
&lt;br /&gt;
“It is possible that the learned Judge wanted to rule out a personal motive against the victim, but only emphasize communal hatred. It is also possible that the learned single judge may not have intended to hurt the feelings of any particular community or support the feelings of another community but the words are clearly vulnerable to such criticism. The direction cannot be sustained,” the court said. &lt;br /&gt;
&lt;br /&gt;
The high court had on January 12 last year granted bail to Vijay Gambhire, Ganesh Yadav and Ajay Lalge, accused of murdering 28-year-old Mohsin Shaikh on June 2, 2014 in Pune. As per the prosecution, the trio had attended a meeting of Hindu Rashtra Sena to protest against defiling of a statue of Chhatrapati Shiva-ji Maharaj. The accused armed with hockey sticks and bats roamed the streets on the night of June 2 when they came across Shaikh and thrashed him to death. &lt;br /&gt;
&lt;br /&gt;
Their bail plea was rejected by lower court but the high court granted them relief. &amp;quot;The meeting was held prior to the incident of assault. The accused otherwise had no other motive such as any personal enmity against the innocent deceased Mohsin. The fault of the deceased was only that he belonged to another religion. I consider this factor in favour of the accused. Moreover, the accused do not have criminal record and it appears that in the name of the religion, they were provoked and have committed the murder,” a bench of Justice Mridula Bhatkar had said.&lt;br /&gt;
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=Remarks by judges during hearings=&lt;br /&gt;
==2018==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F08%2F13&amp;amp;entity=Ar01406&amp;amp;sk=B2A238CC&amp;amp;mode=text  Dhananjay Mahapatra, PILs infecting judiciary with off-the-cuff remark fever, August 13, 2018: ''The Times of India'']&lt;br /&gt;
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Once upon a time, the Supreme Court’s stray caustic remarks during hearing of a PIL or a petition involving an important social or political issue was taken very seriously by the public, the government and the legislature. Media used to headline the comments.&lt;br /&gt;
&lt;br /&gt;
Newspapers and TV channels still headline such caustic remarks, which now fly thick and fast from the SC and HCs on a daily basis. But these have lost their salutary effect.&lt;br /&gt;
&lt;br /&gt;
An SC bench led by Justice Madan B Lokur, infuriated by the frustratingly lackadaisical approach of authorities towards proper garbage disposal, asked why not dump the garbage at Raj Niwas, the official residence of Delhi’s lieutenant governor. One may be tempted to ask, why not Rashtrapati Bhavan, since the President is the head of the country and also lives in Delhi?&lt;br /&gt;
&lt;br /&gt;
Incidents of rape, that too by those who were guardians to hapless girls who had no one to run to, made the Justice Lokur-led bench to remark that “rapes are happening left, right and centre in India”. Are they? Incidents of assault on women are on the rise and do ring alarm bells. But when the SC says rape is rampant, it surely sends a signal to the world to brand India as unsafe for women.&lt;br /&gt;
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The same bench, while hearing a PIL on extra-judicial killings in Manipur, summoned the director of CBI, which had been entrusted with probing the killings widely perceived to be excesses by armed forces.&lt;br /&gt;
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To the bench’s question why the accused had not been arrested, the director said once chargesheet was filed, it was for the court to either send them to custody or grant them bail. Noticing that chargesheets had Section 302 IPC charges, the bench remarked that “murderers are allowed to roam free”. The SC bench forgot to use ‘alleged’ before ‘murderers’ to soften its un-required punch.&lt;br /&gt;
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This had its adverse impact on the armed forces, whose personnel put their lives on the line in disturbed areas to allow the legislature, the executive and the judiciary to function without the fear of ultras. Moreover, it is common knowledge that an accused is presumed innocent till he is pronounced guilty. How would the SC respond if one of the accused in the chargesheet moves an application and asks since the apex court has already termed him a ‘murderer’, would he get justice from the trial court.&lt;br /&gt;
&lt;br /&gt;
The SC has been freely making remarks against the executive and, in a few cases, against the legislature. In contrast, it has been very sensitive towards comments made against judges. It did not spare sitting Calcutta HC judge C S Karnan for making it a habit to launch diatribes against Supreme Court and high court judges and sent him to jail.&lt;br /&gt;
&lt;br /&gt;
When a Rajasthan HC judge made disparaging remarks against the HC chief justice in a judicial proceeding (State of Rajasthan vs Prakash Chand [1998 (1) SCC 1]), the SC came down heavily on him for breach of discipline. It said, “It is unbecoming of a judge of HC to travel out of the confines of the issue before him and to fish out material to unjustifiably malign someone, more particularly when that someone happens to be the one who is the head of the judicial family in the HC. We most strongly deprecate this practice.” Probably, PILs allow judges to take a 360-degree view than limit themselves to the subject matter of the case in hand!&lt;br /&gt;
&lt;br /&gt;
When the SC makes caustic observations, does it spare a thought that it might be hurting those bureaucrats who honestly do their jobs but are not succeeding in achieving desired results given the enormity of problems. When the SC has the licence to make such remarks, would HCs remain far behind?&lt;br /&gt;
&lt;br /&gt;
Recently, the Uttarakhand HC made news by giving the Ganga living entity status. It also ruled that animals had rights equal to that of human beings. Just a few days ago, the HC threatened to turn the oldest tiger reserve, Corbett National Park, into a race track for cars as the government had not evicted forest-dwelling communities and had failed to protect animals.&lt;br /&gt;
&lt;br /&gt;
Given the stinging observations of the SC, no doubt intended to solve problems, attorney general K K Venugopal sounded a caution and told the bench that there should be an impact assessment of orders on PILs at the ground level. He said before passing sweeping orders, the courts must examine impact on employment, investment and morale of the workforce.&lt;br /&gt;
&lt;br /&gt;
Interestingly, the SC nearly three decades ago had made a virtue of judicial restraint. In A M Mathur vs Pramod Kumar Gupta [1990 (2) SCC 533], it had said, “Judicial restraint and discipline are as necessary to the orderly administration of justice as they are to the effectiveness of the army. “This quality in decision making is as much necessary for judges to command respect as to protect the independence of the judiciary. Judicial restraint in this regard might better be called judicial respect, that is, respect by the judiciary.&lt;br /&gt;
&lt;br /&gt;
“Respect to those who come before the court as well to other coordinate branches of the state — the executive and the legislature. There must be mutual respect. When these qualities fail or when litigants and public believe that the judge has failed in these qualities, it will be neither good for the judge not for the judicial process.&lt;br /&gt;
&lt;br /&gt;
“The judges have absolute and unchallengeable control of the court domain. But they cannot misuse their authority by intemperate comments, undignified banter or scathing criticism of counsel, parties or witnesses. We concede that the court has the inherent power to act freely upon its own conviction on any matter coming before it for adjudication, but it is a general principle of the highest importance to the proper administration of justice that derogatory remarks ought not to be made against persons or authorities whose conduct comes into consideration unless it is absolutely necessary for the decision of the case.”&lt;br /&gt;
&lt;br /&gt;
These lines, said 28 years ago, still hold good for judiciary, if it wants to command respect from the public, the executive and the legislature.&lt;br /&gt;
&lt;br /&gt;
=Sealed cover proceedings=&lt;br /&gt;
==Adopted by the SC since 2000==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/sc-has-relied-on-sealed-cover-proceedings-in-several-cases-gujarat-riots-2g-coal-scam-cbi-rafale/articleshow/66801761.cms  Dhananjay Mahapatra, SC has relied on sealed cover proceedings in several cases – Gujarat riots, 2G, coal scam, CBI &amp;amp; Rafale, November 26, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
To prevent further damage to the CBI’s public image, already sullied by incessant mudslinging between CBI director Alok Verma and his deputy Rakesh Asthana, the Supreme Court had resorted to ‘sealed cover proceedings’ while asking all parties to maintain strict confidentiality. &lt;br /&gt;
&lt;br /&gt;
After a bench led by CJI Ranjan Gogoi ordered ‘strict confidentiality’, three CBI officers had filed applications challenging their transfers out of Delhi immediately after the Centre sent both Verma and Asthana on leave. &lt;br /&gt;
&lt;br /&gt;
The last application was by an IPS officer with 18 years experience. He did little justice to his experience as a police officer by relying on ‘unverified’ statement of Hyderabad-based businessman Sathish Babu Sana to make ‘shocking’ allegations against Asthana, the CVC, the NSA, a Union minister, the law secretary and a RAW special secretary. &lt;br /&gt;
&lt;br /&gt;
The real facts behind these ‘shocking’ allegations need to be found out. We also must know what impelled the IPS officer to level these allegations when the SC through ‘sealed cover proceedings’ was scrutinising the CVC report’s which contained “not so complimentary and very uncomplimentary’ remarks against Verma. &lt;br /&gt;
&lt;br /&gt;
But the ‘sealed cover proceedings’ appears to have disturbed some, who are questioning its efficacy. The same people have expressed similar doubts over sealed cover proceedings adopted by the SC in scrutinising the Rafale deal. Since 2000, ‘sealed cover’ proceedings have been adopted by the SC in Gujarat riot cases, the 2G spectrum allocation scam and the coal block allocation scam. &lt;br /&gt;
&lt;br /&gt;
In post-Godhra riots cases, R K Raghavan headed SIT had filed several sealed cover status reports before the SC. As the SC was gunning for the Gujarat government then headed by Narendra Modi, Raghavan was hailed as an independent investigator by social activists and their activist lawyers as media reported the summary of the contents of almost every SIT report. &lt;br /&gt;
&lt;br /&gt;
One SIT report unfortunately talked about an activist peddling exaggerated stories about riot victims as also tutoring witnesses. Reporting of this SIT report caused much discomfort. The activists’ lawyer vociferously and repeatedly pleaded with the SC to initiate contempt proceedings against the reporter for revealing details of the ‘sealed cover’ report. &lt;br /&gt;
&lt;br /&gt;
In arbitrary allocation of 2G spectrum by UPA government in 2008, the SC had routinely scrutinised ‘sealed cover’ CBI probe status reports. No one questioned the efficacy of such proceedings then. &lt;br /&gt;
&lt;br /&gt;
The SC yet again adopted ‘sealed cover’ proceedings to monitor CBI probe into coal block allocations under the UPA regime. The then PM too has been made an accused in the case, though the trial against him has been stayed since 2015 by the SC. &lt;br /&gt;
&lt;br /&gt;
Before the ex-PM was made an accused, the CBI made a startling admission on April 30, 2013 — probe status reports, prior to submission to the SC, were vetted by then law minister and two joint secretary level officers, one in the PMO and the other in the coal ministry. &lt;br /&gt;
&lt;br /&gt;
On May 8, 2013, the SC recorded, “The draft status report was shared with the law minister, law officers and two joint secretary level officers and at their instance some changes were made. Some of the changes made in these draft status reports are significant.” Changes related to CBI’s PE2, which was on alleged irregularities in coal block allocations during 2006-09, when the ex-PM held the coal portfolio. &lt;br /&gt;
&lt;br /&gt;
Those who had subjugated the CBI director, illegally vetted and audaciously made vital changes in the probe status report are now vociferous while shedding crocodile tears for the danger to the CBI’s autonomy. We hope there will be constructive criticism of a decision by the court rather than nitpicking over ‘sealed cover proceedings’. &lt;br /&gt;
&lt;br /&gt;
A majority of politicians and activists behave according to the season and circumstances. Very few rise above the surroundings to work for greater common good. It reminds us of a small story: Once a king dreamt of an owl flapping around his throne. None in the durbar could decipher the dream. The king announced a handsome reward of 10 gold coins. A long distance away, a farmer resting under a tree was day-dreaming of the reward. A bird on the tree told the farmer she would share the dream’s meaning if he agreed to share the reward. Farmer agreed. Bird said betrayal and treachery rules the roost in the kingdom. The farmer told the king what the dream meant. The king found it in sync with intelligence reports. The farmer’s happiness fizzled out as soon as he neared home as the thought of giving the bird five gold coins was gnawing him. He took an alternative road home. &lt;br /&gt;
&lt;br /&gt;
A year later, the king saw another dream. A knife revolving around his throne. He sent for the farmer, who ran straight to the bird, apologised for betraying her the last time, and promised to share the booty this time. The bird said the dream meant violence would erupt in the kingdom. Satisfied with the meaning of the dream, the king gave 20 gold coins to the farmer. The man was sadder this time and working himself into a fury by repeatedly asking – what will a bird do with 10 gold coins? While heading home, he picked up a stone. As he neared the tree and the moment the bird asked for her share, the man aimed the stone at her. The bird flew away. &lt;br /&gt;
&lt;br /&gt;
Next year, the king dreamt of a dove flying around his throne and again sent for the man, who ran to the tree, and profusely apologised for his treacherous and violent actions in the past. In bargain for same promise to share the reward, the bird said this time there is peace in the kingdom and the king could take up welfare works for citizens. A happy king rewarded the farmer with 50 gold coins. The man went straight to the tree, gave all the gold coins to the bird and sought forgiveness. &lt;br /&gt;
&lt;br /&gt;
The bird smiled and said gold coins were of no use to her. But few men can rise above the surroundings and prevailing atmosphere to behave like real men, she said and told the farmer to strive to be a real man who remains uninfluenced by the atmosphere of distrust and conspiracy. Prior to every election, politicians across the political landscape behave alike and trade charges against each other with the sole aim of winning votes. We hope times will change.&lt;br /&gt;
&lt;br /&gt;
= Sentences, concurrent or consecutive?=&lt;br /&gt;
==If for non-payment of fines, then consecutive/ 2018== &lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F09%2F22&amp;amp;entity=Ar01612&amp;amp;sk=5F1190DB&amp;amp;mode=text  Dhananjay Mahapatra, Sentences for non-payment of fine to run consecutively: SC, September 22, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Supreme Court ruled that if a convict fails to pay the fines imposed on him for separate offences, the sentences for default in payment would run consecutively not concurrently.&lt;br /&gt;
&lt;br /&gt;
Five persons, convicted under Maharashtra Control of Organised Crime Act (MCOCA), were fined Rs 5 lakh each under three sections of MCOCA and upon default, they were to undergo imprisonment of three years for each section.&lt;br /&gt;
&lt;br /&gt;
In an appeal before a bench of Justices Abhay Manohar Sapre and Uday Umesh Lalit, senior advocate Colin Gonsalves said the cumulative fine was Rs 15 lakh and upon default, the convicts had to undergo further imprisonment of nine years, even after serving 14 years in jail. Gonsalves pleaded that the default sentences must run concurrently, that is for three years.&lt;br /&gt;
&lt;br /&gt;
Writing the judgment for the bench, Justice Lalit referred to provisions of Criminal Procedure Code and said, “The idea is clear, the default sentence is not to be merged with or allowed to run concurrently with a substantive sentence. Thus, the sentence of imprisonment for nonpayment of fine would be in excess of or in addition to the substantive sentence.”&lt;br /&gt;
&lt;br /&gt;
Explaining why the sentences should run consecutively and not concurrently, he said, “Theoretically, if the default sentences awarded in respect of imposition of fine in connection with two or more offences are to be clubbed or directed to run concurrently, there would not be any occasion for the person so sentenced to deposit the fine in respect of the second or further offences. It would effectively mean imposition of one single or combined sentence of fine. Such an exercise would render the very idea of imposition of fine with a deterrent stipulation while awarding sentence in default of payment of fine to be meaningless.”&lt;br /&gt;
&lt;br /&gt;
Referring to the case at hand, the bench said if default sentences awarded in respect of each of those three counts under MCOCA were directed to run concurrently, the accused may not be inclined to deposit fine for two of the three counts.&lt;br /&gt;
&lt;br /&gt;
=See also=&lt;br /&gt;
[[Supreme Court: India]] (mainly SC's rulings)&lt;br /&gt;
&lt;br /&gt;
[[Supreme Court, India: Administrative issues]]&lt;br /&gt;
&lt;br /&gt;
[[Supreme Court: India: Chief Justices]]&lt;br /&gt;
&lt;br /&gt;
[[Supreme Court: India: Sitting judges]]&lt;br /&gt;
&lt;br /&gt;
[[Judicial appointments, senior: India]] mainly the Collegium debate&lt;br /&gt;
&lt;br /&gt;
[[Judiciary: India (powers, functions)]]&lt;br /&gt;
&lt;br /&gt;
[[Judiciary, superior: India]]&lt;br /&gt;
&lt;br /&gt;
[[Judiciary: India]]&lt;br /&gt;
&lt;br /&gt;
[[Witness protection: India]]&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Supreme_Court:_India</id>
		<title>Supreme Court: India</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Supreme_Court:_India"/>
				<updated>2019-02-17T05:54:21Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: /* 2018, Jan: Four SC judges’ press conference */&lt;/p&gt;
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=Article 142 in The Constitution Of India 1949=&lt;br /&gt;
142. ''' Enforcement of decrees and orders of Supreme Court ''' and unless as to discovery, etc &lt;br /&gt;
&lt;br /&gt;
( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe&lt;br /&gt;
&lt;br /&gt;
(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself&lt;br /&gt;
&lt;br /&gt;
==‘A tool for judicial dictatorship’ ==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=OPINION-Article-142-cant-be-tool-for-judicial-03042017002030      C A Sundaram| Article 142 can't be tool for judicial dictatorship Apr 03 2017 : The Times of India (Delhi)]&lt;br /&gt;
&lt;br /&gt;
'' (The writer is a Supreme Court lawyer) '' &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
As a committed democrat, I believe that an inefficient democracy is preferable to an efficient dictatorship and any form of absolutism, even by the judiciary, is unacceptable.&lt;br /&gt;
&lt;br /&gt;
The anathema of democracy is dictatorship, whether in the hands of an individual, a group or an institution. The very soul of a democracy is that the people's will is supreme. Howsoever wise be the 30 adorning the apex court and howsoever noble their motives, they can never speak for 1.2 billion people who speak through their representatives in the legislature.&lt;br /&gt;
&lt;br /&gt;
It is not a case of comparative wisdom or intellect since democracy itself owes its origins in Greece to the revolt against the rule of the intelligentsia. It is for this very reason that the founding fathers of our Constitution provided strictly for the separation of powers, which would maintain a balance and protect against any one institution overpowering or dominating the others.&lt;br /&gt;
&lt;br /&gt;
How then can 30 wise but unelected people exercise powers akin to legislation? More so, when the selection of future members into this august group is decided by five of their wisest, with none else given a me aningful role in such appointments. Such power to self-propagate has also been conferred by their own judgments.&lt;br /&gt;
&lt;br /&gt;
While the independence of the judiciary is to be strictly protected, with it comes the responsibility of acting within constitutional boundaries and resisting the temptation to venture into the terrain of other institutions in the absence of viola tion of constitutional and legal principles.&lt;br /&gt;
&lt;br /&gt;
Over the recent past, however, increasing powers are traced to Article 142 to decide a host of issues that would fall within the domain of other institutions. The exercise of such powers with no one to turn to against such exercise except the very body that had exercised the powers in the first place is certainly not democratic and bor ders on authoritarianism or at the very least, rule of the intelligentsia.&lt;br /&gt;
&lt;br /&gt;
Article 142 is an extraordinary power to be sparingly used where there is a legislative or executive void and comes into play when the conclusion is founded on statute or law but a remedy has to be created. Surely , its purpose is not replacing the wisdom of other institutions with that of the judiciary .&lt;br /&gt;
&lt;br /&gt;
''' The recent judgment ''' of the apex court overriding the objections of the states has also prohibited luxury hotels within 500 metres of a highway from serving liquor in restaurants, banquet halls or even to guests in their rooms.&lt;br /&gt;
&lt;br /&gt;
To name a few, Aero City in Delhi, Leela in Mumbai, and Grand Chola in Chennai are all subject to this embargo.Members cannot have a drink in iconic clubs like the Gymkhana. Even more surprising is that this fatwa was passed in a litigation expressing concern over liquor shops operating on the fringe of highways proving a temptation to passing motorists and encouraging drunk driving.&lt;br /&gt;
&lt;br /&gt;
The judgment was surprising as it is highly likely that a person going to Bukhara for dinner does so to break the monotony of his driving or that the hotel guest having a nightcap would be tempted to rush out and start driving.&lt;br /&gt;
&lt;br /&gt;
That stopping such people from drinking would make the highway safer defies logic. If it was to enforce a prohibition on the consumption of liquor, it was beyond the powers of the court and in the domain of the legislature. The only source relied on for the exercise of such power by the court is Article 142 of the Constitution which empowers it to pass orders to do complete justice to parties. Today it has become as uncertain and elastic in its use as an anteater's tongue.&lt;br /&gt;
&lt;br /&gt;
It is certainly not to decide that it would be more - wholesome for the populace if hotels legally built and legally serving numerous needs ought not to serve liquor since they may be used as a watering hole by thirsting motorists.&lt;br /&gt;
&lt;br /&gt;
==Art 142 used to end marriage after wife skips hearings==&lt;br /&gt;
[http://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2017%2F12%2F15&amp;amp;entity=Ar01703&amp;amp;sk=346BF5BD&amp;amp;mode=text  AmitAnand Choudhary, SC invokes extraordinary powers to end marriage after woman skips hearings, December 15, 2017: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Supreme Court dissolved a marriage after the wife refused to respond to its notice to appear in court to contest the case. The husband had been fighting a legal battle for the last three years after his wife withdrew her consent for divorce after filing a joint petition in the family court.&lt;br /&gt;
&lt;br /&gt;
A bench of Justices R K Agrawal and Abhay Manohar Sapre invoked the SC’s extraordinary power granted under Article 142 to dissolve the marriage without hearing the wife as she refused to respond to its notice issued on the husband’s plea. The court said she was not interested in keeping the marital relationship alive and allowed the husband’s divorce plea. Article 142 empowers the SC to pass order as is necessary for doing complete justice in any cause or matter pending before it. The couple got married in 2013 but the relationship soured soon after and they agreed to separate. They filed a joint petition in the family court seeking dissolution of marriage through mutual consent. The wife thereafter did not appear before the court which finally dismissed the petition. The man then approached the High Court of Judicature at Hyderabad which refused to grant him divorce after his wife’s lawyer contended that she had not given consent.&lt;br /&gt;
&lt;br /&gt;
Agreeing to examine his plea, the apex court had issued a notice to the wife to file her response but neither she not her lawyer appeared to argue the case. She did not appear before the court on 18 dates when the matter was taken up for hearing.&lt;br /&gt;
&lt;br /&gt;
Taking into account her conduct, the apex court dissolved the marriage and said there was no dispute that the couple had entered into an agreement to end the marital relationship.&lt;br /&gt;
&lt;br /&gt;
=Contempt of court=&lt;br /&gt;
==Calcutta HC on contempt: SC==&lt;br /&gt;
&lt;br /&gt;
The Times of India, Sep 18, 2011&lt;br /&gt;
&lt;br /&gt;
The Jalpaiguri district court was shut for a month by people demanding a Calcutta high court circuit bench there and the high court convicted 18 people, including the DGP of the West Bengal police, editor of a local daily, an ex-MP, an MLA and the district magistrate, for contempt. &lt;br /&gt;
When they appealed against their conviction and six-month jail term, the tables were turned in the Supreme Court, which not only quashed the contempt proceedings but also faulted the high court for not taking timely action during the agitation to help keep the district court open. &lt;br /&gt;
&lt;br /&gt;
The protesting public started the agitation on December 15, 2006 outside the main gate of the district court and requested the judicial officers not to go to court. It continued for a month till January 15, 2007. &lt;br /&gt;
&lt;br /&gt;
A bench of Justices P Sathasivam and B S Chauhan said the agitation was peaceful and the judicial officers were not forcibly prevented from attending the court. However, it reiterated that “the administration of justice should never be stalled at the instance of anyone including the members of the bar even for any cause.” &lt;br /&gt;
&lt;br /&gt;
The SC found that there was no request from the district judge or from the registrar general of the HC for removal of the rostrum put up in front of the gate and clearing of the protesters. It disagreed with the HC’s view that the DGP disobeyed the Chief Justice’s order for restoration of the district court’s functioning.&lt;br /&gt;
== Siddaramaiah, Sahara and other cases==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=LEGALLY-SPEAKING-High-and-mighty-in-country-make-03102016014045  Dhananjay Mahapatra High and mighty in country make judiciary drag its feet, Oct 03 2016 : The Times of India]&lt;br /&gt;
&lt;br /&gt;
Siddaramaiah's Snub To SC Not 1st Case Of Defiance By A CM&lt;br /&gt;
&lt;br /&gt;
Defiance of the Supreme Court's orders have al ways invited stinging punishment. Sahara group chief Subrata Roy will testify to that. He spent more than two years in jail and yet is not safe from the wrath of law. Last week, he was in real danger of being dragged back to prison just because his counsel made some intemperate arguments to test the SC's patience.&lt;br /&gt;
&lt;br /&gt;
Again in Sept 2016, the Justice Lodha committee complained to the SC that the Board of Control for Cricket in India (BCCI) was impeding and defying implementation of reforms ordered by the apex court. Asking the BCCI to fall in line, the SC issued a “we will set you right“ warning.&lt;br /&gt;
&lt;br /&gt;
But last week also saw Karnataka repeatedly flouting the SC's orders for release of Cauvery water to Tamil Nadu. Three times in the past one month, the state disobeyed the SC's orders. The political class came together and the assembly passed a resolution restraining the government from releasing water.&lt;br /&gt;
&lt;br /&gt;
The SC had no option but to reiterate its orders notwithstanding the assembly resolution. CM Siddaramaiah told the SC in clear terms that given the “will of the people of Karnataka“, he would disobey the court's orders.&lt;br /&gt;
&lt;br /&gt;
In a democracy , rule of law is maintained only when the violator faces reprisal of law swiftly and unwaveringly . For a commoner, the wrath of law has always been swift but when it comes to a mighty state or a chief minister, the SC has always been a little lenient.&lt;br /&gt;
&lt;br /&gt;
It is not the first time that Karnataka has disobeyed SC orders. In 2002, the SC had issued contempt notice to then chief minister S M Krishna for disobeying its October 4, 2002 order for release of 9,000 cusecs of water into Mettur reservoir. The contempt proceedings gathered dust. After six years, the SC disosed of the contempt proce edings taking into account Krishna's unconditional apology for the disobedience filed through senior advocate Fali S Nariman, who continues to be the counsel for Karnataka in the Cauvery dispute.&lt;br /&gt;
&lt;br /&gt;
Is Siddaramaiah drawing inspiration from the past? Difficult to say but the SC faces a real dilemma. If it hauls up the CM for contempt, it would help his popularity soar. And there is no guarantee of his successor implementing the SC's orders. As regards Siddaramaiah, he would not mind facing the wrath of law to emerge a martyr a few months ahead of assembly elections.&lt;br /&gt;
&lt;br /&gt;
If the court does not take action, then it could encourage other states to defy its orders hiding behind the “will of the people“. And at present, it takes virtually nothing to whip up public hysteria.&lt;br /&gt;
&lt;br /&gt;
In 1992, then UP chief minister Kalyan Singh had given an undertaking to the SC to maintain status quo at the disputed Ram Janmabhumi-Babri masjid site. It was flagrantly violated and the structure was razed to the ground. The SC convicted him for contempt of court.&lt;br /&gt;
&lt;br /&gt;
In Mohd Aslam vs Union of India [1994 (6) SCC 442], the SC said, “It is unhappy that a leader of a political party and chief minister has to be convicted of an offence of contempt of court. But it has to be done to uphold the majesty of law. We convict him of the offence of contempt of court.Since the contempt raises larger issues which affect the very foundation of the secular fabric of our nation, we also sentence him to a token imprisonment of one day. We also sentence him to pay a fine of Rs 2,000.“ Is that the wrath of law ­ one day's imprisonment or a fine of Rs 2,000?&lt;br /&gt;
&lt;br /&gt;
Importantly, the SC had aid, “Respect for law and its nstitutions is the only assuance that can hold a plura st nation together. Any atempt to achieve solutions to ontroversies, however ideoogically and emotionally urcharged, not on the basis f law and through judicial nstitutions, but on the trength of numbers will subert the fundamental values f our chosen political orga isation. It will demolish ublic faith in the accepted onstitutional institutions nd weaken people's resolve o solve issues by peaceful eans. It will destroy respect or rule of law and the authoity of courts, and seek to plae individual authority and trength of numbers above he wisdom of law.“&lt;br /&gt;
&lt;br /&gt;
Contrast this to a very reent example in the US. No ess than Alabama Supreme ourt chief justice Roy S More was suspended because e had ordered junior judges o defy an order of the US Su reme Court which validated ame-sex marriage in June ast year. That is what is caled the wrath of law which perates on the basis of the axim “you be ever so high, he law is above you“.&lt;br /&gt;
&lt;br /&gt;
Unfortunately in India, the wrath of law has always remai ed inversely proportional to he position and popularity of n individual. The higher he stands, lesser the chance of him acing the wrong end of the judicial stick. It will be interes ng to watch how the `wrath of w' story unfolds in the SC .&lt;br /&gt;
&lt;br /&gt;
= Curative jurisdiction=&lt;br /&gt;
==2017: AG calls for a review== &lt;br /&gt;
[http://epaperbeta.timesofindia.com//Article.aspx?eid=31808&amp;amp;articlexml=SCs-flawed-curative-jurisdiction-needs-urgent-relook-says-29042017013011  Dhananjay Mahapatra, SC's flawed curative jurisdiction needs urgent relook, says AG, April 29, 2017: The Times of India]&lt;br /&gt;
﻿&lt;br /&gt;
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﻿&lt;br /&gt;
'''Observation Comes Day After SC Rejected Centre's Plea On AFSPA'''&lt;br /&gt;
&lt;br /&gt;
A day after the Supreme Court dismissed the Centre's plea to exempt armed forces' personnel from prosecution for encounter deaths in areas under the Armed Forces Special Powers Act (AFSPA), attorney general Mukul Rohatgi on Friday made a strong pitch for review of the curative jurisdiction and called it “unfair and flawed“.&lt;br /&gt;
&lt;br /&gt;
The SC had devised the curative jurisdiction in 2002 in its order in the Rupa Ashok Hurra case whereby a litigant could, as the last recourse, seek reconsideration of a judgment even after a review petition had been dismissed, on grounds of alleged violation of principle of natural justice and bias. A curative petition is considered in chamber by a bench that includes the three senior-most judges of the SC and the judges who had delivered the judgment in question. Rohatgi gave three grounds terming the process for cura for terming the process for curative petitions as “unfair and flawed“. He said, “If the judges who had delivered the judgment and dismissed the review petition were to be part of the bench to hear the curative petition, then it is obvious that the result would go the same way as the fate of the review petition. If the intention is to have a relook at the judgment, then the curative petition must be placed before a bench which does not include the judges who had delivered the judgment.“&lt;br /&gt;
&lt;br /&gt;
Speaking to TOI, the AG also faulted the procedure adopted in deciding curative petitions. “In camera proceedings are contrary to the notion of dispensation of justice under public gaze. The court proceedings in India are open to public, except in exceptional circumstances,“ Rohatgi said.&lt;br /&gt;
&lt;br /&gt;
The third ground, he said, was the absence of petitioner's counsel to argue before the bench dealing with the curative petition. “The procedure established through the Hurra judgment is not in accordance with the principles of natural justice and deserves a relook urgently,“ he said. On Wednesday, the SC up held its direction for mandatory registration of FIR against armed forces personnel, even in disturbed areas under AFSPA, for every encounter death despite the Centre pleading that this order could jeopardise efforts to maintain peace and security .&lt;br /&gt;
&lt;br /&gt;
In a chamber hearing without the presence of law officers for the Centre, a bench of Chief Justice J S Khehar and Justices Dipak Misra, J Chelameswar, Madan B Lokur an U U Lalit had dismissed the Union government's curative petition against the judgment delivered last year. “We find no merit in the curative petition,“ it said before rejecting the plea.&lt;br /&gt;
&lt;br /&gt;
By the July 8, 2016 order, the SC had negated the protection against prosecution available to armed forces under AFSPA. The Centre had said, “If the position maintained by the impugned order continues, it may one day be well-nigh impossible to maintain peace and security .“&lt;br /&gt;
&lt;br /&gt;
=High Courts’ judgements and the SC=&lt;br /&gt;
==Complimenting HCs==	&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F21&amp;amp;entity=Ar01302&amp;amp;sk=A1C1C65B&amp;amp;mode=text  Dhananjay Mahapatra, How often does SC compliment HCs? Every now &amp;amp; then, January 21, 2018: ''The Times of India'']&lt;br /&gt;
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The fulsome praise showered by the Supreme Court on the Delhi high court for deciding the sexual harassment case against filmmaker Mahmood Farooqui may appear to be against the run of play because of the perception that HC verdicts are routinely overturned by the apex court.&lt;br /&gt;
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However, a quick scan of important cases heard by the apex court by way of appeals against high court verdicts reveals that, contrary to the widely held impression, in the majority of cases the SC has not only agreed with the HCs but even rebuked state governments for contesting well-reasoned orders. There have, of course, been instances of the apex court faulting HCs for falling into error.&lt;br /&gt;
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“The Supreme Court needs to be complimented for complimenting the high court,” said a senior lawyer.&lt;br /&gt;
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In March last year, the Calcutta HC ordered the CBI to take hold of all material, including Narada sting operation videos allegedly showing Trinamool members taking bribe, and register a preliminary enquiry (PE) in 72 hours. The West Bengal government cried foul and accused the CBI of political vendetta and appealed in the SC. The apex court strongly criticised the Mamata Banerjee government, made its counsel apologise, and held that the appeal was “most unfortunate” deserving “outright rejection”.&lt;br /&gt;
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The SC had said: “We have perused the order under challenge and it emerges that the HC took into consideration the material which required holding of PE at the hands of the CBI. We find no infirmity with the determination of the HC as the rights of petitioners are fully protected.”&lt;br /&gt;
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In February 2015, the Delhi high court restrained Prasar Bharati from sharing the free live telecast feed of cricket matches available to Doordarshan with cable operators. In August last year, the SC said the HC had correctly decided the case and affirmed the order.&lt;br /&gt;
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The Delhi high court will also draw satisfaction in the SC fully endorsing its verdict convicting four persons and awarding them death penalty for the gang rape and murder of ‘Nirbhaya’ in December 2012. The Supreme Court, after minute scrutiny of every piece of evidence, found no infirmity in the HC judgment. It is one of those rare cases where the trial court, the HC and the SC were on the same page.&lt;br /&gt;
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In contrast, the 2001Parliament attack case shows how scrutiny of evidence at the higher levels of judiciary makes certain evidence, relied on by the trial court, appear doubtful. In this case, the trial court had awarded death sentences on Mohammad Afzal Guru, Shaukat Hussain Guru and SAR Gilani, and a five-year jail term to Afsan Guru. The HC upheld the death sentence for Afzal and Shaukat but acquitted Gilani and Afsan. The SC, despite terming the HC order “well reasoned”, awarded death only to Afzal, a 10-year jail term to Shaukat and upheld the acquittal of Gilani and Afsan.&lt;br /&gt;
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In November last year, the Supreme Court had upheld an Uttarakhand HC verdict approving the assembly speaker’s decision to disqualify nine MLAs for defecting from Congress and said it was a “well-reasoned order”. In December last year, the SC was again on the same page with the Delhi HC in refusing to accord ‘Vande Mataram’ status equivalent to that of the national anthem.&lt;br /&gt;
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Last month, it also agreed with theDelhi HC and dismissed a petition filed by AAP member Raghav Chadha, who had challenged the trial judge’s decision to summon him to face proceedings in a defamation case filed against him by finance minister Arun Jaitley for merely retweeting an allegedly defamatory statement by Delhi chief minister Arvind Kejriwal.&lt;br /&gt;
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However, there are occasions when the SC expressed annoyance with the HCs, as it did last year in the fodder scam case. The Jharkhand HC had said the scam was a product of one conspiracy and hence former Bihar CM and RJD chief Lalu Prasad could not be made to face conspiracy charge in fodder scam cases relating to different treasuries. The SC overturned the order and criticised the HC for “ignoring the settled principles of law” that instances of illegal withdrawal of crores of rupees from every treasury require a separate trial. That is how Lalu Prasad came to be convicted in the second fodder scam case and faces more trials.&lt;br /&gt;
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= Impeachment =&lt;br /&gt;
[https://www.indiatoday.in/magazine/up-front/story/20180416-cji-dipak-mishra-impeachment-supreme-court-1206276-2018-04-05#ssologin=1#source=magazine Faizan Mustafa , Judging our judges “India Today” 16/2/2018]&lt;br /&gt;
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Yet no judge has so far been impeached in India. In 2010, senior lawyer and former law minister Shanti Bhushan asserted, in an affidavit in the Supreme Court, that out of 16 chief justices of India, as many as eight were 'definitely corrupt'. There was a move to impeach CJI M.M. Punchhi for acquitting a person on the basis of a compromise in a matter of criminal breach of trust-which is a non-compoundable offence-for allegedly extraneous considerations, but the requisite number of MP signatures could not be procured for the impeachment motion. Last year, CJI J.S. Khehar too was mired in a controversy over the suicide note of former Arunachal Pradesh chief minister Kalikho Pul. Justice Markandey Katju too had made serious allegations about the extension given to a Madras High Court judge by three CJIs under political pressure from the DMK and UPA.&lt;br /&gt;
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The ill-conceived, half-hearted and unrealistic move to impeach CJI Dipak Misra on charges that are hard to prove should cue attempts to put in place a system of judicial accountability short of impeachment.&lt;br /&gt;
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A judge can be impeached by Parliament on grounds of 'proved misbehaviour or incapacity'. Judges hold office, not only in India but also in, say, Britain and the US, during what may be termed as 'good behaviour' periods. The CJI too can be impeached like any other judge as he is simply the first among equals. The Supreme Court itself has held that 'misconduct' is a relative term that could connote &amp;quot;wrong conduct or improper conduct&amp;quot;. The Judges (Inquiry) Bill, 2006, did include wilful, persistent failure to perform duties within the definition of 'misconduct', but it is difficult to argue that writing of fewer judgments or wrong judgments amounts to 'misconduct' or 'incapacity'.&lt;br /&gt;
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Public perception matters in the discharge of judicial functions. If there is even a baseless perception that the CJI and/ or other judges are under the influence of the government and matters in which the government is interested are given to pliant benches, it may be a worrisome sign for the independence of the judiciary. However, none of this, including the controversial constitution of a seven- and then five-judge bench with great alacrity to overturn a decision of a three-judge bench in the Lucknow medical college case, may really meet the stringent criteria of 'misconduct'.&lt;br /&gt;
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Corruption is a cognisable offence, yet in the Justice K. Veeraswami case (1991), the apex court laid down that no FIR can be filed against a judge without the permission of the CJI. Although the case was about corruption, the Supreme Court extended protection to all cases. If the allegation of corruption is against a Supreme Court judge, the President could order an investigation in consultation with the CJI. If the allegation was against the CJI, the President had to consult other judges and act on their advice. In CJI Khehar's case, since the allegations were not only against him but also against the then President (Pranab Mukherjee), Khehar rightly ordered that the matter be referred to an appropriate bench.&lt;br /&gt;
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The impeachment process is so time-consuming and tortuous that it practically gives judges immunity. We, therefore, must evolve other mechanisms to evaluate the performance of judges. Judicial accountability promotes at least three discrete values: the rule of law, public confidence in the judiciary, and institutional responsibility. Many US states have a 'merit plan' to evaluate judicial performance. States such as Arizona, California and Utah have Judicial Performance Review Commissions/ Councils. These consist of not only judges and lawyers but also laypersons. New York and Alaska have systems of evaluation by trained court observers who make unscheduled court visits. Judges are evaluated on their knowledge of law, integrity, sentencing, impartiality etc. Judges must be judged too, and we need mechanisms that enable this.&lt;br /&gt;
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=Judgements, famous=&lt;br /&gt;
==Disaster relief order: 2016==&lt;br /&gt;
[http://epaperbeta.timesofindia.com//Article.aspx?eid=31808&amp;amp;articlexml=SC-erred-in-disaster-relief-order-26052016011035 ''The Times of India''], May 26 2016&lt;br /&gt;
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Dhananjay Mahapatra&lt;br /&gt;
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In its over-zealousness to protect the lives of citizens reeling under severe drought in several states, the Supreme Court has erred in directing the Centre to set up a National Disaster Mitigation Fund (NDMF) under a non-operational statutory provision which had riled the government.&lt;br /&gt;
Led by finance minister Arun Jaitley , the government had accused the judiciary of wanton interference in the executive's exclusive domain of earmarking funds for various purposes under the budgetary exercise.&lt;br /&gt;
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The SC on May 11 had quoted Section 47 of the Disaster Management Act, which provides for setting up of NDMF for projects exclusively for the purpose of mitigation -measures aimed at reducing the risk of disaster.&lt;br /&gt;
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Slamming the government, the SC had said, “Although the DM Act has been in force for more than 10 years, the NDMF has not yet been constituted. Therefore, there is no provision for mitigation of a disaster.“ It said since the Centre had not set up NDMF, it was unlikely that states or district administrations would have set up disaster mitigation funds.&lt;br /&gt;
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“As mandated by Section 47 of the DM Act, 2005, a Na tional Disaster Mitigation Fund is required to be established. Unfortunately, no such fund has been constituted till date. Accordingly, we direct the Union of India to establish a National Disaster Mitigation Fund within three months,“ the bench said and set August 10 as the deadline to set up NDMF.&lt;br /&gt;
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While the anxiety to come to the rescue of those affected by droughts was reflected in the judgment of Justices Madan B Lokur and N V Ramana, the bench missed the fact that Section 47 of the DM Act was not yet notified. None of the counsel -neither additional solicitor general P S Narasimha nor the advocates appearing for states -drew the court's attention to the fact that Section 47 mandating setting up of NDMF was not notified by the government and, hence, remained non-operative.&lt;br /&gt;
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As a result of this mistake, the SC ended up directing the Centre to implement a provision of law which for all practical purposes is non-existent.&lt;br /&gt;
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A day after the SC directed the Centre to set up NDMF, Jaitley said the judiciary was progressively appropriating the executive's powers. “Step by step, brick by brick, the edifice of India's legislature is being destroyed,“ he said and his remark was appreciated by MPs cutting across party lines.&lt;br /&gt;
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==Setting up a Disaster Response Force==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=SC-also-erred-in-asking-govt-to-set-28052016012059 ''The Times of India''], May 28 2016&lt;br /&gt;
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'''SC also erred in asking govt to set up Disaster Response Force: ASG'''&lt;br /&gt;
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Additional solicitor general P S Narasimha on Friday said the Supreme Court erred not only in directing setting up of National Disaster Mitigation Fund (NDMF) but also in asking the Centre to set up a National Disaster Response Force (NDRF).&lt;br /&gt;
Responding to a TOI report published on Thursday, Narasimha said during the arguments on a PIL filed by `Swaraj Abhiyan', he had pointed out to the court that Section 47 of Disaster Management Act had left it to the Union government's discretion whether or not to set up NDMF by using the words “the government may“.&lt;br /&gt;
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“Apart from this, I had also pointed out to the court that National Disaster Re sponse Fund under Section 46 was already constituted and in fact been operated since 2010. During the course of hearing, I had elaborately pointed out the distinction between mandatory provisions and those which are enabling,“ he said.&lt;br /&gt;
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He added that he had also brought to the court's notice the rejection of a proposal to set up NDMF by the 13th Finance Commission, which was of the view that funds were already available to different ministries under the DM Act for mitigation measures connected to a disaster.&lt;br /&gt;
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“Surprisingly , in its judgment on May 11, the court directed constitution of NDMF. Equally erroneously, the judgment directed formation of NDRF, although such a force has already been constituted under Section 44 with the requisite manpower. This fact was brought to the notice of the bench by a senior officer of the disaster management authority who was present in the court,“ Narasimha said.&lt;br /&gt;
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The ASG objected to the TOI report which said that “the bench missed the fact that Section 47 of the DM Act was not yet notified as none of the counsel -neither additional solicitor general P S Narasimha nor advocates appearing for the states -drew the court's attention to this fact“. TOI had reported that the SC had erred by directing constitution of NDMF as Section 47 was nonoperational.&lt;br /&gt;
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He said attribution of this omission to him was erroneous as he had presented all facts before the court.“For these reasons, I promptly advised filing of a review petition as these findings constitute errors apparent on the face of the record,“ he said.&lt;br /&gt;
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However, none of the written submissions presented by the Centre to the court during the hearing mentioned the fact that non-notification of Section 47 barred the court from directing the government to constitute NDMF.&lt;br /&gt;
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=Judges=&lt;br /&gt;
==Advocates who gained straight entry to the SC==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=4-new-SC-judges-2-rarities-05052016001068 ''The Times of India''], May 5, 2016&lt;br /&gt;
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2016: Senior advocate L Nageshwar Rao joined a super-exclusive club of advocates to gain straight entry to the SC: Kuldip Singh, Santosh Hegde, U ULalit and R F Nariman. Rao was additional solicitor gene ral under both UPA and NDA before resigning in 2015.&lt;br /&gt;
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==Both father and son as SC judges==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=4-new-SC-judges-2-rarities-05052016001068 ''The Times of India''], May 5, 2016&lt;br /&gt;
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2016: The collegium headed by the Chief Justice of India recommended appointment to the Supreme Court of Allahabad HC chief justice DhananjayChandrachud. Justice Chandrachud's father Yeshwant was CJI from February 1978 to July 1985. Appointed a judge in Bombay HC at just 40, Chandrachud Junior has nine years of service left and a strong chance of creating history by also becoming CJI. Only once before have both father and son made it to the SC N H Bhagwati and P N Bhagwati, who went on to become CJI.&lt;br /&gt;
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=Judges' differences with the Chief Justice=&lt;br /&gt;
==2018, Jan: Four SC judges’ press conference==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/shock-sc-judges-press-conference-let-nation-decide-about-cjis-impeachment/articleshow/62471142.cms      Supreme Court judges' press conference: 'Let nation decide about CJI's impeachment' | Jan 12, 2018  | TIMESOFINDIA.COM]&lt;br /&gt;
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[[File: Some brief profiles of Justice Dipak Misra, Justice Chelameswar, Justice Ranjan Gogoi, Justice Kurian Joseph and Justice Madan B Lokur.jpg|Some brief profiles of Justice Dipak Misra, Justice Chelameswar, Justice Ranjan Gogoi, Justice Kurian Joseph and Justice Madan B Lokur &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01417&amp;amp;sk=983FB026&amp;amp;mode=text  January 13, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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[[File: 2018 Jan- WHAT THE JUDGES' LETTER to the CJI SAID.jpg|2018 Jan- WHAT THE JUDGES' LETTER to the CJI SAID;  &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01404&amp;amp;sk=1CD28F5D&amp;amp;mode=text  January 13, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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NEW DELHI: In an unprecedented move, four senior Supreme Court judges today called a press conference to express their displeasure with the Chief Justice of India (CJI) Dipak Mishra and with the way he was assigning cases.&lt;br /&gt;
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''' Highlights ''' &lt;br /&gt;
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*The four judges' letter to the CJI [in Nov 2017] airing their grievance about selective assigning of important cases&lt;br /&gt;
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*&amp;quot;The CJI is only the first among equals nothing more and nothing less&amp;quot;, they said&lt;br /&gt;
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*The judges acknowledged that what they were doing - in calling a press conference - was highly unusual&lt;br /&gt;
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The four judges+ ' wrote a letter to the CJI two months ago, airing their grievances about selective assigning of important cases to judges who are junior to them. They also said they have issues with the assignment of the case to do with the mysterious death of Justice BH Loya, who was hearing the Sohrabuddin fake encounter case.&lt;br /&gt;
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&amp;quot;The convention of recognising that CJI is the master of roster and assigns cases to different benches is for disciplined and efficient transaction of court business and not a recognition of superior authority,&amp;quot; they said in the letter.&lt;br /&gt;
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&amp;quot;The CJI is only the first among equals nothing more and nothing less&amp;quot;, they added.&lt;br /&gt;
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The judges were Justice Chelameswar, Justice Gogoi, Justice Lokur and Justice Kurian Joseph. They said they are speaking out because &amp;quot;democracy will not survive if the judiciary is not impartial&amp;quot;. [These four honourable judges ranked at nos.1, 2, 3 and 4 among  the 24 [[Supreme Court: India: Sitting judges ]], not counting the Hon. Chief Justice of India, who obviously was senior to them all.]&lt;br /&gt;
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The judges said they were annoyed that the medical college admissions scam was sent to court no 7 after a Justice Chelameswar headed bench sent it to a five-judge bench of himself, the CJI and Justices Gogoi, Lokur and Joseph.&lt;br /&gt;
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They also said they wanted to highlight unspecified irregularities in the judiciary and to say that the CJI Mishra isn't doing anything to remedy the situation, despite the letter they wrote him some months ago.&lt;br /&gt;
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When the Justices were asked if the issues were to do with the Collegium as well, they didn't confirm or deny it. When asked if CJI Mishra should be removed, one of them said, &amp;quot;Let the nation decide on his impeachment.&amp;quot;&lt;br /&gt;
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They said they sent the CJI the letter but didn't hear back, and then they met him again this morning, to no avail.&lt;br /&gt;
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&amp;quot;We collectively tried to persuade the CJI that certain things aren't in order so take remedial measures but unfortunately our efforts failed,&amp;quot; said Justice Chelameswar.&lt;br /&gt;
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The four judges said many &amp;quot;undesirable&amp;quot; things have occurred in the judiciary lately.&lt;br /&gt;
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&amp;quot;The administration of the SC is not in order and many things which are less than desirable have happened in last few months,&amp;quot; said Justice Chelameswar.&lt;br /&gt;
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A few minutes before the press conference, the SC said, separately, that the &amp;quot;mysterious death of Justice BH Loya is a serious issue&amp;quot;. They asked the Maharashtra government to present all documents to do with his death to the court on Monday. Justice Loya was hearing the Sohrabuddin fake encounter case and died under mysterious circumstances.&lt;br /&gt;
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The judges also had a grievance that the PIL seeking a probe into Justice Loya's death was assigned to court no. 10 and not to any of the first four benches other than CJI-led bench.&lt;br /&gt;
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The judges acknowledged that what they were doing - in calling a press conference - was highly unusual.&lt;br /&gt;
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=== A look at their career track and antecedents ===&lt;br /&gt;
[https://www.indiatoday.in/magazine/the-big-story/story/20180129-supreme-court-rebel-judges-cji-dipak-mishra-1148761-2018-01-19 Damayanti Datta , Brothers at war “ India Today” 29/1/2018]&lt;br /&gt;
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[[File: Brothers at war .jpg| Brothers at war [https://www.indiatoday.in/magazine/the-big-story/story/20180129-supreme-court-rebel-judges-cji-dipak-mishra-1148761-2018-01-19 .&amp;lt;br/&amp;gt; “ India Today”]|frame|500px]]&lt;br /&gt;
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===The events of that day===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F14&amp;amp;entity=Ar00903&amp;amp;sk=C743DE97&amp;amp;mode=text  Dhananjay Mahapatra, Judges’ presser sharpened double-edged swords wielded by activist lawyers, January 14, 2019: ''The Times of India'']&lt;br /&gt;
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It was Friday, January 12, 2018. Fridays in Supreme Court are busy days. But four seniormost judges wound up judicial work in 45 minutes. The SC corridor was agog with rumours about an impending unprecedented press conference by them. Journalists rushed to Justice Jasti Chelameswar’s official residence. History was made. The rumours came true. The judges cornered then CJI Dipak Misra.&lt;br /&gt;
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But Justice Chelameswar donned a worried look, his gaze fixed at the entrance of his residential bungalow. Explaining the worry lines on his forehead, he had said, “If the three johnnies don’t come, I will be in a soup as I had put my neck out.” The three — Justices Ranjan Gogoi, Madan B Lokur and Kurian Joseph — trooped in a little later. Justice Chelameswar sported a smile of relief.&lt;br /&gt;
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We all know what happened later — how an activist lawyer attended the presser, was stopped from asking questions by journalists and was closeted with Justice Chelameswar immediately after the press conference. How a Left leader went to meet Justice Chelameswar, how the presser was used to exert pressure on the then CJI by politician-lawyers to defer adjudication of Ayodhya case and how it became a ground for moving an unprecedented removal motion by Congress against the then CJI in Parliament.&lt;br /&gt;
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The presser further unnerved CJI Misra, who was on the back foot since November 2017 when Justice Chelameswar attempted to snatch the CJI’s power as ‘master of roster’ by setting up a fivejudge bench to hear a petition by ‘forum hunting’ activist-lawyers seeking a probe into the CJI’s alleged role in the medical college admission scam.&lt;br /&gt;
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CJI Misra had to hurriedly set up a five-judge bench to annul Justice Chelameswar’s order and reiterate the CJI’s sole prerogative in assigning a case to a particular bench and determining the number of judges on the bench. The CJI was damned by both the rebel judges and the activist-lawyers for allocating cases of national importance arbitrarily to select benches of “junior” judges perceived to have political leanings.&lt;br /&gt;
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Less than a year later, CJI Ranjan Gogoi notified a five-judge constitution bench to adjudicate the Ayodhya land dispute case. It surprised many as a three-judge bench on September 27 had rejected a demand for its reference to a five-judge bench and ruled that a three-judge bench would decide it.&lt;br /&gt;
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CJI Gogoi explained that he used his plenary powers under Order VI Rule 1 of Supreme Court Rules, 2013, to set up the five-judge bench. On wonders why the same rule was not the saviour for CJI Misra when he set up a five-judge bench for reiteration of the CJI’s prerogative in allocating cases to a bench and its numerical strength. While CJI Mishra was damned, the Muslim parties hailed CJI Gogoi saying “this is how a CJI must act”. If a CJI’s orders are favourable, activist-lawyers waste no time in crowning him as the most independent judge on earth.&lt;br /&gt;
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Allocation of petitions seeking probe into alleged suspicious death of judicial officer B H Loya to a bench headed by Justice Arun Mishra had triggered the January 12 presser. Justice Mishra recused. A&lt;br /&gt;
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three-judge bench led by CJI Misra heard the case and dismissed the petitions. They drew a lot of flak. The activist-lawyers missed no words in the dictionary to berate the then CJI.&lt;br /&gt;
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For any CJI, the SC is a pitch of quicksand prepared by activist-politician lawyers. The moment a judge gets into the post of CJI, these lawyers miss no opportunity to attempt to push him on the back foot to make sure the SC entertains their PILs, genuine as well as tainted, which give them immense clout in social, political and bureaucratic circles.&lt;br /&gt;
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A cornered CJI Misra reacted on expected lines and entertained a huge number of PILs. But CJI Gogoi is not one to be pushed on the back foot. When the CBI vs CBI PIL, followed by another on the Rafale aircraft deal, came up before him, he earned the ire of the same group of lawyers for the manner in which he surgically heard the cases without permitting lengthy arguments. Immediately, they turned against him.&lt;br /&gt;
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Even before the judgments were delivered, the activist-politician lawyers were at their usual work — spreading the word in the corridors and social media that CJI Gogoi would dismiss both petitions and that he was worse than CJI Misra. These lawyers have already started digging into the past to find some link to brand CJI Gogoi as close to the government. Such is the danger for a CJI.&lt;br /&gt;
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After his retirement, Justice Chelameswar had boasted that he had strived for transparency and objectivity in the collegium process for selection of judges to the SC and HCs. When he was part of the collegium, Justice Chelameswar had taken advantage of the then CJI’s proposal to abruptly change an earlier recommendation — a Karnataka HC judge’s transfer to Bombay HC was to be annulled and he was to be sent to Allahabad HC.&lt;br /&gt;
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Justice Chelameswar agreed, but with a quid pro quo — transfer a Kerala HC judge to Andhra Pradesh HC even though he knew that the HC judge, prior to his appointment, had given an affidavit to the SC to never press for his transfer back to AP HC. The CJI had to agree. But the Union government refused to act on this recommendation.&lt;br /&gt;
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The CJI Gogoi-headed collegium has now recommended transfer of that Kerala HC judge to Bombay HC, superseding its earlier recommendation. What is the status of transparency and objectivity, both then and now, which the judges’ press conference had pressed for?&lt;br /&gt;
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In SP Gupta case [1981 (sup) 1 SCC 87], described as the first judges’ case, the SC had said, “Unfortunately, it is the easiest thing to make false, reckless and irresponsible allegations against judges in regard to their honesty and integrity and in recent times, the tendency has grown to make such allegations against judges because they have decided the case in a particular manner, either against a dissatisfied litigant or contrary to the view held by a group or, section of politicians or lawyers or members of public.”&lt;br /&gt;
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How true today after nearly 40 years! When Justice Gogoi took umbrage to the Loya case allocation during the presser, activist-politician lawyers hailed him as the epitome of honesty, integrity, independence and fearlessness. In less than a year, the same lawyers have turned against him merely because he refuses to be cowed down by their tactics and continues to decide cases on merit, with or without meeting their expectations. Such is the life of a CJI, very lonely and unnerving.&lt;br /&gt;
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==The Five main issues that annoyed the Hon Judges==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/senior-sc-judges-press-conference-five-main-issues-that-annoyed-them/articleshow/62472066.cms     Senior SC judges' press conference: Five main issues that annoyed them | Jan 12, 2018|TIMESOFINDIA.COM]&lt;br /&gt;
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The four senior Supreme Court (SC) judges who called an unprecedented press conference today had grievances to do with the assignment of cases and how the Chief Justice of India Dipak Mishra was handling it. Here are the 5 main issues that annoyed them:&lt;br /&gt;
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1) The four senior judges+ believe that all important cases get heard by CJI-led bench and do not get distributed to other senior judges heading benches.&lt;br /&gt;
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2) The four judges also said there have been instances where cases that have far-reaching consequences for the nation and the judiciary were assigned by the Chief Justice selectively - to benches of their preference - and not based on rationality. &amp;quot;This must be guarded against at all costs,&amp;quot; said the 4 senior SC judges.&lt;br /&gt;
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3) Specifically, the Four judges were annoyed that a public interest litigation seeking a probe into Judge B M Loya's &amp;quot;mysterious&amp;quot; death was assigned to court no. 10 and not to any of the first four benches other than the CJI-led bench.&lt;br /&gt;
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4) The judges further had a simmering grievance about the medical college admissions scam being sent to court no 7 after a Justice Chelameswar headed bench sent it to a five-judge bench of himself, the CJI, himself, and Justices Gogoi, Lokur and Joseph. The medical college admissions scam is to do with the role of sitting and retired judges of high courts in enabling private medical colleges admit students to MBBS courses despite the apex court's order to the contrary.&lt;br /&gt;
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5) The four judges also said that it was wrong on part of CJI to head a small bench and deal with the memorandum of procedure when it was earlier heard by a five-judge bench.&lt;br /&gt;
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===They felt the ‘CJI was being remote-controlled’ ===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F03&amp;amp;entity=Ar00127&amp;amp;sk=4F4A6C0F&amp;amp;mode=text  Dhananjay Mahapatra, December 3, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: &amp;quot;Presser was Justice Chelameswar's idea&amp;quot;.jpg|&amp;quot;Presser was Justice Chelameswar's idea&amp;quot; &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F03&amp;amp;entity=Ar00127&amp;amp;sk=4F4A6C0F&amp;amp;mode=text  Dhananjay Mahapatra, December 3, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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'' ‘Judges With Perceived Bias Given Cases’ ''&lt;br /&gt;
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In a stunning claim, retired Supreme Court judge Kurian Joseph said he and three other most senior SC judges held their muchdiscussed press conference on January 12 as they felt that then CJI Dipak Misra was being controlled from outside and was allocating cases to judges with political bias.&lt;br /&gt;
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In an exclusive interview to TOI, Justice Joseph narrated in detail the turbulent times in the apex court, leading to the unprecedented press conference by him with three most senior judges — Justices Jasti Chelameswar, Ranjan Gogoi and Madan B Lokur. Asked what went wrong within four months of Justice Misra taking over as CJI, Justice Joseph said, “There were several instances of external influences on the working of the Supreme Court relating to allocation of cases to benches headed by select judges and appointment of judges to the Supreme Court and high courts.&lt;br /&gt;
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===’Held presser after all attempts failed’===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F03&amp;amp;entity=Ar01104&amp;amp;sk=92F63973&amp;amp;mode=text  Dhananjay Mahapatra, December 3, 2018: ''The Times of India'']&lt;br /&gt;
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“Someone from outside was controlling the CJI (Dipak Misra), that is what we felt. So we met him, asked him, wrote to him to maintain independence and majesty of the Supreme Court. When all attempts failed, we decided to hold a press conference,” former Supreme Court judge Kurian Joseph told TOI in an exclusive interview.&lt;br /&gt;
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Asked to elaborate on the “external influence”, Justice Joseph said, “Starkly perceptible signs of influence with regard to allocation of cases to different benches selectively, to select judges who were perceived to be politically biased.”&lt;br /&gt;
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Asked whether it was a unanimous decision to go for the press conference, he said, “Justice Chelameswar was the initiator of the idea of press conference. But we three agreed with him.”&lt;br /&gt;
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At the headline-hogging Press conference, the rebel judges questioned the functioning of then CJI Misra, including allocation of hearing of a petition seeking probe into the alleged suspicious death of judicial officer B H Loya to a bench headed by Justice Arun Mishra, who later recused from the case after a showdown with Justice Chelameswar at the routine morning meeting of SC judges on January 13.&lt;br /&gt;
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The presser and allegations of the then CJI getting cosy with the establishment were cited as grounds in the motion moved by Congressled opposition parties in the Rajya Sabha seeking Justice Misra’s removal. The notice for the motion was rejected by Rajya Sabha chairman M Venkaiah Naidu for lack of any convincing grounds.&lt;br /&gt;
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Born in a family with modest means, Justice Joseph persevered to rise in his profession, reaching the number three spot in the SC. His father was a clerk in the Kerala high court, where he started his practice in 1979 at the age of 26. He was appointed additional advocate general of Kerala in 1994 and was designated a senior advocate in 1996.&lt;br /&gt;
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“It was a proud moment for me when I took oath as a judge of the Kerala HC in 2000, the HC where my father had worked as a clerk. His meagre income was insufficient to run a large household comprising seven children. I used to go to school barefoot and got my first slippers when I was in Class 7,” he said.&lt;br /&gt;
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A deeply spiritual person, Justice Joseph believes that dispensing justice is a constitutional duty where compassion holds the balance. In his tenure of five years and eight months, he disposed of 8,612 cases and wrote over 1,000 detailed judgments.&lt;br /&gt;
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His prayer before deciding cases would humble the most knowledgeable, “I always had the same prayer on my lips when I heard a case: ‘God, let justice not be denied to a deserving person only because of my lack of knowledge or inadequate preparation on my part. And give me wisdom to discern justice in the case’.” Justice Joseph said he read each and every case file and his law clerks were utilised only for research purposes.&lt;br /&gt;
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==Allahabad HC, Devi Dayal case, 1959: CJ’s right to assign cases==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F22&amp;amp;entity=Ar02105&amp;amp;sk=8E903F63&amp;amp;mode=text  Dhananjay Mahapatra, SC may see transparency, but judiciary will pay price for presser, January 22, 2018: ''The Times of India'']&lt;br /&gt;
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No greater damage can be caused to the administration of justice and to the confidence of people in judicial institutions when judges of the higher courts publicly express lack of faith in the subordinate judges,” the Supreme Court had said more than two decades ago in Braj Kishore Thakur case [1997 (4) SCC 65]. The SC was commenting at the diatribe of an HC judge that a certain trial court judge did not have proper knowledge of law.&lt;br /&gt;
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Imagine the catastrophic damage to people’s faith in judiciary and administration of justice when four seniormost judges of the SC in a coup-like fashion engineered a tweet inviting the media to a certain judge’s residence, slipped out of the SC at noon on a busy Friday and stunned the world by holding a press conference expressing no confidence in the fairness of the Chief Justice of India in assigning sensitive cases of national importance. They alleged that these always went to hand-picked benches headed by junior judges. At the same time, they acknowledge that all judges in the SC were equal, hence no seniorjunior divide.&lt;br /&gt;
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Since 1950, various constitutional courts have frowned at litigants, lawyers and judges attempting to assign cases to a particular judge or bench. The Allahabad HC in Devi Dayal case [AIR 1959 Allahabad 421] had said, “It is only the chief justice who has the right and the power to decide which judge is to sit alone and which cases such judge can decide; further, it is again for the CJ to determine which judges shall constitute a division bench and what work those benches will do... It is for the CJ to allot work to judges and judges can do only such work as is allotted to them.” It went on to say that an order passed by a judge or a bench in a case would not be appropriate if that case had not been assigned to that judge or bench by the chief justice.&lt;br /&gt;
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The Allahabad HC ruling has been the signature tune of higher courts for the last six decades. In Narayan Shamrao Puranik case [AIR 1982 SC 1198], the SC had said, “The chief justice is the master of the roster. He has full power, authority and jurisdiction in the matter of allocation of business of the HC.” The CJ had this power not only as per rules but it “inheres in him in the very nature of things”.&lt;br /&gt;
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A full bench of Madras HC in 1991 in Mayavaram Financial Corporation Ltd had said, “The chief justice has the inherent power to allocate the judicial business of the high court including who of the judges should sit alone and who should constitute the bench of two or more judges. No litigant shall have a right to question jurisdiction of judges or the judge hearing the case. No person can claim as a matter of right that his petition be heard by a single judge or a division bench or a particular judge or a particular division bench. No judge or bench will assume jurisdiction unless the case is allotted to them under the orders of the CJ.”&lt;br /&gt;
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So, is the CJI’s decision to assign petitions on CBI special judge B H Loya’s death to a bench headed by a junior judge the real trigger for the unprecedented press conference? Or, was there more to it than meets the eye? Was the rebellion fuelled by personal ambitions of a certain someone? Or were there lawyerpoliticians who conspired to scuttle the exclusive prerogative of the CJI in assigning cases? Could it also be because the CJI appeared to expedite hearing in a seven year-old appeal in a certain 70-year-old ‘sensitive’ litigation brushing aside feverish and persistent pleas of lawyer-politicians to post it to July 2019? Did certain lawyers act as catalysts for the eruption in the press conference? Why did a lawyer who represents a petitioner in the Loya case attend the press conference and get closeted with the judge at whose house the presser was held? It is hard to lift the veil on the real cause behind the press conference.&lt;br /&gt;
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Sitting atop a pyramidal three-tier justice delivery system, the SC has been serving as the final arbiter of all kinds of disputes — political, social, economic and personal. By the very nature of judicial decisions, most often only one party to the dispute emerges victorious in a litigation. With stakes running high in cases, especially in commercial and public interest litigations which with time have become more and more political interest litigations, the lawyers seek an escape route for their failure in the SC by pushing the blame at ‘bad assigning’ of the case.&lt;br /&gt;
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In the age of free speech, dissent and accusations spread faster than plague on social networks. If one praises a certain judge, he will be branded a stooge and social media will register hundreds of likes from people who have no knowledge either about&lt;br /&gt;
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the person being targeted or the judge. Rumours travel faster than electricity and easily get accepted as ‘fact’ on social media. Take for example, an invitation extended to the media by the NALSA executive chairman, a very senior SC judge, to explain the help it is going to render to lakhs of poor litigants in the hinterland through legal clinics. Despite 24 hours notice, only a few journalists, mostly those who cover the apex court daily, turned up. In contrast, just a tweet went out hinting about the press conference of four senior judges barely half an hour before the event. It attracted swarms of print and electronic media journalists, including eminent ones who seldom cover courts.&lt;br /&gt;
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A seasoned politician would have been surprised by the media response at such short notice.&lt;br /&gt;
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The press conference’s attempt to demolish the unitary command structure of the CJI for assignment of cases appears to herald a coalition era in the SC and possibly would percolate to HCs. In the coalition era on the political front, a government, holding reins of power through a slender majority, was dependent on every single MP. This allowed each MP to have his coterie comprising intellectuals, journalists and activists. Thus, in the coalition era, a lot of people were happy as it served their personal ambitions and interests. In a single party government, there is a drastic reduction in the number of key MPs, which in turn shrinks the population of those thriving on patronage in these three tribes.&lt;br /&gt;
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Is judiciary going to see a similar coalition era after the press conference, when not only judges but lawyers, especially the activists and the brazenly belligerent ones, will have a say in deciding which judge should hear which case? Though the press conference might just be the bitter dose required for ushering in transparency in assigning of cases to benches, it has set a precedent for other judges.&lt;br /&gt;
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They now have the licence to hold a press conference whenever they feel the CJI, an HC CJ or any judge is doing anything wrong, even on a wrong perception.&lt;br /&gt;
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The press conference’s attempt to demolish the unitary command structure of the Chief Justice of India for the assignment of cases appears to herald a coalition era in the apex court and possibly would percolate to the high courts&lt;br /&gt;
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==Retired judges', AG's and lawyers' reactions==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/turmoil-in-supreme-court-top-developments/articleshow/62475813.cms     Turmoil in Supreme Court: Top developments|   Jan 12, 2018 | TIMESOFINDIA.COM]&lt;br /&gt;
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In what could be seen as possible damage control, ''' Attorney General ''' KK Venugopal hinted to ANI that the turmoil could be resolved by [the next day], even as he stressed that the press conference &amp;quot;could have been avoided.&amp;quot;&lt;br /&gt;
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&amp;quot;Today's press conference could have been avoided, but the Supreme Court judges are all statesman with vast experience and knowledge, and I am sure by tomorrow, the entire issue would be &lt;br /&gt;
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Sources in the government told news agency PTI that the conflict was an &amp;quot;internal&amp;quot; matter of the judiciary. This may reflect the ''' government's reluctance to interfere ''' &lt;br /&gt;
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Government sources, however, added that the apex court should settle the issue at the earliest as the faith of the people in the judiciary is at stake&lt;br /&gt;
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[http://www.indpaedia.com/ind/index.php/Supreme_Court:_India#.E2.80.98The_integrity_of_the_institution.E2.80.99    Supreme Court judges' press conference: Other judges' and lawyers' reactions | Jan 12, 2018 | TIMESOFINDIA.COM]&lt;br /&gt;
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Highlights&lt;br /&gt;
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Four senior Supreme Court (SC) judges today called an unprecedented press conference today acknowledged that what they were doing - in speaking to the media - was highly unusual. &amp;quot;This is an extraordinary event and it is with no pleasure we are doing this...We are left with no choice but to address the nation,&amp;quot; said Justice Chelameswar. Here is what other lawyers and some former SC lawyers have to say about that:&lt;br /&gt;
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* PB Sawant, former Supreme Court judge: Judges had to come before media &amp;amp; take this unprecedented step. This means that there is a serious dispute, either with CJI or some internal dispute.&lt;br /&gt;
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* Justice R.S. Sodhi: Issues don't matter. It is their complaint on administrative matter. They are only 4, there are 23 others. 4 get together and show the Chief Justice in a poor light. It is immature and childish behaviour. I think all 4 judges should be impeached, they have no business to sit there and deliver verdicts anymore.&lt;br /&gt;
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*Mukul Mudgal, retired high court judge: There must be some serious reason that they were left with no other option but to hold a press conference. But what connection does Loya have with this? I know nothing about this and I don't want to make comments about any political matter&lt;br /&gt;
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* Indira Jaising, Supreme Court advocate: I think it's a historic Press Conference. It was very well done. I think we, the people of India, have a right to know what is going on within the judiciary and I welcome this.&lt;br /&gt;
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* Salman Khurshid, senior advocate and Congress leader: Deeply sad and pained, also feel a sense of agony that the highest court of the land should come under such severe stress that forces judges to address the media.&lt;br /&gt;
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* Prashant Bhushan, lawyer and politician: It is certainly a very serious development which has cast a huge shadow on the Chief Justice. Somebody had to confront the situation, where CJI is blatantly misusing his powers, hence the unprecedented step (by the 4 judges).&lt;br /&gt;
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*Senior lawyer KTS Tulsi: I am sure they (four judges) have exhausted all other remedies. One could see pain on their faces while they were speaking. The whole matter is with respect to judicial propriety. The question is of natural justice. Whatever is the law for common man, it is applied much more rigorously as far as judges are concerned because they must always be above suspicion&lt;br /&gt;
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* BJP MP Subramanian Swamy: We can't criticize them, they are men of great integrity and have sacrificed a lot of their legal career, where they could've made money as senior counsels. We must respect them. The PM must ensure that the 4 judges and the CJI, in fact, the whole SC come to one opinion and proceed further.&lt;br /&gt;
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(With inputs from agencies)&lt;br /&gt;
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== Lawyer-politicians fanned the flames==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F03%2F05&amp;amp;entity=Ar01100&amp;amp;sk=3A9E7559&amp;amp;mode=text  Dhananjay Mahapatra, Lawyer-politicians ran with hares and hunted with the hounds after Jan 12 presser, March 5, 2018: ''The Times of India'']&lt;br /&gt;
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The unprecedented press conference by four seniormost Supreme Court judges on January 12 shattered the calm exterior of the judiciary. Most of the four wanted to “discharge their debt to the nation” by informing the public about the “anomalous” administrative decisions of the Chief Justice of India.&lt;br /&gt;
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They were naive to assume that their going public would force a course correction in the CJI’s administrative decisions, which included assigning of cases to benches headed by “junior” judges. After watching the unfolding events from close quarters, one is sure they would not have imagined that a simple “debt discharging” press conference would inflict a deep wound on judicial independence, invite political interference and, worse, allow lawyer-politicians to adopt a “run with the hare and hunt with the hounds” strategy to attempt to pressurise the CJI.&lt;br /&gt;
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The four judges candidly said that allocation of petitions seeking a probe into judicial officer B H Loya’s death to a “junior SC judge” was the tripping point.&lt;br /&gt;
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In reality, it was the personal perception about handling of the medical scam case, coupled with a judge’s unflagging ambition to achieve the unattainable, which fuelled the rebellion.&lt;br /&gt;
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Lawyer-politicians seized the opportunity and added two more cases — one, sudden activation of a dormant Ayodhya case on the request of BJP leader Subramanian Swamy and second, reopening of 1984 anti-Sikh riot cases by appointment of a committee headed by former Delhi HC judge S N Dhingra — to target the CJI.&lt;br /&gt;
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On the political front, these lawyer-politicians kept the CJI on tenterhooks by strongly lobbying with their party bosses to initiate a motion for the CJI’s removal. In court, they seamlessly slipped into black robes and smilingly argued before the bench seeking relief in politically sensitive cases.&lt;br /&gt;
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The SC had not experienced the machinations of such lawyer-politicians when it said in C Ravichandran Iyer case [1995 (5) SCC 457], “The judges of higher echelons should not be mere men of clay with all the frailties and foibles, human failings and weak character which may be found in those in other walks of life.&lt;br /&gt;
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They should be men of fighting faith with tough fibre not susceptible to any pressure — economic, political or any sort.”&lt;br /&gt;
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It is easy to say that judges must be of tougher material than lawyers, the community from which they are mostly drawn. But a threat to bring removal motion against a judge as a sinister design to make him cower in fear of ignominy has its effect on a man who also lives within society’s bounds.&lt;br /&gt;
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While lawyer-politicians attempted to reap advantage in important cases having political ramifications by attempting to subdue the CJI, the executive too found the fluid situation a fertile ground to undermine judicial independence. Though mercifully it did not interfere in the internal impasse, it definitely took advantage of lack of unity within the collegium to stall appointment of SC and HC judges.&lt;br /&gt;
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So, what did the press conference achieve? It is doubtful whether the grievance about allocation of cases to “junior” judges has been addressed. But surely, it opened the field for political and executive interference in judiciary? In 1995, two bar associations of Bombay (now Mumbai) passed resolutions demanding resignation of then Chief Justice of Bombay HC A M Bhattacharjee, alleging that an astronomical amount was paid by a foreign publisher to market two books authored by him abroad and that this could influence the CJ’s judicial decisions given the lawyers involved in striking the deal. This issue was brought before the SC by one Ravichandran Iyer. The SC had said that except Parliament dealing with a removal motion, “no other forum or fora or platform is available for discussion of the conduct of a judge in the discharge of his duties as a judge of the SC or HC, much less a bar council or a group of practising advocates. They are prohibited to discuss the conduct of a judge in the discharge of his duties or pass any resolution in that behalf ”.&lt;br /&gt;
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Referring to the “extraordinary complexity of modern litigation”, the SC had in the same judgment said, “The independence of judiciary is not limited only to independence from executive pressure or influence, it is a wider concept which takes within its sweep independence from any other pressure and prejudices. It has many dimensions, viz, fearlessness of other power centres, economic and political, freedom from prejudices acquired and nourished by the class to which the judge belongs.”&lt;br /&gt;
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The SC also talked about judicial individualism. It said every judge in constitutional courts enjoyed individual freedom and peers could not exert pressure to make him act in a charted manner.&lt;br /&gt;
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To buttress this argument, the SC had quoted the dissenting opinion of two US Supreme Court judges in the 1970 case ‘Stephen S Chandler vs Judicial Council of the Tenth Circuit of the US’.&lt;br /&gt;
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The dissenting judgment said, “Once a federal judge is confirmed by the Senate and takes his oath, he is independent of every other judge. He commonly works with other federal judges who are likewise sovereign. But neither one alone nor any number banded together can act as censor and place sanctions on him... Some judges may be displeasing to those who walk in more measured, conservative steps but those idiosyncrasies can be of no possible constitutional concern to other federal judges.” It is time SC and HC judges took stock of the fallout of the presser and put heads together to devise ways and means to ward off political, executive and economic powers ever so eager to exert influence on the judiciary, undermining the cardinality of judicial independence.&lt;br /&gt;
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==Differences first erupted over medical scam PIL==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/simmering-differences-in-supreme-court-had-first-erupted-over-medical-scam-pil/articleshow/62480997.cms  Dhananjay Mahapatra, January 13, 2018: ''The Times of India'']&lt;br /&gt;
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''Simmering differences in Supreme Court had first erupted over medical scam PIL''&lt;br /&gt;
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NEW DELHI: The closing of ranks in the judiciary, witnessed in the National Judicial Appointments Commission (NJAC) case three years ago when the Supreme Court (SC) revived the collegium system for the selection of judges to constitutional courts, lay in tatters on Friday when the simmering discontent among the top five SC judges burst out in the open. &lt;br /&gt;
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'''How cases are allocated in Supreme Court '''&lt;br /&gt;
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The immediate trigger for the unprecedented press conference by the four most senior judges — Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph — may have been CJI Dipak Misra's refusal to accede to their request to delete the PIL seeking a probe into CBI judge B M Loya's death from the list of business before court number 10 but the discontent over not being assigned important cases that get space in newspapers and TV channels was simmering for a long time, even before Misra took over the top post in August last year. &lt;br /&gt;
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Justice Chelameswar had protested against the manner in which the collegium functioned and even kept away from its meetings while deciding to put written comments on file for the selection of judges of the SC and HCs during the tenure of then CJI T S Thakur and continued with his stand during CJI H S Khehar's term. However, he had joined collegium meetings during CJI Misra's term. &lt;br /&gt;
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'''What the rift in SC is about '''&lt;br /&gt;
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The first of the major differences between Justice Chelameswar and CJI Misra surfaced in public when a PIL filed by the Committee for Judicial Accountability and Reforms alleging judges' involvement in a medical scam was mentioned for urgent hearing before a bench headed by Justice Chelameswar in December last year. Justice Chelameswar put it up for hearing the next day. But, as is the practice in the SC, the petition got referred to the CJI as the master of roster and he assigned it to a bench headed by Justice A K Sikri. &lt;br /&gt;
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But before the Justice Sikri-led bench could hear it the next day, another petition by advocate Kamini Jaiswal, which was identical to the one filed by the NGO, was mentioned for hearing before the bench headed by Justice Chelameswar with a prayer for urgent hearing. Justice Chelameswar ordered a hearing on the petition at 12.45pm and passed an order placing the petition before a five-judge bench comprising the CJI and the next four most senior judges. &lt;br /&gt;
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As veiled allegations were made against the CJI, with the petitioner's counsel mentioning the arrest of a former Orissa HC judge by the CBI for allegedly taking a bribe to fix a case relating to a medical college, the petition drew massive attention. The other bench headed by Justice Sikri ordered the matter to be placed before the CJI for hearing before an appropriate bench. &lt;br /&gt;
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With Justice Chelameswar virtually taking over the function of the CJI in assigning the petition to a Constitution bench, the CJI hurriedly convened a seven-judge bench, which, within minutes, got reduced to a five-judge bench, and a decision came swiftly that no judge other than the CJI can assign a petition to a particular bench as the CJI is the master of the roster. It annulled Justice Chelameswar's order and assigned the petition by Jaiswal to a bench of Justices R K Agrawal, Arun Mishra and A M Khanwilkar, who are no. 8, 10 and 17, respectively, in the hierarchy. &lt;br /&gt;
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Privately, the senior judges shared their anguish over the CJI not reposing trust in any of them with important cases. Later, the non-assigning of important cases to them, culminating with the petition on Loya's death, triggered the public outburst.&lt;br /&gt;
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==Trigger: Denial of senior bench for PIL on Judge Loya’s death==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar00312&amp;amp;sk=E2D6984D&amp;amp;mode=text  Dhananjay Mahapatra, Final trigger: Rejection of demand for senior bench to hear PIL on judge death, January 13, 2018: ''The Times of India'']&lt;br /&gt;
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New Delhi: The final trigger for the stunning press conference by the four seniormost judges of the Supreme Court came at 10.15am on Friday — just 15 minutes before commencement of proceedings — when&lt;br /&gt;
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Chief Justice Dipak Misra bluntly turned down their last-minute request to shift a politically sensitive case from a particular apex court bench.&lt;br /&gt;
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The CJI made it clear that he would not break tradition, backed by a recent five-judge bench decision giving him sole discretion to assign cases to benches of his choice.&lt;br /&gt;
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On Thursday, a CJI-led bench had admitted a public interest litigation (PIL) seeking a probe into the death of B H Loya, who as special CBI judge was hearing the case of gangster Sohrabuddin Sheikh’s “fake” encounter.&lt;br /&gt;
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The four judges — all members of the crucial collegium by virtue of being No. 2 to No. 5 in seniority — thought that a matter of importance to the integrity of the judiciary and to the nation should be assigned to a bench headed by a judge who was more senior than Justice Arun Mishra, who is 10th in the pecking order of the 25 Supreme Court judges.&lt;br /&gt;
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With the CJI refusing to heed the demand, the rebellious quartet hurriedly called the media at noon after quickly completing the day’s work.&lt;br /&gt;
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Loya died in Nagpur on December 1, 2014. The CBI court subsequently acquitted BJP president Amit Shah, who was among the accused, along with a few others.&lt;br /&gt;
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Supreme Court sources said Misra’s decision was backed by the November 2017 verdict saying the CJI was “master of the roster” and was free to assign cases to any bench and determine the number and composition of judges on a bench.&lt;br /&gt;
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Disappointed by the rejection of their request, the four judges told CJI Misra that they would act as they deemed fit. All four, heading separate benches from court numbers 2 to 5, finished their day’s work within one-and-ahalf hours and rushed to Justice Chelameswar’s house for a press conference which started at 12.20 pm.&lt;br /&gt;
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The CJI’s office said the chief justice has made it clear that he would not break with tradition giving him sole discretion to assign cases to benches of his choice.&lt;br /&gt;
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'''CJI’s office uses rebels’ quote, asks if all are equal, what is the fight'''&lt;br /&gt;
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Cases have been assigned by ex-CJIs — Justices H L Dattu, T S Thakur, J S Khehar — as per their discretion and the present CJI is not doing anything that is contrary to the tradition backed by the constitution bench ruling, sources in the CJI’s office said.&lt;br /&gt;
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This assertion by the CJI’s office found reflection in the letter written by the four seniormost judges to the CJI two months ago. It had said: “There have been instances where cases having far-reaching consequences for the nation and the institution had been assigned by the Chief Justices of this Court selectively to the benches ‘of their preference’ without any rationale basis for such assignment. This must be guarded against at all costs”.&lt;br /&gt;
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The letter also said: “The convention of recognising the privilege of the CJI to form roster and assign cases to different members/benches of the SC is a convention devised for disciplined and efficient transaction of business of the court but not a recognition of any superior authority, legal or factual of the CJI over his colleagues. It is too well settled in the jurisprudence of this country that the CJI is only the first among equals — nothing more or nothing less.”&lt;br /&gt;
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The CJI’s office used this quote and said if these most senior judges were equal to the so-called junior judges in the court, then “what is the grievance against a case getting listed before judge X or judge Y?”&lt;br /&gt;
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==‘Super sensitive’ cases that went to junior SC judges: 1997-2017==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F15&amp;amp;entity=Ar00302&amp;amp;sk=9A55AF0D&amp;amp;mode=text  Dhananjay Mahapatra, January 15, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: 1997-2017-  15 ‘super sensitive’ cases that went to junior SC judges.jpg|1997-2017-  15 ‘super sensitive’ cases that went to junior SC judges &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F15&amp;amp;entity=Ar00302&amp;amp;sk=9A55AF0D&amp;amp;mode=text  Dhananjay Mahapatra, January 15, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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'''See graphic''':&lt;br /&gt;
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''1997-2017-  15 ‘super sensitive’ cases that went to junior SC judges''&lt;br /&gt;
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[''15 ‘super sensitive’ cases in past 20 years went to junior SC judges'''&lt;br /&gt;
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The dramatic press conference by the four seniormost Supreme Court judges to allege that sensitive and important cases were being assigned to “select benches” headed by junior SC judges in the last few months — a charge intended to target Chief Justice Dipak Misra — appears contrary to the way in which such cases have been allotted in the past 20 years.&lt;br /&gt;
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TOI tracked the most ‘sensitive cases of national importance’ in the last two decades. Of them, at least 15 — including those relating to the Bofors scam, Rajiv Gandhi’s assassination, L K Advani’s trial in the Babri Masjid demolition case, the Sohrabuddin Sheikh fake encounter, Best Bakery and the case that changed how BCCI is run — all have one thing in common. They were assigned by the then CJIs not to any of the four seniormost judges of the SC but to ‘select benches’ headed by junior judges.&lt;br /&gt;
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There is little evidence to suggest that seniority of judges is a criterion for allocation of cases, as was suggested by the quartet of Justices J Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph in their letter to the CJI. The manner in which successive CJIs have assigned cases points to a more random selection of benches.&lt;br /&gt;
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Though the dissenting judges did not mention particular cases, apart from confirming that the case of Judge B H Loya was one, the view that “less senior” benches are not as competent does not seem to have been shared by past CJIs.&lt;br /&gt;
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'''Rajiv murder case was assigned to three junior Supreme Court judges'''&lt;br /&gt;
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Some legal experts have argued that the argument raised by the senior SC judges casts a shadow over the independence of other benches and this requires some supportive evidence. Other opinion has held that there is merit in the charges of ‘bench fixing’ levelled by the senior judges and requires a response by the CJI who has held that the roster is his domain as has been the case in the past. Those who disagree with the rebel judges point out that the suggestion that an effort to discreetly &amp;quot;help&amp;quot; the government in cases that might embarrass it needs to be backed up or could be seen as a means to pressure benches hearing various cases.&lt;br /&gt;
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The first of the important cases tracked by TOI relates to appeals filed in 1998 by Nalini and others challenging their conviction and death sentence in the Rajiv Gandhi assassination case. At that point of time, it was the most high profile case in the country. But the then CJI assigned it to three junior judges — K T Thomas, D P Wadhawa and S S M Qadri who sat in courts much farther than those headed by the fifth seniormost SC judge. No questions were raised over selection.&lt;br /&gt;
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In 1999, the CBI filed a new chargesheet in the Bofors case, making stunning allegations. NRI industrialist brothers Srichand and Gopichand Hinduja were made accused. The trial court refused bail. When they came to the SC seeking bail, the then CJI assigned it to court number 8, headed by junior judge M B Shah. They got bail by putting Rs 15 crore bonds. This was not regarded as 'bench fixing' by the then CJI.&lt;br /&gt;
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Advocate Lily Thomas filed a writ petition in 2005 seeking disqualification of MPs and MLAs upon their conviction and sentence for two or more years. Elected representatives were used to holding on to their memberships in Parliament and assemblies by filing an appeal. This game changing petition was assigned by the then CJI to court number 9, which was headed by Justice A K Patnaik, then a junior judge.&lt;br /&gt;
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The Best Bakery case came to SC in 2004 through a writ petition filed by Zahira Habibullah Sheikh. The Gujarat riots case, which earned the then Gujarat government the tag of 'modern day Nero', was handled by then junior judge Justice Arijit Pasayat sitting in court number 11.&lt;br /&gt;
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Rubabuddin Sheikh, brother of Sohrabuddin who was killed in a fake encounter, filed a writ petition in 2007. The case, which turned out to be politically crucial for Amit Shah and Gujarat police, was assigned to a bench sitting in court number 11 headed by Justice Tarun Chatterjee, one of the junior most SC judges at that time. Orders from the court created trouble for BJP and its leadership in Gujarat and did not attract any comment from activist lawyers about possible 'bench fixing'.&lt;br /&gt;
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In 2009, renowned advocate Ram Jethmalani launched a crusade against black money by filing a petition in the SC. The case, which became an election issue in 2014, was handled by court number 9 and by a bench of then 'junior judges' Justices B Sudershan Reddy and S S Nijjar. A year later in 2010, an NGO led by advocate Prashant Bhushan brought the case relating to alleged irregular allotment of 2G spectrum and the then CJI assigned it to court number 11 of Justices G S Singhvi and A K Ganguly. No one can fault the way they handled the case despite being juniors.&lt;br /&gt;
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The same year, the Delhi HC gave a landmark judgment decriminalising consensual sexual relationship in private between adults of LGBTQ community. The appeal by one Suresh Kumar Kaushal in the SC was assigned by to court number 11where a bench headed by Justice G S Singhvi heard it for the first time.&lt;br /&gt;
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In 2011, the CBI filed an appeal, after much dithering, questioning the Allahabad HC decision to drop conspiracy charge against L K Advani and a host of BJP stalwarts in the Babri masji demolition case. In March 4, 2011, the case was heard in court 8 by a bench of Justices V S Sirpurkar and T S Thakur. The bench changed to Justices H L Dattu and Chandramauli Prasad in court 11, then to court number 9 of Justices M Y Eqbal and Arun Mishra in 2016. It passed on to court number 6 of Justices P C Ghose and R F Nariman which gave judgment on April 19 last year reviving the conspiracy charge.&lt;br /&gt;
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In 2012, four explosive PILs were filed — irregular allotment of coal blocks that came close to singe then PM Manmohan Singh, validity of Aadhaar, validity of 66A of Information Technology Act and an alleged sexual assault case against Rahul Gandhi. The coal scam petition by advocate M L Sharma was assigned to a bench headed by Justice R M Lodha sitting in court number 7.&lt;br /&gt;
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The petition challenging the validity of Aadhaar was the only exception to the general rule as it was assigned to court number 5, headed by Justice B S Chauhan. Still the judges with seniority at two, three and four could harbour a grievance why it was not assigned to them by the CJI.&lt;br /&gt;
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An appeal filed by one Kishore Samrite presented a judgment passed by Allahabad HC, which had dismissed Samrite's petition with a cost of Rs 50 lakh, of which Rs 20 lakh was to be given to Rahul Gandhi. The then CJI assigned this to a bench of Justices V S Sirpurkar and T S Thakur in court number 8 and then changed the bench to Justices B S Chauhan and Swatanter Kumar, which dismissed it with a cost of Rs 5 lakh on Samrite.&lt;br /&gt;
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==Seniority is a sacred principle for judges==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01400&amp;amp;sk=6135F966&amp;amp;mode=text  Dhananjay Mahapatra, January 13, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: The numbering and organisation of the Supreme Court of India’s (upto) twelve counts, and the allotment of work to them.jpg|The numbering and organisation of the Supreme Court of India’s (upto) twelve counts, and the allotment of work to them &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01400&amp;amp;sk=6135F966&amp;amp;mode=text  Dhananjay Mahapatra, January 13, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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New Delhi: Seniority is a sensitive issue for high court judges — being the determinant of their career prospects, be it possible appointment as chief justice of an HC, elevation to the Supreme Court and, for the lucky ones, appointment as Chief Justice of India.&lt;br /&gt;
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Though there have been many instances in the past when HC judges were elevated directly to the SC as judges without becoming chief justices of HCs, the principle of seniority continues to be treated with utmost reverence.&lt;br /&gt;
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A judge in the SC gets seniority from the time he takes oath. If more than one take oath on the same day, the one who is sworn in first becomes the senior among them.&lt;br /&gt;
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In case of Justice Jasti Chelameswar, one of the prime movers in the revolt against CJI Dipak Misra on Friday, it was non-adherence to seniority in elevation to the SC as a judge that robbed him of the chance of becoming the CJI.&lt;br /&gt;
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Justice Chelameswar was appointed as an HC judge on June 23, 1997, which was after the appointment of CJI Misra and his immediate predecessor Justice J S Khehar. Justice Misra was appointed as an HC judge on January 17, 1996 while Justice Khehar was appointed on February 8, 1999. But Justice Chelameswar became chief justice of Gauhati HC on May 3, 2007, much before Justice Khehar (November 29, 2009) and Justice Misra (December 23, 2009).&lt;br /&gt;
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However, Justice Chelameswar’s seniority advantage of more than two years over Justices Khehar and Misra was nullified by the then collegium, which appointed Justice Khehar as an SC judge on September 13, 2011, nearly a month before Justices Misra and Chelameswar took oath on October 10, 2011.&lt;br /&gt;
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Fate again played played a trick with Justice Chelameswar as he took oath after Justice Misra, the latter, thus, becoming senior to him.&lt;br /&gt;
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If seniority had taken its course, Justice Chelameswar would have taken over CJI on January 4, 2017 after the retirement of then CJI T S Thakur; ie, before even Justice Khehar, who was succeeded by Justice Misra on August 28, 2017.&lt;br /&gt;
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With the collegium, along with destiny, deciding otherwise, Justice Chelameswar has never refrained from articulating his gripe about the games played in the collegium as it selects people as judges of the SC and HCs. He had put this angst on record in his dissenting judgment as part of the five-judge bench, which by majority had quashed the NJAC which was meant to end collegium’s monopoly in the appointment of judges of HCs and SC .&lt;br /&gt;
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Quoting former SC judge Ruma Pal Justice Chelameswar had said that the collegium acted like a coterie, and that there was a barter system among member judges.&lt;br /&gt;
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Seniority carries other benefits too, especially the privilege of appointing judges of the SC and HCs. The first three SC judges, including the CJI, get to select persons for appointment as judges of HCs. The privilege of appointing chief justices belongs to the five seniormost judges who comprise the collegium. The CJIheaded body also selects persons from among advocates, HC judges and HC CJs for appointment as SC judges. This earns the top five enormous respect among advocates and HC judges.&lt;br /&gt;
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=Judges’, including CJI’s, inter se seniority, authority=&lt;br /&gt;
==2018: ‘No Senior/ Junior Judges; CJI ‘ first among equals’, s/he alone can assign cases==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F04%2F12&amp;amp;entity=Ar00300&amp;amp;sk=59D30F83&amp;amp;mode=text  Dhananjay Mahapatra, SC: CJI ‘ first among equals’, alone entitled to assign cases, April 12, 2018: ''The Times of India'']&lt;br /&gt;
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''No Senior Or Junior Judges, Top Court Says''&lt;br /&gt;
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The Supreme Court ruled that there was no concept of “senior” or “junior” SC judges as all were equally competent to decide any case allotted to them by the Chief Justice of India, who alone had the power to constitute benches and assign cases.&lt;br /&gt;
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Dismissing a PIL filed by advocate Ashok Pande demanding that the CJI-headed three-judge bench must have the two other most senior judges on it, a bench of CJI Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said it was unimpeachably ruled earlier by a fivejudge bench that the CJI was the master of the roster and had the sole discretion of deciding the composition of benches and assigning cases.&lt;br /&gt;
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At an unprecedented press conference on January 12, four senior judges led by Justice J Chelameswar had specifically complained against the allocation of a petition relating to judicial officer B H Loya’s death to a bench headed by a “junior” judge while questioning the CJI’s alleged arbitrary allocation of important cases to benches headed by “select junior” judges.&lt;br /&gt;
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Writing the unanimous judgment that appeared to be a point-by-point rebuttal to the judges’ grievances aired in the press conference and Justice Chelameswar’s subsequent interaction with the media, Justice Chandrachud said the Chief Justice of India was the first among equals (judges) and had “exclusive prerogative in the allocation of cases and the constitution of benches”. He added, “As a repository of constitutional trust, the CJI is an institution in himself.”&lt;br /&gt;
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'''Chief justices of HCs to decide allocation of cases: SC'''&lt;br /&gt;
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Justice Chandrachud said: “The authority which is conferred upon the CJI, it must be remembered, is vested in a high constitutional functionary. The authority is entrusted to the CJI because such an entrustment of functions is necessary for the efficient transaction of the administrative and judicial work of the SC.”&lt;br /&gt;
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“The entrustment of functions to the CJI as the head of the institution is with the purpose of securing the position of the SC as an independent safeguard for the preservation of personal liberty. There cannot be a presumption of mistrust. The oath of office demands nothing less.”&lt;br /&gt;
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Slamming the petitioner’s attempt to classify Supreme Court judges as “senior” and “junior” according to the date of their taking oath in the apex court, Justice Chandrachud said, “Every judge appointed to the SC is invested with equal duty of adjudicating cases which come to the court and are assigned by the CJI. Seniority in terms of appointment has no bearing on which cases a judge should hear.&lt;br /&gt;
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“To suggest that any judge would be more capable of deciding particular cases or that certain categories of cases should be assigned only to the senior-most among SC judges has no foundation in principle or precedent. To hold otherwise would be to cast reflection on the competence and ability of other judges to deal with all cases assigned by the CJI, notwithstanding the fact that they have fulfilled the qualification mandated by the Constitution for appointment to the office.”&lt;br /&gt;
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Another PIL by senior advocate and former law minister Shanti Bhushan, filed through his advocate-son Prashant Bhushan, which sought assigning of cases to the collegium comprising the CJI and the four most senior judges, is pending with the SC. The three-judge bench said, “The Supreme Court has been authorised under Article 145 to frame Rules of Procedure...the petitioner is not entitled to seek a direction that benches of this court should be constituted in a particular manner.”&lt;br /&gt;
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Touching on the functioning of high courts headed by chief justices, the SC said, “In deciding upon the allocation of work and the constitution of benches, the chief justices of HCs have to determine the number of benches which need to be assigned a particular subject matter keeping in view the inflow of work and arrears. The CJs are guided by the need to ensure orderly functioning of the court and the expeditious disposal of cases.”&lt;br /&gt;
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=’Judicial legislation’=&lt;br /&gt;
==Transgressing separation of power between legislature, executive and judiciary?==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=LEGALLY-SPEAKING-Nota-to-quota-SC-had-a-27032017012032  Dhananjay Mahapatra, Nota to quota: SC had a field day in judicial overreach, Mar 27, 2017: The Times of India]&lt;br /&gt;
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In March 2017, members of Parliament cutting across party lines were agitated by the Su preme Court allegedly transgressing the cardinal separation of power between the legislature, the executive and the judiciary . The MPs accused the SC of “overstepping“ its jurisdiction to get into the law-making domain through its judgments.&lt;br /&gt;
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They appear to be still riled by the October 2015 judgment of the SC striking down a unanimously passed legislation creating National Judicial Appointments Commission (NJAC) to replace the `opaque' collegium system for selection of judges. What added fuel to the anger was the SC's decision to entertain a PIL questioning life-long pension and freebies to MPs and MLAs.&lt;br /&gt;
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Law minister Ravi Shankar Prasad attempted to assuage the ruffled feathers by declaring, “Parliament to enact, executive to formulate and judiciary to interpret. In this light, if separation of power principle is binding on all, I am sorry to say that it is equally binding on the judiciary .“&lt;br /&gt;
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Why did the SC transgress the boundary of separation of power and attempt to perform tasks entrusted to the legislature and the executive? Since 1950, the SC has been the sentinel of fundamental rights of citizens, who were many a time ignored by both legislators and the executive. In protecting these precious rights, the SC had to walk the extra mile.&lt;br /&gt;
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'''Remember Vishaka case?'''&lt;br /&gt;
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Though the Constitution had guaranteed equal opportunity to men and women, women had been facing sexual harassment at work place for decades, enduring the depraved acts of male superiors in offices. Lawmakers knew this. But they failed to take steps to legislate and protect women from depraved male colleagues.&lt;br /&gt;
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The SC preferred not to remain silent. It virtually legislated by providing a mechanism for working women to complain against colleagues and bosses if they passed sexist remarks or indulged in sexual harassment. None of the MPs termed this judgment as judicial overreach.&lt;br /&gt;
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And the Shah Bano case? For decades, divorced Muslim women lived a life in penury as there was no provision in Muslim personal law to fasten liability on husbands to provide for maintenance to wives after talaq. The SC craftily used Section 125 of Criminal Procedure Code to step around the vacuum in Muslim personal law and granted alimony to divorced Muslim women. No one protested against this judgment as judicial overreach. In fact, it was hailed as a secular judgment. In a federal structure like ours governed by the principle of separation of powers, it is difficult for the judiciary , tasked to protect the fundamental rights of poor voiceless citizens, to close the doors of relief saying the boundary of separation of power is too high to scale.&lt;br /&gt;
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Take for example the Indra Sawhney case. The SC was hailed as the institution that quelled wild protests by students by ruling in favour of the legislation granting reservation to OBCs, which was over and above the existing quota for SCs and STs. However, it also legislated by capping total quota at 50% of government jobs. The legislators did not mind, as the SC ruling had doused the protests.&lt;br /&gt;
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The SC transgressed the principle of separation of power again in S R Bommai case by severely curtailing the Union government's power under the dreaded Article 356, under which the Centre, till the 1990s, used to topple elected governments in states at will by imposing President's rule. The restrictions on use of Article 356 were termed as an interpretation of the Constitution, even though for an independent analyst it could qualify as legislative exercise by the SC.&lt;br /&gt;
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On the election front too, the SC has legislated many times. In the Association of Democratic Reforms case, it put in a new law making it mandatory for candidates to declare their educational, wealth and criminal details to enable voters to make an informed choice while pushing the EVM button.&lt;br /&gt;
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It also brought in the concept of NOTA, which gave the voter the option of declaring that none of the contesting candidates was worthy of his vote. In addition, the SC also legislated by declaring that an elected representative, who has been convicted and sentenced in such a manner to earn disqualification, cannot continue as a member of the House concerned by merely filing an appeal against the conviction and sentence in a higher court.&lt;br /&gt;
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No one protested against it as public sentiment, given the abuse of position by some elected representatives, was in favour of the judgment.Parliamentarians have a right to criticise the SC, for it is manned by human beings who are not infallible. But they should always keep in mind what the SC said in S P Gupta case [1982 (2) SCR 365], “...While the administration of justice draws its legal sanction from the Constitution, its credibility rests in the faith of the people. Indispensable to that faith is the independence of the judiciary . An independent and impartial judiciary supplies the reason for the judicial institution, it also gives character and content to the constitutional milieu.“&lt;br /&gt;
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Rational criticism, and not motivated angst, always strengthens an institution. And we all know and believe that wise parliamentarians would always mean well to criticise the SC in such a manner so as to strengthen its independence to enable it to dispense justice without fear and favour.&lt;br /&gt;
==Judicial overreach and co-governing India==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Q-A-Court-appears-to-be-engaging-in-08052017014033 May 08 2017 : The Times of India (Delhi)  Court appears to be engaging in unrestrained judicial overreach| Justice AP Shah talking to Sanjiv Shankaran | The Times of India]&lt;br /&gt;
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Q &amp;amp; A - `Court appears to be engaging in unrestrained judicial overreach ... uncertainty around policy because of SC interventions'&lt;br /&gt;
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'' Some recent Supreme Court judgments, which have had a significant impact on policy issues, have triggered a debate on its powers. '' ''' AP Shah, former chief justice of Delhi high court ''' '' and former law commission chairman, spoke to ''' Sanjiv Shankaran ''' on the issue and the apex court's fundamental role: '' &lt;br /&gt;
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''' Is SC's role in co-governing India consistent with Constitution's spirit? ''' &lt;br /&gt;
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In the 1980s, after the Emergency, judiciary transformed itself into an institution that was enjoined to promote the ideals of socio-economic and political justice.&lt;br /&gt;
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Judiciary developed public interest litigation, or PILs, as a jurisdiction to transform constitutional promises into reality , and open the doors to those groups of people who were not free to approach the courts due to socio-economic factors. The idea was to make human rights meaningful for weaker sections of society. Then it gradually recognised rights of undertrials, juveniles, right to privacy, right to speedy trials and so on. It also covered areas like environment. This is how the idea of PILs began and started expanding. Article 21 was expanded as well, recognising right to education, work, shelter and so on. It was undeniably a glorious chapter in history of Indian judiciary .&lt;br /&gt;
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Lately , however, the court has taken on a role of co-governance. Indeed, I fear that it has become the norm almost. The court, through its decisions, is virtually overriding the constitutional concept of separation of powers. There are judicial diktats on every other subject, many of which are rank populist decisions, for example, the decision in the BCCI matter, where the court is practically running the cricket board on a day to day basis. Besides this, the court also entertains completely frivolous matters like the national anthem case, or the one on Sikh jokes.&lt;br /&gt;
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In sum, the court appears to be engaging in unrestrained judicial overreach, mostly by recourse to Article 142, and issuing judicial diktats.&lt;br /&gt;
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Populist approach would destroy the idea of PIL as envisaged originally decades ago. SC is trying to govern the country, and trying to correct every ill that exists.But this is neither within the powers of the court, nor does it have the capacity to do so. The priority must be protection of human rights and fundamental rights.&lt;br /&gt;
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''' Does the recent record suggest that evidentiary basis for judgments is satisfactory , particularly if the outcome has a significant fallout? ''' &lt;br /&gt;
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The alcohol ban is a case in point where the court's decision has had catastrophic financial consequences. In effect, the court drastically altered the central government's policy without realising the implications. I believe this is in the range of anything between Rs 50,000-75,000 crore, and has led to the loss of a million jobs.&lt;br /&gt;
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SC has missed the target on this one.&lt;br /&gt;
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There should have been decisive steps taken against drunken driving. The decision may be well intentioned, but it has effectively gone against the thriving hospitality industry.&lt;br /&gt;
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As a result, there is also a lot of uncertainty around policy , because of the interventions of SC. Such decisions have serious financial repercussions, which, I fear, the court is not equipped to understand.&lt;br /&gt;
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''' Taking a look at Aadhaar case, is SC's scheduling of hearings contributing in a round about way to a roll-out of policy? ''' &lt;br /&gt;
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There are very serious issues involved in the petition before SC, including whether the Aadhaar Act could have been passed as a money bill.&lt;br /&gt;
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It is useful to recap what happened.The case came before a three-judge bench in August 2015. The court granted interim relief restricting the use of Aadhaar to two schemes on a voluntary basis. When it went to a five-judge bench in October 2015, the two schemes were expanded to six schemes. On both occasions, the court said it was an important issue and should be heard expeditiously.&lt;br /&gt;
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In spite of that observation, the matter is not being given priority. In the meantime, the central government started issuing notification upon notification making Aadhaar mandatory for various purposes, in disregard of the interim order. Surprisingly, the Chief Justice of India has made an observation that the non-mandatory nature of Aadhaar extends only to social welfare and benefit schemes, and that it did not apply to other things like verification of income tax returns or registration of mobile numbers. This is completely at odds with the interim order passed by the constitution bench.&lt;br /&gt;
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Somewhere, priorities are getting lost, and the court is wasting its time in trying to address policy issues, which are clearly not in its domain. This becomes all the more critical when we realise that pendency in SC has crossed 60,000 cases.&lt;br /&gt;
== CBI probes: House panel slams SC, HCs for monitoring them==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=House-panel-slams-SC-HCs-for-monitoring-CBI-09122015013031 ''The Times of India''], Dec 09 2015&lt;br /&gt;
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Neeraj Chauhan&lt;br /&gt;
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'''House panel slams SC, HCs for monitoring CBI probes'''&lt;br /&gt;
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''Courts Are Overstepping Their Brief''&lt;br /&gt;
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In a significant remark on the judiciary's intervention in CBI investigations, a parliamentary committee has stated that the Supreme Court and high courts have started performing the functions of the lowest rung of criminal justice system, taking over the role of a magistrate.&lt;br /&gt;
Asserting that superior courts are working beyond their powers, the parliamentary standing committee on personnel, public grievances, law and justice said, “The superior courts which are courts of appeal under Sec tion 374 of the Code of Criminal Procedure (1973) are even directing CBI in a number of cases to report day-to-day progress in a sealed cover bypassing sections 172 and 173 of the CrPC and performing functions envisaged under the criminal justice system of the country for the lowest rung of criminal courts and also appreciating the evidence which under section 173 of CrPC is required to be done by the magistrate.“&lt;br /&gt;
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The panel's observations come at a time when most of the big-ticket CBI cases, including 2G spectrum allocation scam, coal block allocation scam, Vyapam scam, Virbhadra Singh corruption probe and ponzi schemes like Saradha, are being either monitored or regularly heard by the Supreme Court and several high courts. In fact, in the 2G and coal scams, the Supreme Court restricted all other courts to entertain any application against orders passed by the trial court.&lt;br /&gt;
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The committee said, “...various high courts and Supreme Court are frequently issuing directions to the CBI to handle cases relating to Prevention of Corruption Act, 1988, as also of `public order'. As a result, the jurisdiction and powers of the CBI have widened and deepened and have far exceeded than what was contemplated under the Delhi Special Police Act, 1946.“&lt;br /&gt;
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The committee, headed by E M Sudarsana Natchiappan, points to “judicial activism of higher judiciary by taking pains of overseeing an investigation and passing interim directions to the CBI and even preempting the rights and remedies available to affected persons under criminal justice system. It may , therefore, appear to affected persons as a pre-emptive and colourable exercise of power by the superior courts“.&lt;br /&gt;
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=Key rulings, year-wise=&lt;br /&gt;
==2015==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=NJAC-poll-eligibility-Jat-quota-key-2015-rulings-01012016012012 ''The Times of India''] Jan 01 2016&lt;br /&gt;
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Amit Anand Choudhary&lt;br /&gt;
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''' Women's Rights Too Hogged Limelight In SC '''&lt;br /&gt;
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In the year gone by , the Supreme Court constitutionally spurned the historic offer from Parliament to throw light on one of its darkest alleys -the road to appoint judges. Parliament enacted National Judicial Appointments Commission (NJAC) to bring in transparency in the process of appointment of judges in the apex court and high courts. But, the SC strangely put its vote on the opaque collegium system of judges selecting judges.&lt;br /&gt;
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The overwhelming public support for NJAC -the unanimous decision of Parliament and its ratification by 20 states -could not persuade the SC, which said independence of judiciary could be in danger if the Executive, the largest litigant, participated in selection of judges. But, the court was quite alive to the concerns of the public when it came to deciding the validity of Section 66A of Information Technology Act.&lt;br /&gt;
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It had no reservation in scrapping the law saying it impeded the citizens' right to freedom of speech and expression.&lt;br /&gt;
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The SC also saw through the politics behind the UPA 's decision ahead of the 2014 general elections to grant OBC status to Jats, seen as a prosperous community . The NDA too attempted to woo the Jats by defending the UPA decision. But, the SC minced no words and called the decision to give quota to Jats in jobs and admissions to educational institutions a `negative and retrograde' step.&lt;br /&gt;
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Irrespective of the political party in power, there has always been a tendency to project their top leaders in government advertisements with taxpayers' money . The SC put an end to it by ruling that no politician's face, except that of President and the Prime Minister, can be put in government advertisements.The chief ministers were the worst hit by this decision and many states have approached the SC to permit the photos of CMs to be displayed in government advertisements.&lt;br /&gt;
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One may not need any educational qualification to become an MP or MLA. But in a significant decision, the SC upheld the Haryana government's law laying down educational criteria for panchayat polls.&lt;br /&gt;
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The SC virtually brought down the curtains on the long political career of former Haryana CM Om Prakash Chautala by upholding his conviction and 10-year jail term in teachers' recruitment scam case. N Srinivasan, who was at the helm of BCCI was bowled out by the SC which condemned him for failing to maintain purity of the `gentleman's game' by blinking at the maladies like betting and spot-fixing.&lt;br /&gt;
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The court saw a midnight drama just before the scheduled hanging of Yakub Abdul Razak Memon, the lone condemned prisoner in 1993 serial blasts case of Mumbai. Despite repeatedly rejecting his plea for life sentence, the SC did not hesitate to hear his advocates again when they knocked at its doors in a last gasp attempt.&lt;br /&gt;
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The court passed a series of orders in 2015 to reinforce the rights of women who are despised by society for living an unconventional life.In a path-breaking verdict, it ruled that an unwed mother must be recognised as a legal guardian of her child and she cannot be forced to reveal the name of the father or seek his consent to get guardianship of the child.&lt;br /&gt;
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It also held that an unmarried couple, living together as husband and wife, would be presumed to be legally married and the woman would be eligible to inherit the property after the death of her partner. It also held that a woman was entitled to maintenance from her live-in partner.&lt;br /&gt;
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The court also expressed concern over women being used as surrogate mothers by foreigners and directed the government to ban commercial surrogacy . This prompted the Centre to roll back its 2013 decision allowing import of human embryos for artificial reproduction.&lt;br /&gt;
==2016: Important judgements==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=From-homebuyers-to-beard-growers-cricket-czars-to-30122016017022  AmitAnand Choudhary: SC rulings in some important judgements, Dec 30, 2016: The Times of India]&lt;br /&gt;
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Cloaked constitutionally to do complete justice, the Supreme Court in 2016 played referee in a variety of matches relating to legality of decisions in areas as diverse as politics, cricket, finance and religious practice.&lt;br /&gt;
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In the political arena, it red carded the Arunachal Pradesh governor for dismissing a Congress government led by Nabam Tuki and ordered its resurrection.&lt;br /&gt;
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But Congress failed to reap benefits of this landmark decision. Tuki could not reclaim the chief minister's chair. It went to Pema Khandu. Later, Congress legislators under Khandu stormed out of the grand old party to from a new outfit.&lt;br /&gt;
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Dealing a double blow to the NDA government, the SC also quashed the Centre's decision to dismiss the Congress government in Uttarakhand and impose central rule. The SC restored the Congress government led by Harish Rawat, who had better luck than Tuki.&lt;br /&gt;
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In cricket, the apex court continued its role as a tough umpire and imposed stringent field restrictions for the management to force them to implement its July 18 verdict to bring transparency and accountability in cricket administration.&lt;br /&gt;
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The Decision Review System (DRS) did not help.The SC dismissed the BCCI's two petitions seeking review of the reforms judgment, sending a clear signal to the board to fall in line.&lt;br /&gt;
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New Year could herald more problems as the SC will decide whether to appoint an administrator for BCCI in the first week of January .Not only this, the SC's decision in the contempt of court petition against BCCI president Anurag Thakur will also set a new milestone.&lt;br /&gt;
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The reforms judgment was based on a report by a committee headed by former CJI R M Lodha and com prising former SC judges Ashok Bhan and R V Raveendran. The court accepted each and every suggestion of the committee for infusing transparency and objectivity in the administration and finances of the board.&lt;br /&gt;
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In the financial sphere, Prime Minister Narendra Modi's big-ticket decision to rid the country of black money through demonetisation came under the SC scanner through scores of PILs. The court attempted to regulate government action to provide succour to common people facing harassment because of currency crunch.&lt;br /&gt;
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Though the SC took note of the hardship faced by common people because of demonetisation, it referred to a five-judge bench to determine the constitutional validity and procedural reasonableness of the policy decision.&lt;br /&gt;
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Public interest figured high on the SC's list of business in 2016, when it passed a slew of directions to reduce pollution. Its interference also forced the Haji Ali dargah management to allow women to enter its inner sanctum, which had remained closed for them since 2012. The court is also dealing with petitions to open the doors of Sabarimala temple in Kerala to women irrespective of their age. At present, women in the menstruating age are barred from entering the temple because of the deity's celibacy.&lt;br /&gt;
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But 2016 will go down in history as one of those years when the relationship between the judiciary and the executive touched the nadir.CJI TS Thakur slammed the government for sitting over recommendations for appointment of judges to high courts, which fought a monstrous pendency of cases with their backs to the wall as 43% of judges' posts remain vacant.&lt;br /&gt;
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The government hit back saying the CJI-headed collegium had not been finalising the memorandum of procedure for appointment of judges, which was ordered to be re-framed by a fivejudge SC bench.&lt;br /&gt;
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Without the new MoP, it would be improper to continue appointment of judges as per the `opaque' system followed by the collegium, the government said and reminded the CJI about the `laxman rekha'. Despite the CJI's criticism, the law minister claimed that the Centre had appointed a record 126 judges to HCs in 2016.&lt;br /&gt;
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After putting cricket czars in a fix with the bitter dose of reforms, ex-CJI R M Lodha was called upon by the SC to suggest reforms in administration of medical education in the country by scrutinising alleged mismanagement in Medical Council of India. The SC also asked Justice Lodha to supervise the sale of assets of Pearl group and refund Rs 49,000 crore to public who had invested in the firm's illegal collective investment scheme (CIS).&lt;br /&gt;
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It held that people from the Muslim community could not be allowed to grow beard after joining IAF, saying that discipline, uniformity and cohesiveness in armed forces was too important to be sacrificed for religious belief of its personnel who want to follow the practice which was against rules of a defence force.&lt;br /&gt;
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The year also kept the SC busy in exploring ways to tackle the pollution crisis in the national capital. It passed a slew of directions including restricting entry of trucks into Delhi and imposing 1% environment cess on diesel SUVs and high-end private cars with engine capacity of 2000cc and above.&lt;br /&gt;
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The court came to the rescue of several home buyers, harassed by real estate developers not handing over possession of flats on time.The court made it clear to developers that they would have to deliver as per their promise irrespective of whether they “sink or die“.&lt;br /&gt;
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==2017==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F01&amp;amp;entity=Ar01217&amp;amp;sk=4E1495DC&amp;amp;mode=text  Dhananjay Mahapatra, SC rulings settled national debates in 2017, but it weakened internally, January 1, 2018: ''The Times of India'']&lt;br /&gt;
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Attitude, approach and rectitude of a Chief Justice of India brings in marked changes in the core character of the Supreme Court. In 2017, the SC saw three CJIs. But Justice J S Khehar, followed by Justice Dipak Misra, set the ball rolling by taking up for adjudication constitutional issues that were brushed under the carpet for years.&lt;br /&gt;
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Many constitution benches were set up to deal with pending issues — from validity of Aadhaar which halfway through gave birth to the path-breaking right to privacy as a fundamental right, to tricky issues like misbehaviour of a sitting high court judge.&lt;br /&gt;
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This made the SC appear truly a constitutional court, a role assigned by the Constitution and envisaged by the framers of the Constitution. The SC, sitting at the top of the three-tier judiciary, had for the last two decades got mired in too many PILs, giving fodder to politicians to slam the judiciary for encroaching into the executive’s domain.&lt;br /&gt;
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In the 2017 balance sheet, the SC had many positives. To overcome an eight-judge bench decision negating the fundamental nature of right to privacy more than 50 years ago, a nine-judge bench took up the important issue for scrutiny keeping in mind citizens’ vulnerability to present day gadget-encouraged intruding tendencies.&lt;br /&gt;
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“Right to privacy is an integral part of right to life and personal liberty guaranteed in Article 21 of the Constitution,” the nine-judge bench ruled unanimously while comprehensively rejecting the NDA government’s stand against privacy being conferred the status of fundamental right.&lt;br /&gt;
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The SC shed its traditional nervousness in dealing with issues having religious overtones to set up a multifaith five-judge bench to examine petitions by Muslim women challenging the legality of triple talaq, a tool used by Muslim men to divorce wives instantaneously.&lt;br /&gt;
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The bench ruled that triple talaq was arbitrary and violated right to equality guaranteed under Article 14 because it gave Muslim men unilateral right to terminate marriage without any rapprochement. It was a decisive step towards gender equality, which for centuries was strangulated in the&lt;br /&gt;
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name of religion. The SC ruled that triple talaq was not sanctioned by the Quran and hence not part of Islamic religious practices.&lt;br /&gt;
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Following the footsteps of the Bombay High Court which threw open the Shani Shingnapur temple to women, the SC helped women gain entry into the sanctum sanctorum of the famous Haji Ali dargah in Mumbai. The SC’s nudge made the Valsad Zoroastrian panchayat permit two Parsi women, forbidden from entering the Tower of Silence because they married outside the community, to enter the premises to perform the last rites of parents.&lt;br /&gt;
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A bench of top seven SC judges, including the CJI, was constituted to deal with open defiance and derogatory comments of sitting Calcutta HC judge Justice C S Karnan.&lt;br /&gt;
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Putting a premium on judicial discipline, decorum and dignity, the bench sentenced Justice Karnan to sixmonth imprisonment holding him guilty of contempt. For the first time in the SC’s 67-year history, a sitting judge was jailed. Though embarrassing, it sent a loud message to everyone, both within and outside judiciary, about non-negotiability of rule of law and judicial dignity.&lt;br /&gt;
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If decisions on right to privacy, triple talaq and Justice Karnan settled raging national debates, the SC’s upholding of a trial court decision to convict and sentence V K Sasikala in a DA case had a tectonic effect on Tamil Nadu politics. Tremors of the verdict continue to smudge the state’s political canvas.&lt;br /&gt;
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Concerned by alarming levels of pollution, the SC on Diwali-eve banned sale of crackers in Delhi and the National Capital Region. But the decision was hardly a deterrent as pollution refuses to go away.&lt;br /&gt;
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The Medical Termination of Pregnancy (MTP) Act permitted a woman to terminate a problematic pregnancy or diseased foetus only up to 20 weeks. When the SC on humanitarian considerations allowed a minor to terminate her over 20-week pregnancy, there was a deluge of similar applications.&lt;br /&gt;
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The SC turned into a window of hope for distressed women with more than 20 week pregnancies to get medical boards’ opinions for safe termination. A pertinent questioned emerged from this exercise — should Parliament amend the law to allow termination of over 20-week pregnancies in exceptional situations?&lt;br /&gt;
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One cannot end the narrative for the year in the SC without mentioning the medical admission scam that saw a retired HC judge arrested and indicated possible involvement of a sitting Allahabad HC judge. The scam threatened to singe the SC itself with spirited advocates insinuating against the incumbent CJI. Rules were thrown to the winds when advocates decided to pursue PILs on the issue before a particular bench, which obliged.&lt;br /&gt;
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The crisis made CJI Misra hurriedly constitute a fivejudge bench which ruled that the CJI was the master of the roster and no other judge could decide when and who would hear a petition. The course correction brought a diminishing trust quotient within the SC into the open.&lt;br /&gt;
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On the administrative side, the CJI instituted an inquiry into complaints against the Allahabad HC judge who had permitted a private medical college, despite complete a ban by the SC, to admit students for the 2017-18 academic year.&lt;br /&gt;
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Alarming level of vacancies in HC judges has remained stagnant at 40% of sanctioned strength. Nine HCs are without chief justices. The SC has six vacancies. 2018 has to be the year of appointments. The CJI-headed collegium must attempt to fill SC vacancies, followed by appointment of CJs to HCs.&lt;br /&gt;
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Two years have passed since a constitution bench ordered framing of memorandum of procedure for appointment of judges. Sadly, the law minister and the collegium have not been able to sort out contentious issues. It is time for wise heads, in the government and the judiciary, to resolve this lingering disagreement, which is impacting speedy justice.&lt;br /&gt;
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=Landmark shifts of stance=&lt;br /&gt;
==Case studies, seven==&lt;br /&gt;
[http://articles.timesofindia.indiatimes.com/2010-01-23/india/28127376_1_ninth-schedule-due-process-shifts The Times of India]&lt;br /&gt;
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''' Case studies: Supreme Court’s landmark shifts ''' &lt;br /&gt;
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The apex court is rightly hailed for its stellar role. But little has been written about its dramatic shifts on a range of key issues. TOI brings you the untold story &lt;br /&gt;
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''' Manoj Mitta ''' &lt;br /&gt;
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Raising a toast for the establishment of the Supreme Court as India turned into a Republic, C K Daphtary, who went on to become the first solicitor general, said in January 1950, “A republic without a pub is a relic!” &lt;br /&gt;
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Jokes apart, no appraisal of the 60 years of the Indian Republic can ignore the stellar role played by the Supreme Court in maintaining the constitutional scheme of checks and balances. Equally, no appraisal of the Supreme Court can be complete without delving into the vagaries of its rulings, for better or for worse — especially because the shifts in its position have not always been for reasons beyond its control. &lt;br /&gt;
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This somewhat awkward aspect has however received little attention, perhaps because of the reverence reserved for the higher judiciary. Here is an attempt to focus exclusively on the judicial shifts made by the Supreme Court through the 60 years of its existence on a range of key issues. &lt;br /&gt;
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'''Somersault on due process'''&lt;br /&gt;
The first major constitutional issue decided by the Supreme Court came out of the preventive detention of communist leader A K Gopalan, in whose honour the headquarters of CPM is named. The issue was whether somebody’s detention could be justified merely on the ground that it had been carried out “according to the procedure established by law,” as stipulated in Article 21 of the Constitution. Or, would that procedure be valid only if it complied with principles of natural justice such as giving a hearing to the affected person? &lt;br /&gt;
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In the A K Gopalan case of 1950, the Supreme Court, taking a narrow view of Article 21, refused to consider if the procedure established by law suffered from any deficiencies. Fortunately, three decades later, it took a 180 degree turn on this issue in the Maneka Gandhi case of 1978. The provocation was the arbitrary law that had allowed the Janata Party government to take away Maneka’s passport without any remedy. Importing the American concept of due process, the Supreme Court ruled that the procedure established by law for depriving somebody of their life or personal liberty had to be “just, fair and reasonable”. &lt;br /&gt;
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'''Reduction of Parliament’s power to amend the Constitution'''&lt;br /&gt;
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Validity of the very first constitutional amendment was challenged mainly because it had inserted the Ninth Schedule to insulate agrarian laws from being tested in courts. The issue facing the Supreme Court was to determine the extent to which Parliament could go while exercising its amending power under Article 368. This is how SC shifted its position more than once on this crucial issue. &lt;br /&gt;
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First, in the Shankari Prasad case of 1951, it ruled that since no limits had been spelt out in Article 368, the power to amend the Constitution included abridgement of even fundamental rights. &lt;br /&gt;
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Next, in the Golaknath case of 1967, it betrayed second thoughts on trusting Parliament with such unfettered discretion under Article 368. Since Article 13 stipulated that every law enacted by Parliament had to comply with fundamental rights, the Supreme Court read that limitation into constitutional amendments as well. &lt;br /&gt;
&lt;br /&gt;
Finally, in the Kesavananda Bharati case of 1973, the SC held that the condition prescribed by Article 13 of complying with fundamental rights applied only to ordinary laws, not constitutional amendments. Taking the middle path, it said the only limitation on Article 368 was that a constitutional amendment could not alter the “basic structure” of the Constitution (such as the sovereignty of the country or its secular character). &lt;br /&gt;
&lt;br /&gt;
'''Enlarging the scope of judicial review'''&lt;br /&gt;
&lt;br /&gt;
For decades, the most abused provision of the Constitution was the sweeping power conferred on the President — in other words, the Central government — to dismiss a duly elected state government. The validity of actions taken under Article 356 of the Constitution went before the Supreme Court for the first time in 1977 when the then newly elected Janata Party government at the Centre had dismissedCongress governments in states for no reason other than the fact that it wanted to hold early elections. &lt;br /&gt;
&lt;br /&gt;
But the Supreme Court, in what is known as the State of Rajasthan case of 1977, declined to intervene, ostensibly to avoid entering the political thicket. The President’s satisfaction that the state concerned could not be carried on in accordance with the provisions of the Constitution was, it said, not subject to judicial review. The apex court however reversed its stand in the S R Bommai case of 1994, where it held that a proclamation under Article 356 could be struck down if it was “found to be mala fide or based on wholly irrelevant or extraneous grounds”. Subjecting the President’s satisfaction to judicial review, the Bommai verdict clarified that the power conferred by Article 356 was a conditional one, not absolute. &lt;br /&gt;
&lt;br /&gt;
'''Changing conception of compensation'''&lt;br /&gt;
&lt;br /&gt;
Many a legal battle has been fought on the vexed issue of compensation payable to affected parties when a property has been acquired by the government. The question of interpreting the compensation promised by the Constitution arose for the first time in the Bela Banerjee case of 1954 involving a West Bengal law which sought to pay off the owners on the basis of the market value of their land on some distant date in the past. Rejecting the socialistic arguments of the state, SC laid down that the compensation should be “a just equivalent of what the owner has been deprived of”. &lt;br /&gt;
&lt;br /&gt;
In a bid to get over the effect of the Bela Banerjee case, the Nehru government amended the Constitution stipulating that no law dealing with the manner in which compensation was to be given “shall be called in question in any court on the ground that the compensation by that law is not adequate”. This in turn triggered a chain of a vacillating judgments and another constitutional amendment on the compensation issue. It culminated in the shift from the categorical “just equivalent” in the Bela Banerjee case to a limp admission in the Kesavandanda Bharati case of 1973 that the amount need not be equivalent, so long as it was “not illusory”. &lt;br /&gt;
&lt;br /&gt;
'''Diversity on quotas'''&lt;br /&gt;
&lt;br /&gt;
Caste-based reservations in jobs and educational institutions are another contentious issue on which the Supreme Court has had to change its position in keeping with the times. Its initial response was completely adverse. In the Champakam Dorairajan case of 1951, the Supreme Court slammed caste-based reservations as a violation of the Constitutional prohibition of discrimination. It was however forced to take a more accommodative view of social justice once the Nehru government responded with the first constitutional amendment stipulating that the general prohibition of discrimination could not prevent the state from making any special provision for the advancement of SCs, STs and OBCs. &lt;br /&gt;
&lt;br /&gt;
Having reconciled to the imperative of quota, the Supreme Court, in the M R Balaji case of 1963, imposed a cap of 50% on the extent of reservations for all the categories taken together, in a bid to ensure that the exception did not exceed the general rule of non-discrimination. Following the Mandal controversy, the Supreme Court, in the Indra Sawhney case of 1993, upheld the introduction of quota for OBCs in Central government jobs subject to the exclusion of the “creamy layer” (candidates whose parents are relatively wealthy or better educated). &lt;br /&gt;
&lt;br /&gt;
'''Seasonal change on economic policy'''&lt;br /&gt;
&lt;br /&gt;
True to its reputation of giving precedence to individual liberty over socialistic schemes, the Supreme Court, in the Bank Nationalization case of 1970, displayed no inhibition in probing the allegations that the Indira Gandhi’s government’s economic policy was discriminatory and deficient on compensation. As a corollary, it even struck down the nationalisation law. &lt;br /&gt;
&lt;br /&gt;
But post-liberalisation, the SC, in the Balco case of 2001, upheld the Vajpayee government’s disinvestment policy by adopting the principle that “in the case of a policy decision on economic matters, the courts should be very circumspect in conducting any inquiry and must be most reluctant to impugn the judgment of the experts.” &lt;br /&gt;
&lt;br /&gt;
'''Turning consultation into concurrence'''&lt;br /&gt;
&lt;br /&gt;
This shift has earned the Supreme Court the opprobrium of turning the judiciary into a “self-perpetuating oligarchy”. For, all that the Constitution has prescribed in the appointment of judges to the Supreme Court is that the Chief Justice of India “shall always be consulted”.&lt;br /&gt;
&lt;br /&gt;
==`Freedom fighters' (false ones) granted pension==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=SC-grants-pension-to-fake-freedom-fighters-02112016010083  Dhananjay Mahapatra,  SC grants pension to `fake freedom fighters', Nov 02 2016 : The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Strange are the ways of the Supreme Court in dispensing justice. On the one hand, it ordered inquiry into alleged forging of freedom fighter certificates to claim pension and on the other, when the pensions were cancelled, it restored them on humanitarian grounds.&lt;br /&gt;
&lt;br /&gt;
In August 2005, the SC had appointed the Justice A B Palkar Commission to examine the case of a large number of people claiming pension as freedom fighters by allegedly forging certificates in Beed district. It had said those falsely claiming to have participated in the freedom struggle should be dealt with sternly as they were “traitors“. It had directed the Palkar panel to complete the inquiry into claims of 354 people for freedom fighter pension and submit a report to the Maharashtra government.The panel had rejected the claims of 298 of 354 people and termed their documents “bogus“.&lt;br /&gt;
&lt;br /&gt;
When the state govern ment cancelled their pensions relying on the Palkar commission report, the elderly people moved the Bombay HC and pleaded, “We are all senior citizens. At this ripe age, if we are deprived of pensionary benefits, we will not be in a position to eke out a livelihood.“ Given the SC's stern mandate in 2005 to separate the genuine freedom figh ters from the impersonators, the HC refused to give relief.&lt;br /&gt;
&lt;br /&gt;
They made a final dash to the SC and pleaded before a bench of Justices Kurian Joseph and R F Nariman that withdrawal of pensions would mean starvation. The Justice Joseph-headed bench was caught in a situation where being legally correct would mean starvation for the petitioners.&lt;br /&gt;
&lt;br /&gt;
What came to the bench's rescue was a 2013 judgment of the apex court which had dealt with similar pleas. It had said, “In our opinion, keeping in view the fact that at this old age, if small benefit that was already granted to them is withdrawn, it may be difficult for them to sustain themselves. In that vi ew of the matter, in the peculiar facts and circumstances of the case, we set aside the order of the Bombay HC.“ However, the court had said pensions would stop with the death of the false freedom fighters.&lt;br /&gt;
&lt;br /&gt;
Justices Joseph and Nariman were quick to adopt the same stand. They said, “We find force in the submissions made by the counsel for Maharashtra that in many of these cases, the appellants have actually not participated in any freedom struggle. However, taking note of the only fact that these cases arise out of the same batch of appeals, we feel that it may not be proper to take a different view (than that taken in 2013).“&lt;br /&gt;
&lt;br /&gt;
== Medical colleges: Vacant super-specialty seats courses ==&lt;br /&gt;
[[File: Vacant super specialty seats courses in medical colleges.jpg|   ‘A two-judge Supreme Court bench ordered filling up of 553 vacant seats in super-specialty courses in medical colleges just two days after a three-judge bench rejected such a plea’ &amp;lt;br/&amp;gt; From [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=2-judge-bench-does-what-3-judge-SC-17102017001061 '' The Times of India ''] |frame|500px]] &lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=2-judge-bench-does-what-3-judge-SC-17102017001061     Dhananjay Mahapatra | 2-judge bench does what 3-judge SC bench refused | Oct 17 2017 : The Times of India (Delhi)]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Eyebrows are being raised about a possible breach in judicial discipline after a two-judge Supreme Court bench ordered filling up of 553 vacant seats in super-specialty courses in medical colleges just two days after a three-judge bench rejected such a plea.&lt;br /&gt;
&lt;br /&gt;
On an application filed by Kerala Christian Professional College Management Federation in the pending petition of Dr Himank Goyal, a bench of Justices Adarsh Kumar Goel and U U Lalit directed on October 11: “For the remaining 553 unfilled super-specialty seats lying vacant, the DGHS may hold a mop-up counselling in an endeavour to fill up such seats within a period of 10 days.“ Those offered seats through this mop-up counselling were asked by the bench to join within four days. Just two days before this, on October 9, a PIL by `Education Promotion Society of India' had sought permission from a bench of CJI Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud to fill up vacant superspecialty course seats. The bench dismissed the petition.&lt;br /&gt;
&lt;br /&gt;
It could not have passed an order different from its September 22 one when it turned down pleas to extend the deadline for filling vacant seats.&lt;br /&gt;
&lt;br /&gt;
On September 22, a bunch of applications by various medical colleges, including the one by Dr Himank Goyal, came up for hearing before the threejudge bench headed by the CJI.&lt;br /&gt;
&lt;br /&gt;
The bench said, “There was an echo of concern that seats are going vacant and, therefore, there is necessity ... to extend the date. If we permit ourselves to say so, the concern travels from rational to emotional sphere.“&lt;br /&gt;
&lt;br /&gt;
However, Medical Council of India counsel Gaurav Sharma opposed vehemently and said the SC had extended the time till September 14 and if students did not avail of the opportunity , “it would be anathema to the concept of law to grant extension at the behest of institutions or the students“.&lt;br /&gt;
&lt;br /&gt;
Sharma said, “Mainte nance of discipline is of transcendental significance in the sphere of admission to medical colleges.“&lt;br /&gt;
&lt;br /&gt;
He said granting fur ther extension would usher chaos as stu dents who were not eligible or defaulted would gain admission. The threejudge bench said, “A sense of concern is one thing, but sustenance of discipline and order is another aspect. Weighing both the concepts in a balanced manner, we unhesitatingly come to the conclusion that the prayers made in the applications do not deserve any acceptance and stand rejected.“&lt;br /&gt;
&lt;br /&gt;
A fortnight later, an identical request for filling up superspecialty seats in medical colleges was allowed by a twojudge bench, which, in its order, did not refer to the threejudge bench's orders.&lt;br /&gt;
&lt;br /&gt;
==Political fallout taken into consideration==&lt;br /&gt;
''' When Supreme Court considered the political fallout of its verdict ''' &lt;br /&gt;
&lt;br /&gt;
Dhananjay Mahapatra [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=When-Supreme-Court-considered-the-political-fallout-of-07012015024005 ''The Times of India''] Jan 07 2015&lt;br /&gt;
&lt;br /&gt;
The political fallout of a judicial decision has seldom bothered the judiciary, but it appears that in 2012 the Supreme Court delayed the judgment on the CBI's probe into disproportionate assets cases against the Samajwadi Party chief and his sons to await completion of assembly elections.&lt;br /&gt;
&lt;br /&gt;
On March 1, 2007, just before the assembly elections, an SC bench headed by Justice A R Lakshmanan had ordered the CBI to probe into alleged disproportionate assets of Mulayam Singh Yadav and his sons on a PIL filed by Vishwanath Chatur-vedi. Justice Lakshmanan retired on March 21, 2007 and was immediately appointed as chair man of the Law Commission.&lt;br /&gt;
&lt;br /&gt;
Yadavs filed petitions seeking review of the March 1, 2007 judgment questioning the jurisdiction of the SC to order CBI probe without the consent of the state government on a politically motivated petition.The review petitions were heard by a bench of Justices Altamas Kabir and H L Dattu, which reserved its judgment on February 17, 2011.&lt;br /&gt;
&lt;br /&gt;
Internal communication between Justice Kabir and Justice Dattu, accessed by TOI, shows, among other things, the ground for delay in pronouncing the judgment was the possible political fal lout of its decision in this case.&lt;br /&gt;
&lt;br /&gt;
In June 2012, Justice Kabir wrote to Justice Dattu: “I deliberately waited till after the UP elections to pronounce the judgment so that the level playing field was not disturbed.“ The UP Assembly elections were held between February 8, 2012 and March 3, 2012. SP swept the polls and Akhilesh Yadav became the chief minister.&lt;br /&gt;
&lt;br /&gt;
Just days before the verdict on December 13, 2012, Justice Kabir sent the draft judgment to Justice Dattu for his approval. In the note attached to the draft judgment, Justice Kabir had referred to the CBI's flip-flops in the case and said, “This dual stand in the submissions of the highest investigating agency cannot be appreciated by this court.“&lt;br /&gt;
&lt;br /&gt;
Justice Dattu agreed with Justice Kabir, who had by then become the Chief Justice of India, that the CBI stand had been confusing.However, he clarified that “while making submissions (on behalf of the CBI) it has been highlighted that substantial prima-facie elements are there to conduct an investigation“.&lt;br /&gt;
&lt;br /&gt;
He also felt that there was no substantial evidence against Dimple Yadav and no further investigation needed to be carried out against her.But Justice Dattu was firm against quashing the entire proceedings regarding disproportionate assets. Justice Dattu wrote back: “As discussed with you, quashing of the entire proceedings regarding disproportionate assets, which is evident on the face of records, will not only be doing injustice but also create a political turbulence. We are directing only CBI probeinvestigation and not holding them guilty . If nothing is found, they are acquitted. But in fitness of things a thorough investigation is needed.“&lt;br /&gt;
&lt;br /&gt;
The judgment on the review petitions was pronounced on December 13, 2012. The court held that the CBI probe into alleged disproportionate assets of Mulayam, Akhilesh, and Prateek Yadav as ordered by the SC on March 1, 2007 was justified.&lt;br /&gt;
==Vyapam-Tainted Doctors: Conflict Over their Fate==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=2-judge-SC-bench-teaches-law-to-3-31082016014046  Aug 31 2016 : ''The Times of India'' (Delhi) 2-judge SC bench teaches law to 3-judge bench, Dhananjay Mahapatra]&lt;br /&gt;
﻿&lt;br /&gt;
&lt;br /&gt;
A three-judge bench of the Supreme Court headed by Justice J S Khehar on Tuesday got some constitutional and legal lessons from a two-judge bench headed by Justice J Chelameswar.&lt;br /&gt;
&lt;br /&gt;
The bench headed by Justice Khehar, who will become Chief Justice of India next year, was tasked with finding a solution to the conflict of opinion in a judgment rendered by the bench of Justices Chelameswar and A M Sapre in a case relating to punishment for those whose MBBS degrees were tainted by the Vyapam scam.&lt;br /&gt;
&lt;br /&gt;
Justices Chelameswar and Sapre had found instances of undeserving candidates taking advantage of irregularities in entrance examinations to bag MBBS seats.Justice Chelameswar had said they should be asked to render charitable healthcare for a certain period to retain their MBBS degrees. But Justice Sapre had said these degrees should be cancelled.&lt;br /&gt;
&lt;br /&gt;
The bench headed by Justice Khehar had asked whether the matter needed to be heard afresh to resolve the conflict of opinion and sought an answer from Justices Chelameswar and Sapre.&lt;br /&gt;
&lt;br /&gt;
The miffed two-judge bench on Tuesday did not read out the judgment and merely signed it, departing from the usual practice where judges read out the operative portion of the verdict.&lt;br /&gt;
&lt;br /&gt;
It said, “We completely fail to understand the reference made to Article 145(5) of the Constitution in the July 28, 2016 order (of the three-judge bench).“ Article 145(5) provides that the court should not pronounce a judgment without the concurrence of a majority of the judges on the bench which heard the case. However, it also says this would not prevent a judge from delivering a dissent judgment or opinion. Justices Chelameswar and Sapre said, “We are of the opinion that neither the Constitution of India nor any other law of this country provides an intra-court appeal insofar as the Supreme Court is concerned. A rehearing of the entire matter as apparently suggested by the larger bench, in our opinion, would amount to an intra-court appeal.“&lt;br /&gt;
&lt;br /&gt;
As a final message to the three-judge bench which appeared to have a touch of judicial sarcasm, the two-judge bench said, “If the larger bench of this court wishes to create an intra-court appeal, we obviously are powerless to stop it. We can only record our understanding of the law on the question and it is as recorded above.“&lt;br /&gt;
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==3-judge bench overrules 3-judge 2014 land acquisition judgment==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F22&amp;amp;entity=Ar00302&amp;amp;sk=DE4B463A&amp;amp;mode=text  Dhananjay Mahapatra &amp;amp; Amit Anand Choudhary, SC in knots as its 3-judge bench overrules another of same strength, February 22, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
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The Supreme Court appeared to have tied itself in knots on Wednesday, with a three-judge bench questioning the judicial propriety and discipline of another three-judge bench, which had on February 8 overturned yet another three-judge bench’s 2014 judgment on land acquisition.&lt;br /&gt;
&lt;br /&gt;
The subject matter was important as it involved the acquisition of land and payment of compensation to land-owners, mainly farmers. But the two-hour-long proceedings before a bench of Justices Madan B Lokur, Kurian Joseph and Deepak Gupta brought back flashes of the smouldering discontent among the four most senior judges which had erupted in an unprecedented press conference on January 12.&lt;br /&gt;
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''' SC asks HCs not to pass any order on land acquisition ''' &lt;br /&gt;
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What the bench of Justices Lokur, Joseph and Gupta questioned on Wednesday was the judgment by a three-judge bench headed by Justice Arun Mishra terming a 2014 “Pune Municipal Corporation” judgment by a bench of identical strength as “per incurium” (decision rendered without taking care of facts and law). Interestingly, the Pune Municipal Corporation judgment was rendered on January 24, 2014 by a bench of Justices R M Lodha, Lokur and Joseph.&lt;br /&gt;
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The Justice Lokur-headed bench, in an interim order, asked high courts not to pass any order on pending land acquisition issues, thus stalling implementation of the February 8 judgment. It also requested other benches of the apex court to defer hearing on petitions on this issue.&lt;br /&gt;
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Former attorney-general Mukul Rohatgi provided the spark that reignited the “discipline” and “propriety” issue that has hurt unity among SC judges. Rohatgi said propriety demanded that the three-judge bench, if it did not agree with the earlier three-judge bench decision, send the issue for consideration before a larger bench. He said what was worse was that the same bench had been disposing of scores of cases based on the ruling given by it on February 8 in complete disregard of the farmers’ interest.&lt;br /&gt;
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Justice Joseph poured out his “painful concern” and said, “The Supreme Court operates on a system and principle which are holy. If you start tinkering with it, what will happen? Everyone must think about it — both judges and lawyers. We will go one day but the institution must go on forever. There is a method and procedure to be followed. If the Supreme Court has to be one, it has to be made one. To make it one, you need judicial discipline. “The Supreme Court is one and must not speak in 14 voices (indicating that the existing 14 benches must not speak differently on the judicial side). It is not good for the institution.”&lt;br /&gt;
Rohatgi recounted the right to privacy issue and said as attorney-general, he had argued before a five-judge bench that it could not decide the issue as an eight-judge bench had earlier ruled that privacy was not a fundamental right. “Overnight, a nine-judge bench was set up by the CJI which overruled the eight-judge bench decision. That is the procedure and discipline,” he said to rub it in.&lt;br /&gt;
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Senior advocate P S Patwalia, appearing for Haryana, defended the recent ruling of the Justice Arun Mishra-headed bench and said the law’s misuse was stopped by this judgment and Justice Joseph’s views were rather strong. Justice Joseph clarified, “It is not strong views but my painful concern. If one bench of the SC wants to correct an earlier ruling by another bench of identical strength, then there is a process to do it.” Rohatgi chipped in and said if the Pune Municipal Corporation judgment required to be reconsidered, the correct procedure would have been to refer it to a five-judge bench.&lt;br /&gt;
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The Supreme Court operates on a system and principles which are holy. If you start tinkering with it, what will happen?&lt;br /&gt;
&lt;br /&gt;
===Referral:  2-Judge Bench Pre-Empts 3-Judge Bench ===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F23&amp;amp;entity=Ar01212&amp;amp;sk=D8CDD9F6&amp;amp;mode=text  Dhananjay Mahapatra &amp;amp; Amit Anand Choudhary, Judicial discipline? It’s complicated, February 23, 2018: ''The Times of India'']&lt;br /&gt;
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''2-Judge Bench Pre-Empts 3-Judge One From Passing Order For Referral''&lt;br /&gt;
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The knotty issue of ‘judicial discipline and propriety’ in contradictory judgments on land acquisition being tossed between two threejudge benches of the Supreme Court got further complicated on Thursday with two two-judge benches referring the matter to Chief Justice of India Dipak Misra for resolution by a larger bench.&lt;br /&gt;
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A threejudge bench headed by Justice Madan B Lokur had taken umbrage to a three-judge bench headed by Justice Arun Mishra on February 8 overruling a 2014 verdict given by another three-judge bench in the ‘Pune Municipal Corporation’ case, terming the earlier judgment as “per incurium”. Both the cases concerned land acquisition.&lt;br /&gt;
&lt;br /&gt;
Upon being told by senior advocate Mukul Rohatgi about the February 8 verdict, the bench led by Justice Lokur and comprising Justices Kurian Joseph and Deepak Gupta viewed it as breach of “judicial discipline and propriety”.&lt;br /&gt;
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Justices Lokur and Joseph, two of the four seniormost judges of the SC, were co-authors of the ‘Pune Municipal Corporation’ verdict.&lt;br /&gt;
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In an interim order, the Justice Lokur-headed bench requested other SC benches and high courts not to take up matters related to land acquisition dealt in the two contradictory judgments. It said it would decide the future course of action — whether to refer the matter to a larger bench.&lt;br /&gt;
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On Thursday, a land acquisition case was listed before a bench of Justices Arun Mishra and Amitava Roy and the threejudge bench’s interim order was brought to its notice.&lt;br /&gt;
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While stating that Wednesday’s interim order was a “sort of moral injunction” on them, Justice Mishra, who headed the three-judge bench that overruled the 2014 judgment, addressed the issue frontally and squarely. “We had taken a definite view that the 2014 judgment was ‘per incurium’ and it was permissible in law to take that view. We had pondered (while writing the February 8 judgment) over the issue — whether the matter required to be referred to a larger bench given the three-judge bench’s 2014 judgment, and then took a conscious decision (to term it ‘per incurium’ and overrule it). Whether it amounts to judicial discipline, or not, is for the larger bench to decide,” he said.&lt;br /&gt;
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Justices Mishra and Roy referred the matter to the CJI for adjudication by a larger bench, which most probably will be a five-judge bench. By this order, the Justice Mishra-led bench pre-empted the three-judge bench headed by Justice Lokur from passing order for referral to a larger bench.&lt;br /&gt;
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Justice Mishra said, “We have taken a considered view (in the February 8 judgment). It is over 200 pages. Probably, no one has read it but it (the judgment) has been targeted. First read and then analyse. ‘Judicial discipline’ has become a magic word to target us.”&lt;br /&gt;
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In another twist to fast-paced events in the SC, another two-judge bench of Justices Adarsh Goel and U U Lalit too rescheduled a land acquisition case on Thursday when it was informed by Rohatgi about Wednesday’s interim order by Justice Lokur’s bench.&lt;br /&gt;
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The bench ordered, “We are of the view that having with regard to the nature of the issues involved in the matter, the issues need to be resolved by a larger bench at the earliest. These matters may be placed before the appropriate bench on February 23 as per orders of the CJI.”&lt;br /&gt;
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=Late night hearings and judgements=&lt;br /&gt;
==Till 2015==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=SC-has-answered-two-more-midnight-knocks-31072015018031 ''The Times of India''], Jul 31 2015 &lt;br /&gt;
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''' SC has answered two more midnight knocks '''&lt;br /&gt;
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Mumbai serial bomb blasts convict Yakub Memon was not the first one to knock at the Supreme Court's door past midnight.&lt;br /&gt;
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What made Yakub's petition unprecedented was the one-and-a-half hour long postmidnight hearing that lasted till the crack of dawn. Earlier, the hearings after court hours were mainly held at the residence of the senior judge presiding over the bench.&lt;br /&gt;
&lt;br /&gt;
On April 8, 2013, lawyers of condemned prisoner at Jabalpur Central Jail, Maganlal Barela, who was to be hanged at dawn on April 9 for killing his children, successfully moved the SC close to midnight. Barela averted the gallows, after all preparations were made to hang him, after rejection of his mercy petition by the President. The fax from the SC con veying the stay on Barela's hanging reached jail authorities just five hours before the scheduled hanging.&lt;br /&gt;
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Similarly , Nithari rape-murder convict Surinder Koli was scheduled to hang on September 9, 2014. At the intervening night of September 8-9, his lawyers, led by Indira Jaising, woke up justices H L Dattu and A R Dave and placed before them Koli's petition seeking re-hearing of his review petition. A three-judge bench later stayed the execution and ordered open court hearing.&lt;br /&gt;
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==2018, May: swearing-in of Karnataka government==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F05%2F17&amp;amp;entity=Ar00501&amp;amp;sk=677C98EE&amp;amp;mode=text    Naheed Ataullah &amp;amp; Dhananjay Mahapatra, Only the 2nd midnight hearing in SC history, May 17, 2018: ''The Times of India'']&lt;br /&gt;
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The dramatic post-midnight hearing marks only the second time in the judicial history of independent India that such an event has taken place. In the previous instance, a three-judge Supreme Court bench began hearing a petition seeking postponement of Yakub Memon’s execution at 3.24am on July 30, 2015. At 4.46am, Yakub’s final petition was dismissed.&lt;br /&gt;
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'''NOTE: As we have seen above, the case regarding the swearing-in of the Karnataka government was not the second late-night hearing, but perhaps the fourth.  See [[Karnataka: political history ]]&amp;gt; 2018 '''&lt;br /&gt;
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=Lawyers’ insinuations =&lt;br /&gt;
==2019: A denigration of the judiciary==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F31&amp;amp;entity=Ar00302&amp;amp;sk=7510F3AA&amp;amp;mode=text  Dhananjay Mahapatra, Insinuations by lawyers make our job hard, says SC, January 31, 2019: ''The Times of India'']&lt;br /&gt;
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Ringing the alarm bell, the Supreme Court said in a hard-hitting judgment that it was becoming increasingly difficult for judges to render justice in a fair, impartial and fearless manner because of insinuations made by advocates in cases of political importance.&lt;br /&gt;
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“Whenever any political matter comes to court and is decided, either way, political insinuations are attributed by unscrupulous persons/ advocates. Such acts are nothing but an act of denigrating the judiciary itself and destroys the faith of the common man which he reposes in the judicial system,” a bench of Justices Arun Mishra and Vineet Saran said in its 75-page judgment.&lt;br /&gt;
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Taking note of the tendency among some advocates to rush to the media from courtrooms, the bench said “hunger for cheap publicity is increasing” and termed it as anathema to the standards of the noble profession. “Statutory rules prohibit advocates from advertising and cater to press/media,” it said, adding it had become common to dish out “distorted versions of court proceedings”.&lt;br /&gt;
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'''JUSTICE DELIVERY'''&lt;br /&gt;
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''Cases cannot decided by media trial, says apex court''&lt;br /&gt;
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This had a chilling effect on judges who could not go to the media with their point of view, the bench said. “It is making it more difficult to render justice in a fair, impartial and fearless manner,” the bench said and complained that making public accusations against judges was a tactic adopted by unscrupulous elements to “influence the judgment and even to deny justice with ulterior motives”.&lt;br /&gt;
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In the last year, apex court judges have faced a lot of insinuations from activist lawyers while dealing with politically sensitive matters — plea of Muslim parties for reference of Ayodhya land dispute to a five-judge bench, petition seeking quashing of UAPA charges against social activists including Sudha Bharadwaj and Gautam Navlakha, plea for SIT probe into judicial officer B H Loya’s alleged suspicious death, PILs for probe into Rafale jet purchase and petitions challenging the Centre’s decision to divest then CBI director Alok Verma of his powers.&lt;br /&gt;
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“Something has to be done by all concerned to revamp the image of the bar,” the SC said. Writing the judgment for the bench, Justice Mishra said, “It is impermissible to malign&lt;br /&gt;
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the system itself by attributing political motives and false allegations against the judicial system and its functionaries. Judges who are attacked are not supposed to go to the press or media to ventilate their point of view.”&lt;br /&gt;
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Taking note of hype created in media by certain advocates in matters of political importance, the SC said, “Cases cannot be decided by media trial... No outside interference is permissible. A lot of sacrifices are made to serve the judiciary for which one cannot regret as it is with a purpose and to serve judiciary is not less than the call of military service.&lt;br /&gt;
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“For the protection of democratic values and to ensure that rule of law prevails in the country, no one can be permitted to destroy the independence of the system from within or outside... Let each of us ensure our own institution is not jeopardised by the blame game and make an endeavour to improve upon its own functioning and independence.”&lt;br /&gt;
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The SC was testing the validity of the rule framed by Madras high court empowering it to debar an advocate to control situations which arose in the past, including shouting of slogans, using foul language against judges and vandalism. Though anguished by past conduct of lawyers in the HC, it struck down the rule and said the HC could not usurp disciplinary powers vested in bar councils.&lt;br /&gt;
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=Political interference=&lt;br /&gt;
==1967-2018==&lt;br /&gt;
Difficulty of being CJI in the shadow of politics over removal&lt;br /&gt;
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Dhananjay.Mahapatra 02 April 2018 The Times of India &lt;br /&gt;
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Renowned lawyer and senior Congress MP Kapil Sibal [in March 2018] accused the NDA government of “continuously assaulting the judiciary” while echoing Justice Jasti Chelameswar’s view that the Centre was “putting collegium recommendations on the back burner if the names are not to its liking”.&lt;br /&gt;
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Sibal was quoted as saying in a media report, “They have first filled educational institutions with R S S pracharaks. Now, they are trying to infiltrate the judiciary with people having such mindset.”&lt;br /&gt;
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A few weeks ago, Sibal had retorted to CJI Dipak Misra’s courtroom comment that he must read history by saying he was both a student and teacher of history. Sibal is well versed in the judiciary’s history too, we are sure. Probably, he needs to refresh his memory, especially because he is among the few in Congress strenuously pushing for moving a removal motion against CJI Misra in Parliament.&lt;br /&gt;
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The January 12 press conference by senior SC judges led by Justice Chelameswar against the CJI had attracted magnetic support from Left leaders friendly to a rebel judge. The Congress, in the process of replacing old warhorses with prime stallions to keep the party chariot competitive for the derby of general elections, decided to cash in on the situation as many important cases, including politically usable Ayodhya and death of judge B H Loya, were being heard by a CJI-led bench.&lt;br /&gt;
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Some Congress lawyer-MPs saw the opportunity to hit hard with a removal motion as the judiciary was red hot with an internal dissension fuelled by one person’s insatiable desire to wreak vengeance because he could not become CJI. Personal ambitions surely cause disturbances in the normal functioning of a system, be it judiciary or politics. And we surely don’t deny what Justice Chelameswar said in his March 21 letter, quoting Robert H Jackson, that “men are more often bribed by their loyalties and ambitions than by money”.&lt;br /&gt;
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Attempts are on to get the draft motion signed by 50 Rajya Sabha MPs, the number required for moving it in Parliament. Before we refer to pages of judicial history to understand Sibal’s comment that the NDA government is trying to fill judiciary with “such mindset”, a discussion on the fallout of a removal motion against the CJI will help understand the gravity of the situation.&lt;br /&gt;
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Today, the Congress with 54 MPs in RS may well be able to bring a removal motion against the CJI, howsoever frivolous or imaginary the charges may be. Tomorrow, the NDA, which too has more than 50 MPs in RS, could cook up some charge to bring a removal motion against the No.2 in the SC. Another party can start a campaign for a removal motion against the third in the SC hierarchy.&lt;br /&gt;
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Where will it end? Which judge will willingly become CJI in such a dreadful scenario and risk his dignity and reputation? Worse, will this kind of political one-upmanship not force a judge to ensure political support before becoming CJI to counter threats of removal?&lt;br /&gt;
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Bringing a removal motion against a CJI or a judge based on unverified charges has a numbing effect on the institution and stunts public faith in it. Lawyers become MPs not because they are great politicians. Success in court brings them money and fame, accelerating their rise in political parties. When they attempt to cow down the judiciary by casting a shadow through a phantom removal motion, it is akin to an assault on the very tree that nurtured their growth.&lt;br /&gt;
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Unlike today’s Congress, led by a youthful president Rahul Gandhi, the party split in 1969 after a bitter war between veterans on one side and the young Turks on the other led by Indira Gandhi. The split reduced her government to a minority, but she continued as PM with support from Left parties. The landmark SC decision in Golaknath case in 1967 curtailing Congress government’s power to amend the Constitution and the political red nose caused by the 1970 Privy Purses judgment forced Indira to call mid-term polls.&lt;br /&gt;
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A heady 352 seats in Lok Sabha in 1971 strengthened her resolve to infiltrate the SC with “committed judges”. The task was meticulously carried out by law minister H R Gokhale, the Bombay HC judge turned politician; steel and mines minister S Mohan Kumaramangalam, a barrister and earlier a prominent communist leader; and S S Ray, another barrister and a close confidant of Indira.&lt;br /&gt;
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To overrule an 11-judge bench decision in the Golaknath case, the SC decided to set up a 13-judge bench for Kesavananda Bharati case. Eight SC judges were appointed just before the hearing in Kesavananda case began to ensure most of them found place in the 13-judge bench for a favourable ruling.&lt;br /&gt;
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Justice P Jaganmohan Reddy in his book ‘We Have Republic’ wrote, “Of these eight, two were said to be Gokhale’s nominees (D G Palekar and Y V Chandrachud of Bombay HC); one of Kumaramangalam (K K Mathew of Kerala); two of Ray (S C Roy and A K Mukherjea) and two from the PM (M H Beg and S N Dwivedi); only one was CJI S M Sikri’s nominee (H R Khanna). One died before the case was heard. Of the seven who heard the case, five upheld the government’s point of view.&lt;br /&gt;
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A legendary researcher on SC judges, George H Gadbois, wrote, “Seven of the nine Sikri era appointees were members of the Kesavananda bench, and five of these did support what can be considered the government’s wishes. But they were in the minority with A N Ray. Khanna, who cast the deciding vote, and Mukherjea joined the five pre-Sikri era court appointees in the majority.”&lt;br /&gt;
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The 7-6 majority carved out the basic structure doctrine while fortifying and reinforcing Golaknath judgment much to the chagrin of Indira, whose government wreaked vengeance a day after the Kesavananda judgment was delivered on April 23, 1973, by announcing that A N Ray, fourth senior most SC judge, would be the new CJI to supersede K S Hegde, J M Shelat and A N Grover. The three resigned. The judiciary was to endure many painful wounds inflicted by Congress governments in the succeeding years. We will narrate those some other time. The above example is meant to refresh Sibal’s memory about “assault on judiciary”.&lt;br /&gt;
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As a celebrated lawyer, Sibal should discharge his debt for the fame he has earned through the judiciary. He has ability, knowledge and craftsmanship to differentiate himself from hawkish politicians, whose feathers resemble those of Gokhale, Kumaramangalam and Ray. The choice is his.&lt;br /&gt;
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=Preferential listing of star lawyers’ cases=&lt;br /&gt;
==Not done for Ram Jethmalani/ Ansal==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Star-lawyers-may-not-get-to-jump-queue-04032017001044  Dhananjay Mahapatra, Star lawyers may not get to jump queue, March 4, 2017: The Times of India]&lt;br /&gt;
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Star lawyers getting preferential listing of cases of rich and famous clients in the Supreme Court is a trend that could be reversed under the new Chief Justice of India J S Khehar (in pic), as renowned lawyer Ram Jethmalani found out.&lt;br /&gt;
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In the past, engaging top lawyers to steal a march over others in getting cases listed for early hearing usually worked, with previous CJIs acting in deference to the stature of the lawyers.&lt;br /&gt;
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Khehar, however, has emphasised procedural equality since taking over. Time and again, he has told lawyers requesting early hea ring that their clients would not be permit ted to jump the queue.&lt;br /&gt;
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Friday provided more evidence of this when Jethmalani, appearing for Gopal Ansal (convicted in the Uphaar case), requested urgent listing of the tycoon's application seeking reduction of the jail term awarded to him. The court also rejected Ansal's plea for exten sion of his surrender deadline of March 9 to serve the remaining part of his one-year sentence.&lt;br /&gt;
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Jethmalani had sought urgent listing of Gopal's plea seeking parity in sentence with his elder brother Sushil Ansal, who was let off by the court on February 9 saying the sentence already undergone by him was adequate punishment keeping in view his age and ailments. Jethmalani had said Gopal too was old and suffered age-related ailments and, hence, was entitled to parity in sentence. The CJI had said the application would be listed on Friday if the SC registry found no objection. But the registry did find objections and the matter was not listed on Friday .&lt;br /&gt;
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Jethmalani complained about it to the CJI on Friday and sought urgent listing and said the court should extend the surrender deadline in the alternative. Justice Khehar firmly told Jethmalani that there was a procedure for everyone to follow. “If the registry has found objections and refused to list the matter, Jethmalani's client can appeal against the registry's order,“ the CJI said and refused to bestow any preferential treatment to the noted lawyer.&lt;br /&gt;
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=Rape=&lt;br /&gt;
== No liberal approach , mediation or compromise in rape cases : SC ==&lt;br /&gt;
[http://www.dailyexcelsior.com/no-liberal-approach-mediation-or-compromise-in-rape-cases-sc/ Daily Excelsior , No liberal approach , mediation or compromise in rape cases : SC &amp;quot;Daily Excelsior&amp;quot; 2/7/2015]&lt;br /&gt;
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It would be a “spectacular error” to adopt a soft approach on cases of rape or attempt to rape and there cannot be any compromise or mediation in such cases, the Supreme Court said in a stern message today.&lt;br /&gt;
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“When a human frame is defiled, the ‘purest treasure’, is lost. Dignity of a woman is a part of her non-perishable and immortal self and no one should ever think of painting it in clay. There cannot be a compromise or settlement as it would be against her honour which matters the most,” a bench headed by Justice Dipak Misra said.&lt;br /&gt;
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“We would like to clearly state that in a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of.&lt;br /&gt;
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“These are crimes against the body of a woman which is her own temple. These are offences which suffocate the breath of life and sully the reputation. And reputation, needless to emphasise, is the richest jewel one can conceive of in life. No one would allow (it) to be extinguished,” the bench, which also comprised Justice Prafulla C Pant, said.&lt;br /&gt;
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The strong remarks came as the apex court criticised a Madhya Pradesh High Court judge who was influenced by the compromise entered into between the accused Madan Lal and the parents of the seven-year-old victim and had set aside the conviction and five-year sentence for the rape. (PTI)&lt;br /&gt;
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= Religious bias=&lt;br /&gt;
==SC objects to Bombay HC citing religious identity of victim to grant bail to accused==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/violence-in-name-of-religion-cannot-be-justified-supreme-court/articleshow/62934313.cms  Amit Anand Choudhary, Violence in name of religion cannot be justified: Supreme Court, February 15, 2018: ''The Times of India'']&lt;br /&gt;
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'''HIGHLIGHTS'''&lt;br /&gt;
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Judiciary must be fully conscious of the plural composition of the country while adjudicating issues pertaining to rights of various communities: SC&lt;br /&gt;
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SC bench quashed the order of the Bombay high court granting bail to accused for allegedly killing a Muslim youth in 2014&lt;br /&gt;
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“The fault of the deceased was only that he belonged to another religion. I consider this factor in favour of the accused ... ,” the Bombay High Court had said in its order while granting bail to three accused belonging to Hindu Rashtra Sena for allegedly killing a Muslim youth in 2014. &lt;br /&gt;
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Taking exception to the observation made by the high court, the Supreme Court on Thursday said that such remarks were uncalled for and reminded that the judiciary must be fully conscious of the plural composition of the country while adjudicating issues pertaining to rights of various communities. It said that any kind of violence in the name of religion or community could not be justified. &lt;br /&gt;
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A bench of Justices SA Bobde and L Nageswara Rao quashed the order of the Bombay high court granting bail to the accused saying that there was little discussion on the other relevant factors relating to granting or withholding bail in a murder case. It asked the the high court to reconsider the bail plea of the accused afresh as per law on merit without being influenced by any extraneous reason. &lt;br /&gt;
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“We have carefully perused the impugned order(s) granting bail and we find that there is little reference to/or discussion on the merits of the bail applications but we are satisfied that the significant reason for release is mainly the one stated above. We find that the aforesaid reason can, on a fair reading, be understood or misunderstood almost as a mitigating circumstance or a kind of a justification for the murder and it is obvious that the fact that the deceased belonged to a certain community cannot be a justification for any assault much less a murder,” the bench said. &lt;br /&gt;
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“While it may be possible to understand a reference to the community of the parties involved in an assault, it is difficult to understand why it was said that ‘the fault of the deceased was only that he belonged to another religion’ and further ‘I consider this factor in favour of the applicants/accused.’ We have no doubt that a court fully conscious of the plural composition of the country while called upon to deal with rights of various communities, cannot make such observations which may appear to be coloured with a bias for or against a community,” it said. &lt;br /&gt;
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“It is possible that the learned Judge wanted to rule out a personal motive against the victim, but only emphasize communal hatred. It is also possible that the learned single judge may not have intended to hurt the feelings of any particular community or support the feelings of another community but the words are clearly vulnerable to such criticism. The direction cannot be sustained,” the court said. &lt;br /&gt;
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The high court had on January 12 last year granted bail to Vijay Gambhire, Ganesh Yadav and Ajay Lalge, accused of murdering 28-year-old Mohsin Shaikh on June 2, 2014 in Pune. As per the prosecution, the trio had attended a meeting of Hindu Rashtra Sena to protest against defiling of a statue of Chhatrapati Shiva-ji Maharaj. The accused armed with hockey sticks and bats roamed the streets on the night of June 2 when they came across Shaikh and thrashed him to death. &lt;br /&gt;
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Their bail plea was rejected by lower court but the high court granted them relief. &amp;quot;The meeting was held prior to the incident of assault. The accused otherwise had no other motive such as any personal enmity against the innocent deceased Mohsin. The fault of the deceased was only that he belonged to another religion. I consider this factor in favour of the accused. Moreover, the accused do not have criminal record and it appears that in the name of the religion, they were provoked and have committed the murder,” a bench of Justice Mridula Bhatkar had said.&lt;br /&gt;
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=Remarks by judges during hearings=&lt;br /&gt;
==2018==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F08%2F13&amp;amp;entity=Ar01406&amp;amp;sk=B2A238CC&amp;amp;mode=text  Dhananjay Mahapatra, PILs infecting judiciary with off-the-cuff remark fever, August 13, 2018: ''The Times of India'']&lt;br /&gt;
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Once upon a time, the Supreme Court’s stray caustic remarks during hearing of a PIL or a petition involving an important social or political issue was taken very seriously by the public, the government and the legislature. Media used to headline the comments.&lt;br /&gt;
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Newspapers and TV channels still headline such caustic remarks, which now fly thick and fast from the SC and HCs on a daily basis. But these have lost their salutary effect.&lt;br /&gt;
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An SC bench led by Justice Madan B Lokur, infuriated by the frustratingly lackadaisical approach of authorities towards proper garbage disposal, asked why not dump the garbage at Raj Niwas, the official residence of Delhi’s lieutenant governor. One may be tempted to ask, why not Rashtrapati Bhavan, since the President is the head of the country and also lives in Delhi?&lt;br /&gt;
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Incidents of rape, that too by those who were guardians to hapless girls who had no one to run to, made the Justice Lokur-led bench to remark that “rapes are happening left, right and centre in India”. Are they? Incidents of assault on women are on the rise and do ring alarm bells. But when the SC says rape is rampant, it surely sends a signal to the world to brand India as unsafe for women.&lt;br /&gt;
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The same bench, while hearing a PIL on extra-judicial killings in Manipur, summoned the director of CBI, which had been entrusted with probing the killings widely perceived to be excesses by armed forces.&lt;br /&gt;
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To the bench’s question why the accused had not been arrested, the director said once chargesheet was filed, it was for the court to either send them to custody or grant them bail. Noticing that chargesheets had Section 302 IPC charges, the bench remarked that “murderers are allowed to roam free”. The SC bench forgot to use ‘alleged’ before ‘murderers’ to soften its un-required punch.&lt;br /&gt;
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This had its adverse impact on the armed forces, whose personnel put their lives on the line in disturbed areas to allow the legislature, the executive and the judiciary to function without the fear of ultras. Moreover, it is common knowledge that an accused is presumed innocent till he is pronounced guilty. How would the SC respond if one of the accused in the chargesheet moves an application and asks since the apex court has already termed him a ‘murderer’, would he get justice from the trial court.&lt;br /&gt;
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The SC has been freely making remarks against the executive and, in a few cases, against the legislature. In contrast, it has been very sensitive towards comments made against judges. It did not spare sitting Calcutta HC judge C S Karnan for making it a habit to launch diatribes against Supreme Court and high court judges and sent him to jail.&lt;br /&gt;
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When a Rajasthan HC judge made disparaging remarks against the HC chief justice in a judicial proceeding (State of Rajasthan vs Prakash Chand [1998 (1) SCC 1]), the SC came down heavily on him for breach of discipline. It said, “It is unbecoming of a judge of HC to travel out of the confines of the issue before him and to fish out material to unjustifiably malign someone, more particularly when that someone happens to be the one who is the head of the judicial family in the HC. We most strongly deprecate this practice.” Probably, PILs allow judges to take a 360-degree view than limit themselves to the subject matter of the case in hand!&lt;br /&gt;
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When the SC makes caustic observations, does it spare a thought that it might be hurting those bureaucrats who honestly do their jobs but are not succeeding in achieving desired results given the enormity of problems. When the SC has the licence to make such remarks, would HCs remain far behind?&lt;br /&gt;
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Recently, the Uttarakhand HC made news by giving the Ganga living entity status. It also ruled that animals had rights equal to that of human beings. Just a few days ago, the HC threatened to turn the oldest tiger reserve, Corbett National Park, into a race track for cars as the government had not evicted forest-dwelling communities and had failed to protect animals.&lt;br /&gt;
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Given the stinging observations of the SC, no doubt intended to solve problems, attorney general K K Venugopal sounded a caution and told the bench that there should be an impact assessment of orders on PILs at the ground level. He said before passing sweeping orders, the courts must examine impact on employment, investment and morale of the workforce.&lt;br /&gt;
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Interestingly, the SC nearly three decades ago had made a virtue of judicial restraint. In A M Mathur vs Pramod Kumar Gupta [1990 (2) SCC 533], it had said, “Judicial restraint and discipline are as necessary to the orderly administration of justice as they are to the effectiveness of the army. “This quality in decision making is as much necessary for judges to command respect as to protect the independence of the judiciary. Judicial restraint in this regard might better be called judicial respect, that is, respect by the judiciary.&lt;br /&gt;
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“Respect to those who come before the court as well to other coordinate branches of the state — the executive and the legislature. There must be mutual respect. When these qualities fail or when litigants and public believe that the judge has failed in these qualities, it will be neither good for the judge not for the judicial process.&lt;br /&gt;
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“The judges have absolute and unchallengeable control of the court domain. But they cannot misuse their authority by intemperate comments, undignified banter or scathing criticism of counsel, parties or witnesses. We concede that the court has the inherent power to act freely upon its own conviction on any matter coming before it for adjudication, but it is a general principle of the highest importance to the proper administration of justice that derogatory remarks ought not to be made against persons or authorities whose conduct comes into consideration unless it is absolutely necessary for the decision of the case.”&lt;br /&gt;
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These lines, said 28 years ago, still hold good for judiciary, if it wants to command respect from the public, the executive and the legislature.&lt;br /&gt;
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=Sealed cover proceedings=&lt;br /&gt;
==Adopted by the SC since 2000==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/sc-has-relied-on-sealed-cover-proceedings-in-several-cases-gujarat-riots-2g-coal-scam-cbi-rafale/articleshow/66801761.cms  Dhananjay Mahapatra, SC has relied on sealed cover proceedings in several cases – Gujarat riots, 2G, coal scam, CBI &amp;amp; Rafale, November 26, 2018: ''The Times of India'']&lt;br /&gt;
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To prevent further damage to the CBI’s public image, already sullied by incessant mudslinging between CBI director Alok Verma and his deputy Rakesh Asthana, the Supreme Court had resorted to ‘sealed cover proceedings’ while asking all parties to maintain strict confidentiality. &lt;br /&gt;
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After a bench led by CJI Ranjan Gogoi ordered ‘strict confidentiality’, three CBI officers had filed applications challenging their transfers out of Delhi immediately after the Centre sent both Verma and Asthana on leave. &lt;br /&gt;
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The last application was by an IPS officer with 18 years experience. He did little justice to his experience as a police officer by relying on ‘unverified’ statement of Hyderabad-based businessman Sathish Babu Sana to make ‘shocking’ allegations against Asthana, the CVC, the NSA, a Union minister, the law secretary and a RAW special secretary. &lt;br /&gt;
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The real facts behind these ‘shocking’ allegations need to be found out. We also must know what impelled the IPS officer to level these allegations when the SC through ‘sealed cover proceedings’ was scrutinising the CVC report’s which contained “not so complimentary and very uncomplimentary’ remarks against Verma. &lt;br /&gt;
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But the ‘sealed cover proceedings’ appears to have disturbed some, who are questioning its efficacy. The same people have expressed similar doubts over sealed cover proceedings adopted by the SC in scrutinising the Rafale deal. Since 2000, ‘sealed cover’ proceedings have been adopted by the SC in Gujarat riot cases, the 2G spectrum allocation scam and the coal block allocation scam. &lt;br /&gt;
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In post-Godhra riots cases, R K Raghavan headed SIT had filed several sealed cover status reports before the SC. As the SC was gunning for the Gujarat government then headed by Narendra Modi, Raghavan was hailed as an independent investigator by social activists and their activist lawyers as media reported the summary of the contents of almost every SIT report. &lt;br /&gt;
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One SIT report unfortunately talked about an activist peddling exaggerated stories about riot victims as also tutoring witnesses. Reporting of this SIT report caused much discomfort. The activists’ lawyer vociferously and repeatedly pleaded with the SC to initiate contempt proceedings against the reporter for revealing details of the ‘sealed cover’ report. &lt;br /&gt;
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In arbitrary allocation of 2G spectrum by UPA government in 2008, the SC had routinely scrutinised ‘sealed cover’ CBI probe status reports. No one questioned the efficacy of such proceedings then. &lt;br /&gt;
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The SC yet again adopted ‘sealed cover’ proceedings to monitor CBI probe into coal block allocations under the UPA regime. The then PM too has been made an accused in the case, though the trial against him has been stayed since 2015 by the SC. &lt;br /&gt;
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Before the ex-PM was made an accused, the CBI made a startling admission on April 30, 2013 — probe status reports, prior to submission to the SC, were vetted by then law minister and two joint secretary level officers, one in the PMO and the other in the coal ministry. &lt;br /&gt;
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On May 8, 2013, the SC recorded, “The draft status report was shared with the law minister, law officers and two joint secretary level officers and at their instance some changes were made. Some of the changes made in these draft status reports are significant.” Changes related to CBI’s PE2, which was on alleged irregularities in coal block allocations during 2006-09, when the ex-PM held the coal portfolio. &lt;br /&gt;
&lt;br /&gt;
Those who had subjugated the CBI director, illegally vetted and audaciously made vital changes in the probe status report are now vociferous while shedding crocodile tears for the danger to the CBI’s autonomy. We hope there will be constructive criticism of a decision by the court rather than nitpicking over ‘sealed cover proceedings’. &lt;br /&gt;
&lt;br /&gt;
A majority of politicians and activists behave according to the season and circumstances. Very few rise above the surroundings to work for greater common good. It reminds us of a small story: Once a king dreamt of an owl flapping around his throne. None in the durbar could decipher the dream. The king announced a handsome reward of 10 gold coins. A long distance away, a farmer resting under a tree was day-dreaming of the reward. A bird on the tree told the farmer she would share the dream’s meaning if he agreed to share the reward. Farmer agreed. Bird said betrayal and treachery rules the roost in the kingdom. The farmer told the king what the dream meant. The king found it in sync with intelligence reports. The farmer’s happiness fizzled out as soon as he neared home as the thought of giving the bird five gold coins was gnawing him. He took an alternative road home. &lt;br /&gt;
&lt;br /&gt;
A year later, the king saw another dream. A knife revolving around his throne. He sent for the farmer, who ran straight to the bird, apologised for betraying her the last time, and promised to share the booty this time. The bird said the dream meant violence would erupt in the kingdom. Satisfied with the meaning of the dream, the king gave 20 gold coins to the farmer. The man was sadder this time and working himself into a fury by repeatedly asking – what will a bird do with 10 gold coins? While heading home, he picked up a stone. As he neared the tree and the moment the bird asked for her share, the man aimed the stone at her. The bird flew away. &lt;br /&gt;
&lt;br /&gt;
Next year, the king dreamt of a dove flying around his throne and again sent for the man, who ran to the tree, and profusely apologised for his treacherous and violent actions in the past. In bargain for same promise to share the reward, the bird said this time there is peace in the kingdom and the king could take up welfare works for citizens. A happy king rewarded the farmer with 50 gold coins. The man went straight to the tree, gave all the gold coins to the bird and sought forgiveness. &lt;br /&gt;
&lt;br /&gt;
The bird smiled and said gold coins were of no use to her. But few men can rise above the surroundings and prevailing atmosphere to behave like real men, she said and told the farmer to strive to be a real man who remains uninfluenced by the atmosphere of distrust and conspiracy. Prior to every election, politicians across the political landscape behave alike and trade charges against each other with the sole aim of winning votes. We hope times will change.&lt;br /&gt;
&lt;br /&gt;
= Sentences, concurrent or consecutive?=&lt;br /&gt;
==If for non-payment of fines, then consecutive/ 2018== &lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F09%2F22&amp;amp;entity=Ar01612&amp;amp;sk=5F1190DB&amp;amp;mode=text  Dhananjay Mahapatra, Sentences for non-payment of fine to run consecutively: SC, September 22, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Supreme Court ruled that if a convict fails to pay the fines imposed on him for separate offences, the sentences for default in payment would run consecutively not concurrently.&lt;br /&gt;
&lt;br /&gt;
Five persons, convicted under Maharashtra Control of Organised Crime Act (MCOCA), were fined Rs 5 lakh each under three sections of MCOCA and upon default, they were to undergo imprisonment of three years for each section.&lt;br /&gt;
&lt;br /&gt;
In an appeal before a bench of Justices Abhay Manohar Sapre and Uday Umesh Lalit, senior advocate Colin Gonsalves said the cumulative fine was Rs 15 lakh and upon default, the convicts had to undergo further imprisonment of nine years, even after serving 14 years in jail. Gonsalves pleaded that the default sentences must run concurrently, that is for three years.&lt;br /&gt;
&lt;br /&gt;
Writing the judgment for the bench, Justice Lalit referred to provisions of Criminal Procedure Code and said, “The idea is clear, the default sentence is not to be merged with or allowed to run concurrently with a substantive sentence. Thus, the sentence of imprisonment for nonpayment of fine would be in excess of or in addition to the substantive sentence.”&lt;br /&gt;
&lt;br /&gt;
Explaining why the sentences should run consecutively and not concurrently, he said, “Theoretically, if the default sentences awarded in respect of imposition of fine in connection with two or more offences are to be clubbed or directed to run concurrently, there would not be any occasion for the person so sentenced to deposit the fine in respect of the second or further offences. It would effectively mean imposition of one single or combined sentence of fine. Such an exercise would render the very idea of imposition of fine with a deterrent stipulation while awarding sentence in default of payment of fine to be meaningless.”&lt;br /&gt;
&lt;br /&gt;
Referring to the case at hand, the bench said if default sentences awarded in respect of each of those three counts under MCOCA were directed to run concurrently, the accused may not be inclined to deposit fine for two of the three counts.&lt;br /&gt;
&lt;br /&gt;
=See also=&lt;br /&gt;
[[Supreme Court: India]] (mainly SC's rulings)&lt;br /&gt;
&lt;br /&gt;
[[Supreme Court, India: Administrative issues]]&lt;br /&gt;
&lt;br /&gt;
[[Supreme Court: India: Chief Justices]]&lt;br /&gt;
&lt;br /&gt;
[[Supreme Court: India: Sitting judges]]&lt;br /&gt;
&lt;br /&gt;
[[Judicial appointments, senior: India]] mainly the Collegium debate&lt;br /&gt;
&lt;br /&gt;
[[Judiciary: India (powers, functions)]]&lt;br /&gt;
&lt;br /&gt;
[[Judiciary, superior: India]]&lt;br /&gt;
&lt;br /&gt;
[[Judiciary: India]]&lt;br /&gt;
&lt;br /&gt;
[[Witness protection: India]]&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Supreme_Court:_India</id>
		<title>Supreme Court: India</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Supreme_Court:_India"/>
				<updated>2019-02-17T05:52:57Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: /* 2018, Jan: Four SC judges’ press conference */&lt;/p&gt;
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=Article 142 in The Constitution Of India 1949=&lt;br /&gt;
142. ''' Enforcement of decrees and orders of Supreme Court ''' and unless as to discovery, etc &lt;br /&gt;
&lt;br /&gt;
( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe&lt;br /&gt;
&lt;br /&gt;
(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself&lt;br /&gt;
&lt;br /&gt;
==‘A tool for judicial dictatorship’ ==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=OPINION-Article-142-cant-be-tool-for-judicial-03042017002030      C A Sundaram| Article 142 can't be tool for judicial dictatorship Apr 03 2017 : The Times of India (Delhi)]&lt;br /&gt;
&lt;br /&gt;
'' (The writer is a Supreme Court lawyer) '' &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
As a committed democrat, I believe that an inefficient democracy is preferable to an efficient dictatorship and any form of absolutism, even by the judiciary, is unacceptable.&lt;br /&gt;
&lt;br /&gt;
The anathema of democracy is dictatorship, whether in the hands of an individual, a group or an institution. The very soul of a democracy is that the people's will is supreme. Howsoever wise be the 30 adorning the apex court and howsoever noble their motives, they can never speak for 1.2 billion people who speak through their representatives in the legislature.&lt;br /&gt;
&lt;br /&gt;
It is not a case of comparative wisdom or intellect since democracy itself owes its origins in Greece to the revolt against the rule of the intelligentsia. It is for this very reason that the founding fathers of our Constitution provided strictly for the separation of powers, which would maintain a balance and protect against any one institution overpowering or dominating the others.&lt;br /&gt;
&lt;br /&gt;
How then can 30 wise but unelected people exercise powers akin to legislation? More so, when the selection of future members into this august group is decided by five of their wisest, with none else given a me aningful role in such appointments. Such power to self-propagate has also been conferred by their own judgments.&lt;br /&gt;
&lt;br /&gt;
While the independence of the judiciary is to be strictly protected, with it comes the responsibility of acting within constitutional boundaries and resisting the temptation to venture into the terrain of other institutions in the absence of viola tion of constitutional and legal principles.&lt;br /&gt;
&lt;br /&gt;
Over the recent past, however, increasing powers are traced to Article 142 to decide a host of issues that would fall within the domain of other institutions. The exercise of such powers with no one to turn to against such exercise except the very body that had exercised the powers in the first place is certainly not democratic and bor ders on authoritarianism or at the very least, rule of the intelligentsia.&lt;br /&gt;
&lt;br /&gt;
Article 142 is an extraordinary power to be sparingly used where there is a legislative or executive void and comes into play when the conclusion is founded on statute or law but a remedy has to be created. Surely , its purpose is not replacing the wisdom of other institutions with that of the judiciary .&lt;br /&gt;
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''' The recent judgment ''' of the apex court overriding the objections of the states has also prohibited luxury hotels within 500 metres of a highway from serving liquor in restaurants, banquet halls or even to guests in their rooms.&lt;br /&gt;
&lt;br /&gt;
To name a few, Aero City in Delhi, Leela in Mumbai, and Grand Chola in Chennai are all subject to this embargo.Members cannot have a drink in iconic clubs like the Gymkhana. Even more surprising is that this fatwa was passed in a litigation expressing concern over liquor shops operating on the fringe of highways proving a temptation to passing motorists and encouraging drunk driving.&lt;br /&gt;
&lt;br /&gt;
The judgment was surprising as it is highly likely that a person going to Bukhara for dinner does so to break the monotony of his driving or that the hotel guest having a nightcap would be tempted to rush out and start driving.&lt;br /&gt;
&lt;br /&gt;
That stopping such people from drinking would make the highway safer defies logic. If it was to enforce a prohibition on the consumption of liquor, it was beyond the powers of the court and in the domain of the legislature. The only source relied on for the exercise of such power by the court is Article 142 of the Constitution which empowers it to pass orders to do complete justice to parties. Today it has become as uncertain and elastic in its use as an anteater's tongue.&lt;br /&gt;
&lt;br /&gt;
It is certainly not to decide that it would be more - wholesome for the populace if hotels legally built and legally serving numerous needs ought not to serve liquor since they may be used as a watering hole by thirsting motorists.&lt;br /&gt;
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==Art 142 used to end marriage after wife skips hearings==&lt;br /&gt;
[http://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2017%2F12%2F15&amp;amp;entity=Ar01703&amp;amp;sk=346BF5BD&amp;amp;mode=text  AmitAnand Choudhary, SC invokes extraordinary powers to end marriage after woman skips hearings, December 15, 2017: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Supreme Court dissolved a marriage after the wife refused to respond to its notice to appear in court to contest the case. The husband had been fighting a legal battle for the last three years after his wife withdrew her consent for divorce after filing a joint petition in the family court.&lt;br /&gt;
&lt;br /&gt;
A bench of Justices R K Agrawal and Abhay Manohar Sapre invoked the SC’s extraordinary power granted under Article 142 to dissolve the marriage without hearing the wife as she refused to respond to its notice issued on the husband’s plea. The court said she was not interested in keeping the marital relationship alive and allowed the husband’s divorce plea. Article 142 empowers the SC to pass order as is necessary for doing complete justice in any cause or matter pending before it. The couple got married in 2013 but the relationship soured soon after and they agreed to separate. They filed a joint petition in the family court seeking dissolution of marriage through mutual consent. The wife thereafter did not appear before the court which finally dismissed the petition. The man then approached the High Court of Judicature at Hyderabad which refused to grant him divorce after his wife’s lawyer contended that she had not given consent.&lt;br /&gt;
&lt;br /&gt;
Agreeing to examine his plea, the apex court had issued a notice to the wife to file her response but neither she not her lawyer appeared to argue the case. She did not appear before the court on 18 dates when the matter was taken up for hearing.&lt;br /&gt;
&lt;br /&gt;
Taking into account her conduct, the apex court dissolved the marriage and said there was no dispute that the couple had entered into an agreement to end the marital relationship.&lt;br /&gt;
&lt;br /&gt;
=Contempt of court=&lt;br /&gt;
==Calcutta HC on contempt: SC==&lt;br /&gt;
&lt;br /&gt;
The Times of India, Sep 18, 2011&lt;br /&gt;
&lt;br /&gt;
The Jalpaiguri district court was shut for a month by people demanding a Calcutta high court circuit bench there and the high court convicted 18 people, including the DGP of the West Bengal police, editor of a local daily, an ex-MP, an MLA and the district magistrate, for contempt. &lt;br /&gt;
When they appealed against their conviction and six-month jail term, the tables were turned in the Supreme Court, which not only quashed the contempt proceedings but also faulted the high court for not taking timely action during the agitation to help keep the district court open. &lt;br /&gt;
&lt;br /&gt;
The protesting public started the agitation on December 15, 2006 outside the main gate of the district court and requested the judicial officers not to go to court. It continued for a month till January 15, 2007. &lt;br /&gt;
&lt;br /&gt;
A bench of Justices P Sathasivam and B S Chauhan said the agitation was peaceful and the judicial officers were not forcibly prevented from attending the court. However, it reiterated that “the administration of justice should never be stalled at the instance of anyone including the members of the bar even for any cause.” &lt;br /&gt;
&lt;br /&gt;
The SC found that there was no request from the district judge or from the registrar general of the HC for removal of the rostrum put up in front of the gate and clearing of the protesters. It disagreed with the HC’s view that the DGP disobeyed the Chief Justice’s order for restoration of the district court’s functioning.&lt;br /&gt;
== Siddaramaiah, Sahara and other cases==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=LEGALLY-SPEAKING-High-and-mighty-in-country-make-03102016014045  Dhananjay Mahapatra High and mighty in country make judiciary drag its feet, Oct 03 2016 : The Times of India]&lt;br /&gt;
&lt;br /&gt;
Siddaramaiah's Snub To SC Not 1st Case Of Defiance By A CM&lt;br /&gt;
&lt;br /&gt;
Defiance of the Supreme Court's orders have al ways invited stinging punishment. Sahara group chief Subrata Roy will testify to that. He spent more than two years in jail and yet is not safe from the wrath of law. Last week, he was in real danger of being dragged back to prison just because his counsel made some intemperate arguments to test the SC's patience.&lt;br /&gt;
&lt;br /&gt;
Again in Sept 2016, the Justice Lodha committee complained to the SC that the Board of Control for Cricket in India (BCCI) was impeding and defying implementation of reforms ordered by the apex court. Asking the BCCI to fall in line, the SC issued a “we will set you right“ warning.&lt;br /&gt;
&lt;br /&gt;
But last week also saw Karnataka repeatedly flouting the SC's orders for release of Cauvery water to Tamil Nadu. Three times in the past one month, the state disobeyed the SC's orders. The political class came together and the assembly passed a resolution restraining the government from releasing water.&lt;br /&gt;
&lt;br /&gt;
The SC had no option but to reiterate its orders notwithstanding the assembly resolution. CM Siddaramaiah told the SC in clear terms that given the “will of the people of Karnataka“, he would disobey the court's orders.&lt;br /&gt;
&lt;br /&gt;
In a democracy , rule of law is maintained only when the violator faces reprisal of law swiftly and unwaveringly . For a commoner, the wrath of law has always been swift but when it comes to a mighty state or a chief minister, the SC has always been a little lenient.&lt;br /&gt;
&lt;br /&gt;
It is not the first time that Karnataka has disobeyed SC orders. In 2002, the SC had issued contempt notice to then chief minister S M Krishna for disobeying its October 4, 2002 order for release of 9,000 cusecs of water into Mettur reservoir. The contempt proceedings gathered dust. After six years, the SC disosed of the contempt proce edings taking into account Krishna's unconditional apology for the disobedience filed through senior advocate Fali S Nariman, who continues to be the counsel for Karnataka in the Cauvery dispute.&lt;br /&gt;
&lt;br /&gt;
Is Siddaramaiah drawing inspiration from the past? Difficult to say but the SC faces a real dilemma. If it hauls up the CM for contempt, it would help his popularity soar. And there is no guarantee of his successor implementing the SC's orders. As regards Siddaramaiah, he would not mind facing the wrath of law to emerge a martyr a few months ahead of assembly elections.&lt;br /&gt;
&lt;br /&gt;
If the court does not take action, then it could encourage other states to defy its orders hiding behind the “will of the people“. And at present, it takes virtually nothing to whip up public hysteria.&lt;br /&gt;
&lt;br /&gt;
In 1992, then UP chief minister Kalyan Singh had given an undertaking to the SC to maintain status quo at the disputed Ram Janmabhumi-Babri masjid site. It was flagrantly violated and the structure was razed to the ground. The SC convicted him for contempt of court.&lt;br /&gt;
&lt;br /&gt;
In Mohd Aslam vs Union of India [1994 (6) SCC 442], the SC said, “It is unhappy that a leader of a political party and chief minister has to be convicted of an offence of contempt of court. But it has to be done to uphold the majesty of law. We convict him of the offence of contempt of court.Since the contempt raises larger issues which affect the very foundation of the secular fabric of our nation, we also sentence him to a token imprisonment of one day. We also sentence him to pay a fine of Rs 2,000.“ Is that the wrath of law ­ one day's imprisonment or a fine of Rs 2,000?&lt;br /&gt;
&lt;br /&gt;
Importantly, the SC had aid, “Respect for law and its nstitutions is the only assuance that can hold a plura st nation together. Any atempt to achieve solutions to ontroversies, however ideoogically and emotionally urcharged, not on the basis f law and through judicial nstitutions, but on the trength of numbers will subert the fundamental values f our chosen political orga isation. It will demolish ublic faith in the accepted onstitutional institutions nd weaken people's resolve o solve issues by peaceful eans. It will destroy respect or rule of law and the authoity of courts, and seek to plae individual authority and trength of numbers above he wisdom of law.“&lt;br /&gt;
&lt;br /&gt;
Contrast this to a very reent example in the US. No ess than Alabama Supreme ourt chief justice Roy S More was suspended because e had ordered junior judges o defy an order of the US Su reme Court which validated ame-sex marriage in June ast year. That is what is caled the wrath of law which perates on the basis of the axim “you be ever so high, he law is above you“.&lt;br /&gt;
&lt;br /&gt;
Unfortunately in India, the wrath of law has always remai ed inversely proportional to he position and popularity of n individual. The higher he stands, lesser the chance of him acing the wrong end of the judicial stick. It will be interes ng to watch how the `wrath of w' story unfolds in the SC .&lt;br /&gt;
&lt;br /&gt;
= Curative jurisdiction=&lt;br /&gt;
==2017: AG calls for a review== &lt;br /&gt;
[http://epaperbeta.timesofindia.com//Article.aspx?eid=31808&amp;amp;articlexml=SCs-flawed-curative-jurisdiction-needs-urgent-relook-says-29042017013011  Dhananjay Mahapatra, SC's flawed curative jurisdiction needs urgent relook, says AG, April 29, 2017: The Times of India]&lt;br /&gt;
﻿&lt;br /&gt;
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﻿&lt;br /&gt;
'''Observation Comes Day After SC Rejected Centre's Plea On AFSPA'''&lt;br /&gt;
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A day after the Supreme Court dismissed the Centre's plea to exempt armed forces' personnel from prosecution for encounter deaths in areas under the Armed Forces Special Powers Act (AFSPA), attorney general Mukul Rohatgi on Friday made a strong pitch for review of the curative jurisdiction and called it “unfair and flawed“.&lt;br /&gt;
&lt;br /&gt;
The SC had devised the curative jurisdiction in 2002 in its order in the Rupa Ashok Hurra case whereby a litigant could, as the last recourse, seek reconsideration of a judgment even after a review petition had been dismissed, on grounds of alleged violation of principle of natural justice and bias. A curative petition is considered in chamber by a bench that includes the three senior-most judges of the SC and the judges who had delivered the judgment in question. Rohatgi gave three grounds terming the process for cura for terming the process for curative petitions as “unfair and flawed“. He said, “If the judges who had delivered the judgment and dismissed the review petition were to be part of the bench to hear the curative petition, then it is obvious that the result would go the same way as the fate of the review petition. If the intention is to have a relook at the judgment, then the curative petition must be placed before a bench which does not include the judges who had delivered the judgment.“&lt;br /&gt;
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Speaking to TOI, the AG also faulted the procedure adopted in deciding curative petitions. “In camera proceedings are contrary to the notion of dispensation of justice under public gaze. The court proceedings in India are open to public, except in exceptional circumstances,“ Rohatgi said.&lt;br /&gt;
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The third ground, he said, was the absence of petitioner's counsel to argue before the bench dealing with the curative petition. “The procedure established through the Hurra judgment is not in accordance with the principles of natural justice and deserves a relook urgently,“ he said. On Wednesday, the SC up held its direction for mandatory registration of FIR against armed forces personnel, even in disturbed areas under AFSPA, for every encounter death despite the Centre pleading that this order could jeopardise efforts to maintain peace and security .&lt;br /&gt;
&lt;br /&gt;
In a chamber hearing without the presence of law officers for the Centre, a bench of Chief Justice J S Khehar and Justices Dipak Misra, J Chelameswar, Madan B Lokur an U U Lalit had dismissed the Union government's curative petition against the judgment delivered last year. “We find no merit in the curative petition,“ it said before rejecting the plea.&lt;br /&gt;
&lt;br /&gt;
By the July 8, 2016 order, the SC had negated the protection against prosecution available to armed forces under AFSPA. The Centre had said, “If the position maintained by the impugned order continues, it may one day be well-nigh impossible to maintain peace and security .“&lt;br /&gt;
&lt;br /&gt;
=High Courts’ judgements and the SC=&lt;br /&gt;
==Complimenting HCs==	&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F21&amp;amp;entity=Ar01302&amp;amp;sk=A1C1C65B&amp;amp;mode=text  Dhananjay Mahapatra, How often does SC compliment HCs? Every now &amp;amp; then, January 21, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The fulsome praise showered by the Supreme Court on the Delhi high court for deciding the sexual harassment case against filmmaker Mahmood Farooqui may appear to be against the run of play because of the perception that HC verdicts are routinely overturned by the apex court.&lt;br /&gt;
&lt;br /&gt;
However, a quick scan of important cases heard by the apex court by way of appeals against high court verdicts reveals that, contrary to the widely held impression, in the majority of cases the SC has not only agreed with the HCs but even rebuked state governments for contesting well-reasoned orders. There have, of course, been instances of the apex court faulting HCs for falling into error.&lt;br /&gt;
&lt;br /&gt;
“The Supreme Court needs to be complimented for complimenting the high court,” said a senior lawyer.&lt;br /&gt;
&lt;br /&gt;
In March last year, the Calcutta HC ordered the CBI to take hold of all material, including Narada sting operation videos allegedly showing Trinamool members taking bribe, and register a preliminary enquiry (PE) in 72 hours. The West Bengal government cried foul and accused the CBI of political vendetta and appealed in the SC. The apex court strongly criticised the Mamata Banerjee government, made its counsel apologise, and held that the appeal was “most unfortunate” deserving “outright rejection”.&lt;br /&gt;
&lt;br /&gt;
The SC had said: “We have perused the order under challenge and it emerges that the HC took into consideration the material which required holding of PE at the hands of the CBI. We find no infirmity with the determination of the HC as the rights of petitioners are fully protected.”&lt;br /&gt;
&lt;br /&gt;
In February 2015, the Delhi high court restrained Prasar Bharati from sharing the free live telecast feed of cricket matches available to Doordarshan with cable operators. In August last year, the SC said the HC had correctly decided the case and affirmed the order.&lt;br /&gt;
&lt;br /&gt;
The Delhi high court will also draw satisfaction in the SC fully endorsing its verdict convicting four persons and awarding them death penalty for the gang rape and murder of ‘Nirbhaya’ in December 2012. The Supreme Court, after minute scrutiny of every piece of evidence, found no infirmity in the HC judgment. It is one of those rare cases where the trial court, the HC and the SC were on the same page.&lt;br /&gt;
&lt;br /&gt;
In contrast, the 2001Parliament attack case shows how scrutiny of evidence at the higher levels of judiciary makes certain evidence, relied on by the trial court, appear doubtful. In this case, the trial court had awarded death sentences on Mohammad Afzal Guru, Shaukat Hussain Guru and SAR Gilani, and a five-year jail term to Afsan Guru. The HC upheld the death sentence for Afzal and Shaukat but acquitted Gilani and Afsan. The SC, despite terming the HC order “well reasoned”, awarded death only to Afzal, a 10-year jail term to Shaukat and upheld the acquittal of Gilani and Afsan.&lt;br /&gt;
&lt;br /&gt;
In November last year, the Supreme Court had upheld an Uttarakhand HC verdict approving the assembly speaker’s decision to disqualify nine MLAs for defecting from Congress and said it was a “well-reasoned order”. In December last year, the SC was again on the same page with the Delhi HC in refusing to accord ‘Vande Mataram’ status equivalent to that of the national anthem.&lt;br /&gt;
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Last month, it also agreed with theDelhi HC and dismissed a petition filed by AAP member Raghav Chadha, who had challenged the trial judge’s decision to summon him to face proceedings in a defamation case filed against him by finance minister Arun Jaitley for merely retweeting an allegedly defamatory statement by Delhi chief minister Arvind Kejriwal.&lt;br /&gt;
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However, there are occasions when the SC expressed annoyance with the HCs, as it did last year in the fodder scam case. The Jharkhand HC had said the scam was a product of one conspiracy and hence former Bihar CM and RJD chief Lalu Prasad could not be made to face conspiracy charge in fodder scam cases relating to different treasuries. The SC overturned the order and criticised the HC for “ignoring the settled principles of law” that instances of illegal withdrawal of crores of rupees from every treasury require a separate trial. That is how Lalu Prasad came to be convicted in the second fodder scam case and faces more trials.&lt;br /&gt;
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= Impeachment =&lt;br /&gt;
[https://www.indiatoday.in/magazine/up-front/story/20180416-cji-dipak-mishra-impeachment-supreme-court-1206276-2018-04-05#ssologin=1#source=magazine Faizan Mustafa , Judging our judges “India Today” 16/2/2018]&lt;br /&gt;
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Yet no judge has so far been impeached in India. In 2010, senior lawyer and former law minister Shanti Bhushan asserted, in an affidavit in the Supreme Court, that out of 16 chief justices of India, as many as eight were 'definitely corrupt'. There was a move to impeach CJI M.M. Punchhi for acquitting a person on the basis of a compromise in a matter of criminal breach of trust-which is a non-compoundable offence-for allegedly extraneous considerations, but the requisite number of MP signatures could not be procured for the impeachment motion. Last year, CJI J.S. Khehar too was mired in a controversy over the suicide note of former Arunachal Pradesh chief minister Kalikho Pul. Justice Markandey Katju too had made serious allegations about the extension given to a Madras High Court judge by three CJIs under political pressure from the DMK and UPA.&lt;br /&gt;
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The ill-conceived, half-hearted and unrealistic move to impeach CJI Dipak Misra on charges that are hard to prove should cue attempts to put in place a system of judicial accountability short of impeachment.&lt;br /&gt;
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A judge can be impeached by Parliament on grounds of 'proved misbehaviour or incapacity'. Judges hold office, not only in India but also in, say, Britain and the US, during what may be termed as 'good behaviour' periods. The CJI too can be impeached like any other judge as he is simply the first among equals. The Supreme Court itself has held that 'misconduct' is a relative term that could connote &amp;quot;wrong conduct or improper conduct&amp;quot;. The Judges (Inquiry) Bill, 2006, did include wilful, persistent failure to perform duties within the definition of 'misconduct', but it is difficult to argue that writing of fewer judgments or wrong judgments amounts to 'misconduct' or 'incapacity'.&lt;br /&gt;
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Public perception matters in the discharge of judicial functions. If there is even a baseless perception that the CJI and/ or other judges are under the influence of the government and matters in which the government is interested are given to pliant benches, it may be a worrisome sign for the independence of the judiciary. However, none of this, including the controversial constitution of a seven- and then five-judge bench with great alacrity to overturn a decision of a three-judge bench in the Lucknow medical college case, may really meet the stringent criteria of 'misconduct'.&lt;br /&gt;
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Corruption is a cognisable offence, yet in the Justice K. Veeraswami case (1991), the apex court laid down that no FIR can be filed against a judge without the permission of the CJI. Although the case was about corruption, the Supreme Court extended protection to all cases. If the allegation of corruption is against a Supreme Court judge, the President could order an investigation in consultation with the CJI. If the allegation was against the CJI, the President had to consult other judges and act on their advice. In CJI Khehar's case, since the allegations were not only against him but also against the then President (Pranab Mukherjee), Khehar rightly ordered that the matter be referred to an appropriate bench.&lt;br /&gt;
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The impeachment process is so time-consuming and tortuous that it practically gives judges immunity. We, therefore, must evolve other mechanisms to evaluate the performance of judges. Judicial accountability promotes at least three discrete values: the rule of law, public confidence in the judiciary, and institutional responsibility. Many US states have a 'merit plan' to evaluate judicial performance. States such as Arizona, California and Utah have Judicial Performance Review Commissions/ Councils. These consist of not only judges and lawyers but also laypersons. New York and Alaska have systems of evaluation by trained court observers who make unscheduled court visits. Judges are evaluated on their knowledge of law, integrity, sentencing, impartiality etc. Judges must be judged too, and we need mechanisms that enable this.&lt;br /&gt;
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=Judgements, famous=&lt;br /&gt;
==Disaster relief order: 2016==&lt;br /&gt;
[http://epaperbeta.timesofindia.com//Article.aspx?eid=31808&amp;amp;articlexml=SC-erred-in-disaster-relief-order-26052016011035 ''The Times of India''], May 26 2016&lt;br /&gt;
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Dhananjay Mahapatra&lt;br /&gt;
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In its over-zealousness to protect the lives of citizens reeling under severe drought in several states, the Supreme Court has erred in directing the Centre to set up a National Disaster Mitigation Fund (NDMF) under a non-operational statutory provision which had riled the government.&lt;br /&gt;
Led by finance minister Arun Jaitley , the government had accused the judiciary of wanton interference in the executive's exclusive domain of earmarking funds for various purposes under the budgetary exercise.&lt;br /&gt;
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The SC on May 11 had quoted Section 47 of the Disaster Management Act, which provides for setting up of NDMF for projects exclusively for the purpose of mitigation -measures aimed at reducing the risk of disaster.&lt;br /&gt;
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Slamming the government, the SC had said, “Although the DM Act has been in force for more than 10 years, the NDMF has not yet been constituted. Therefore, there is no provision for mitigation of a disaster.“ It said since the Centre had not set up NDMF, it was unlikely that states or district administrations would have set up disaster mitigation funds.&lt;br /&gt;
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“As mandated by Section 47 of the DM Act, 2005, a Na tional Disaster Mitigation Fund is required to be established. Unfortunately, no such fund has been constituted till date. Accordingly, we direct the Union of India to establish a National Disaster Mitigation Fund within three months,“ the bench said and set August 10 as the deadline to set up NDMF.&lt;br /&gt;
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While the anxiety to come to the rescue of those affected by droughts was reflected in the judgment of Justices Madan B Lokur and N V Ramana, the bench missed the fact that Section 47 of the DM Act was not yet notified. None of the counsel -neither additional solicitor general P S Narasimha nor the advocates appearing for states -drew the court's attention to the fact that Section 47 mandating setting up of NDMF was not notified by the government and, hence, remained non-operative.&lt;br /&gt;
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As a result of this mistake, the SC ended up directing the Centre to implement a provision of law which for all practical purposes is non-existent.&lt;br /&gt;
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A day after the SC directed the Centre to set up NDMF, Jaitley said the judiciary was progressively appropriating the executive's powers. “Step by step, brick by brick, the edifice of India's legislature is being destroyed,“ he said and his remark was appreciated by MPs cutting across party lines.&lt;br /&gt;
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==Setting up a Disaster Response Force==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=SC-also-erred-in-asking-govt-to-set-28052016012059 ''The Times of India''], May 28 2016&lt;br /&gt;
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'''SC also erred in asking govt to set up Disaster Response Force: ASG'''&lt;br /&gt;
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Additional solicitor general P S Narasimha on Friday said the Supreme Court erred not only in directing setting up of National Disaster Mitigation Fund (NDMF) but also in asking the Centre to set up a National Disaster Response Force (NDRF).&lt;br /&gt;
Responding to a TOI report published on Thursday, Narasimha said during the arguments on a PIL filed by `Swaraj Abhiyan', he had pointed out to the court that Section 47 of Disaster Management Act had left it to the Union government's discretion whether or not to set up NDMF by using the words “the government may“.&lt;br /&gt;
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“Apart from this, I had also pointed out to the court that National Disaster Re sponse Fund under Section 46 was already constituted and in fact been operated since 2010. During the course of hearing, I had elaborately pointed out the distinction between mandatory provisions and those which are enabling,“ he said.&lt;br /&gt;
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He added that he had also brought to the court's notice the rejection of a proposal to set up NDMF by the 13th Finance Commission, which was of the view that funds were already available to different ministries under the DM Act for mitigation measures connected to a disaster.&lt;br /&gt;
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“Surprisingly , in its judgment on May 11, the court directed constitution of NDMF. Equally erroneously, the judgment directed formation of NDRF, although such a force has already been constituted under Section 44 with the requisite manpower. This fact was brought to the notice of the bench by a senior officer of the disaster management authority who was present in the court,“ Narasimha said.&lt;br /&gt;
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The ASG objected to the TOI report which said that “the bench missed the fact that Section 47 of the DM Act was not yet notified as none of the counsel -neither additional solicitor general P S Narasimha nor advocates appearing for the states -drew the court's attention to this fact“. TOI had reported that the SC had erred by directing constitution of NDMF as Section 47 was nonoperational.&lt;br /&gt;
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He said attribution of this omission to him was erroneous as he had presented all facts before the court.“For these reasons, I promptly advised filing of a review petition as these findings constitute errors apparent on the face of the record,“ he said.&lt;br /&gt;
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However, none of the written submissions presented by the Centre to the court during the hearing mentioned the fact that non-notification of Section 47 barred the court from directing the government to constitute NDMF.&lt;br /&gt;
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=Judges=&lt;br /&gt;
==Advocates who gained straight entry to the SC==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=4-new-SC-judges-2-rarities-05052016001068 ''The Times of India''], May 5, 2016&lt;br /&gt;
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2016: Senior advocate L Nageshwar Rao joined a super-exclusive club of advocates to gain straight entry to the SC: Kuldip Singh, Santosh Hegde, U ULalit and R F Nariman. Rao was additional solicitor gene ral under both UPA and NDA before resigning in 2015.&lt;br /&gt;
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==Both father and son as SC judges==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=4-new-SC-judges-2-rarities-05052016001068 ''The Times of India''], May 5, 2016&lt;br /&gt;
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2016: The collegium headed by the Chief Justice of India recommended appointment to the Supreme Court of Allahabad HC chief justice DhananjayChandrachud. Justice Chandrachud's father Yeshwant was CJI from February 1978 to July 1985. Appointed a judge in Bombay HC at just 40, Chandrachud Junior has nine years of service left and a strong chance of creating history by also becoming CJI. Only once before have both father and son made it to the SC N H Bhagwati and P N Bhagwati, who went on to become CJI.&lt;br /&gt;
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=Judges' differences with the Chief Justice=&lt;br /&gt;
==2018, Jan: Four SC judges’ press conference==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/shock-sc-judges-press-conference-let-nation-decide-about-cjis-impeachment/articleshow/62471142.cms      Supreme Court judges' press conference: 'Let nation decide about CJI's impeachment' | Jan 12, 2018  | TIMESOFINDIA.COM]&lt;br /&gt;
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[[File: Some brief profiles of Justice Dipak Misra, Justice Chelameswar, Justice Ranjan Gogoi, Justice Kurian Joseph and Justice Madan B Lokur.jpg|Some brief profiles of Justice Dipak Misra, Justice Chelameswar, Justice Ranjan Gogoi, Justice Kurian Joseph and Justice Madan B Lokur &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01417&amp;amp;sk=983FB026&amp;amp;mode=text  January 13, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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[[File: 2018 Jan- WHAT THE JUDGES' LETTER to the CJI SAID.jpg|2018 Jan- WHAT THE JUDGES' LETTER to the CJI SAID;  &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01404&amp;amp;sk=1CD28F5D&amp;amp;mode=text  January 13, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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NEW DELHI: In an unprecedented move, four senior Supreme Court judges today called a press conference to express their displeasure with the Chief Justice of India (CJI) Dipak Mishra and with the way he was assigning cases.&lt;br /&gt;
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''' Highlights ''' &lt;br /&gt;
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*The four judges' letter to the CJI [in Nov 2017] airing their grievance about selective assigning of important cases&lt;br /&gt;
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*&amp;quot;The CJI is only the first among equals nothing more and nothing less&amp;quot;, they said&lt;br /&gt;
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*The judges acknowledged that what they were doing - in calling a press conference - was highly unusual&lt;br /&gt;
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The four judges+ ' wrote a letter to the CJI two months ago, airing their grievances about selective assigning of important cases to judges who are junior to them. They also said they have issues with the assignment of the case to do with the mysterious death of Justice BH Loya, who was hearing the Sohrabuddin fake encounter case.&lt;br /&gt;
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&amp;quot;The convention of recognising that CJI is the master of roster and assigns cases to different benches is for disciplined and efficient transaction of court business and not a recognition of superior authority,&amp;quot; they said in the letter.&lt;br /&gt;
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&amp;quot;The CJI is only the first among equals nothing more and nothing less&amp;quot;, they added.&lt;br /&gt;
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The judges were Justice Chelameswar, Justice Gogoi, Justice Lokur and Justice Kurian Joseph. They said they are speaking out because &amp;quot;democracy will not survive if the judiciary is not impartial&amp;quot;. [These four honourable judges ranked at nos.1, 2, 3 and 4 among  the 24 [[Supreme Court: India: Sitting judges ]], not counting the Hon. Chief Justice of India, who obviously was senior to them all.]&lt;br /&gt;
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The judges said they were annoyed that the medical college admissions scam was sent to court no 7 after a Justice Chelameswar headed bench sent it to a five-judge bench of himself, the CJI and Justices Gogoi, Lokur and Joseph.&lt;br /&gt;
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They also said they wanted to highlight unspecified irregularities in the judiciary and to say that the CJI Mishra isn't doing anything to remedy the situation, despite the letter they wrote him some months ago.&lt;br /&gt;
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When the Justices were asked if the issues were to do with the Collegium as well, they didn't confirm or deny it. When asked if CJI Mishra should be removed, one of them said, &amp;quot;Let the nation decide on his impeachment.&amp;quot;&lt;br /&gt;
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They said they sent the CJI the letter but didn't hear back, and then they met him again this morning, to no avail.&lt;br /&gt;
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&amp;quot;We collectively tried to persuade the CJI that certain things aren't in order so take remedial measures but unfortunately our efforts failed,&amp;quot; said Justice Chelameswar.&lt;br /&gt;
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The four judges said many &amp;quot;undesirable&amp;quot; things have occurred in the judiciary lately.&lt;br /&gt;
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&amp;quot;The administration of the SC is not in order and many things which are less than desirable have happened in last few months,&amp;quot; said Justice Chelameswar.&lt;br /&gt;
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A few minutes before the press conference, the SC said, separately, that the &amp;quot;mysterious death of Justice BH Loya is a serious issue&amp;quot;. They asked the Maharashtra government to present all documents to do with his death to the court on Monday. Justice Loya was hearing the Sohrabuddin fake encounter case and died under mysterious circumstances.&lt;br /&gt;
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The judges also had a grievance that the PIL seeking a probe into Justice Loya's death was assigned to court no. 10 and not to any of the first four benches other than CJI-led bench.&lt;br /&gt;
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The judges acknowledged that what they were doing - in calling a press conference - was highly unusual.&lt;br /&gt;
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=== A look at their career track and antecedents ===&lt;br /&gt;
[https://www.indiatoday.in/magazine/the-big-story/story/20180129-supreme-court-rebel-judges-cji-dipak-mishra-1148761-2018-01-19 Damayanti Datta , Brothers at war “ India Today” 29/1/2018]&lt;br /&gt;
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[[File: Brothers at war .jpg| Brothers at war [https://www.indiatoday.in/magazine/the-big-story/story/20180129-supreme-court-rebel-judges-cji-dipak-mishra-1148761-2018-01-19 .&amp;lt;br/&amp;gt; “ India Today”]|frame|500px]]&lt;br /&gt;
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===The events of that day===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F14&amp;amp;entity=Ar00903&amp;amp;sk=C743DE97&amp;amp;mode=text  Dhananjay Mahapatra, Judges’ presser sharpened double-edged swords wielded by activist lawyers, January 14, 2019: ''The Times of India'']&lt;br /&gt;
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It was Friday, January 12, 2018. Fridays in Supreme Court are busy days. But four seniormost judges wound up judicial work in 45 minutes. The SC corridor was agog with rumours about an impending unprecedented press conference by them. Journalists rushed to Justice Jasti Chelameswar’s official residence. History was made. The rumours came true. The judges cornered then CJI Dipak Misra.&lt;br /&gt;
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But Justice Chelameswar donned a worried look, his gaze fixed at the entrance of his residential bungalow. Explaining the worry lines on his forehead, he had said, “If the three johnnies don’t come, I will be in a soup as I had put my neck out.” The three — Justices Ranjan Gogoi, Madan B Lokur and Kurian Joseph — trooped in a little later. Justice Chelameswar sported a smile of relief.&lt;br /&gt;
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We all know what happened later — how an activist lawyer attended the presser, was stopped from asking questions by journalists and was closeted with Justice Chelameswar immediately after the press conference. How a Left leader went to meet Justice Chelameswar, how the presser was used to exert pressure on the then CJI by politician-lawyers to defer adjudication of Ayodhya case and how it became a ground for moving an unprecedented removal motion by Congress against the then CJI in Parliament.&lt;br /&gt;
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The presser further unnerved CJI Misra, who was on the back foot since November 2017 when Justice Chelameswar attempted to snatch the CJI’s power as ‘master of roster’ by setting up a fivejudge bench to hear a petition by ‘forum hunting’ activist-lawyers seeking a probe into the CJI’s alleged role in the medical college admission scam.&lt;br /&gt;
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CJI Misra had to hurriedly set up a five-judge bench to annul Justice Chelameswar’s order and reiterate the CJI’s sole prerogative in assigning a case to a particular bench and determining the number of judges on the bench. The CJI was damned by both the rebel judges and the activist-lawyers for allocating cases of national importance arbitrarily to select benches of “junior” judges perceived to have political leanings.&lt;br /&gt;
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Less than a year later, CJI Ranjan Gogoi notified a five-judge constitution bench to adjudicate the Ayodhya land dispute case. It surprised many as a three-judge bench on September 27 had rejected a demand for its reference to a five-judge bench and ruled that a three-judge bench would decide it.&lt;br /&gt;
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CJI Gogoi explained that he used his plenary powers under Order VI Rule 1 of Supreme Court Rules, 2013, to set up the five-judge bench. On wonders why the same rule was not the saviour for CJI Misra when he set up a five-judge bench for reiteration of the CJI’s prerogative in allocating cases to a bench and its numerical strength. While CJI Mishra was damned, the Muslim parties hailed CJI Gogoi saying “this is how a CJI must act”. If a CJI’s orders are favourable, activist-lawyers waste no time in crowning him as the most independent judge on earth.&lt;br /&gt;
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Allocation of petitions seeking probe into alleged suspicious death of judicial officer B H Loya to a bench headed by Justice Arun Mishra had triggered the January 12 presser. Justice Mishra recused. A&lt;br /&gt;
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three-judge bench led by CJI Misra heard the case and dismissed the petitions. They drew a lot of flak. The activist-lawyers missed no words in the dictionary to berate the then CJI.&lt;br /&gt;
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For any CJI, the SC is a pitch of quicksand prepared by activist-politician lawyers. The moment a judge gets into the post of CJI, these lawyers miss no opportunity to attempt to push him on the back foot to make sure the SC entertains their PILs, genuine as well as tainted, which give them immense clout in social, political and bureaucratic circles.&lt;br /&gt;
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A cornered CJI Misra reacted on expected lines and entertained a huge number of PILs. But CJI Gogoi is not one to be pushed on the back foot. When the CBI vs CBI PIL, followed by another on the Rafale aircraft deal, came up before him, he earned the ire of the same group of lawyers for the manner in which he surgically heard the cases without permitting lengthy arguments. Immediately, they turned against him.&lt;br /&gt;
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Even before the judgments were delivered, the activist-politician lawyers were at their usual work — spreading the word in the corridors and social media that CJI Gogoi would dismiss both petitions and that he was worse than CJI Misra. These lawyers have already started digging into the past to find some link to brand CJI Gogoi as close to the government. Such is the danger for a CJI.&lt;br /&gt;
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After his retirement, Justice Chelameswar had boasted that he had strived for transparency and objectivity in the collegium process for selection of judges to the SC and HCs. When he was part of the collegium, Justice Chelameswar had taken advantage of the then CJI’s proposal to abruptly change an earlier recommendation — a Karnataka HC judge’s transfer to Bombay HC was to be annulled and he was to be sent to Allahabad HC.&lt;br /&gt;
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Justice Chelameswar agreed, but with a quid pro quo — transfer a Kerala HC judge to Andhra Pradesh HC even though he knew that the HC judge, prior to his appointment, had given an affidavit to the SC to never press for his transfer back to AP HC. The CJI had to agree. But the Union government refused to act on this recommendation.&lt;br /&gt;
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The CJI Gogoi-headed collegium has now recommended transfer of that Kerala HC judge to Bombay HC, superseding its earlier recommendation. What is the status of transparency and objectivity, both then and now, which the judges’ press conference had pressed for?&lt;br /&gt;
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In SP Gupta case [1981 (sup) 1 SCC 87], described as the first judges’ case, the SC had said, “Unfortunately, it is the easiest thing to make false, reckless and irresponsible allegations against judges in regard to their honesty and integrity and in recent times, the tendency has grown to make such allegations against judges because they have decided the case in a particular manner, either against a dissatisfied litigant or contrary to the view held by a group or, section of politicians or lawyers or members of public.”&lt;br /&gt;
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How true today after nearly 40 years! When Justice Gogoi took umbrage to the Loya case allocation during the presser, activist-politician lawyers hailed him as the epitome of honesty, integrity, independence and fearlessness. In less than a year, the same lawyers have turned against him merely because he refuses to be cowed down by their tactics and continues to decide cases on merit, with or without meeting their expectations. Such is the life of a CJI, very lonely and unnerving.&lt;br /&gt;
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==The Five main issues that annoyed the Hon Judges==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/senior-sc-judges-press-conference-five-main-issues-that-annoyed-them/articleshow/62472066.cms     Senior SC judges' press conference: Five main issues that annoyed them | Jan 12, 2018|TIMESOFINDIA.COM]&lt;br /&gt;
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The four senior Supreme Court (SC) judges who called an unprecedented press conference today had grievances to do with the assignment of cases and how the Chief Justice of India Dipak Mishra was handling it. Here are the 5 main issues that annoyed them:&lt;br /&gt;
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1) The four senior judges+ believe that all important cases get heard by CJI-led bench and do not get distributed to other senior judges heading benches.&lt;br /&gt;
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2) The four judges also said there have been instances where cases that have far-reaching consequences for the nation and the judiciary were assigned by the Chief Justice selectively - to benches of their preference - and not based on rationality. &amp;quot;This must be guarded against at all costs,&amp;quot; said the 4 senior SC judges.&lt;br /&gt;
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3) Specifically, the Four judges were annoyed that a public interest litigation seeking a probe into Judge B M Loya's &amp;quot;mysterious&amp;quot; death was assigned to court no. 10 and not to any of the first four benches other than the CJI-led bench.&lt;br /&gt;
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4) The judges further had a simmering grievance about the medical college admissions scam being sent to court no 7 after a Justice Chelameswar headed bench sent it to a five-judge bench of himself, the CJI, himself, and Justices Gogoi, Lokur and Joseph. The medical college admissions scam is to do with the role of sitting and retired judges of high courts in enabling private medical colleges admit students to MBBS courses despite the apex court's order to the contrary.&lt;br /&gt;
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5) The four judges also said that it was wrong on part of CJI to head a small bench and deal with the memorandum of procedure when it was earlier heard by a five-judge bench.&lt;br /&gt;
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===They felt the ‘CJI was being remote-controlled’ ===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F03&amp;amp;entity=Ar00127&amp;amp;sk=4F4A6C0F&amp;amp;mode=text  Dhananjay Mahapatra, December 3, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: &amp;quot;Presser was Justice Chelameswar's idea&amp;quot;.jpg|&amp;quot;Presser was Justice Chelameswar's idea&amp;quot; &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F03&amp;amp;entity=Ar00127&amp;amp;sk=4F4A6C0F&amp;amp;mode=text  Dhananjay Mahapatra, December 3, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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'' ‘Judges With Perceived Bias Given Cases’ ''&lt;br /&gt;
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In a stunning claim, retired Supreme Court judge Kurian Joseph said he and three other most senior SC judges held their muchdiscussed press conference on January 12 as they felt that then CJI Dipak Misra was being controlled from outside and was allocating cases to judges with political bias.&lt;br /&gt;
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In an exclusive interview to TOI, Justice Joseph narrated in detail the turbulent times in the apex court, leading to the unprecedented press conference by him with three most senior judges — Justices Jasti Chelameswar, Ranjan Gogoi and Madan B Lokur. Asked what went wrong within four months of Justice Misra taking over as CJI, Justice Joseph said, “There were several instances of external influences on the working of the Supreme Court relating to allocation of cases to benches headed by select judges and appointment of judges to the Supreme Court and high courts.&lt;br /&gt;
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===’Held presser after all attempts failed’===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F03&amp;amp;entity=Ar01104&amp;amp;sk=92F63973&amp;amp;mode=text  Dhananjay Mahapatra, December 3, 2018: ''The Times of India'']&lt;br /&gt;
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“Someone from outside was controlling the CJI (Dipak Misra), that is what we felt. So we met him, asked him, wrote to him to maintain independence and majesty of the Supreme Court. When all attempts failed, we decided to hold a press conference,” former Supreme Court judge Kurian Joseph told TOI in an exclusive interview.&lt;br /&gt;
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Asked to elaborate on the “external influence”, Justice Joseph said, “Starkly perceptible signs of influence with regard to allocation of cases to different benches selectively, to select judges who were perceived to be politically biased.”&lt;br /&gt;
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Asked whether it was a unanimous decision to go for the press conference, he said, “Justice Chelameswar was the initiator of the idea of press conference. But we three agreed with him.”&lt;br /&gt;
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At the headline-hogging Press conference, the rebel judges questioned the functioning of then CJI Misra, including allocation of hearing of a petition seeking probe into the alleged suspicious death of judicial officer B H Loya to a bench headed by Justice Arun Mishra, who later recused from the case after a showdown with Justice Chelameswar at the routine morning meeting of SC judges on January 13.&lt;br /&gt;
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The presser and allegations of the then CJI getting cosy with the establishment were cited as grounds in the motion moved by Congressled opposition parties in the Rajya Sabha seeking Justice Misra’s removal. The notice for the motion was rejected by Rajya Sabha chairman M Venkaiah Naidu for lack of any convincing grounds.&lt;br /&gt;
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Born in a family with modest means, Justice Joseph persevered to rise in his profession, reaching the number three spot in the SC. His father was a clerk in the Kerala high court, where he started his practice in 1979 at the age of 26. He was appointed additional advocate general of Kerala in 1994 and was designated a senior advocate in 1996.&lt;br /&gt;
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“It was a proud moment for me when I took oath as a judge of the Kerala HC in 2000, the HC where my father had worked as a clerk. His meagre income was insufficient to run a large household comprising seven children. I used to go to school barefoot and got my first slippers when I was in Class 7,” he said.&lt;br /&gt;
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A deeply spiritual person, Justice Joseph believes that dispensing justice is a constitutional duty where compassion holds the balance. In his tenure of five years and eight months, he disposed of 8,612 cases and wrote over 1,000 detailed judgments.&lt;br /&gt;
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His prayer before deciding cases would humble the most knowledgeable, “I always had the same prayer on my lips when I heard a case: ‘God, let justice not be denied to a deserving person only because of my lack of knowledge or inadequate preparation on my part. And give me wisdom to discern justice in the case’.” Justice Joseph said he read each and every case file and his law clerks were utilised only for research purposes.&lt;br /&gt;
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==Allahabad HC, Devi Dayal case, 1959: CJ’s right to assign cases==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F22&amp;amp;entity=Ar02105&amp;amp;sk=8E903F63&amp;amp;mode=text  Dhananjay Mahapatra, SC may see transparency, but judiciary will pay price for presser, January 22, 2018: ''The Times of India'']&lt;br /&gt;
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No greater damage can be caused to the administration of justice and to the confidence of people in judicial institutions when judges of the higher courts publicly express lack of faith in the subordinate judges,” the Supreme Court had said more than two decades ago in Braj Kishore Thakur case [1997 (4) SCC 65]. The SC was commenting at the diatribe of an HC judge that a certain trial court judge did not have proper knowledge of law.&lt;br /&gt;
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Imagine the catastrophic damage to people’s faith in judiciary and administration of justice when four seniormost judges of the SC in a coup-like fashion engineered a tweet inviting the media to a certain judge’s residence, slipped out of the SC at noon on a busy Friday and stunned the world by holding a press conference expressing no confidence in the fairness of the Chief Justice of India in assigning sensitive cases of national importance. They alleged that these always went to hand-picked benches headed by junior judges. At the same time, they acknowledge that all judges in the SC were equal, hence no seniorjunior divide.&lt;br /&gt;
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Since 1950, various constitutional courts have frowned at litigants, lawyers and judges attempting to assign cases to a particular judge or bench. The Allahabad HC in Devi Dayal case [AIR 1959 Allahabad 421] had said, “It is only the chief justice who has the right and the power to decide which judge is to sit alone and which cases such judge can decide; further, it is again for the CJ to determine which judges shall constitute a division bench and what work those benches will do... It is for the CJ to allot work to judges and judges can do only such work as is allotted to them.” It went on to say that an order passed by a judge or a bench in a case would not be appropriate if that case had not been assigned to that judge or bench by the chief justice.&lt;br /&gt;
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The Allahabad HC ruling has been the signature tune of higher courts for the last six decades. In Narayan Shamrao Puranik case [AIR 1982 SC 1198], the SC had said, “The chief justice is the master of the roster. He has full power, authority and jurisdiction in the matter of allocation of business of the HC.” The CJ had this power not only as per rules but it “inheres in him in the very nature of things”.&lt;br /&gt;
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A full bench of Madras HC in 1991 in Mayavaram Financial Corporation Ltd had said, “The chief justice has the inherent power to allocate the judicial business of the high court including who of the judges should sit alone and who should constitute the bench of two or more judges. No litigant shall have a right to question jurisdiction of judges or the judge hearing the case. No person can claim as a matter of right that his petition be heard by a single judge or a division bench or a particular judge or a particular division bench. No judge or bench will assume jurisdiction unless the case is allotted to them under the orders of the CJ.”&lt;br /&gt;
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So, is the CJI’s decision to assign petitions on CBI special judge B H Loya’s death to a bench headed by a junior judge the real trigger for the unprecedented press conference? Or, was there more to it than meets the eye? Was the rebellion fuelled by personal ambitions of a certain someone? Or were there lawyerpoliticians who conspired to scuttle the exclusive prerogative of the CJI in assigning cases? Could it also be because the CJI appeared to expedite hearing in a seven year-old appeal in a certain 70-year-old ‘sensitive’ litigation brushing aside feverish and persistent pleas of lawyer-politicians to post it to July 2019? Did certain lawyers act as catalysts for the eruption in the press conference? Why did a lawyer who represents a petitioner in the Loya case attend the press conference and get closeted with the judge at whose house the presser was held? It is hard to lift the veil on the real cause behind the press conference.&lt;br /&gt;
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Sitting atop a pyramidal three-tier justice delivery system, the SC has been serving as the final arbiter of all kinds of disputes — political, social, economic and personal. By the very nature of judicial decisions, most often only one party to the dispute emerges victorious in a litigation. With stakes running high in cases, especially in commercial and public interest litigations which with time have become more and more political interest litigations, the lawyers seek an escape route for their failure in the SC by pushing the blame at ‘bad assigning’ of the case.&lt;br /&gt;
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In the age of free speech, dissent and accusations spread faster than plague on social networks. If one praises a certain judge, he will be branded a stooge and social media will register hundreds of likes from people who have no knowledge either about&lt;br /&gt;
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the person being targeted or the judge. Rumours travel faster than electricity and easily get accepted as ‘fact’ on social media. Take for example, an invitation extended to the media by the NALSA executive chairman, a very senior SC judge, to explain the help it is going to render to lakhs of poor litigants in the hinterland through legal clinics. Despite 24 hours notice, only a few journalists, mostly those who cover the apex court daily, turned up. In contrast, just a tweet went out hinting about the press conference of four senior judges barely half an hour before the event. It attracted swarms of print and electronic media journalists, including eminent ones who seldom cover courts.&lt;br /&gt;
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A seasoned politician would have been surprised by the media response at such short notice.&lt;br /&gt;
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The press conference’s attempt to demolish the unitary command structure of the CJI for assignment of cases appears to herald a coalition era in the SC and possibly would percolate to HCs. In the coalition era on the political front, a government, holding reins of power through a slender majority, was dependent on every single MP. This allowed each MP to have his coterie comprising intellectuals, journalists and activists. Thus, in the coalition era, a lot of people were happy as it served their personal ambitions and interests. In a single party government, there is a drastic reduction in the number of key MPs, which in turn shrinks the population of those thriving on patronage in these three tribes.&lt;br /&gt;
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Is judiciary going to see a similar coalition era after the press conference, when not only judges but lawyers, especially the activists and the brazenly belligerent ones, will have a say in deciding which judge should hear which case? Though the press conference might just be the bitter dose required for ushering in transparency in assigning of cases to benches, it has set a precedent for other judges.&lt;br /&gt;
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They now have the licence to hold a press conference whenever they feel the CJI, an HC CJ or any judge is doing anything wrong, even on a wrong perception.&lt;br /&gt;
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The press conference’s attempt to demolish the unitary command structure of the Chief Justice of India for the assignment of cases appears to herald a coalition era in the apex court and possibly would percolate to the high courts&lt;br /&gt;
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==Retired judges', AG's and lawyers' reactions==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/turmoil-in-supreme-court-top-developments/articleshow/62475813.cms     Turmoil in Supreme Court: Top developments|   Jan 12, 2018 | TIMESOFINDIA.COM]&lt;br /&gt;
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In what could be seen as possible damage control, ''' Attorney General ''' KK Venugopal hinted to ANI that the turmoil could be resolved by [the next day], even as he stressed that the press conference &amp;quot;could have been avoided.&amp;quot;&lt;br /&gt;
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&amp;quot;Today's press conference could have been avoided, but the Supreme Court judges are all statesman with vast experience and knowledge, and I am sure by tomorrow, the entire issue would be &lt;br /&gt;
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Sources in the government told news agency PTI that the conflict was an &amp;quot;internal&amp;quot; matter of the judiciary. This may reflect the ''' government's reluctance to interfere ''' &lt;br /&gt;
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Government sources, however, added that the apex court should settle the issue at the earliest as the faith of the people in the judiciary is at stake&lt;br /&gt;
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[http://www.indpaedia.com/ind/index.php/Supreme_Court:_India#.E2.80.98The_integrity_of_the_institution.E2.80.99    Supreme Court judges' press conference: Other judges' and lawyers' reactions | Jan 12, 2018 | TIMESOFINDIA.COM]&lt;br /&gt;
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Highlights&lt;br /&gt;
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Four senior Supreme Court (SC) judges today called an unprecedented press conference today acknowledged that what they were doing - in speaking to the media - was highly unusual. &amp;quot;This is an extraordinary event and it is with no pleasure we are doing this...We are left with no choice but to address the nation,&amp;quot; said Justice Chelameswar. Here is what other lawyers and some former SC lawyers have to say about that:&lt;br /&gt;
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* PB Sawant, former Supreme Court judge: Judges had to come before media &amp;amp; take this unprecedented step. This means that there is a serious dispute, either with CJI or some internal dispute.&lt;br /&gt;
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* Justice R.S. Sodhi: Issues don't matter. It is their complaint on administrative matter. They are only 4, there are 23 others. 4 get together and show the Chief Justice in a poor light. It is immature and childish behaviour. I think all 4 judges should be impeached, they have no business to sit there and deliver verdicts anymore.&lt;br /&gt;
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*Mukul Mudgal, retired high court judge: There must be some serious reason that they were left with no other option but to hold a press conference. But what connection does Loya have with this? I know nothing about this and I don't want to make comments about any political matter&lt;br /&gt;
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* Indira Jaising, Supreme Court advocate: I think it's a historic Press Conference. It was very well done. I think we, the people of India, have a right to know what is going on within the judiciary and I welcome this.&lt;br /&gt;
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* Salman Khurshid, senior advocate and Congress leader: Deeply sad and pained, also feel a sense of agony that the highest court of the land should come under such severe stress that forces judges to address the media.&lt;br /&gt;
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* Prashant Bhushan, lawyer and politician: It is certainly a very serious development which has cast a huge shadow on the Chief Justice. Somebody had to confront the situation, where CJI is blatantly misusing his powers, hence the unprecedented step (by the 4 judges).&lt;br /&gt;
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*Senior lawyer KTS Tulsi: I am sure they (four judges) have exhausted all other remedies. One could see pain on their faces while they were speaking. The whole matter is with respect to judicial propriety. The question is of natural justice. Whatever is the law for common man, it is applied much more rigorously as far as judges are concerned because they must always be above suspicion&lt;br /&gt;
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* BJP MP Subramanian Swamy: We can't criticize them, they are men of great integrity and have sacrificed a lot of their legal career, where they could've made money as senior counsels. We must respect them. The PM must ensure that the 4 judges and the CJI, in fact, the whole SC come to one opinion and proceed further.&lt;br /&gt;
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(With inputs from agencies)&lt;br /&gt;
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== Lawyer-politicians fanned the flames==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F03%2F05&amp;amp;entity=Ar01100&amp;amp;sk=3A9E7559&amp;amp;mode=text  Dhananjay Mahapatra, Lawyer-politicians ran with hares and hunted with the hounds after Jan 12 presser, March 5, 2018: ''The Times of India'']&lt;br /&gt;
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The unprecedented press conference by four seniormost Supreme Court judges on January 12 shattered the calm exterior of the judiciary. Most of the four wanted to “discharge their debt to the nation” by informing the public about the “anomalous” administrative decisions of the Chief Justice of India.&lt;br /&gt;
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They were naive to assume that their going public would force a course correction in the CJI’s administrative decisions, which included assigning of cases to benches headed by “junior” judges. After watching the unfolding events from close quarters, one is sure they would not have imagined that a simple “debt discharging” press conference would inflict a deep wound on judicial independence, invite political interference and, worse, allow lawyer-politicians to adopt a “run with the hare and hunt with the hounds” strategy to attempt to pressurise the CJI.&lt;br /&gt;
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The four judges candidly said that allocation of petitions seeking a probe into judicial officer B H Loya’s death to a “junior SC judge” was the tripping point.&lt;br /&gt;
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In reality, it was the personal perception about handling of the medical scam case, coupled with a judge’s unflagging ambition to achieve the unattainable, which fuelled the rebellion.&lt;br /&gt;
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Lawyer-politicians seized the opportunity and added two more cases — one, sudden activation of a dormant Ayodhya case on the request of BJP leader Subramanian Swamy and second, reopening of 1984 anti-Sikh riot cases by appointment of a committee headed by former Delhi HC judge S N Dhingra — to target the CJI.&lt;br /&gt;
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On the political front, these lawyer-politicians kept the CJI on tenterhooks by strongly lobbying with their party bosses to initiate a motion for the CJI’s removal. In court, they seamlessly slipped into black robes and smilingly argued before the bench seeking relief in politically sensitive cases.&lt;br /&gt;
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The SC had not experienced the machinations of such lawyer-politicians when it said in C Ravichandran Iyer case [1995 (5) SCC 457], “The judges of higher echelons should not be mere men of clay with all the frailties and foibles, human failings and weak character which may be found in those in other walks of life.&lt;br /&gt;
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They should be men of fighting faith with tough fibre not susceptible to any pressure — economic, political or any sort.”&lt;br /&gt;
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It is easy to say that judges must be of tougher material than lawyers, the community from which they are mostly drawn. But a threat to bring removal motion against a judge as a sinister design to make him cower in fear of ignominy has its effect on a man who also lives within society’s bounds.&lt;br /&gt;
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While lawyer-politicians attempted to reap advantage in important cases having political ramifications by attempting to subdue the CJI, the executive too found the fluid situation a fertile ground to undermine judicial independence. Though mercifully it did not interfere in the internal impasse, it definitely took advantage of lack of unity within the collegium to stall appointment of SC and HC judges.&lt;br /&gt;
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So, what did the press conference achieve? It is doubtful whether the grievance about allocation of cases to “junior” judges has been addressed. But surely, it opened the field for political and executive interference in judiciary? In 1995, two bar associations of Bombay (now Mumbai) passed resolutions demanding resignation of then Chief Justice of Bombay HC A M Bhattacharjee, alleging that an astronomical amount was paid by a foreign publisher to market two books authored by him abroad and that this could influence the CJ’s judicial decisions given the lawyers involved in striking the deal. This issue was brought before the SC by one Ravichandran Iyer. The SC had said that except Parliament dealing with a removal motion, “no other forum or fora or platform is available for discussion of the conduct of a judge in the discharge of his duties as a judge of the SC or HC, much less a bar council or a group of practising advocates. They are prohibited to discuss the conduct of a judge in the discharge of his duties or pass any resolution in that behalf ”.&lt;br /&gt;
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Referring to the “extraordinary complexity of modern litigation”, the SC had in the same judgment said, “The independence of judiciary is not limited only to independence from executive pressure or influence, it is a wider concept which takes within its sweep independence from any other pressure and prejudices. It has many dimensions, viz, fearlessness of other power centres, economic and political, freedom from prejudices acquired and nourished by the class to which the judge belongs.”&lt;br /&gt;
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The SC also talked about judicial individualism. It said every judge in constitutional courts enjoyed individual freedom and peers could not exert pressure to make him act in a charted manner.&lt;br /&gt;
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To buttress this argument, the SC had quoted the dissenting opinion of two US Supreme Court judges in the 1970 case ‘Stephen S Chandler vs Judicial Council of the Tenth Circuit of the US’.&lt;br /&gt;
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The dissenting judgment said, “Once a federal judge is confirmed by the Senate and takes his oath, he is independent of every other judge. He commonly works with other federal judges who are likewise sovereign. But neither one alone nor any number banded together can act as censor and place sanctions on him... Some judges may be displeasing to those who walk in more measured, conservative steps but those idiosyncrasies can be of no possible constitutional concern to other federal judges.” It is time SC and HC judges took stock of the fallout of the presser and put heads together to devise ways and means to ward off political, executive and economic powers ever so eager to exert influence on the judiciary, undermining the cardinality of judicial independence.&lt;br /&gt;
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==Differences first erupted over medical scam PIL==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/simmering-differences-in-supreme-court-had-first-erupted-over-medical-scam-pil/articleshow/62480997.cms  Dhananjay Mahapatra, January 13, 2018: ''The Times of India'']&lt;br /&gt;
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''Simmering differences in Supreme Court had first erupted over medical scam PIL''&lt;br /&gt;
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NEW DELHI: The closing of ranks in the judiciary, witnessed in the National Judicial Appointments Commission (NJAC) case three years ago when the Supreme Court (SC) revived the collegium system for the selection of judges to constitutional courts, lay in tatters on Friday when the simmering discontent among the top five SC judges burst out in the open. &lt;br /&gt;
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'''How cases are allocated in Supreme Court '''&lt;br /&gt;
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The immediate trigger for the unprecedented press conference by the four most senior judges — Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph — may have been CJI Dipak Misra's refusal to accede to their request to delete the PIL seeking a probe into CBI judge B M Loya's death from the list of business before court number 10 but the discontent over not being assigned important cases that get space in newspapers and TV channels was simmering for a long time, even before Misra took over the top post in August last year. &lt;br /&gt;
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Justice Chelameswar had protested against the manner in which the collegium functioned and even kept away from its meetings while deciding to put written comments on file for the selection of judges of the SC and HCs during the tenure of then CJI T S Thakur and continued with his stand during CJI H S Khehar's term. However, he had joined collegium meetings during CJI Misra's term. &lt;br /&gt;
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'''What the rift in SC is about '''&lt;br /&gt;
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The first of the major differences between Justice Chelameswar and CJI Misra surfaced in public when a PIL filed by the Committee for Judicial Accountability and Reforms alleging judges' involvement in a medical scam was mentioned for urgent hearing before a bench headed by Justice Chelameswar in December last year. Justice Chelameswar put it up for hearing the next day. But, as is the practice in the SC, the petition got referred to the CJI as the master of roster and he assigned it to a bench headed by Justice A K Sikri. &lt;br /&gt;
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But before the Justice Sikri-led bench could hear it the next day, another petition by advocate Kamini Jaiswal, which was identical to the one filed by the NGO, was mentioned for hearing before the bench headed by Justice Chelameswar with a prayer for urgent hearing. Justice Chelameswar ordered a hearing on the petition at 12.45pm and passed an order placing the petition before a five-judge bench comprising the CJI and the next four most senior judges. &lt;br /&gt;
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As veiled allegations were made against the CJI, with the petitioner's counsel mentioning the arrest of a former Orissa HC judge by the CBI for allegedly taking a bribe to fix a case relating to a medical college, the petition drew massive attention. The other bench headed by Justice Sikri ordered the matter to be placed before the CJI for hearing before an appropriate bench. &lt;br /&gt;
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With Justice Chelameswar virtually taking over the function of the CJI in assigning the petition to a Constitution bench, the CJI hurriedly convened a seven-judge bench, which, within minutes, got reduced to a five-judge bench, and a decision came swiftly that no judge other than the CJI can assign a petition to a particular bench as the CJI is the master of the roster. It annulled Justice Chelameswar's order and assigned the petition by Jaiswal to a bench of Justices R K Agrawal, Arun Mishra and A M Khanwilkar, who are no. 8, 10 and 17, respectively, in the hierarchy. &lt;br /&gt;
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Privately, the senior judges shared their anguish over the CJI not reposing trust in any of them with important cases. Later, the non-assigning of important cases to them, culminating with the petition on Loya's death, triggered the public outburst.&lt;br /&gt;
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==Trigger: Denial of senior bench for PIL on Judge Loya’s death==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar00312&amp;amp;sk=E2D6984D&amp;amp;mode=text  Dhananjay Mahapatra, Final trigger: Rejection of demand for senior bench to hear PIL on judge death, January 13, 2018: ''The Times of India'']&lt;br /&gt;
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New Delhi: The final trigger for the stunning press conference by the four seniormost judges of the Supreme Court came at 10.15am on Friday — just 15 minutes before commencement of proceedings — when&lt;br /&gt;
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Chief Justice Dipak Misra bluntly turned down their last-minute request to shift a politically sensitive case from a particular apex court bench.&lt;br /&gt;
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The CJI made it clear that he would not break tradition, backed by a recent five-judge bench decision giving him sole discretion to assign cases to benches of his choice.&lt;br /&gt;
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On Thursday, a CJI-led bench had admitted a public interest litigation (PIL) seeking a probe into the death of B H Loya, who as special CBI judge was hearing the case of gangster Sohrabuddin Sheikh’s “fake” encounter.&lt;br /&gt;
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The four judges — all members of the crucial collegium by virtue of being No. 2 to No. 5 in seniority — thought that a matter of importance to the integrity of the judiciary and to the nation should be assigned to a bench headed by a judge who was more senior than Justice Arun Mishra, who is 10th in the pecking order of the 25 Supreme Court judges.&lt;br /&gt;
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With the CJI refusing to heed the demand, the rebellious quartet hurriedly called the media at noon after quickly completing the day’s work.&lt;br /&gt;
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Loya died in Nagpur on December 1, 2014. The CBI court subsequently acquitted BJP president Amit Shah, who was among the accused, along with a few others.&lt;br /&gt;
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Supreme Court sources said Misra’s decision was backed by the November 2017 verdict saying the CJI was “master of the roster” and was free to assign cases to any bench and determine the number and composition of judges on a bench.&lt;br /&gt;
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Disappointed by the rejection of their request, the four judges told CJI Misra that they would act as they deemed fit. All four, heading separate benches from court numbers 2 to 5, finished their day’s work within one-and-ahalf hours and rushed to Justice Chelameswar’s house for a press conference which started at 12.20 pm.&lt;br /&gt;
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The CJI’s office said the chief justice has made it clear that he would not break with tradition giving him sole discretion to assign cases to benches of his choice.&lt;br /&gt;
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'''CJI’s office uses rebels’ quote, asks if all are equal, what is the fight'''&lt;br /&gt;
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Cases have been assigned by ex-CJIs — Justices H L Dattu, T S Thakur, J S Khehar — as per their discretion and the present CJI is not doing anything that is contrary to the tradition backed by the constitution bench ruling, sources in the CJI’s office said.&lt;br /&gt;
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This assertion by the CJI’s office found reflection in the letter written by the four seniormost judges to the CJI two months ago. It had said: “There have been instances where cases having far-reaching consequences for the nation and the institution had been assigned by the Chief Justices of this Court selectively to the benches ‘of their preference’ without any rationale basis for such assignment. This must be guarded against at all costs”.&lt;br /&gt;
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The letter also said: “The convention of recognising the privilege of the CJI to form roster and assign cases to different members/benches of the SC is a convention devised for disciplined and efficient transaction of business of the court but not a recognition of any superior authority, legal or factual of the CJI over his colleagues. It is too well settled in the jurisprudence of this country that the CJI is only the first among equals — nothing more or nothing less.”&lt;br /&gt;
&lt;br /&gt;
The CJI’s office used this quote and said if these most senior judges were equal to the so-called junior judges in the court, then “what is the grievance against a case getting listed before judge X or judge Y?”&lt;br /&gt;
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==‘Super sensitive’ cases that went to junior SC judges: 1997-2017==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F15&amp;amp;entity=Ar00302&amp;amp;sk=9A55AF0D&amp;amp;mode=text  Dhananjay Mahapatra, January 15, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: 1997-2017-  15 ‘super sensitive’ cases that went to junior SC judges.jpg|1997-2017-  15 ‘super sensitive’ cases that went to junior SC judges &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F15&amp;amp;entity=Ar00302&amp;amp;sk=9A55AF0D&amp;amp;mode=text  Dhananjay Mahapatra, January 15, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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'''See graphic''':&lt;br /&gt;
&lt;br /&gt;
''1997-2017-  15 ‘super sensitive’ cases that went to junior SC judges''&lt;br /&gt;
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[''15 ‘super sensitive’ cases in past 20 years went to junior SC judges'''&lt;br /&gt;
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The dramatic press conference by the four seniormost Supreme Court judges to allege that sensitive and important cases were being assigned to “select benches” headed by junior SC judges in the last few months — a charge intended to target Chief Justice Dipak Misra — appears contrary to the way in which such cases have been allotted in the past 20 years.&lt;br /&gt;
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TOI tracked the most ‘sensitive cases of national importance’ in the last two decades. Of them, at least 15 — including those relating to the Bofors scam, Rajiv Gandhi’s assassination, L K Advani’s trial in the Babri Masjid demolition case, the Sohrabuddin Sheikh fake encounter, Best Bakery and the case that changed how BCCI is run — all have one thing in common. They were assigned by the then CJIs not to any of the four seniormost judges of the SC but to ‘select benches’ headed by junior judges.&lt;br /&gt;
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There is little evidence to suggest that seniority of judges is a criterion for allocation of cases, as was suggested by the quartet of Justices J Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph in their letter to the CJI. The manner in which successive CJIs have assigned cases points to a more random selection of benches.&lt;br /&gt;
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Though the dissenting judges did not mention particular cases, apart from confirming that the case of Judge B H Loya was one, the view that “less senior” benches are not as competent does not seem to have been shared by past CJIs.&lt;br /&gt;
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'''Rajiv murder case was assigned to three junior Supreme Court judges'''&lt;br /&gt;
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Some legal experts have argued that the argument raised by the senior SC judges casts a shadow over the independence of other benches and this requires some supportive evidence. Other opinion has held that there is merit in the charges of ‘bench fixing’ levelled by the senior judges and requires a response by the CJI who has held that the roster is his domain as has been the case in the past. Those who disagree with the rebel judges point out that the suggestion that an effort to discreetly &amp;quot;help&amp;quot; the government in cases that might embarrass it needs to be backed up or could be seen as a means to pressure benches hearing various cases.&lt;br /&gt;
&lt;br /&gt;
The first of the important cases tracked by TOI relates to appeals filed in 1998 by Nalini and others challenging their conviction and death sentence in the Rajiv Gandhi assassination case. At that point of time, it was the most high profile case in the country. But the then CJI assigned it to three junior judges — K T Thomas, D P Wadhawa and S S M Qadri who sat in courts much farther than those headed by the fifth seniormost SC judge. No questions were raised over selection.&lt;br /&gt;
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In 1999, the CBI filed a new chargesheet in the Bofors case, making stunning allegations. NRI industrialist brothers Srichand and Gopichand Hinduja were made accused. The trial court refused bail. When they came to the SC seeking bail, the then CJI assigned it to court number 8, headed by junior judge M B Shah. They got bail by putting Rs 15 crore bonds. This was not regarded as 'bench fixing' by the then CJI.&lt;br /&gt;
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Advocate Lily Thomas filed a writ petition in 2005 seeking disqualification of MPs and MLAs upon their conviction and sentence for two or more years. Elected representatives were used to holding on to their memberships in Parliament and assemblies by filing an appeal. This game changing petition was assigned by the then CJI to court number 9, which was headed by Justice A K Patnaik, then a junior judge.&lt;br /&gt;
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The Best Bakery case came to SC in 2004 through a writ petition filed by Zahira Habibullah Sheikh. The Gujarat riots case, which earned the then Gujarat government the tag of 'modern day Nero', was handled by then junior judge Justice Arijit Pasayat sitting in court number 11.&lt;br /&gt;
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Rubabuddin Sheikh, brother of Sohrabuddin who was killed in a fake encounter, filed a writ petition in 2007. The case, which turned out to be politically crucial for Amit Shah and Gujarat police, was assigned to a bench sitting in court number 11 headed by Justice Tarun Chatterjee, one of the junior most SC judges at that time. Orders from the court created trouble for BJP and its leadership in Gujarat and did not attract any comment from activist lawyers about possible 'bench fixing'.&lt;br /&gt;
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In 2009, renowned advocate Ram Jethmalani launched a crusade against black money by filing a petition in the SC. The case, which became an election issue in 2014, was handled by court number 9 and by a bench of then 'junior judges' Justices B Sudershan Reddy and S S Nijjar. A year later in 2010, an NGO led by advocate Prashant Bhushan brought the case relating to alleged irregular allotment of 2G spectrum and the then CJI assigned it to court number 11 of Justices G S Singhvi and A K Ganguly. No one can fault the way they handled the case despite being juniors.&lt;br /&gt;
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The same year, the Delhi HC gave a landmark judgment decriminalising consensual sexual relationship in private between adults of LGBTQ community. The appeal by one Suresh Kumar Kaushal in the SC was assigned by to court number 11where a bench headed by Justice G S Singhvi heard it for the first time.&lt;br /&gt;
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In 2011, the CBI filed an appeal, after much dithering, questioning the Allahabad HC decision to drop conspiracy charge against L K Advani and a host of BJP stalwarts in the Babri masji demolition case. In March 4, 2011, the case was heard in court 8 by a bench of Justices V S Sirpurkar and T S Thakur. The bench changed to Justices H L Dattu and Chandramauli Prasad in court 11, then to court number 9 of Justices M Y Eqbal and Arun Mishra in 2016. It passed on to court number 6 of Justices P C Ghose and R F Nariman which gave judgment on April 19 last year reviving the conspiracy charge.&lt;br /&gt;
&lt;br /&gt;
In 2012, four explosive PILs were filed — irregular allotment of coal blocks that came close to singe then PM Manmohan Singh, validity of Aadhaar, validity of 66A of Information Technology Act and an alleged sexual assault case against Rahul Gandhi. The coal scam petition by advocate M L Sharma was assigned to a bench headed by Justice R M Lodha sitting in court number 7.&lt;br /&gt;
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The petition challenging the validity of Aadhaar was the only exception to the general rule as it was assigned to court number 5, headed by Justice B S Chauhan. Still the judges with seniority at two, three and four could harbour a grievance why it was not assigned to them by the CJI.&lt;br /&gt;
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An appeal filed by one Kishore Samrite presented a judgment passed by Allahabad HC, which had dismissed Samrite's petition with a cost of Rs 50 lakh, of which Rs 20 lakh was to be given to Rahul Gandhi. The then CJI assigned this to a bench of Justices V S Sirpurkar and T S Thakur in court number 8 and then changed the bench to Justices B S Chauhan and Swatanter Kumar, which dismissed it with a cost of Rs 5 lakh on Samrite.&lt;br /&gt;
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==Seniority is a sacred principle for judges==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01400&amp;amp;sk=6135F966&amp;amp;mode=text  Dhananjay Mahapatra, January 13, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: The numbering and organisation of the Supreme Court of India’s (upto) twelve counts, and the allotment of work to them.jpg|The numbering and organisation of the Supreme Court of India’s (upto) twelve counts, and the allotment of work to them &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01400&amp;amp;sk=6135F966&amp;amp;mode=text  Dhananjay Mahapatra, January 13, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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New Delhi: Seniority is a sensitive issue for high court judges — being the determinant of their career prospects, be it possible appointment as chief justice of an HC, elevation to the Supreme Court and, for the lucky ones, appointment as Chief Justice of India.&lt;br /&gt;
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Though there have been many instances in the past when HC judges were elevated directly to the SC as judges without becoming chief justices of HCs, the principle of seniority continues to be treated with utmost reverence.&lt;br /&gt;
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A judge in the SC gets seniority from the time he takes oath. If more than one take oath on the same day, the one who is sworn in first becomes the senior among them.&lt;br /&gt;
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In case of Justice Jasti Chelameswar, one of the prime movers in the revolt against CJI Dipak Misra on Friday, it was non-adherence to seniority in elevation to the SC as a judge that robbed him of the chance of becoming the CJI.&lt;br /&gt;
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Justice Chelameswar was appointed as an HC judge on June 23, 1997, which was after the appointment of CJI Misra and his immediate predecessor Justice J S Khehar. Justice Misra was appointed as an HC judge on January 17, 1996 while Justice Khehar was appointed on February 8, 1999. But Justice Chelameswar became chief justice of Gauhati HC on May 3, 2007, much before Justice Khehar (November 29, 2009) and Justice Misra (December 23, 2009).&lt;br /&gt;
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However, Justice Chelameswar’s seniority advantage of more than two years over Justices Khehar and Misra was nullified by the then collegium, which appointed Justice Khehar as an SC judge on September 13, 2011, nearly a month before Justices Misra and Chelameswar took oath on October 10, 2011.&lt;br /&gt;
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Fate again played played a trick with Justice Chelameswar as he took oath after Justice Misra, the latter, thus, becoming senior to him.&lt;br /&gt;
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If seniority had taken its course, Justice Chelameswar would have taken over CJI on January 4, 2017 after the retirement of then CJI T S Thakur; ie, before even Justice Khehar, who was succeeded by Justice Misra on August 28, 2017.&lt;br /&gt;
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With the collegium, along with destiny, deciding otherwise, Justice Chelameswar has never refrained from articulating his gripe about the games played in the collegium as it selects people as judges of the SC and HCs. He had put this angst on record in his dissenting judgment as part of the five-judge bench, which by majority had quashed the NJAC which was meant to end collegium’s monopoly in the appointment of judges of HCs and SC .&lt;br /&gt;
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Quoting former SC judge Ruma Pal Justice Chelameswar had said that the collegium acted like a coterie, and that there was a barter system among member judges.&lt;br /&gt;
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Seniority carries other benefits too, especially the privilege of appointing judges of the SC and HCs. The first three SC judges, including the CJI, get to select persons for appointment as judges of HCs. The privilege of appointing chief justices belongs to the five seniormost judges who comprise the collegium. The CJIheaded body also selects persons from among advocates, HC judges and HC CJs for appointment as SC judges. This earns the top five enormous respect among advocates and HC judges.&lt;br /&gt;
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=Judges’, including CJI’s, inter se seniority, authority=&lt;br /&gt;
==2018: ‘No Senior/ Junior Judges; CJI ‘ first among equals’, s/he alone can assign cases==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F04%2F12&amp;amp;entity=Ar00300&amp;amp;sk=59D30F83&amp;amp;mode=text  Dhananjay Mahapatra, SC: CJI ‘ first among equals’, alone entitled to assign cases, April 12, 2018: ''The Times of India'']&lt;br /&gt;
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''No Senior Or Junior Judges, Top Court Says''&lt;br /&gt;
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The Supreme Court ruled that there was no concept of “senior” or “junior” SC judges as all were equally competent to decide any case allotted to them by the Chief Justice of India, who alone had the power to constitute benches and assign cases.&lt;br /&gt;
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Dismissing a PIL filed by advocate Ashok Pande demanding that the CJI-headed three-judge bench must have the two other most senior judges on it, a bench of CJI Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said it was unimpeachably ruled earlier by a fivejudge bench that the CJI was the master of the roster and had the sole discretion of deciding the composition of benches and assigning cases.&lt;br /&gt;
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At an unprecedented press conference on January 12, four senior judges led by Justice J Chelameswar had specifically complained against the allocation of a petition relating to judicial officer B H Loya’s death to a bench headed by a “junior” judge while questioning the CJI’s alleged arbitrary allocation of important cases to benches headed by “select junior” judges.&lt;br /&gt;
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Writing the unanimous judgment that appeared to be a point-by-point rebuttal to the judges’ grievances aired in the press conference and Justice Chelameswar’s subsequent interaction with the media, Justice Chandrachud said the Chief Justice of India was the first among equals (judges) and had “exclusive prerogative in the allocation of cases and the constitution of benches”. He added, “As a repository of constitutional trust, the CJI is an institution in himself.”&lt;br /&gt;
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'''Chief justices of HCs to decide allocation of cases: SC'''&lt;br /&gt;
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Justice Chandrachud said: “The authority which is conferred upon the CJI, it must be remembered, is vested in a high constitutional functionary. The authority is entrusted to the CJI because such an entrustment of functions is necessary for the efficient transaction of the administrative and judicial work of the SC.”&lt;br /&gt;
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“The entrustment of functions to the CJI as the head of the institution is with the purpose of securing the position of the SC as an independent safeguard for the preservation of personal liberty. There cannot be a presumption of mistrust. The oath of office demands nothing less.”&lt;br /&gt;
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Slamming the petitioner’s attempt to classify Supreme Court judges as “senior” and “junior” according to the date of their taking oath in the apex court, Justice Chandrachud said, “Every judge appointed to the SC is invested with equal duty of adjudicating cases which come to the court and are assigned by the CJI. Seniority in terms of appointment has no bearing on which cases a judge should hear.&lt;br /&gt;
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“To suggest that any judge would be more capable of deciding particular cases or that certain categories of cases should be assigned only to the senior-most among SC judges has no foundation in principle or precedent. To hold otherwise would be to cast reflection on the competence and ability of other judges to deal with all cases assigned by the CJI, notwithstanding the fact that they have fulfilled the qualification mandated by the Constitution for appointment to the office.”&lt;br /&gt;
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Another PIL by senior advocate and former law minister Shanti Bhushan, filed through his advocate-son Prashant Bhushan, which sought assigning of cases to the collegium comprising the CJI and the four most senior judges, is pending with the SC. The three-judge bench said, “The Supreme Court has been authorised under Article 145 to frame Rules of Procedure...the petitioner is not entitled to seek a direction that benches of this court should be constituted in a particular manner.”&lt;br /&gt;
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Touching on the functioning of high courts headed by chief justices, the SC said, “In deciding upon the allocation of work and the constitution of benches, the chief justices of HCs have to determine the number of benches which need to be assigned a particular subject matter keeping in view the inflow of work and arrears. The CJs are guided by the need to ensure orderly functioning of the court and the expeditious disposal of cases.”&lt;br /&gt;
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=’Judicial legislation’=&lt;br /&gt;
==Transgressing separation of power between legislature, executive and judiciary?==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=LEGALLY-SPEAKING-Nota-to-quota-SC-had-a-27032017012032  Dhananjay Mahapatra, Nota to quota: SC had a field day in judicial overreach, Mar 27, 2017: The Times of India]&lt;br /&gt;
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In March 2017, members of Parliament cutting across party lines were agitated by the Su preme Court allegedly transgressing the cardinal separation of power between the legislature, the executive and the judiciary . The MPs accused the SC of “overstepping“ its jurisdiction to get into the law-making domain through its judgments.&lt;br /&gt;
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They appear to be still riled by the October 2015 judgment of the SC striking down a unanimously passed legislation creating National Judicial Appointments Commission (NJAC) to replace the `opaque' collegium system for selection of judges. What added fuel to the anger was the SC's decision to entertain a PIL questioning life-long pension and freebies to MPs and MLAs.&lt;br /&gt;
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Law minister Ravi Shankar Prasad attempted to assuage the ruffled feathers by declaring, “Parliament to enact, executive to formulate and judiciary to interpret. In this light, if separation of power principle is binding on all, I am sorry to say that it is equally binding on the judiciary .“&lt;br /&gt;
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Why did the SC transgress the boundary of separation of power and attempt to perform tasks entrusted to the legislature and the executive? Since 1950, the SC has been the sentinel of fundamental rights of citizens, who were many a time ignored by both legislators and the executive. In protecting these precious rights, the SC had to walk the extra mile.&lt;br /&gt;
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'''Remember Vishaka case?'''&lt;br /&gt;
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Though the Constitution had guaranteed equal opportunity to men and women, women had been facing sexual harassment at work place for decades, enduring the depraved acts of male superiors in offices. Lawmakers knew this. But they failed to take steps to legislate and protect women from depraved male colleagues.&lt;br /&gt;
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The SC preferred not to remain silent. It virtually legislated by providing a mechanism for working women to complain against colleagues and bosses if they passed sexist remarks or indulged in sexual harassment. None of the MPs termed this judgment as judicial overreach.&lt;br /&gt;
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And the Shah Bano case? For decades, divorced Muslim women lived a life in penury as there was no provision in Muslim personal law to fasten liability on husbands to provide for maintenance to wives after talaq. The SC craftily used Section 125 of Criminal Procedure Code to step around the vacuum in Muslim personal law and granted alimony to divorced Muslim women. No one protested against this judgment as judicial overreach. In fact, it was hailed as a secular judgment. In a federal structure like ours governed by the principle of separation of powers, it is difficult for the judiciary , tasked to protect the fundamental rights of poor voiceless citizens, to close the doors of relief saying the boundary of separation of power is too high to scale.&lt;br /&gt;
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Take for example the Indra Sawhney case. The SC was hailed as the institution that quelled wild protests by students by ruling in favour of the legislation granting reservation to OBCs, which was over and above the existing quota for SCs and STs. However, it also legislated by capping total quota at 50% of government jobs. The legislators did not mind, as the SC ruling had doused the protests.&lt;br /&gt;
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The SC transgressed the principle of separation of power again in S R Bommai case by severely curtailing the Union government's power under the dreaded Article 356, under which the Centre, till the 1990s, used to topple elected governments in states at will by imposing President's rule. The restrictions on use of Article 356 were termed as an interpretation of the Constitution, even though for an independent analyst it could qualify as legislative exercise by the SC.&lt;br /&gt;
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On the election front too, the SC has legislated many times. In the Association of Democratic Reforms case, it put in a new law making it mandatory for candidates to declare their educational, wealth and criminal details to enable voters to make an informed choice while pushing the EVM button.&lt;br /&gt;
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It also brought in the concept of NOTA, which gave the voter the option of declaring that none of the contesting candidates was worthy of his vote. In addition, the SC also legislated by declaring that an elected representative, who has been convicted and sentenced in such a manner to earn disqualification, cannot continue as a member of the House concerned by merely filing an appeal against the conviction and sentence in a higher court.&lt;br /&gt;
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No one protested against it as public sentiment, given the abuse of position by some elected representatives, was in favour of the judgment.Parliamentarians have a right to criticise the SC, for it is manned by human beings who are not infallible. But they should always keep in mind what the SC said in S P Gupta case [1982 (2) SCR 365], “...While the administration of justice draws its legal sanction from the Constitution, its credibility rests in the faith of the people. Indispensable to that faith is the independence of the judiciary . An independent and impartial judiciary supplies the reason for the judicial institution, it also gives character and content to the constitutional milieu.“&lt;br /&gt;
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Rational criticism, and not motivated angst, always strengthens an institution. And we all know and believe that wise parliamentarians would always mean well to criticise the SC in such a manner so as to strengthen its independence to enable it to dispense justice without fear and favour.&lt;br /&gt;
==Judicial overreach and co-governing India==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Q-A-Court-appears-to-be-engaging-in-08052017014033 May 08 2017 : The Times of India (Delhi)  Court appears to be engaging in unrestrained judicial overreach| Justice AP Shah talking to Sanjiv Shankaran | The Times of India]&lt;br /&gt;
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Q &amp;amp; A - `Court appears to be engaging in unrestrained judicial overreach ... uncertainty around policy because of SC interventions'&lt;br /&gt;
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'' Some recent Supreme Court judgments, which have had a significant impact on policy issues, have triggered a debate on its powers. '' ''' AP Shah, former chief justice of Delhi high court ''' '' and former law commission chairman, spoke to ''' Sanjiv Shankaran ''' on the issue and the apex court's fundamental role: '' &lt;br /&gt;
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''' Is SC's role in co-governing India consistent with Constitution's spirit? ''' &lt;br /&gt;
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In the 1980s, after the Emergency, judiciary transformed itself into an institution that was enjoined to promote the ideals of socio-economic and political justice.&lt;br /&gt;
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Judiciary developed public interest litigation, or PILs, as a jurisdiction to transform constitutional promises into reality , and open the doors to those groups of people who were not free to approach the courts due to socio-economic factors. The idea was to make human rights meaningful for weaker sections of society. Then it gradually recognised rights of undertrials, juveniles, right to privacy, right to speedy trials and so on. It also covered areas like environment. This is how the idea of PILs began and started expanding. Article 21 was expanded as well, recognising right to education, work, shelter and so on. It was undeniably a glorious chapter in history of Indian judiciary .&lt;br /&gt;
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Lately , however, the court has taken on a role of co-governance. Indeed, I fear that it has become the norm almost. The court, through its decisions, is virtually overriding the constitutional concept of separation of powers. There are judicial diktats on every other subject, many of which are rank populist decisions, for example, the decision in the BCCI matter, where the court is practically running the cricket board on a day to day basis. Besides this, the court also entertains completely frivolous matters like the national anthem case, or the one on Sikh jokes.&lt;br /&gt;
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In sum, the court appears to be engaging in unrestrained judicial overreach, mostly by recourse to Article 142, and issuing judicial diktats.&lt;br /&gt;
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Populist approach would destroy the idea of PIL as envisaged originally decades ago. SC is trying to govern the country, and trying to correct every ill that exists.But this is neither within the powers of the court, nor does it have the capacity to do so. The priority must be protection of human rights and fundamental rights.&lt;br /&gt;
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''' Does the recent record suggest that evidentiary basis for judgments is satisfactory , particularly if the outcome has a significant fallout? ''' &lt;br /&gt;
&lt;br /&gt;
The alcohol ban is a case in point where the court's decision has had catastrophic financial consequences. In effect, the court drastically altered the central government's policy without realising the implications. I believe this is in the range of anything between Rs 50,000-75,000 crore, and has led to the loss of a million jobs.&lt;br /&gt;
&lt;br /&gt;
SC has missed the target on this one.&lt;br /&gt;
&lt;br /&gt;
There should have been decisive steps taken against drunken driving. The decision may be well intentioned, but it has effectively gone against the thriving hospitality industry.&lt;br /&gt;
&lt;br /&gt;
As a result, there is also a lot of uncertainty around policy , because of the interventions of SC. Such decisions have serious financial repercussions, which, I fear, the court is not equipped to understand.&lt;br /&gt;
&lt;br /&gt;
''' Taking a look at Aadhaar case, is SC's scheduling of hearings contributing in a round about way to a roll-out of policy? ''' &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
There are very serious issues involved in the petition before SC, including whether the Aadhaar Act could have been passed as a money bill.&lt;br /&gt;
&lt;br /&gt;
It is useful to recap what happened.The case came before a three-judge bench in August 2015. The court granted interim relief restricting the use of Aadhaar to two schemes on a voluntary basis. When it went to a five-judge bench in October 2015, the two schemes were expanded to six schemes. On both occasions, the court said it was an important issue and should be heard expeditiously.&lt;br /&gt;
&lt;br /&gt;
In spite of that observation, the matter is not being given priority. In the meantime, the central government started issuing notification upon notification making Aadhaar mandatory for various purposes, in disregard of the interim order. Surprisingly, the Chief Justice of India has made an observation that the non-mandatory nature of Aadhaar extends only to social welfare and benefit schemes, and that it did not apply to other things like verification of income tax returns or registration of mobile numbers. This is completely at odds with the interim order passed by the constitution bench.&lt;br /&gt;
&lt;br /&gt;
Somewhere, priorities are getting lost, and the court is wasting its time in trying to address policy issues, which are clearly not in its domain. This becomes all the more critical when we realise that pendency in SC has crossed 60,000 cases.&lt;br /&gt;
== CBI probes: House panel slams SC, HCs for monitoring them==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=House-panel-slams-SC-HCs-for-monitoring-CBI-09122015013031 ''The Times of India''], Dec 09 2015&lt;br /&gt;
&lt;br /&gt;
Neeraj Chauhan&lt;br /&gt;
&lt;br /&gt;
'''House panel slams SC, HCs for monitoring CBI probes'''&lt;br /&gt;
&lt;br /&gt;
''Courts Are Overstepping Their Brief''&lt;br /&gt;
&lt;br /&gt;
In a significant remark on the judiciary's intervention in CBI investigations, a parliamentary committee has stated that the Supreme Court and high courts have started performing the functions of the lowest rung of criminal justice system, taking over the role of a magistrate.&lt;br /&gt;
Asserting that superior courts are working beyond their powers, the parliamentary standing committee on personnel, public grievances, law and justice said, “The superior courts which are courts of appeal under Sec tion 374 of the Code of Criminal Procedure (1973) are even directing CBI in a number of cases to report day-to-day progress in a sealed cover bypassing sections 172 and 173 of the CrPC and performing functions envisaged under the criminal justice system of the country for the lowest rung of criminal courts and also appreciating the evidence which under section 173 of CrPC is required to be done by the magistrate.“&lt;br /&gt;
&lt;br /&gt;
The panel's observations come at a time when most of the big-ticket CBI cases, including 2G spectrum allocation scam, coal block allocation scam, Vyapam scam, Virbhadra Singh corruption probe and ponzi schemes like Saradha, are being either monitored or regularly heard by the Supreme Court and several high courts. In fact, in the 2G and coal scams, the Supreme Court restricted all other courts to entertain any application against orders passed by the trial court.&lt;br /&gt;
&lt;br /&gt;
The committee said, “...various high courts and Supreme Court are frequently issuing directions to the CBI to handle cases relating to Prevention of Corruption Act, 1988, as also of `public order'. As a result, the jurisdiction and powers of the CBI have widened and deepened and have far exceeded than what was contemplated under the Delhi Special Police Act, 1946.“&lt;br /&gt;
&lt;br /&gt;
The committee, headed by E M Sudarsana Natchiappan, points to “judicial activism of higher judiciary by taking pains of overseeing an investigation and passing interim directions to the CBI and even preempting the rights and remedies available to affected persons under criminal justice system. It may , therefore, appear to affected persons as a pre-emptive and colourable exercise of power by the superior courts“.&lt;br /&gt;
&lt;br /&gt;
=Key rulings, year-wise=&lt;br /&gt;
==2015==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=NJAC-poll-eligibility-Jat-quota-key-2015-rulings-01012016012012 ''The Times of India''] Jan 01 2016&lt;br /&gt;
&lt;br /&gt;
Amit Anand Choudhary&lt;br /&gt;
&lt;br /&gt;
''' Women's Rights Too Hogged Limelight In SC '''&lt;br /&gt;
&lt;br /&gt;
In the year gone by , the Supreme Court constitutionally spurned the historic offer from Parliament to throw light on one of its darkest alleys -the road to appoint judges. Parliament enacted National Judicial Appointments Commission (NJAC) to bring in transparency in the process of appointment of judges in the apex court and high courts. But, the SC strangely put its vote on the opaque collegium system of judges selecting judges.&lt;br /&gt;
&lt;br /&gt;
The overwhelming public support for NJAC -the unanimous decision of Parliament and its ratification by 20 states -could not persuade the SC, which said independence of judiciary could be in danger if the Executive, the largest litigant, participated in selection of judges. But, the court was quite alive to the concerns of the public when it came to deciding the validity of Section 66A of Information Technology Act.&lt;br /&gt;
&lt;br /&gt;
It had no reservation in scrapping the law saying it impeded the citizens' right to freedom of speech and expression.&lt;br /&gt;
&lt;br /&gt;
The SC also saw through the politics behind the UPA 's decision ahead of the 2014 general elections to grant OBC status to Jats, seen as a prosperous community . The NDA too attempted to woo the Jats by defending the UPA decision. But, the SC minced no words and called the decision to give quota to Jats in jobs and admissions to educational institutions a `negative and retrograde' step.&lt;br /&gt;
&lt;br /&gt;
Irrespective of the political party in power, there has always been a tendency to project their top leaders in government advertisements with taxpayers' money . The SC put an end to it by ruling that no politician's face, except that of President and the Prime Minister, can be put in government advertisements.The chief ministers were the worst hit by this decision and many states have approached the SC to permit the photos of CMs to be displayed in government advertisements.&lt;br /&gt;
&lt;br /&gt;
One may not need any educational qualification to become an MP or MLA. But in a significant decision, the SC upheld the Haryana government's law laying down educational criteria for panchayat polls.&lt;br /&gt;
&lt;br /&gt;
The SC virtually brought down the curtains on the long political career of former Haryana CM Om Prakash Chautala by upholding his conviction and 10-year jail term in teachers' recruitment scam case. N Srinivasan, who was at the helm of BCCI was bowled out by the SC which condemned him for failing to maintain purity of the `gentleman's game' by blinking at the maladies like betting and spot-fixing.&lt;br /&gt;
&lt;br /&gt;
The court saw a midnight drama just before the scheduled hanging of Yakub Abdul Razak Memon, the lone condemned prisoner in 1993 serial blasts case of Mumbai. Despite repeatedly rejecting his plea for life sentence, the SC did not hesitate to hear his advocates again when they knocked at its doors in a last gasp attempt.&lt;br /&gt;
&lt;br /&gt;
The court passed a series of orders in 2015 to reinforce the rights of women who are despised by society for living an unconventional life.In a path-breaking verdict, it ruled that an unwed mother must be recognised as a legal guardian of her child and she cannot be forced to reveal the name of the father or seek his consent to get guardianship of the child.&lt;br /&gt;
&lt;br /&gt;
It also held that an unmarried couple, living together as husband and wife, would be presumed to be legally married and the woman would be eligible to inherit the property after the death of her partner. It also held that a woman was entitled to maintenance from her live-in partner.&lt;br /&gt;
&lt;br /&gt;
The court also expressed concern over women being used as surrogate mothers by foreigners and directed the government to ban commercial surrogacy . This prompted the Centre to roll back its 2013 decision allowing import of human embryos for artificial reproduction.&lt;br /&gt;
==2016: Important judgements==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=From-homebuyers-to-beard-growers-cricket-czars-to-30122016017022  AmitAnand Choudhary: SC rulings in some important judgements, Dec 30, 2016: The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Cloaked constitutionally to do complete justice, the Supreme Court in 2016 played referee in a variety of matches relating to legality of decisions in areas as diverse as politics, cricket, finance and religious practice.&lt;br /&gt;
&lt;br /&gt;
In the political arena, it red carded the Arunachal Pradesh governor for dismissing a Congress government led by Nabam Tuki and ordered its resurrection.&lt;br /&gt;
&lt;br /&gt;
But Congress failed to reap benefits of this landmark decision. Tuki could not reclaim the chief minister's chair. It went to Pema Khandu. Later, Congress legislators under Khandu stormed out of the grand old party to from a new outfit.&lt;br /&gt;
&lt;br /&gt;
Dealing a double blow to the NDA government, the SC also quashed the Centre's decision to dismiss the Congress government in Uttarakhand and impose central rule. The SC restored the Congress government led by Harish Rawat, who had better luck than Tuki.&lt;br /&gt;
&lt;br /&gt;
In cricket, the apex court continued its role as a tough umpire and imposed stringent field restrictions for the management to force them to implement its July 18 verdict to bring transparency and accountability in cricket administration.&lt;br /&gt;
&lt;br /&gt;
The Decision Review System (DRS) did not help.The SC dismissed the BCCI's two petitions seeking review of the reforms judgment, sending a clear signal to the board to fall in line.&lt;br /&gt;
&lt;br /&gt;
New Year could herald more problems as the SC will decide whether to appoint an administrator for BCCI in the first week of January .Not only this, the SC's decision in the contempt of court petition against BCCI president Anurag Thakur will also set a new milestone.&lt;br /&gt;
&lt;br /&gt;
The reforms judgment was based on a report by a committee headed by former CJI R M Lodha and com prising former SC judges Ashok Bhan and R V Raveendran. The court accepted each and every suggestion of the committee for infusing transparency and objectivity in the administration and finances of the board.&lt;br /&gt;
&lt;br /&gt;
In the financial sphere, Prime Minister Narendra Modi's big-ticket decision to rid the country of black money through demonetisation came under the SC scanner through scores of PILs. The court attempted to regulate government action to provide succour to common people facing harassment because of currency crunch.&lt;br /&gt;
&lt;br /&gt;
Though the SC took note of the hardship faced by common people because of demonetisation, it referred to a five-judge bench to determine the constitutional validity and procedural reasonableness of the policy decision.&lt;br /&gt;
&lt;br /&gt;
Public interest figured high on the SC's list of business in 2016, when it passed a slew of directions to reduce pollution. Its interference also forced the Haji Ali dargah management to allow women to enter its inner sanctum, which had remained closed for them since 2012. The court is also dealing with petitions to open the doors of Sabarimala temple in Kerala to women irrespective of their age. At present, women in the menstruating age are barred from entering the temple because of the deity's celibacy.&lt;br /&gt;
&lt;br /&gt;
But 2016 will go down in history as one of those years when the relationship between the judiciary and the executive touched the nadir.CJI TS Thakur slammed the government for sitting over recommendations for appointment of judges to high courts, which fought a monstrous pendency of cases with their backs to the wall as 43% of judges' posts remain vacant.&lt;br /&gt;
&lt;br /&gt;
The government hit back saying the CJI-headed collegium had not been finalising the memorandum of procedure for appointment of judges, which was ordered to be re-framed by a fivejudge SC bench.&lt;br /&gt;
&lt;br /&gt;
Without the new MoP, it would be improper to continue appointment of judges as per the `opaque' system followed by the collegium, the government said and reminded the CJI about the `laxman rekha'. Despite the CJI's criticism, the law minister claimed that the Centre had appointed a record 126 judges to HCs in 2016.&lt;br /&gt;
&lt;br /&gt;
After putting cricket czars in a fix with the bitter dose of reforms, ex-CJI R M Lodha was called upon by the SC to suggest reforms in administration of medical education in the country by scrutinising alleged mismanagement in Medical Council of India. The SC also asked Justice Lodha to supervise the sale of assets of Pearl group and refund Rs 49,000 crore to public who had invested in the firm's illegal collective investment scheme (CIS).&lt;br /&gt;
&lt;br /&gt;
It held that people from the Muslim community could not be allowed to grow beard after joining IAF, saying that discipline, uniformity and cohesiveness in armed forces was too important to be sacrificed for religious belief of its personnel who want to follow the practice which was against rules of a defence force.&lt;br /&gt;
&lt;br /&gt;
The year also kept the SC busy in exploring ways to tackle the pollution crisis in the national capital. It passed a slew of directions including restricting entry of trucks into Delhi and imposing 1% environment cess on diesel SUVs and high-end private cars with engine capacity of 2000cc and above.&lt;br /&gt;
&lt;br /&gt;
The court came to the rescue of several home buyers, harassed by real estate developers not handing over possession of flats on time.The court made it clear to developers that they would have to deliver as per their promise irrespective of whether they “sink or die“.&lt;br /&gt;
&lt;br /&gt;
==2017==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F01&amp;amp;entity=Ar01217&amp;amp;sk=4E1495DC&amp;amp;mode=text  Dhananjay Mahapatra, SC rulings settled national debates in 2017, but it weakened internally, January 1, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Attitude, approach and rectitude of a Chief Justice of India brings in marked changes in the core character of the Supreme Court. In 2017, the SC saw three CJIs. But Justice J S Khehar, followed by Justice Dipak Misra, set the ball rolling by taking up for adjudication constitutional issues that were brushed under the carpet for years.&lt;br /&gt;
&lt;br /&gt;
Many constitution benches were set up to deal with pending issues — from validity of Aadhaar which halfway through gave birth to the path-breaking right to privacy as a fundamental right, to tricky issues like misbehaviour of a sitting high court judge.&lt;br /&gt;
&lt;br /&gt;
This made the SC appear truly a constitutional court, a role assigned by the Constitution and envisaged by the framers of the Constitution. The SC, sitting at the top of the three-tier judiciary, had for the last two decades got mired in too many PILs, giving fodder to politicians to slam the judiciary for encroaching into the executive’s domain.&lt;br /&gt;
&lt;br /&gt;
In the 2017 balance sheet, the SC had many positives. To overcome an eight-judge bench decision negating the fundamental nature of right to privacy more than 50 years ago, a nine-judge bench took up the important issue for scrutiny keeping in mind citizens’ vulnerability to present day gadget-encouraged intruding tendencies.&lt;br /&gt;
&lt;br /&gt;
“Right to privacy is an integral part of right to life and personal liberty guaranteed in Article 21 of the Constitution,” the nine-judge bench ruled unanimously while comprehensively rejecting the NDA government’s stand against privacy being conferred the status of fundamental right.&lt;br /&gt;
&lt;br /&gt;
The SC shed its traditional nervousness in dealing with issues having religious overtones to set up a multifaith five-judge bench to examine petitions by Muslim women challenging the legality of triple talaq, a tool used by Muslim men to divorce wives instantaneously.&lt;br /&gt;
&lt;br /&gt;
The bench ruled that triple talaq was arbitrary and violated right to equality guaranteed under Article 14 because it gave Muslim men unilateral right to terminate marriage without any rapprochement. It was a decisive step towards gender equality, which for centuries was strangulated in the&lt;br /&gt;
&lt;br /&gt;
name of religion. The SC ruled that triple talaq was not sanctioned by the Quran and hence not part of Islamic religious practices.&lt;br /&gt;
&lt;br /&gt;
Following the footsteps of the Bombay High Court which threw open the Shani Shingnapur temple to women, the SC helped women gain entry into the sanctum sanctorum of the famous Haji Ali dargah in Mumbai. The SC’s nudge made the Valsad Zoroastrian panchayat permit two Parsi women, forbidden from entering the Tower of Silence because they married outside the community, to enter the premises to perform the last rites of parents.&lt;br /&gt;
&lt;br /&gt;
A bench of top seven SC judges, including the CJI, was constituted to deal with open defiance and derogatory comments of sitting Calcutta HC judge Justice C S Karnan.&lt;br /&gt;
&lt;br /&gt;
Putting a premium on judicial discipline, decorum and dignity, the bench sentenced Justice Karnan to sixmonth imprisonment holding him guilty of contempt. For the first time in the SC’s 67-year history, a sitting judge was jailed. Though embarrassing, it sent a loud message to everyone, both within and outside judiciary, about non-negotiability of rule of law and judicial dignity.&lt;br /&gt;
&lt;br /&gt;
If decisions on right to privacy, triple talaq and Justice Karnan settled raging national debates, the SC’s upholding of a trial court decision to convict and sentence V K Sasikala in a DA case had a tectonic effect on Tamil Nadu politics. Tremors of the verdict continue to smudge the state’s political canvas.&lt;br /&gt;
&lt;br /&gt;
Concerned by alarming levels of pollution, the SC on Diwali-eve banned sale of crackers in Delhi and the National Capital Region. But the decision was hardly a deterrent as pollution refuses to go away.&lt;br /&gt;
&lt;br /&gt;
The Medical Termination of Pregnancy (MTP) Act permitted a woman to terminate a problematic pregnancy or diseased foetus only up to 20 weeks. When the SC on humanitarian considerations allowed a minor to terminate her over 20-week pregnancy, there was a deluge of similar applications.&lt;br /&gt;
&lt;br /&gt;
The SC turned into a window of hope for distressed women with more than 20 week pregnancies to get medical boards’ opinions for safe termination. A pertinent questioned emerged from this exercise — should Parliament amend the law to allow termination of over 20-week pregnancies in exceptional situations?&lt;br /&gt;
&lt;br /&gt;
One cannot end the narrative for the year in the SC without mentioning the medical admission scam that saw a retired HC judge arrested and indicated possible involvement of a sitting Allahabad HC judge. The scam threatened to singe the SC itself with spirited advocates insinuating against the incumbent CJI. Rules were thrown to the winds when advocates decided to pursue PILs on the issue before a particular bench, which obliged.&lt;br /&gt;
&lt;br /&gt;
The crisis made CJI Misra hurriedly constitute a fivejudge bench which ruled that the CJI was the master of the roster and no other judge could decide when and who would hear a petition. The course correction brought a diminishing trust quotient within the SC into the open.&lt;br /&gt;
&lt;br /&gt;
On the administrative side, the CJI instituted an inquiry into complaints against the Allahabad HC judge who had permitted a private medical college, despite complete a ban by the SC, to admit students for the 2017-18 academic year.&lt;br /&gt;
&lt;br /&gt;
Alarming level of vacancies in HC judges has remained stagnant at 40% of sanctioned strength. Nine HCs are without chief justices. The SC has six vacancies. 2018 has to be the year of appointments. The CJI-headed collegium must attempt to fill SC vacancies, followed by appointment of CJs to HCs.&lt;br /&gt;
&lt;br /&gt;
Two years have passed since a constitution bench ordered framing of memorandum of procedure for appointment of judges. Sadly, the law minister and the collegium have not been able to sort out contentious issues. It is time for wise heads, in the government and the judiciary, to resolve this lingering disagreement, which is impacting speedy justice.&lt;br /&gt;
&lt;br /&gt;
=Landmark shifts of stance=&lt;br /&gt;
==Case studies, seven==&lt;br /&gt;
[http://articles.timesofindia.indiatimes.com/2010-01-23/india/28127376_1_ninth-schedule-due-process-shifts The Times of India]&lt;br /&gt;
&lt;br /&gt;
''' Case studies: Supreme Court’s landmark shifts ''' &lt;br /&gt;
&lt;br /&gt;
The apex court is rightly hailed for its stellar role. But little has been written about its dramatic shifts on a range of key issues. TOI brings you the untold story &lt;br /&gt;
&lt;br /&gt;
''' Manoj Mitta ''' &lt;br /&gt;
&lt;br /&gt;
Raising a toast for the establishment of the Supreme Court as India turned into a Republic, C K Daphtary, who went on to become the first solicitor general, said in January 1950, “A republic without a pub is a relic!” &lt;br /&gt;
&lt;br /&gt;
Jokes apart, no appraisal of the 60 years of the Indian Republic can ignore the stellar role played by the Supreme Court in maintaining the constitutional scheme of checks and balances. Equally, no appraisal of the Supreme Court can be complete without delving into the vagaries of its rulings, for better or for worse — especially because the shifts in its position have not always been for reasons beyond its control. &lt;br /&gt;
&lt;br /&gt;
This somewhat awkward aspect has however received little attention, perhaps because of the reverence reserved for the higher judiciary. Here is an attempt to focus exclusively on the judicial shifts made by the Supreme Court through the 60 years of its existence on a range of key issues. &lt;br /&gt;
&lt;br /&gt;
'''Somersault on due process'''&lt;br /&gt;
The first major constitutional issue decided by the Supreme Court came out of the preventive detention of communist leader A K Gopalan, in whose honour the headquarters of CPM is named. The issue was whether somebody’s detention could be justified merely on the ground that it had been carried out “according to the procedure established by law,” as stipulated in Article 21 of the Constitution. Or, would that procedure be valid only if it complied with principles of natural justice such as giving a hearing to the affected person? &lt;br /&gt;
&lt;br /&gt;
In the A K Gopalan case of 1950, the Supreme Court, taking a narrow view of Article 21, refused to consider if the procedure established by law suffered from any deficiencies. Fortunately, three decades later, it took a 180 degree turn on this issue in the Maneka Gandhi case of 1978. The provocation was the arbitrary law that had allowed the Janata Party government to take away Maneka’s passport without any remedy. Importing the American concept of due process, the Supreme Court ruled that the procedure established by law for depriving somebody of their life or personal liberty had to be “just, fair and reasonable”. &lt;br /&gt;
&lt;br /&gt;
'''Reduction of Parliament’s power to amend the Constitution'''&lt;br /&gt;
&lt;br /&gt;
Validity of the very first constitutional amendment was challenged mainly because it had inserted the Ninth Schedule to insulate agrarian laws from being tested in courts. The issue facing the Supreme Court was to determine the extent to which Parliament could go while exercising its amending power under Article 368. This is how SC shifted its position more than once on this crucial issue. &lt;br /&gt;
&lt;br /&gt;
First, in the Shankari Prasad case of 1951, it ruled that since no limits had been spelt out in Article 368, the power to amend the Constitution included abridgement of even fundamental rights. &lt;br /&gt;
&lt;br /&gt;
Next, in the Golaknath case of 1967, it betrayed second thoughts on trusting Parliament with such unfettered discretion under Article 368. Since Article 13 stipulated that every law enacted by Parliament had to comply with fundamental rights, the Supreme Court read that limitation into constitutional amendments as well. &lt;br /&gt;
&lt;br /&gt;
Finally, in the Kesavananda Bharati case of 1973, the SC held that the condition prescribed by Article 13 of complying with fundamental rights applied only to ordinary laws, not constitutional amendments. Taking the middle path, it said the only limitation on Article 368 was that a constitutional amendment could not alter the “basic structure” of the Constitution (such as the sovereignty of the country or its secular character). &lt;br /&gt;
&lt;br /&gt;
'''Enlarging the scope of judicial review'''&lt;br /&gt;
&lt;br /&gt;
For decades, the most abused provision of the Constitution was the sweeping power conferred on the President — in other words, the Central government — to dismiss a duly elected state government. The validity of actions taken under Article 356 of the Constitution went before the Supreme Court for the first time in 1977 when the then newly elected Janata Party government at the Centre had dismissedCongress governments in states for no reason other than the fact that it wanted to hold early elections. &lt;br /&gt;
&lt;br /&gt;
But the Supreme Court, in what is known as the State of Rajasthan case of 1977, declined to intervene, ostensibly to avoid entering the political thicket. The President’s satisfaction that the state concerned could not be carried on in accordance with the provisions of the Constitution was, it said, not subject to judicial review. The apex court however reversed its stand in the S R Bommai case of 1994, where it held that a proclamation under Article 356 could be struck down if it was “found to be mala fide or based on wholly irrelevant or extraneous grounds”. Subjecting the President’s satisfaction to judicial review, the Bommai verdict clarified that the power conferred by Article 356 was a conditional one, not absolute. &lt;br /&gt;
&lt;br /&gt;
'''Changing conception of compensation'''&lt;br /&gt;
&lt;br /&gt;
Many a legal battle has been fought on the vexed issue of compensation payable to affected parties when a property has been acquired by the government. The question of interpreting the compensation promised by the Constitution arose for the first time in the Bela Banerjee case of 1954 involving a West Bengal law which sought to pay off the owners on the basis of the market value of their land on some distant date in the past. Rejecting the socialistic arguments of the state, SC laid down that the compensation should be “a just equivalent of what the owner has been deprived of”. &lt;br /&gt;
&lt;br /&gt;
In a bid to get over the effect of the Bela Banerjee case, the Nehru government amended the Constitution stipulating that no law dealing with the manner in which compensation was to be given “shall be called in question in any court on the ground that the compensation by that law is not adequate”. This in turn triggered a chain of a vacillating judgments and another constitutional amendment on the compensation issue. It culminated in the shift from the categorical “just equivalent” in the Bela Banerjee case to a limp admission in the Kesavandanda Bharati case of 1973 that the amount need not be equivalent, so long as it was “not illusory”. &lt;br /&gt;
&lt;br /&gt;
'''Diversity on quotas'''&lt;br /&gt;
&lt;br /&gt;
Caste-based reservations in jobs and educational institutions are another contentious issue on which the Supreme Court has had to change its position in keeping with the times. Its initial response was completely adverse. In the Champakam Dorairajan case of 1951, the Supreme Court slammed caste-based reservations as a violation of the Constitutional prohibition of discrimination. It was however forced to take a more accommodative view of social justice once the Nehru government responded with the first constitutional amendment stipulating that the general prohibition of discrimination could not prevent the state from making any special provision for the advancement of SCs, STs and OBCs. &lt;br /&gt;
&lt;br /&gt;
Having reconciled to the imperative of quota, the Supreme Court, in the M R Balaji case of 1963, imposed a cap of 50% on the extent of reservations for all the categories taken together, in a bid to ensure that the exception did not exceed the general rule of non-discrimination. Following the Mandal controversy, the Supreme Court, in the Indra Sawhney case of 1993, upheld the introduction of quota for OBCs in Central government jobs subject to the exclusion of the “creamy layer” (candidates whose parents are relatively wealthy or better educated). &lt;br /&gt;
&lt;br /&gt;
'''Seasonal change on economic policy'''&lt;br /&gt;
&lt;br /&gt;
True to its reputation of giving precedence to individual liberty over socialistic schemes, the Supreme Court, in the Bank Nationalization case of 1970, displayed no inhibition in probing the allegations that the Indira Gandhi’s government’s economic policy was discriminatory and deficient on compensation. As a corollary, it even struck down the nationalisation law. &lt;br /&gt;
&lt;br /&gt;
But post-liberalisation, the SC, in the Balco case of 2001, upheld the Vajpayee government’s disinvestment policy by adopting the principle that “in the case of a policy decision on economic matters, the courts should be very circumspect in conducting any inquiry and must be most reluctant to impugn the judgment of the experts.” &lt;br /&gt;
&lt;br /&gt;
'''Turning consultation into concurrence'''&lt;br /&gt;
&lt;br /&gt;
This shift has earned the Supreme Court the opprobrium of turning the judiciary into a “self-perpetuating oligarchy”. For, all that the Constitution has prescribed in the appointment of judges to the Supreme Court is that the Chief Justice of India “shall always be consulted”.&lt;br /&gt;
&lt;br /&gt;
==`Freedom fighters' (false ones) granted pension==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=SC-grants-pension-to-fake-freedom-fighters-02112016010083  Dhananjay Mahapatra,  SC grants pension to `fake freedom fighters', Nov 02 2016 : The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Strange are the ways of the Supreme Court in dispensing justice. On the one hand, it ordered inquiry into alleged forging of freedom fighter certificates to claim pension and on the other, when the pensions were cancelled, it restored them on humanitarian grounds.&lt;br /&gt;
&lt;br /&gt;
In August 2005, the SC had appointed the Justice A B Palkar Commission to examine the case of a large number of people claiming pension as freedom fighters by allegedly forging certificates in Beed district. It had said those falsely claiming to have participated in the freedom struggle should be dealt with sternly as they were “traitors“. It had directed the Palkar panel to complete the inquiry into claims of 354 people for freedom fighter pension and submit a report to the Maharashtra government.The panel had rejected the claims of 298 of 354 people and termed their documents “bogus“.&lt;br /&gt;
&lt;br /&gt;
When the state govern ment cancelled their pensions relying on the Palkar commission report, the elderly people moved the Bombay HC and pleaded, “We are all senior citizens. At this ripe age, if we are deprived of pensionary benefits, we will not be in a position to eke out a livelihood.“ Given the SC's stern mandate in 2005 to separate the genuine freedom figh ters from the impersonators, the HC refused to give relief.&lt;br /&gt;
&lt;br /&gt;
They made a final dash to the SC and pleaded before a bench of Justices Kurian Joseph and R F Nariman that withdrawal of pensions would mean starvation. The Justice Joseph-headed bench was caught in a situation where being legally correct would mean starvation for the petitioners.&lt;br /&gt;
&lt;br /&gt;
What came to the bench's rescue was a 2013 judgment of the apex court which had dealt with similar pleas. It had said, “In our opinion, keeping in view the fact that at this old age, if small benefit that was already granted to them is withdrawn, it may be difficult for them to sustain themselves. In that vi ew of the matter, in the peculiar facts and circumstances of the case, we set aside the order of the Bombay HC.“ However, the court had said pensions would stop with the death of the false freedom fighters.&lt;br /&gt;
&lt;br /&gt;
Justices Joseph and Nariman were quick to adopt the same stand. They said, “We find force in the submissions made by the counsel for Maharashtra that in many of these cases, the appellants have actually not participated in any freedom struggle. However, taking note of the only fact that these cases arise out of the same batch of appeals, we feel that it may not be proper to take a different view (than that taken in 2013).“&lt;br /&gt;
&lt;br /&gt;
== Medical colleges: Vacant super-specialty seats courses ==&lt;br /&gt;
[[File: Vacant super specialty seats courses in medical colleges.jpg|   ‘A two-judge Supreme Court bench ordered filling up of 553 vacant seats in super-specialty courses in medical colleges just two days after a three-judge bench rejected such a plea’ &amp;lt;br/&amp;gt; From [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=2-judge-bench-does-what-3-judge-SC-17102017001061 '' The Times of India ''] |frame|500px]] &lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=2-judge-bench-does-what-3-judge-SC-17102017001061     Dhananjay Mahapatra | 2-judge bench does what 3-judge SC bench refused | Oct 17 2017 : The Times of India (Delhi)]&lt;br /&gt;
&lt;br /&gt;
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Eyebrows are being raised about a possible breach in judicial discipline after a two-judge Supreme Court bench ordered filling up of 553 vacant seats in super-specialty courses in medical colleges just two days after a three-judge bench rejected such a plea.&lt;br /&gt;
&lt;br /&gt;
On an application filed by Kerala Christian Professional College Management Federation in the pending petition of Dr Himank Goyal, a bench of Justices Adarsh Kumar Goel and U U Lalit directed on October 11: “For the remaining 553 unfilled super-specialty seats lying vacant, the DGHS may hold a mop-up counselling in an endeavour to fill up such seats within a period of 10 days.“ Those offered seats through this mop-up counselling were asked by the bench to join within four days. Just two days before this, on October 9, a PIL by `Education Promotion Society of India' had sought permission from a bench of CJI Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud to fill up vacant superspecialty course seats. The bench dismissed the petition.&lt;br /&gt;
&lt;br /&gt;
It could not have passed an order different from its September 22 one when it turned down pleas to extend the deadline for filling vacant seats.&lt;br /&gt;
&lt;br /&gt;
On September 22, a bunch of applications by various medical colleges, including the one by Dr Himank Goyal, came up for hearing before the threejudge bench headed by the CJI.&lt;br /&gt;
&lt;br /&gt;
The bench said, “There was an echo of concern that seats are going vacant and, therefore, there is necessity ... to extend the date. If we permit ourselves to say so, the concern travels from rational to emotional sphere.“&lt;br /&gt;
&lt;br /&gt;
However, Medical Council of India counsel Gaurav Sharma opposed vehemently and said the SC had extended the time till September 14 and if students did not avail of the opportunity , “it would be anathema to the concept of law to grant extension at the behest of institutions or the students“.&lt;br /&gt;
&lt;br /&gt;
Sharma said, “Mainte nance of discipline is of transcendental significance in the sphere of admission to medical colleges.“&lt;br /&gt;
&lt;br /&gt;
He said granting fur ther extension would usher chaos as stu dents who were not eligible or defaulted would gain admission. The threejudge bench said, “A sense of concern is one thing, but sustenance of discipline and order is another aspect. Weighing both the concepts in a balanced manner, we unhesitatingly come to the conclusion that the prayers made in the applications do not deserve any acceptance and stand rejected.“&lt;br /&gt;
&lt;br /&gt;
A fortnight later, an identical request for filling up superspecialty seats in medical colleges was allowed by a twojudge bench, which, in its order, did not refer to the threejudge bench's orders.&lt;br /&gt;
&lt;br /&gt;
==Political fallout taken into consideration==&lt;br /&gt;
''' When Supreme Court considered the political fallout of its verdict ''' &lt;br /&gt;
&lt;br /&gt;
Dhananjay Mahapatra [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=When-Supreme-Court-considered-the-political-fallout-of-07012015024005 ''The Times of India''] Jan 07 2015&lt;br /&gt;
&lt;br /&gt;
The political fallout of a judicial decision has seldom bothered the judiciary, but it appears that in 2012 the Supreme Court delayed the judgment on the CBI's probe into disproportionate assets cases against the Samajwadi Party chief and his sons to await completion of assembly elections.&lt;br /&gt;
&lt;br /&gt;
On March 1, 2007, just before the assembly elections, an SC bench headed by Justice A R Lakshmanan had ordered the CBI to probe into alleged disproportionate assets of Mulayam Singh Yadav and his sons on a PIL filed by Vishwanath Chatur-vedi. Justice Lakshmanan retired on March 21, 2007 and was immediately appointed as chair man of the Law Commission.&lt;br /&gt;
&lt;br /&gt;
Yadavs filed petitions seeking review of the March 1, 2007 judgment questioning the jurisdiction of the SC to order CBI probe without the consent of the state government on a politically motivated petition.The review petitions were heard by a bench of Justices Altamas Kabir and H L Dattu, which reserved its judgment on February 17, 2011.&lt;br /&gt;
&lt;br /&gt;
Internal communication between Justice Kabir and Justice Dattu, accessed by TOI, shows, among other things, the ground for delay in pronouncing the judgment was the possible political fal lout of its decision in this case.&lt;br /&gt;
&lt;br /&gt;
In June 2012, Justice Kabir wrote to Justice Dattu: “I deliberately waited till after the UP elections to pronounce the judgment so that the level playing field was not disturbed.“ The UP Assembly elections were held between February 8, 2012 and March 3, 2012. SP swept the polls and Akhilesh Yadav became the chief minister.&lt;br /&gt;
&lt;br /&gt;
Just days before the verdict on December 13, 2012, Justice Kabir sent the draft judgment to Justice Dattu for his approval. In the note attached to the draft judgment, Justice Kabir had referred to the CBI's flip-flops in the case and said, “This dual stand in the submissions of the highest investigating agency cannot be appreciated by this court.“&lt;br /&gt;
&lt;br /&gt;
Justice Dattu agreed with Justice Kabir, who had by then become the Chief Justice of India, that the CBI stand had been confusing.However, he clarified that “while making submissions (on behalf of the CBI) it has been highlighted that substantial prima-facie elements are there to conduct an investigation“.&lt;br /&gt;
&lt;br /&gt;
He also felt that there was no substantial evidence against Dimple Yadav and no further investigation needed to be carried out against her.But Justice Dattu was firm against quashing the entire proceedings regarding disproportionate assets. Justice Dattu wrote back: “As discussed with you, quashing of the entire proceedings regarding disproportionate assets, which is evident on the face of records, will not only be doing injustice but also create a political turbulence. We are directing only CBI probeinvestigation and not holding them guilty . If nothing is found, they are acquitted. But in fitness of things a thorough investigation is needed.“&lt;br /&gt;
&lt;br /&gt;
The judgment on the review petitions was pronounced on December 13, 2012. The court held that the CBI probe into alleged disproportionate assets of Mulayam, Akhilesh, and Prateek Yadav as ordered by the SC on March 1, 2007 was justified.&lt;br /&gt;
==Vyapam-Tainted Doctors: Conflict Over their Fate==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=2-judge-SC-bench-teaches-law-to-3-31082016014046  Aug 31 2016 : ''The Times of India'' (Delhi) 2-judge SC bench teaches law to 3-judge bench, Dhananjay Mahapatra]&lt;br /&gt;
﻿&lt;br /&gt;
&lt;br /&gt;
A three-judge bench of the Supreme Court headed by Justice J S Khehar on Tuesday got some constitutional and legal lessons from a two-judge bench headed by Justice J Chelameswar.&lt;br /&gt;
&lt;br /&gt;
The bench headed by Justice Khehar, who will become Chief Justice of India next year, was tasked with finding a solution to the conflict of opinion in a judgment rendered by the bench of Justices Chelameswar and A M Sapre in a case relating to punishment for those whose MBBS degrees were tainted by the Vyapam scam.&lt;br /&gt;
&lt;br /&gt;
Justices Chelameswar and Sapre had found instances of undeserving candidates taking advantage of irregularities in entrance examinations to bag MBBS seats.Justice Chelameswar had said they should be asked to render charitable healthcare for a certain period to retain their MBBS degrees. But Justice Sapre had said these degrees should be cancelled.&lt;br /&gt;
&lt;br /&gt;
The bench headed by Justice Khehar had asked whether the matter needed to be heard afresh to resolve the conflict of opinion and sought an answer from Justices Chelameswar and Sapre.&lt;br /&gt;
&lt;br /&gt;
The miffed two-judge bench on Tuesday did not read out the judgment and merely signed it, departing from the usual practice where judges read out the operative portion of the verdict.&lt;br /&gt;
&lt;br /&gt;
It said, “We completely fail to understand the reference made to Article 145(5) of the Constitution in the July 28, 2016 order (of the three-judge bench).“ Article 145(5) provides that the court should not pronounce a judgment without the concurrence of a majority of the judges on the bench which heard the case. However, it also says this would not prevent a judge from delivering a dissent judgment or opinion. Justices Chelameswar and Sapre said, “We are of the opinion that neither the Constitution of India nor any other law of this country provides an intra-court appeal insofar as the Supreme Court is concerned. A rehearing of the entire matter as apparently suggested by the larger bench, in our opinion, would amount to an intra-court appeal.“&lt;br /&gt;
&lt;br /&gt;
As a final message to the three-judge bench which appeared to have a touch of judicial sarcasm, the two-judge bench said, “If the larger bench of this court wishes to create an intra-court appeal, we obviously are powerless to stop it. We can only record our understanding of the law on the question and it is as recorded above.“&lt;br /&gt;
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==3-judge bench overrules 3-judge 2014 land acquisition judgment==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F22&amp;amp;entity=Ar00302&amp;amp;sk=DE4B463A&amp;amp;mode=text  Dhananjay Mahapatra &amp;amp; Amit Anand Choudhary, SC in knots as its 3-judge bench overrules another of same strength, February 22, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
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The Supreme Court appeared to have tied itself in knots on Wednesday, with a three-judge bench questioning the judicial propriety and discipline of another three-judge bench, which had on February 8 overturned yet another three-judge bench’s 2014 judgment on land acquisition.&lt;br /&gt;
&lt;br /&gt;
The subject matter was important as it involved the acquisition of land and payment of compensation to land-owners, mainly farmers. But the two-hour-long proceedings before a bench of Justices Madan B Lokur, Kurian Joseph and Deepak Gupta brought back flashes of the smouldering discontent among the four most senior judges which had erupted in an unprecedented press conference on January 12.&lt;br /&gt;
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''' SC asks HCs not to pass any order on land acquisition ''' &lt;br /&gt;
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What the bench of Justices Lokur, Joseph and Gupta questioned on Wednesday was the judgment by a three-judge bench headed by Justice Arun Mishra terming a 2014 “Pune Municipal Corporation” judgment by a bench of identical strength as “per incurium” (decision rendered without taking care of facts and law). Interestingly, the Pune Municipal Corporation judgment was rendered on January 24, 2014 by a bench of Justices R M Lodha, Lokur and Joseph.&lt;br /&gt;
&lt;br /&gt;
The Justice Lokur-headed bench, in an interim order, asked high courts not to pass any order on pending land acquisition issues, thus stalling implementation of the February 8 judgment. It also requested other benches of the apex court to defer hearing on petitions on this issue.&lt;br /&gt;
&lt;br /&gt;
Former attorney-general Mukul Rohatgi provided the spark that reignited the “discipline” and “propriety” issue that has hurt unity among SC judges. Rohatgi said propriety demanded that the three-judge bench, if it did not agree with the earlier three-judge bench decision, send the issue for consideration before a larger bench. He said what was worse was that the same bench had been disposing of scores of cases based on the ruling given by it on February 8 in complete disregard of the farmers’ interest.&lt;br /&gt;
&lt;br /&gt;
Justice Joseph poured out his “painful concern” and said, “The Supreme Court operates on a system and principle which are holy. If you start tinkering with it, what will happen? Everyone must think about it — both judges and lawyers. We will go one day but the institution must go on forever. There is a method and procedure to be followed. If the Supreme Court has to be one, it has to be made one. To make it one, you need judicial discipline. “The Supreme Court is one and must not speak in 14 voices (indicating that the existing 14 benches must not speak differently on the judicial side). It is not good for the institution.”&lt;br /&gt;
Rohatgi recounted the right to privacy issue and said as attorney-general, he had argued before a five-judge bench that it could not decide the issue as an eight-judge bench had earlier ruled that privacy was not a fundamental right. “Overnight, a nine-judge bench was set up by the CJI which overruled the eight-judge bench decision. That is the procedure and discipline,” he said to rub it in.&lt;br /&gt;
&lt;br /&gt;
Senior advocate P S Patwalia, appearing for Haryana, defended the recent ruling of the Justice Arun Mishra-headed bench and said the law’s misuse was stopped by this judgment and Justice Joseph’s views were rather strong. Justice Joseph clarified, “It is not strong views but my painful concern. If one bench of the SC wants to correct an earlier ruling by another bench of identical strength, then there is a process to do it.” Rohatgi chipped in and said if the Pune Municipal Corporation judgment required to be reconsidered, the correct procedure would have been to refer it to a five-judge bench.&lt;br /&gt;
&lt;br /&gt;
The Supreme Court operates on a system and principles which are holy. If you start tinkering with it, what will happen?&lt;br /&gt;
&lt;br /&gt;
===Referral:  2-Judge Bench Pre-Empts 3-Judge Bench ===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F23&amp;amp;entity=Ar01212&amp;amp;sk=D8CDD9F6&amp;amp;mode=text  Dhananjay Mahapatra &amp;amp; Amit Anand Choudhary, Judicial discipline? It’s complicated, February 23, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
''2-Judge Bench Pre-Empts 3-Judge One From Passing Order For Referral''&lt;br /&gt;
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The knotty issue of ‘judicial discipline and propriety’ in contradictory judgments on land acquisition being tossed between two threejudge benches of the Supreme Court got further complicated on Thursday with two two-judge benches referring the matter to Chief Justice of India Dipak Misra for resolution by a larger bench.&lt;br /&gt;
&lt;br /&gt;
A threejudge bench headed by Justice Madan B Lokur had taken umbrage to a three-judge bench headed by Justice Arun Mishra on February 8 overruling a 2014 verdict given by another three-judge bench in the ‘Pune Municipal Corporation’ case, terming the earlier judgment as “per incurium”. Both the cases concerned land acquisition.&lt;br /&gt;
&lt;br /&gt;
Upon being told by senior advocate Mukul Rohatgi about the February 8 verdict, the bench led by Justice Lokur and comprising Justices Kurian Joseph and Deepak Gupta viewed it as breach of “judicial discipline and propriety”.&lt;br /&gt;
&lt;br /&gt;
Justices Lokur and Joseph, two of the four seniormost judges of the SC, were co-authors of the ‘Pune Municipal Corporation’ verdict.&lt;br /&gt;
&lt;br /&gt;
In an interim order, the Justice Lokur-headed bench requested other SC benches and high courts not to take up matters related to land acquisition dealt in the two contradictory judgments. It said it would decide the future course of action — whether to refer the matter to a larger bench.&lt;br /&gt;
&lt;br /&gt;
On Thursday, a land acquisition case was listed before a bench of Justices Arun Mishra and Amitava Roy and the threejudge bench’s interim order was brought to its notice.&lt;br /&gt;
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While stating that Wednesday’s interim order was a “sort of moral injunction” on them, Justice Mishra, who headed the three-judge bench that overruled the 2014 judgment, addressed the issue frontally and squarely. “We had taken a definite view that the 2014 judgment was ‘per incurium’ and it was permissible in law to take that view. We had pondered (while writing the February 8 judgment) over the issue — whether the matter required to be referred to a larger bench given the three-judge bench’s 2014 judgment, and then took a conscious decision (to term it ‘per incurium’ and overrule it). Whether it amounts to judicial discipline, or not, is for the larger bench to decide,” he said.&lt;br /&gt;
&lt;br /&gt;
Justices Mishra and Roy referred the matter to the CJI for adjudication by a larger bench, which most probably will be a five-judge bench. By this order, the Justice Mishra-led bench pre-empted the three-judge bench headed by Justice Lokur from passing order for referral to a larger bench.&lt;br /&gt;
&lt;br /&gt;
Justice Mishra said, “We have taken a considered view (in the February 8 judgment). It is over 200 pages. Probably, no one has read it but it (the judgment) has been targeted. First read and then analyse. ‘Judicial discipline’ has become a magic word to target us.”&lt;br /&gt;
&lt;br /&gt;
In another twist to fast-paced events in the SC, another two-judge bench of Justices Adarsh Goel and U U Lalit too rescheduled a land acquisition case on Thursday when it was informed by Rohatgi about Wednesday’s interim order by Justice Lokur’s bench.&lt;br /&gt;
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The bench ordered, “We are of the view that having with regard to the nature of the issues involved in the matter, the issues need to be resolved by a larger bench at the earliest. These matters may be placed before the appropriate bench on February 23 as per orders of the CJI.”&lt;br /&gt;
&lt;br /&gt;
=Late night hearings and judgements=&lt;br /&gt;
==Till 2015==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=SC-has-answered-two-more-midnight-knocks-31072015018031 ''The Times of India''], Jul 31 2015 &lt;br /&gt;
&lt;br /&gt;
''' SC has answered two more midnight knocks '''&lt;br /&gt;
&lt;br /&gt;
Mumbai serial bomb blasts convict Yakub Memon was not the first one to knock at the Supreme Court's door past midnight.&lt;br /&gt;
&lt;br /&gt;
What made Yakub's petition unprecedented was the one-and-a-half hour long postmidnight hearing that lasted till the crack of dawn. Earlier, the hearings after court hours were mainly held at the residence of the senior judge presiding over the bench.&lt;br /&gt;
&lt;br /&gt;
On April 8, 2013, lawyers of condemned prisoner at Jabalpur Central Jail, Maganlal Barela, who was to be hanged at dawn on April 9 for killing his children, successfully moved the SC close to midnight. Barela averted the gallows, after all preparations were made to hang him, after rejection of his mercy petition by the President. The fax from the SC con veying the stay on Barela's hanging reached jail authorities just five hours before the scheduled hanging.&lt;br /&gt;
&lt;br /&gt;
Similarly , Nithari rape-murder convict Surinder Koli was scheduled to hang on September 9, 2014. At the intervening night of September 8-9, his lawyers, led by Indira Jaising, woke up justices H L Dattu and A R Dave and placed before them Koli's petition seeking re-hearing of his review petition. A three-judge bench later stayed the execution and ordered open court hearing.&lt;br /&gt;
&lt;br /&gt;
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==2018, May: swearing-in of Karnataka government==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F05%2F17&amp;amp;entity=Ar00501&amp;amp;sk=677C98EE&amp;amp;mode=text    Naheed Ataullah &amp;amp; Dhananjay Mahapatra, Only the 2nd midnight hearing in SC history, May 17, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The dramatic post-midnight hearing marks only the second time in the judicial history of independent India that such an event has taken place. In the previous instance, a three-judge Supreme Court bench began hearing a petition seeking postponement of Yakub Memon’s execution at 3.24am on July 30, 2015. At 4.46am, Yakub’s final petition was dismissed.&lt;br /&gt;
&lt;br /&gt;
'''NOTE: As we have seen above, the case regarding the swearing-in of the Karnataka government was not the second late-night hearing, but perhaps the fourth.  See [[Karnataka: political history ]]&amp;gt; 2018 '''&lt;br /&gt;
&lt;br /&gt;
=Lawyers’ insinuations =&lt;br /&gt;
==2019: A denigration of the judiciary==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F31&amp;amp;entity=Ar00302&amp;amp;sk=7510F3AA&amp;amp;mode=text  Dhananjay Mahapatra, Insinuations by lawyers make our job hard, says SC, January 31, 2019: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
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Ringing the alarm bell, the Supreme Court said in a hard-hitting judgment that it was becoming increasingly difficult for judges to render justice in a fair, impartial and fearless manner because of insinuations made by advocates in cases of political importance.&lt;br /&gt;
&lt;br /&gt;
“Whenever any political matter comes to court and is decided, either way, political insinuations are attributed by unscrupulous persons/ advocates. Such acts are nothing but an act of denigrating the judiciary itself and destroys the faith of the common man which he reposes in the judicial system,” a bench of Justices Arun Mishra and Vineet Saran said in its 75-page judgment.&lt;br /&gt;
&lt;br /&gt;
Taking note of the tendency among some advocates to rush to the media from courtrooms, the bench said “hunger for cheap publicity is increasing” and termed it as anathema to the standards of the noble profession. “Statutory rules prohibit advocates from advertising and cater to press/media,” it said, adding it had become common to dish out “distorted versions of court proceedings”.&lt;br /&gt;
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'''JUSTICE DELIVERY'''&lt;br /&gt;
&lt;br /&gt;
''Cases cannot decided by media trial, says apex court''&lt;br /&gt;
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This had a chilling effect on judges who could not go to the media with their point of view, the bench said. “It is making it more difficult to render justice in a fair, impartial and fearless manner,” the bench said and complained that making public accusations against judges was a tactic adopted by unscrupulous elements to “influence the judgment and even to deny justice with ulterior motives”.&lt;br /&gt;
&lt;br /&gt;
In the last year, apex court judges have faced a lot of insinuations from activist lawyers while dealing with politically sensitive matters — plea of Muslim parties for reference of Ayodhya land dispute to a five-judge bench, petition seeking quashing of UAPA charges against social activists including Sudha Bharadwaj and Gautam Navlakha, plea for SIT probe into judicial officer B H Loya’s alleged suspicious death, PILs for probe into Rafale jet purchase and petitions challenging the Centre’s decision to divest then CBI director Alok Verma of his powers.&lt;br /&gt;
&lt;br /&gt;
“Something has to be done by all concerned to revamp the image of the bar,” the SC said. Writing the judgment for the bench, Justice Mishra said, “It is impermissible to malign&lt;br /&gt;
&lt;br /&gt;
the system itself by attributing political motives and false allegations against the judicial system and its functionaries. Judges who are attacked are not supposed to go to the press or media to ventilate their point of view.”&lt;br /&gt;
&lt;br /&gt;
Taking note of hype created in media by certain advocates in matters of political importance, the SC said, “Cases cannot be decided by media trial... No outside interference is permissible. A lot of sacrifices are made to serve the judiciary for which one cannot regret as it is with a purpose and to serve judiciary is not less than the call of military service.&lt;br /&gt;
&lt;br /&gt;
“For the protection of democratic values and to ensure that rule of law prevails in the country, no one can be permitted to destroy the independence of the system from within or outside... Let each of us ensure our own institution is not jeopardised by the blame game and make an endeavour to improve upon its own functioning and independence.”&lt;br /&gt;
&lt;br /&gt;
The SC was testing the validity of the rule framed by Madras high court empowering it to debar an advocate to control situations which arose in the past, including shouting of slogans, using foul language against judges and vandalism. Though anguished by past conduct of lawyers in the HC, it struck down the rule and said the HC could not usurp disciplinary powers vested in bar councils.&lt;br /&gt;
&lt;br /&gt;
=Political interference=&lt;br /&gt;
==1967-2018==&lt;br /&gt;
Difficulty of being CJI in the shadow of politics over removal&lt;br /&gt;
&lt;br /&gt;
Dhananjay.Mahapatra 02 April 2018 The Times of India &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Renowned lawyer and senior Congress MP Kapil Sibal [in March 2018] accused the NDA government of “continuously assaulting the judiciary” while echoing Justice Jasti Chelameswar’s view that the Centre was “putting collegium recommendations on the back burner if the names are not to its liking”.&lt;br /&gt;
&lt;br /&gt;
Sibal was quoted as saying in a media report, “They have first filled educational institutions with R S S pracharaks. Now, they are trying to infiltrate the judiciary with people having such mindset.”&lt;br /&gt;
&lt;br /&gt;
A few weeks ago, Sibal had retorted to CJI Dipak Misra’s courtroom comment that he must read history by saying he was both a student and teacher of history. Sibal is well versed in the judiciary’s history too, we are sure. Probably, he needs to refresh his memory, especially because he is among the few in Congress strenuously pushing for moving a removal motion against CJI Misra in Parliament.&lt;br /&gt;
&lt;br /&gt;
The January 12 press conference by senior SC judges led by Justice Chelameswar against the CJI had attracted magnetic support from Left leaders friendly to a rebel judge. The Congress, in the process of replacing old warhorses with prime stallions to keep the party chariot competitive for the derby of general elections, decided to cash in on the situation as many important cases, including politically usable Ayodhya and death of judge B H Loya, were being heard by a CJI-led bench.&lt;br /&gt;
&lt;br /&gt;
Some Congress lawyer-MPs saw the opportunity to hit hard with a removal motion as the judiciary was red hot with an internal dissension fuelled by one person’s insatiable desire to wreak vengeance because he could not become CJI. Personal ambitions surely cause disturbances in the normal functioning of a system, be it judiciary or politics. And we surely don’t deny what Justice Chelameswar said in his March 21 letter, quoting Robert H Jackson, that “men are more often bribed by their loyalties and ambitions than by money”.&lt;br /&gt;
&lt;br /&gt;
Attempts are on to get the draft motion signed by 50 Rajya Sabha MPs, the number required for moving it in Parliament. Before we refer to pages of judicial history to understand Sibal’s comment that the NDA government is trying to fill judiciary with “such mindset”, a discussion on the fallout of a removal motion against the CJI will help understand the gravity of the situation.&lt;br /&gt;
&lt;br /&gt;
Today, the Congress with 54 MPs in RS may well be able to bring a removal motion against the CJI, howsoever frivolous or imaginary the charges may be. Tomorrow, the NDA, which too has more than 50 MPs in RS, could cook up some charge to bring a removal motion against the No.2 in the SC. Another party can start a campaign for a removal motion against the third in the SC hierarchy.&lt;br /&gt;
&lt;br /&gt;
Where will it end? Which judge will willingly become CJI in such a dreadful scenario and risk his dignity and reputation? Worse, will this kind of political one-upmanship not force a judge to ensure political support before becoming CJI to counter threats of removal?&lt;br /&gt;
&lt;br /&gt;
Bringing a removal motion against a CJI or a judge based on unverified charges has a numbing effect on the institution and stunts public faith in it. Lawyers become MPs not because they are great politicians. Success in court brings them money and fame, accelerating their rise in political parties. When they attempt to cow down the judiciary by casting a shadow through a phantom removal motion, it is akin to an assault on the very tree that nurtured their growth.&lt;br /&gt;
&lt;br /&gt;
Unlike today’s Congress, led by a youthful president Rahul Gandhi, the party split in 1969 after a bitter war between veterans on one side and the young Turks on the other led by Indira Gandhi. The split reduced her government to a minority, but she continued as PM with support from Left parties. The landmark SC decision in Golaknath case in 1967 curtailing Congress government’s power to amend the Constitution and the political red nose caused by the 1970 Privy Purses judgment forced Indira to call mid-term polls.&lt;br /&gt;
&lt;br /&gt;
A heady 352 seats in Lok Sabha in 1971 strengthened her resolve to infiltrate the SC with “committed judges”. The task was meticulously carried out by law minister H R Gokhale, the Bombay HC judge turned politician; steel and mines minister S Mohan Kumaramangalam, a barrister and earlier a prominent communist leader; and S S Ray, another barrister and a close confidant of Indira.&lt;br /&gt;
&lt;br /&gt;
To overrule an 11-judge bench decision in the Golaknath case, the SC decided to set up a 13-judge bench for Kesavananda Bharati case. Eight SC judges were appointed just before the hearing in Kesavananda case began to ensure most of them found place in the 13-judge bench for a favourable ruling.&lt;br /&gt;
&lt;br /&gt;
Justice P Jaganmohan Reddy in his book ‘We Have Republic’ wrote, “Of these eight, two were said to be Gokhale’s nominees (D G Palekar and Y V Chandrachud of Bombay HC); one of Kumaramangalam (K K Mathew of Kerala); two of Ray (S C Roy and A K Mukherjea) and two from the PM (M H Beg and S N Dwivedi); only one was CJI S M Sikri’s nominee (H R Khanna). One died before the case was heard. Of the seven who heard the case, five upheld the government’s point of view.&lt;br /&gt;
&lt;br /&gt;
A legendary researcher on SC judges, George H Gadbois, wrote, “Seven of the nine Sikri era appointees were members of the Kesavananda bench, and five of these did support what can be considered the government’s wishes. But they were in the minority with A N Ray. Khanna, who cast the deciding vote, and Mukherjea joined the five pre-Sikri era court appointees in the majority.”&lt;br /&gt;
&lt;br /&gt;
The 7-6 majority carved out the basic structure doctrine while fortifying and reinforcing Golaknath judgment much to the chagrin of Indira, whose government wreaked vengeance a day after the Kesavananda judgment was delivered on April 23, 1973, by announcing that A N Ray, fourth senior most SC judge, would be the new CJI to supersede K S Hegde, J M Shelat and A N Grover. The three resigned. The judiciary was to endure many painful wounds inflicted by Congress governments in the succeeding years. We will narrate those some other time. The above example is meant to refresh Sibal’s memory about “assault on judiciary”.&lt;br /&gt;
&lt;br /&gt;
As a celebrated lawyer, Sibal should discharge his debt for the fame he has earned through the judiciary. He has ability, knowledge and craftsmanship to differentiate himself from hawkish politicians, whose feathers resemble those of Gokhale, Kumaramangalam and Ray. The choice is his.&lt;br /&gt;
&lt;br /&gt;
=Preferential listing of star lawyers’ cases=&lt;br /&gt;
==Not done for Ram Jethmalani/ Ansal==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Star-lawyers-may-not-get-to-jump-queue-04032017001044  Dhananjay Mahapatra, Star lawyers may not get to jump queue, March 4, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Star lawyers getting preferential listing of cases of rich and famous clients in the Supreme Court is a trend that could be reversed under the new Chief Justice of India J S Khehar (in pic), as renowned lawyer Ram Jethmalani found out.&lt;br /&gt;
&lt;br /&gt;
In the past, engaging top lawyers to steal a march over others in getting cases listed for early hearing usually worked, with previous CJIs acting in deference to the stature of the lawyers.&lt;br /&gt;
&lt;br /&gt;
Khehar, however, has emphasised procedural equality since taking over. Time and again, he has told lawyers requesting early hea ring that their clients would not be permit ted to jump the queue.&lt;br /&gt;
&lt;br /&gt;
Friday provided more evidence of this when Jethmalani, appearing for Gopal Ansal (convicted in the Uphaar case), requested urgent listing of the tycoon's application seeking reduction of the jail term awarded to him. The court also rejected Ansal's plea for exten sion of his surrender deadline of March 9 to serve the remaining part of his one-year sentence.&lt;br /&gt;
&lt;br /&gt;
Jethmalani had sought urgent listing of Gopal's plea seeking parity in sentence with his elder brother Sushil Ansal, who was let off by the court on February 9 saying the sentence already undergone by him was adequate punishment keeping in view his age and ailments. Jethmalani had said Gopal too was old and suffered age-related ailments and, hence, was entitled to parity in sentence. The CJI had said the application would be listed on Friday if the SC registry found no objection. But the registry did find objections and the matter was not listed on Friday .&lt;br /&gt;
&lt;br /&gt;
Jethmalani complained about it to the CJI on Friday and sought urgent listing and said the court should extend the surrender deadline in the alternative. Justice Khehar firmly told Jethmalani that there was a procedure for everyone to follow. “If the registry has found objections and refused to list the matter, Jethmalani's client can appeal against the registry's order,“ the CJI said and refused to bestow any preferential treatment to the noted lawyer.&lt;br /&gt;
&lt;br /&gt;
=Rape=&lt;br /&gt;
== No liberal approach , mediation or compromise in rape cases : SC ==&lt;br /&gt;
[http://www.dailyexcelsior.com/no-liberal-approach-mediation-or-compromise-in-rape-cases-sc/ Daily Excelsior , No liberal approach , mediation or compromise in rape cases : SC &amp;quot;Daily Excelsior&amp;quot; 2/7/2015]&lt;br /&gt;
&lt;br /&gt;
It would be a “spectacular error” to adopt a soft approach on cases of rape or attempt to rape and there cannot be any compromise or mediation in such cases, the Supreme Court said in a stern message today.&lt;br /&gt;
&lt;br /&gt;
“When a human frame is defiled, the ‘purest treasure’, is lost. Dignity of a woman is a part of her non-perishable and immortal self and no one should ever think of painting it in clay. There cannot be a compromise or settlement as it would be against her honour which matters the most,” a bench headed by Justice Dipak Misra said.&lt;br /&gt;
&lt;br /&gt;
“We would like to clearly state that in a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of.&lt;br /&gt;
&lt;br /&gt;
“These are crimes against the body of a woman which is her own temple. These are offences which suffocate the breath of life and sully the reputation. And reputation, needless to emphasise, is the richest jewel one can conceive of in life. No one would allow (it) to be extinguished,” the bench, which also comprised Justice Prafulla C Pant, said.&lt;br /&gt;
&lt;br /&gt;
The strong remarks came as the apex court criticised a Madhya Pradesh High Court judge who was influenced by the compromise entered into between the accused Madan Lal and the parents of the seven-year-old victim and had set aside the conviction and five-year sentence for the rape. (PTI)&lt;br /&gt;
&lt;br /&gt;
= Religious bias=&lt;br /&gt;
==SC objects to Bombay HC citing religious identity of victim to grant bail to accused==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/violence-in-name-of-religion-cannot-be-justified-supreme-court/articleshow/62934313.cms  Amit Anand Choudhary, Violence in name of religion cannot be justified: Supreme Court, February 15, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''HIGHLIGHTS'''&lt;br /&gt;
&lt;br /&gt;
Judiciary must be fully conscious of the plural composition of the country while adjudicating issues pertaining to rights of various communities: SC&lt;br /&gt;
&lt;br /&gt;
SC bench quashed the order of the Bombay high court granting bail to accused for allegedly killing a Muslim youth in 2014&lt;br /&gt;
&lt;br /&gt;
“The fault of the deceased was only that he belonged to another religion. I consider this factor in favour of the accused ... ,” the Bombay High Court had said in its order while granting bail to three accused belonging to Hindu Rashtra Sena for allegedly killing a Muslim youth in 2014. &lt;br /&gt;
&lt;br /&gt;
Taking exception to the observation made by the high court, the Supreme Court on Thursday said that such remarks were uncalled for and reminded that the judiciary must be fully conscious of the plural composition of the country while adjudicating issues pertaining to rights of various communities. It said that any kind of violence in the name of religion or community could not be justified. &lt;br /&gt;
&lt;br /&gt;
A bench of Justices SA Bobde and L Nageswara Rao quashed the order of the Bombay high court granting bail to the accused saying that there was little discussion on the other relevant factors relating to granting or withholding bail in a murder case. It asked the the high court to reconsider the bail plea of the accused afresh as per law on merit without being influenced by any extraneous reason. &lt;br /&gt;
&lt;br /&gt;
“We have carefully perused the impugned order(s) granting bail and we find that there is little reference to/or discussion on the merits of the bail applications but we are satisfied that the significant reason for release is mainly the one stated above. We find that the aforesaid reason can, on a fair reading, be understood or misunderstood almost as a mitigating circumstance or a kind of a justification for the murder and it is obvious that the fact that the deceased belonged to a certain community cannot be a justification for any assault much less a murder,” the bench said. &lt;br /&gt;
&lt;br /&gt;
“While it may be possible to understand a reference to the community of the parties involved in an assault, it is difficult to understand why it was said that ‘the fault of the deceased was only that he belonged to another religion’ and further ‘I consider this factor in favour of the applicants/accused.’ We have no doubt that a court fully conscious of the plural composition of the country while called upon to deal with rights of various communities, cannot make such observations which may appear to be coloured with a bias for or against a community,” it said. &lt;br /&gt;
&lt;br /&gt;
“It is possible that the learned Judge wanted to rule out a personal motive against the victim, but only emphasize communal hatred. It is also possible that the learned single judge may not have intended to hurt the feelings of any particular community or support the feelings of another community but the words are clearly vulnerable to such criticism. The direction cannot be sustained,” the court said. &lt;br /&gt;
&lt;br /&gt;
The high court had on January 12 last year granted bail to Vijay Gambhire, Ganesh Yadav and Ajay Lalge, accused of murdering 28-year-old Mohsin Shaikh on June 2, 2014 in Pune. As per the prosecution, the trio had attended a meeting of Hindu Rashtra Sena to protest against defiling of a statue of Chhatrapati Shiva-ji Maharaj. The accused armed with hockey sticks and bats roamed the streets on the night of June 2 when they came across Shaikh and thrashed him to death. &lt;br /&gt;
&lt;br /&gt;
Their bail plea was rejected by lower court but the high court granted them relief. &amp;quot;The meeting was held prior to the incident of assault. The accused otherwise had no other motive such as any personal enmity against the innocent deceased Mohsin. The fault of the deceased was only that he belonged to another religion. I consider this factor in favour of the accused. Moreover, the accused do not have criminal record and it appears that in the name of the religion, they were provoked and have committed the murder,” a bench of Justice Mridula Bhatkar had said.&lt;br /&gt;
&lt;br /&gt;
=Remarks by judges during hearings=&lt;br /&gt;
==2018==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F08%2F13&amp;amp;entity=Ar01406&amp;amp;sk=B2A238CC&amp;amp;mode=text  Dhananjay Mahapatra, PILs infecting judiciary with off-the-cuff remark fever, August 13, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Once upon a time, the Supreme Court’s stray caustic remarks during hearing of a PIL or a petition involving an important social or political issue was taken very seriously by the public, the government and the legislature. Media used to headline the comments.&lt;br /&gt;
&lt;br /&gt;
Newspapers and TV channels still headline such caustic remarks, which now fly thick and fast from the SC and HCs on a daily basis. But these have lost their salutary effect.&lt;br /&gt;
&lt;br /&gt;
An SC bench led by Justice Madan B Lokur, infuriated by the frustratingly lackadaisical approach of authorities towards proper garbage disposal, asked why not dump the garbage at Raj Niwas, the official residence of Delhi’s lieutenant governor. One may be tempted to ask, why not Rashtrapati Bhavan, since the President is the head of the country and also lives in Delhi?&lt;br /&gt;
&lt;br /&gt;
Incidents of rape, that too by those who were guardians to hapless girls who had no one to run to, made the Justice Lokur-led bench to remark that “rapes are happening left, right and centre in India”. Are they? Incidents of assault on women are on the rise and do ring alarm bells. But when the SC says rape is rampant, it surely sends a signal to the world to brand India as unsafe for women.&lt;br /&gt;
&lt;br /&gt;
The same bench, while hearing a PIL on extra-judicial killings in Manipur, summoned the director of CBI, which had been entrusted with probing the killings widely perceived to be excesses by armed forces.&lt;br /&gt;
&lt;br /&gt;
To the bench’s question why the accused had not been arrested, the director said once chargesheet was filed, it was for the court to either send them to custody or grant them bail. Noticing that chargesheets had Section 302 IPC charges, the bench remarked that “murderers are allowed to roam free”. The SC bench forgot to use ‘alleged’ before ‘murderers’ to soften its un-required punch.&lt;br /&gt;
&lt;br /&gt;
This had its adverse impact on the armed forces, whose personnel put their lives on the line in disturbed areas to allow the legislature, the executive and the judiciary to function without the fear of ultras. Moreover, it is common knowledge that an accused is presumed innocent till he is pronounced guilty. How would the SC respond if one of the accused in the chargesheet moves an application and asks since the apex court has already termed him a ‘murderer’, would he get justice from the trial court.&lt;br /&gt;
&lt;br /&gt;
The SC has been freely making remarks against the executive and, in a few cases, against the legislature. In contrast, it has been very sensitive towards comments made against judges. It did not spare sitting Calcutta HC judge C S Karnan for making it a habit to launch diatribes against Supreme Court and high court judges and sent him to jail.&lt;br /&gt;
&lt;br /&gt;
When a Rajasthan HC judge made disparaging remarks against the HC chief justice in a judicial proceeding (State of Rajasthan vs Prakash Chand [1998 (1) SCC 1]), the SC came down heavily on him for breach of discipline. It said, “It is unbecoming of a judge of HC to travel out of the confines of the issue before him and to fish out material to unjustifiably malign someone, more particularly when that someone happens to be the one who is the head of the judicial family in the HC. We most strongly deprecate this practice.” Probably, PILs allow judges to take a 360-degree view than limit themselves to the subject matter of the case in hand!&lt;br /&gt;
&lt;br /&gt;
When the SC makes caustic observations, does it spare a thought that it might be hurting those bureaucrats who honestly do their jobs but are not succeeding in achieving desired results given the enormity of problems. When the SC has the licence to make such remarks, would HCs remain far behind?&lt;br /&gt;
&lt;br /&gt;
Recently, the Uttarakhand HC made news by giving the Ganga living entity status. It also ruled that animals had rights equal to that of human beings. Just a few days ago, the HC threatened to turn the oldest tiger reserve, Corbett National Park, into a race track for cars as the government had not evicted forest-dwelling communities and had failed to protect animals.&lt;br /&gt;
&lt;br /&gt;
Given the stinging observations of the SC, no doubt intended to solve problems, attorney general K K Venugopal sounded a caution and told the bench that there should be an impact assessment of orders on PILs at the ground level. He said before passing sweeping orders, the courts must examine impact on employment, investment and morale of the workforce.&lt;br /&gt;
&lt;br /&gt;
Interestingly, the SC nearly three decades ago had made a virtue of judicial restraint. In A M Mathur vs Pramod Kumar Gupta [1990 (2) SCC 533], it had said, “Judicial restraint and discipline are as necessary to the orderly administration of justice as they are to the effectiveness of the army. “This quality in decision making is as much necessary for judges to command respect as to protect the independence of the judiciary. Judicial restraint in this regard might better be called judicial respect, that is, respect by the judiciary.&lt;br /&gt;
&lt;br /&gt;
“Respect to those who come before the court as well to other coordinate branches of the state — the executive and the legislature. There must be mutual respect. When these qualities fail or when litigants and public believe that the judge has failed in these qualities, it will be neither good for the judge not for the judicial process.&lt;br /&gt;
&lt;br /&gt;
“The judges have absolute and unchallengeable control of the court domain. But they cannot misuse their authority by intemperate comments, undignified banter or scathing criticism of counsel, parties or witnesses. We concede that the court has the inherent power to act freely upon its own conviction on any matter coming before it for adjudication, but it is a general principle of the highest importance to the proper administration of justice that derogatory remarks ought not to be made against persons or authorities whose conduct comes into consideration unless it is absolutely necessary for the decision of the case.”&lt;br /&gt;
&lt;br /&gt;
These lines, said 28 years ago, still hold good for judiciary, if it wants to command respect from the public, the executive and the legislature.&lt;br /&gt;
&lt;br /&gt;
=Sealed cover proceedings=&lt;br /&gt;
==Adopted by the SC since 2000==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/sc-has-relied-on-sealed-cover-proceedings-in-several-cases-gujarat-riots-2g-coal-scam-cbi-rafale/articleshow/66801761.cms  Dhananjay Mahapatra, SC has relied on sealed cover proceedings in several cases – Gujarat riots, 2G, coal scam, CBI &amp;amp; Rafale, November 26, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
To prevent further damage to the CBI’s public image, already sullied by incessant mudslinging between CBI director Alok Verma and his deputy Rakesh Asthana, the Supreme Court had resorted to ‘sealed cover proceedings’ while asking all parties to maintain strict confidentiality. &lt;br /&gt;
&lt;br /&gt;
After a bench led by CJI Ranjan Gogoi ordered ‘strict confidentiality’, three CBI officers had filed applications challenging their transfers out of Delhi immediately after the Centre sent both Verma and Asthana on leave. &lt;br /&gt;
&lt;br /&gt;
The last application was by an IPS officer with 18 years experience. He did little justice to his experience as a police officer by relying on ‘unverified’ statement of Hyderabad-based businessman Sathish Babu Sana to make ‘shocking’ allegations against Asthana, the CVC, the NSA, a Union minister, the law secretary and a RAW special secretary. &lt;br /&gt;
&lt;br /&gt;
The real facts behind these ‘shocking’ allegations need to be found out. We also must know what impelled the IPS officer to level these allegations when the SC through ‘sealed cover proceedings’ was scrutinising the CVC report’s which contained “not so complimentary and very uncomplimentary’ remarks against Verma. &lt;br /&gt;
&lt;br /&gt;
But the ‘sealed cover proceedings’ appears to have disturbed some, who are questioning its efficacy. The same people have expressed similar doubts over sealed cover proceedings adopted by the SC in scrutinising the Rafale deal. Since 2000, ‘sealed cover’ proceedings have been adopted by the SC in Gujarat riot cases, the 2G spectrum allocation scam and the coal block allocation scam. &lt;br /&gt;
&lt;br /&gt;
In post-Godhra riots cases, R K Raghavan headed SIT had filed several sealed cover status reports before the SC. As the SC was gunning for the Gujarat government then headed by Narendra Modi, Raghavan was hailed as an independent investigator by social activists and their activist lawyers as media reported the summary of the contents of almost every SIT report. &lt;br /&gt;
&lt;br /&gt;
One SIT report unfortunately talked about an activist peddling exaggerated stories about riot victims as also tutoring witnesses. Reporting of this SIT report caused much discomfort. The activists’ lawyer vociferously and repeatedly pleaded with the SC to initiate contempt proceedings against the reporter for revealing details of the ‘sealed cover’ report. &lt;br /&gt;
&lt;br /&gt;
In arbitrary allocation of 2G spectrum by UPA government in 2008, the SC had routinely scrutinised ‘sealed cover’ CBI probe status reports. No one questioned the efficacy of such proceedings then. &lt;br /&gt;
&lt;br /&gt;
The SC yet again adopted ‘sealed cover’ proceedings to monitor CBI probe into coal block allocations under the UPA regime. The then PM too has been made an accused in the case, though the trial against him has been stayed since 2015 by the SC. &lt;br /&gt;
&lt;br /&gt;
Before the ex-PM was made an accused, the CBI made a startling admission on April 30, 2013 — probe status reports, prior to submission to the SC, were vetted by then law minister and two joint secretary level officers, one in the PMO and the other in the coal ministry. &lt;br /&gt;
&lt;br /&gt;
On May 8, 2013, the SC recorded, “The draft status report was shared with the law minister, law officers and two joint secretary level officers and at their instance some changes were made. Some of the changes made in these draft status reports are significant.” Changes related to CBI’s PE2, which was on alleged irregularities in coal block allocations during 2006-09, when the ex-PM held the coal portfolio. &lt;br /&gt;
&lt;br /&gt;
Those who had subjugated the CBI director, illegally vetted and audaciously made vital changes in the probe status report are now vociferous while shedding crocodile tears for the danger to the CBI’s autonomy. We hope there will be constructive criticism of a decision by the court rather than nitpicking over ‘sealed cover proceedings’. &lt;br /&gt;
&lt;br /&gt;
A majority of politicians and activists behave according to the season and circumstances. Very few rise above the surroundings to work for greater common good. It reminds us of a small story: Once a king dreamt of an owl flapping around his throne. None in the durbar could decipher the dream. The king announced a handsome reward of 10 gold coins. A long distance away, a farmer resting under a tree was day-dreaming of the reward. A bird on the tree told the farmer she would share the dream’s meaning if he agreed to share the reward. Farmer agreed. Bird said betrayal and treachery rules the roost in the kingdom. The farmer told the king what the dream meant. The king found it in sync with intelligence reports. The farmer’s happiness fizzled out as soon as he neared home as the thought of giving the bird five gold coins was gnawing him. He took an alternative road home. &lt;br /&gt;
&lt;br /&gt;
A year later, the king saw another dream. A knife revolving around his throne. He sent for the farmer, who ran straight to the bird, apologised for betraying her the last time, and promised to share the booty this time. The bird said the dream meant violence would erupt in the kingdom. Satisfied with the meaning of the dream, the king gave 20 gold coins to the farmer. The man was sadder this time and working himself into a fury by repeatedly asking – what will a bird do with 10 gold coins? While heading home, he picked up a stone. As he neared the tree and the moment the bird asked for her share, the man aimed the stone at her. The bird flew away. &lt;br /&gt;
&lt;br /&gt;
Next year, the king dreamt of a dove flying around his throne and again sent for the man, who ran to the tree, and profusely apologised for his treacherous and violent actions in the past. In bargain for same promise to share the reward, the bird said this time there is peace in the kingdom and the king could take up welfare works for citizens. A happy king rewarded the farmer with 50 gold coins. The man went straight to the tree, gave all the gold coins to the bird and sought forgiveness. &lt;br /&gt;
&lt;br /&gt;
The bird smiled and said gold coins were of no use to her. But few men can rise above the surroundings and prevailing atmosphere to behave like real men, she said and told the farmer to strive to be a real man who remains uninfluenced by the atmosphere of distrust and conspiracy. Prior to every election, politicians across the political landscape behave alike and trade charges against each other with the sole aim of winning votes. We hope times will change.&lt;br /&gt;
&lt;br /&gt;
= Sentences, concurrent or consecutive?=&lt;br /&gt;
==If for non-payment of fines, then consecutive/ 2018== &lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F09%2F22&amp;amp;entity=Ar01612&amp;amp;sk=5F1190DB&amp;amp;mode=text  Dhananjay Mahapatra, Sentences for non-payment of fine to run consecutively: SC, September 22, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
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The Supreme Court ruled that if a convict fails to pay the fines imposed on him for separate offences, the sentences for default in payment would run consecutively not concurrently.&lt;br /&gt;
&lt;br /&gt;
Five persons, convicted under Maharashtra Control of Organised Crime Act (MCOCA), were fined Rs 5 lakh each under three sections of MCOCA and upon default, they were to undergo imprisonment of three years for each section.&lt;br /&gt;
&lt;br /&gt;
In an appeal before a bench of Justices Abhay Manohar Sapre and Uday Umesh Lalit, senior advocate Colin Gonsalves said the cumulative fine was Rs 15 lakh and upon default, the convicts had to undergo further imprisonment of nine years, even after serving 14 years in jail. Gonsalves pleaded that the default sentences must run concurrently, that is for three years.&lt;br /&gt;
&lt;br /&gt;
Writing the judgment for the bench, Justice Lalit referred to provisions of Criminal Procedure Code and said, “The idea is clear, the default sentence is not to be merged with or allowed to run concurrently with a substantive sentence. Thus, the sentence of imprisonment for nonpayment of fine would be in excess of or in addition to the substantive sentence.”&lt;br /&gt;
&lt;br /&gt;
Explaining why the sentences should run consecutively and not concurrently, he said, “Theoretically, if the default sentences awarded in respect of imposition of fine in connection with two or more offences are to be clubbed or directed to run concurrently, there would not be any occasion for the person so sentenced to deposit the fine in respect of the second or further offences. It would effectively mean imposition of one single or combined sentence of fine. Such an exercise would render the very idea of imposition of fine with a deterrent stipulation while awarding sentence in default of payment of fine to be meaningless.”&lt;br /&gt;
&lt;br /&gt;
Referring to the case at hand, the bench said if default sentences awarded in respect of each of those three counts under MCOCA were directed to run concurrently, the accused may not be inclined to deposit fine for two of the three counts.&lt;br /&gt;
&lt;br /&gt;
=See also=&lt;br /&gt;
[[Supreme Court: India]] (mainly SC's rulings)&lt;br /&gt;
&lt;br /&gt;
[[Supreme Court, India: Administrative issues]]&lt;br /&gt;
&lt;br /&gt;
[[Supreme Court: India: Chief Justices]]&lt;br /&gt;
&lt;br /&gt;
[[Supreme Court: India: Sitting judges]]&lt;br /&gt;
&lt;br /&gt;
[[Judicial appointments, senior: India]] mainly the Collegium debate&lt;br /&gt;
&lt;br /&gt;
[[Judiciary: India (powers, functions)]]&lt;br /&gt;
&lt;br /&gt;
[[Judiciary, superior: India]]&lt;br /&gt;
&lt;br /&gt;
[[Judiciary: India]]&lt;br /&gt;
&lt;br /&gt;
[[Witness protection: India]]&lt;/div&gt;</summary>
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		<summary type="html">&lt;p&gt;Shivam: /* 2018, Jan: Four SC judges’ press conference */&lt;/p&gt;
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=Article 142 in The Constitution Of India 1949=&lt;br /&gt;
142. ''' Enforcement of decrees and orders of Supreme Court ''' and unless as to discovery, etc &lt;br /&gt;
&lt;br /&gt;
( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe&lt;br /&gt;
&lt;br /&gt;
(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself&lt;br /&gt;
&lt;br /&gt;
==‘A tool for judicial dictatorship’ ==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=OPINION-Article-142-cant-be-tool-for-judicial-03042017002030      C A Sundaram| Article 142 can't be tool for judicial dictatorship Apr 03 2017 : The Times of India (Delhi)]&lt;br /&gt;
&lt;br /&gt;
'' (The writer is a Supreme Court lawyer) '' &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
As a committed democrat, I believe that an inefficient democracy is preferable to an efficient dictatorship and any form of absolutism, even by the judiciary, is unacceptable.&lt;br /&gt;
&lt;br /&gt;
The anathema of democracy is dictatorship, whether in the hands of an individual, a group or an institution. The very soul of a democracy is that the people's will is supreme. Howsoever wise be the 30 adorning the apex court and howsoever noble their motives, they can never speak for 1.2 billion people who speak through their representatives in the legislature.&lt;br /&gt;
&lt;br /&gt;
It is not a case of comparative wisdom or intellect since democracy itself owes its origins in Greece to the revolt against the rule of the intelligentsia. It is for this very reason that the founding fathers of our Constitution provided strictly for the separation of powers, which would maintain a balance and protect against any one institution overpowering or dominating the others.&lt;br /&gt;
&lt;br /&gt;
How then can 30 wise but unelected people exercise powers akin to legislation? More so, when the selection of future members into this august group is decided by five of their wisest, with none else given a me aningful role in such appointments. Such power to self-propagate has also been conferred by their own judgments.&lt;br /&gt;
&lt;br /&gt;
While the independence of the judiciary is to be strictly protected, with it comes the responsibility of acting within constitutional boundaries and resisting the temptation to venture into the terrain of other institutions in the absence of viola tion of constitutional and legal principles.&lt;br /&gt;
&lt;br /&gt;
Over the recent past, however, increasing powers are traced to Article 142 to decide a host of issues that would fall within the domain of other institutions. The exercise of such powers with no one to turn to against such exercise except the very body that had exercised the powers in the first place is certainly not democratic and bor ders on authoritarianism or at the very least, rule of the intelligentsia.&lt;br /&gt;
&lt;br /&gt;
Article 142 is an extraordinary power to be sparingly used where there is a legislative or executive void and comes into play when the conclusion is founded on statute or law but a remedy has to be created. Surely , its purpose is not replacing the wisdom of other institutions with that of the judiciary .&lt;br /&gt;
&lt;br /&gt;
''' The recent judgment ''' of the apex court overriding the objections of the states has also prohibited luxury hotels within 500 metres of a highway from serving liquor in restaurants, banquet halls or even to guests in their rooms.&lt;br /&gt;
&lt;br /&gt;
To name a few, Aero City in Delhi, Leela in Mumbai, and Grand Chola in Chennai are all subject to this embargo.Members cannot have a drink in iconic clubs like the Gymkhana. Even more surprising is that this fatwa was passed in a litigation expressing concern over liquor shops operating on the fringe of highways proving a temptation to passing motorists and encouraging drunk driving.&lt;br /&gt;
&lt;br /&gt;
The judgment was surprising as it is highly likely that a person going to Bukhara for dinner does so to break the monotony of his driving or that the hotel guest having a nightcap would be tempted to rush out and start driving.&lt;br /&gt;
&lt;br /&gt;
That stopping such people from drinking would make the highway safer defies logic. If it was to enforce a prohibition on the consumption of liquor, it was beyond the powers of the court and in the domain of the legislature. The only source relied on for the exercise of such power by the court is Article 142 of the Constitution which empowers it to pass orders to do complete justice to parties. Today it has become as uncertain and elastic in its use as an anteater's tongue.&lt;br /&gt;
&lt;br /&gt;
It is certainly not to decide that it would be more - wholesome for the populace if hotels legally built and legally serving numerous needs ought not to serve liquor since they may be used as a watering hole by thirsting motorists.&lt;br /&gt;
&lt;br /&gt;
==Art 142 used to end marriage after wife skips hearings==&lt;br /&gt;
[http://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2017%2F12%2F15&amp;amp;entity=Ar01703&amp;amp;sk=346BF5BD&amp;amp;mode=text  AmitAnand Choudhary, SC invokes extraordinary powers to end marriage after woman skips hearings, December 15, 2017: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Supreme Court dissolved a marriage after the wife refused to respond to its notice to appear in court to contest the case. The husband had been fighting a legal battle for the last three years after his wife withdrew her consent for divorce after filing a joint petition in the family court.&lt;br /&gt;
&lt;br /&gt;
A bench of Justices R K Agrawal and Abhay Manohar Sapre invoked the SC’s extraordinary power granted under Article 142 to dissolve the marriage without hearing the wife as she refused to respond to its notice issued on the husband’s plea. The court said she was not interested in keeping the marital relationship alive and allowed the husband’s divorce plea. Article 142 empowers the SC to pass order as is necessary for doing complete justice in any cause or matter pending before it. The couple got married in 2013 but the relationship soured soon after and they agreed to separate. They filed a joint petition in the family court seeking dissolution of marriage through mutual consent. The wife thereafter did not appear before the court which finally dismissed the petition. The man then approached the High Court of Judicature at Hyderabad which refused to grant him divorce after his wife’s lawyer contended that she had not given consent.&lt;br /&gt;
&lt;br /&gt;
Agreeing to examine his plea, the apex court had issued a notice to the wife to file her response but neither she not her lawyer appeared to argue the case. She did not appear before the court on 18 dates when the matter was taken up for hearing.&lt;br /&gt;
&lt;br /&gt;
Taking into account her conduct, the apex court dissolved the marriage and said there was no dispute that the couple had entered into an agreement to end the marital relationship.&lt;br /&gt;
&lt;br /&gt;
=Contempt of court=&lt;br /&gt;
==Calcutta HC on contempt: SC==&lt;br /&gt;
&lt;br /&gt;
The Times of India, Sep 18, 2011&lt;br /&gt;
&lt;br /&gt;
The Jalpaiguri district court was shut for a month by people demanding a Calcutta high court circuit bench there and the high court convicted 18 people, including the DGP of the West Bengal police, editor of a local daily, an ex-MP, an MLA and the district magistrate, for contempt. &lt;br /&gt;
When they appealed against their conviction and six-month jail term, the tables were turned in the Supreme Court, which not only quashed the contempt proceedings but also faulted the high court for not taking timely action during the agitation to help keep the district court open. &lt;br /&gt;
&lt;br /&gt;
The protesting public started the agitation on December 15, 2006 outside the main gate of the district court and requested the judicial officers not to go to court. It continued for a month till January 15, 2007. &lt;br /&gt;
&lt;br /&gt;
A bench of Justices P Sathasivam and B S Chauhan said the agitation was peaceful and the judicial officers were not forcibly prevented from attending the court. However, it reiterated that “the administration of justice should never be stalled at the instance of anyone including the members of the bar even for any cause.” &lt;br /&gt;
&lt;br /&gt;
The SC found that there was no request from the district judge or from the registrar general of the HC for removal of the rostrum put up in front of the gate and clearing of the protesters. It disagreed with the HC’s view that the DGP disobeyed the Chief Justice’s order for restoration of the district court’s functioning.&lt;br /&gt;
== Siddaramaiah, Sahara and other cases==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=LEGALLY-SPEAKING-High-and-mighty-in-country-make-03102016014045  Dhananjay Mahapatra High and mighty in country make judiciary drag its feet, Oct 03 2016 : The Times of India]&lt;br /&gt;
&lt;br /&gt;
Siddaramaiah's Snub To SC Not 1st Case Of Defiance By A CM&lt;br /&gt;
&lt;br /&gt;
Defiance of the Supreme Court's orders have al ways invited stinging punishment. Sahara group chief Subrata Roy will testify to that. He spent more than two years in jail and yet is not safe from the wrath of law. Last week, he was in real danger of being dragged back to prison just because his counsel made some intemperate arguments to test the SC's patience.&lt;br /&gt;
&lt;br /&gt;
Again in Sept 2016, the Justice Lodha committee complained to the SC that the Board of Control for Cricket in India (BCCI) was impeding and defying implementation of reforms ordered by the apex court. Asking the BCCI to fall in line, the SC issued a “we will set you right“ warning.&lt;br /&gt;
&lt;br /&gt;
But last week also saw Karnataka repeatedly flouting the SC's orders for release of Cauvery water to Tamil Nadu. Three times in the past one month, the state disobeyed the SC's orders. The political class came together and the assembly passed a resolution restraining the government from releasing water.&lt;br /&gt;
&lt;br /&gt;
The SC had no option but to reiterate its orders notwithstanding the assembly resolution. CM Siddaramaiah told the SC in clear terms that given the “will of the people of Karnataka“, he would disobey the court's orders.&lt;br /&gt;
&lt;br /&gt;
In a democracy , rule of law is maintained only when the violator faces reprisal of law swiftly and unwaveringly . For a commoner, the wrath of law has always been swift but when it comes to a mighty state or a chief minister, the SC has always been a little lenient.&lt;br /&gt;
&lt;br /&gt;
It is not the first time that Karnataka has disobeyed SC orders. In 2002, the SC had issued contempt notice to then chief minister S M Krishna for disobeying its October 4, 2002 order for release of 9,000 cusecs of water into Mettur reservoir. The contempt proceedings gathered dust. After six years, the SC disosed of the contempt proce edings taking into account Krishna's unconditional apology for the disobedience filed through senior advocate Fali S Nariman, who continues to be the counsel for Karnataka in the Cauvery dispute.&lt;br /&gt;
&lt;br /&gt;
Is Siddaramaiah drawing inspiration from the past? Difficult to say but the SC faces a real dilemma. If it hauls up the CM for contempt, it would help his popularity soar. And there is no guarantee of his successor implementing the SC's orders. As regards Siddaramaiah, he would not mind facing the wrath of law to emerge a martyr a few months ahead of assembly elections.&lt;br /&gt;
&lt;br /&gt;
If the court does not take action, then it could encourage other states to defy its orders hiding behind the “will of the people“. And at present, it takes virtually nothing to whip up public hysteria.&lt;br /&gt;
&lt;br /&gt;
In 1992, then UP chief minister Kalyan Singh had given an undertaking to the SC to maintain status quo at the disputed Ram Janmabhumi-Babri masjid site. It was flagrantly violated and the structure was razed to the ground. The SC convicted him for contempt of court.&lt;br /&gt;
&lt;br /&gt;
In Mohd Aslam vs Union of India [1994 (6) SCC 442], the SC said, “It is unhappy that a leader of a political party and chief minister has to be convicted of an offence of contempt of court. But it has to be done to uphold the majesty of law. We convict him of the offence of contempt of court.Since the contempt raises larger issues which affect the very foundation of the secular fabric of our nation, we also sentence him to a token imprisonment of one day. We also sentence him to pay a fine of Rs 2,000.“ Is that the wrath of law ­ one day's imprisonment or a fine of Rs 2,000?&lt;br /&gt;
&lt;br /&gt;
Importantly, the SC had aid, “Respect for law and its nstitutions is the only assuance that can hold a plura st nation together. Any atempt to achieve solutions to ontroversies, however ideoogically and emotionally urcharged, not on the basis f law and through judicial nstitutions, but on the trength of numbers will subert the fundamental values f our chosen political orga isation. It will demolish ublic faith in the accepted onstitutional institutions nd weaken people's resolve o solve issues by peaceful eans. It will destroy respect or rule of law and the authoity of courts, and seek to plae individual authority and trength of numbers above he wisdom of law.“&lt;br /&gt;
&lt;br /&gt;
Contrast this to a very reent example in the US. No ess than Alabama Supreme ourt chief justice Roy S More was suspended because e had ordered junior judges o defy an order of the US Su reme Court which validated ame-sex marriage in June ast year. That is what is caled the wrath of law which perates on the basis of the axim “you be ever so high, he law is above you“.&lt;br /&gt;
&lt;br /&gt;
Unfortunately in India, the wrath of law has always remai ed inversely proportional to he position and popularity of n individual. The higher he stands, lesser the chance of him acing the wrong end of the judicial stick. It will be interes ng to watch how the `wrath of w' story unfolds in the SC .&lt;br /&gt;
&lt;br /&gt;
= Curative jurisdiction=&lt;br /&gt;
==2017: AG calls for a review== &lt;br /&gt;
[http://epaperbeta.timesofindia.com//Article.aspx?eid=31808&amp;amp;articlexml=SCs-flawed-curative-jurisdiction-needs-urgent-relook-says-29042017013011  Dhananjay Mahapatra, SC's flawed curative jurisdiction needs urgent relook, says AG, April 29, 2017: The Times of India]&lt;br /&gt;
﻿&lt;br /&gt;
&lt;br /&gt;
﻿&lt;br /&gt;
'''Observation Comes Day After SC Rejected Centre's Plea On AFSPA'''&lt;br /&gt;
&lt;br /&gt;
A day after the Supreme Court dismissed the Centre's plea to exempt armed forces' personnel from prosecution for encounter deaths in areas under the Armed Forces Special Powers Act (AFSPA), attorney general Mukul Rohatgi on Friday made a strong pitch for review of the curative jurisdiction and called it “unfair and flawed“.&lt;br /&gt;
&lt;br /&gt;
The SC had devised the curative jurisdiction in 2002 in its order in the Rupa Ashok Hurra case whereby a litigant could, as the last recourse, seek reconsideration of a judgment even after a review petition had been dismissed, on grounds of alleged violation of principle of natural justice and bias. A curative petition is considered in chamber by a bench that includes the three senior-most judges of the SC and the judges who had delivered the judgment in question. Rohatgi gave three grounds terming the process for cura for terming the process for curative petitions as “unfair and flawed“. He said, “If the judges who had delivered the judgment and dismissed the review petition were to be part of the bench to hear the curative petition, then it is obvious that the result would go the same way as the fate of the review petition. If the intention is to have a relook at the judgment, then the curative petition must be placed before a bench which does not include the judges who had delivered the judgment.“&lt;br /&gt;
&lt;br /&gt;
Speaking to TOI, the AG also faulted the procedure adopted in deciding curative petitions. “In camera proceedings are contrary to the notion of dispensation of justice under public gaze. The court proceedings in India are open to public, except in exceptional circumstances,“ Rohatgi said.&lt;br /&gt;
&lt;br /&gt;
The third ground, he said, was the absence of petitioner's counsel to argue before the bench dealing with the curative petition. “The procedure established through the Hurra judgment is not in accordance with the principles of natural justice and deserves a relook urgently,“ he said. On Wednesday, the SC up held its direction for mandatory registration of FIR against armed forces personnel, even in disturbed areas under AFSPA, for every encounter death despite the Centre pleading that this order could jeopardise efforts to maintain peace and security .&lt;br /&gt;
&lt;br /&gt;
In a chamber hearing without the presence of law officers for the Centre, a bench of Chief Justice J S Khehar and Justices Dipak Misra, J Chelameswar, Madan B Lokur an U U Lalit had dismissed the Union government's curative petition against the judgment delivered last year. “We find no merit in the curative petition,“ it said before rejecting the plea.&lt;br /&gt;
&lt;br /&gt;
By the July 8, 2016 order, the SC had negated the protection against prosecution available to armed forces under AFSPA. The Centre had said, “If the position maintained by the impugned order continues, it may one day be well-nigh impossible to maintain peace and security .“&lt;br /&gt;
&lt;br /&gt;
=High Courts’ judgements and the SC=&lt;br /&gt;
==Complimenting HCs==	&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F21&amp;amp;entity=Ar01302&amp;amp;sk=A1C1C65B&amp;amp;mode=text  Dhananjay Mahapatra, How often does SC compliment HCs? Every now &amp;amp; then, January 21, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The fulsome praise showered by the Supreme Court on the Delhi high court for deciding the sexual harassment case against filmmaker Mahmood Farooqui may appear to be against the run of play because of the perception that HC verdicts are routinely overturned by the apex court.&lt;br /&gt;
&lt;br /&gt;
However, a quick scan of important cases heard by the apex court by way of appeals against high court verdicts reveals that, contrary to the widely held impression, in the majority of cases the SC has not only agreed with the HCs but even rebuked state governments for contesting well-reasoned orders. There have, of course, been instances of the apex court faulting HCs for falling into error.&lt;br /&gt;
&lt;br /&gt;
“The Supreme Court needs to be complimented for complimenting the high court,” said a senior lawyer.&lt;br /&gt;
&lt;br /&gt;
In March last year, the Calcutta HC ordered the CBI to take hold of all material, including Narada sting operation videos allegedly showing Trinamool members taking bribe, and register a preliminary enquiry (PE) in 72 hours. The West Bengal government cried foul and accused the CBI of political vendetta and appealed in the SC. The apex court strongly criticised the Mamata Banerjee government, made its counsel apologise, and held that the appeal was “most unfortunate” deserving “outright rejection”.&lt;br /&gt;
&lt;br /&gt;
The SC had said: “We have perused the order under challenge and it emerges that the HC took into consideration the material which required holding of PE at the hands of the CBI. We find no infirmity with the determination of the HC as the rights of petitioners are fully protected.”&lt;br /&gt;
&lt;br /&gt;
In February 2015, the Delhi high court restrained Prasar Bharati from sharing the free live telecast feed of cricket matches available to Doordarshan with cable operators. In August last year, the SC said the HC had correctly decided the case and affirmed the order.&lt;br /&gt;
&lt;br /&gt;
The Delhi high court will also draw satisfaction in the SC fully endorsing its verdict convicting four persons and awarding them death penalty for the gang rape and murder of ‘Nirbhaya’ in December 2012. The Supreme Court, after minute scrutiny of every piece of evidence, found no infirmity in the HC judgment. It is one of those rare cases where the trial court, the HC and the SC were on the same page.&lt;br /&gt;
&lt;br /&gt;
In contrast, the 2001Parliament attack case shows how scrutiny of evidence at the higher levels of judiciary makes certain evidence, relied on by the trial court, appear doubtful. In this case, the trial court had awarded death sentences on Mohammad Afzal Guru, Shaukat Hussain Guru and SAR Gilani, and a five-year jail term to Afsan Guru. The HC upheld the death sentence for Afzal and Shaukat but acquitted Gilani and Afsan. The SC, despite terming the HC order “well reasoned”, awarded death only to Afzal, a 10-year jail term to Shaukat and upheld the acquittal of Gilani and Afsan.&lt;br /&gt;
&lt;br /&gt;
In November last year, the Supreme Court had upheld an Uttarakhand HC verdict approving the assembly speaker’s decision to disqualify nine MLAs for defecting from Congress and said it was a “well-reasoned order”. In December last year, the SC was again on the same page with the Delhi HC in refusing to accord ‘Vande Mataram’ status equivalent to that of the national anthem.&lt;br /&gt;
&lt;br /&gt;
Last month, it also agreed with theDelhi HC and dismissed a petition filed by AAP member Raghav Chadha, who had challenged the trial judge’s decision to summon him to face proceedings in a defamation case filed against him by finance minister Arun Jaitley for merely retweeting an allegedly defamatory statement by Delhi chief minister Arvind Kejriwal.&lt;br /&gt;
&lt;br /&gt;
However, there are occasions when the SC expressed annoyance with the HCs, as it did last year in the fodder scam case. The Jharkhand HC had said the scam was a product of one conspiracy and hence former Bihar CM and RJD chief Lalu Prasad could not be made to face conspiracy charge in fodder scam cases relating to different treasuries. The SC overturned the order and criticised the HC for “ignoring the settled principles of law” that instances of illegal withdrawal of crores of rupees from every treasury require a separate trial. That is how Lalu Prasad came to be convicted in the second fodder scam case and faces more trials.&lt;br /&gt;
&lt;br /&gt;
= Impeachment =&lt;br /&gt;
[https://www.indiatoday.in/magazine/up-front/story/20180416-cji-dipak-mishra-impeachment-supreme-court-1206276-2018-04-05#ssologin=1#source=magazine Faizan Mustafa , Judging our judges “India Today” 16/2/2018]&lt;br /&gt;
&lt;br /&gt;
Yet no judge has so far been impeached in India. In 2010, senior lawyer and former law minister Shanti Bhushan asserted, in an affidavit in the Supreme Court, that out of 16 chief justices of India, as many as eight were 'definitely corrupt'. There was a move to impeach CJI M.M. Punchhi for acquitting a person on the basis of a compromise in a matter of criminal breach of trust-which is a non-compoundable offence-for allegedly extraneous considerations, but the requisite number of MP signatures could not be procured for the impeachment motion. Last year, CJI J.S. Khehar too was mired in a controversy over the suicide note of former Arunachal Pradesh chief minister Kalikho Pul. Justice Markandey Katju too had made serious allegations about the extension given to a Madras High Court judge by three CJIs under political pressure from the DMK and UPA.&lt;br /&gt;
&lt;br /&gt;
The ill-conceived, half-hearted and unrealistic move to impeach CJI Dipak Misra on charges that are hard to prove should cue attempts to put in place a system of judicial accountability short of impeachment.&lt;br /&gt;
&lt;br /&gt;
A judge can be impeached by Parliament on grounds of 'proved misbehaviour or incapacity'. Judges hold office, not only in India but also in, say, Britain and the US, during what may be termed as 'good behaviour' periods. The CJI too can be impeached like any other judge as he is simply the first among equals. The Supreme Court itself has held that 'misconduct' is a relative term that could connote &amp;quot;wrong conduct or improper conduct&amp;quot;. The Judges (Inquiry) Bill, 2006, did include wilful, persistent failure to perform duties within the definition of 'misconduct', but it is difficult to argue that writing of fewer judgments or wrong judgments amounts to 'misconduct' or 'incapacity'.&lt;br /&gt;
&lt;br /&gt;
Public perception matters in the discharge of judicial functions. If there is even a baseless perception that the CJI and/ or other judges are under the influence of the government and matters in which the government is interested are given to pliant benches, it may be a worrisome sign for the independence of the judiciary. However, none of this, including the controversial constitution of a seven- and then five-judge bench with great alacrity to overturn a decision of a three-judge bench in the Lucknow medical college case, may really meet the stringent criteria of 'misconduct'.&lt;br /&gt;
&lt;br /&gt;
Corruption is a cognisable offence, yet in the Justice K. Veeraswami case (1991), the apex court laid down that no FIR can be filed against a judge without the permission of the CJI. Although the case was about corruption, the Supreme Court extended protection to all cases. If the allegation of corruption is against a Supreme Court judge, the President could order an investigation in consultation with the CJI. If the allegation was against the CJI, the President had to consult other judges and act on their advice. In CJI Khehar's case, since the allegations were not only against him but also against the then President (Pranab Mukherjee), Khehar rightly ordered that the matter be referred to an appropriate bench.&lt;br /&gt;
&lt;br /&gt;
The impeachment process is so time-consuming and tortuous that it practically gives judges immunity. We, therefore, must evolve other mechanisms to evaluate the performance of judges. Judicial accountability promotes at least three discrete values: the rule of law, public confidence in the judiciary, and institutional responsibility. Many US states have a 'merit plan' to evaluate judicial performance. States such as Arizona, California and Utah have Judicial Performance Review Commissions/ Councils. These consist of not only judges and lawyers but also laypersons. New York and Alaska have systems of evaluation by trained court observers who make unscheduled court visits. Judges are evaluated on their knowledge of law, integrity, sentencing, impartiality etc. Judges must be judged too, and we need mechanisms that enable this.&lt;br /&gt;
&lt;br /&gt;
=Judgements, famous=&lt;br /&gt;
==Disaster relief order: 2016==&lt;br /&gt;
[http://epaperbeta.timesofindia.com//Article.aspx?eid=31808&amp;amp;articlexml=SC-erred-in-disaster-relief-order-26052016011035 ''The Times of India''], May 26 2016&lt;br /&gt;
&lt;br /&gt;
Dhananjay Mahapatra&lt;br /&gt;
&lt;br /&gt;
In its over-zealousness to protect the lives of citizens reeling under severe drought in several states, the Supreme Court has erred in directing the Centre to set up a National Disaster Mitigation Fund (NDMF) under a non-operational statutory provision which had riled the government.&lt;br /&gt;
Led by finance minister Arun Jaitley , the government had accused the judiciary of wanton interference in the executive's exclusive domain of earmarking funds for various purposes under the budgetary exercise.&lt;br /&gt;
&lt;br /&gt;
The SC on May 11 had quoted Section 47 of the Disaster Management Act, which provides for setting up of NDMF for projects exclusively for the purpose of mitigation -measures aimed at reducing the risk of disaster.&lt;br /&gt;
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Slamming the government, the SC had said, “Although the DM Act has been in force for more than 10 years, the NDMF has not yet been constituted. Therefore, there is no provision for mitigation of a disaster.“ It said since the Centre had not set up NDMF, it was unlikely that states or district administrations would have set up disaster mitigation funds.&lt;br /&gt;
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“As mandated by Section 47 of the DM Act, 2005, a Na tional Disaster Mitigation Fund is required to be established. Unfortunately, no such fund has been constituted till date. Accordingly, we direct the Union of India to establish a National Disaster Mitigation Fund within three months,“ the bench said and set August 10 as the deadline to set up NDMF.&lt;br /&gt;
&lt;br /&gt;
While the anxiety to come to the rescue of those affected by droughts was reflected in the judgment of Justices Madan B Lokur and N V Ramana, the bench missed the fact that Section 47 of the DM Act was not yet notified. None of the counsel -neither additional solicitor general P S Narasimha nor the advocates appearing for states -drew the court's attention to the fact that Section 47 mandating setting up of NDMF was not notified by the government and, hence, remained non-operative.&lt;br /&gt;
&lt;br /&gt;
As a result of this mistake, the SC ended up directing the Centre to implement a provision of law which for all practical purposes is non-existent.&lt;br /&gt;
&lt;br /&gt;
A day after the SC directed the Centre to set up NDMF, Jaitley said the judiciary was progressively appropriating the executive's powers. “Step by step, brick by brick, the edifice of India's legislature is being destroyed,“ he said and his remark was appreciated by MPs cutting across party lines.&lt;br /&gt;
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==Setting up a Disaster Response Force==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=SC-also-erred-in-asking-govt-to-set-28052016012059 ''The Times of India''], May 28 2016&lt;br /&gt;
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'''SC also erred in asking govt to set up Disaster Response Force: ASG'''&lt;br /&gt;
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Additional solicitor general P S Narasimha on Friday said the Supreme Court erred not only in directing setting up of National Disaster Mitigation Fund (NDMF) but also in asking the Centre to set up a National Disaster Response Force (NDRF).&lt;br /&gt;
Responding to a TOI report published on Thursday, Narasimha said during the arguments on a PIL filed by `Swaraj Abhiyan', he had pointed out to the court that Section 47 of Disaster Management Act had left it to the Union government's discretion whether or not to set up NDMF by using the words “the government may“.&lt;br /&gt;
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“Apart from this, I had also pointed out to the court that National Disaster Re sponse Fund under Section 46 was already constituted and in fact been operated since 2010. During the course of hearing, I had elaborately pointed out the distinction between mandatory provisions and those which are enabling,“ he said.&lt;br /&gt;
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He added that he had also brought to the court's notice the rejection of a proposal to set up NDMF by the 13th Finance Commission, which was of the view that funds were already available to different ministries under the DM Act for mitigation measures connected to a disaster.&lt;br /&gt;
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“Surprisingly , in its judgment on May 11, the court directed constitution of NDMF. Equally erroneously, the judgment directed formation of NDRF, although such a force has already been constituted under Section 44 with the requisite manpower. This fact was brought to the notice of the bench by a senior officer of the disaster management authority who was present in the court,“ Narasimha said.&lt;br /&gt;
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The ASG objected to the TOI report which said that “the bench missed the fact that Section 47 of the DM Act was not yet notified as none of the counsel -neither additional solicitor general P S Narasimha nor advocates appearing for the states -drew the court's attention to this fact“. TOI had reported that the SC had erred by directing constitution of NDMF as Section 47 was nonoperational.&lt;br /&gt;
&lt;br /&gt;
He said attribution of this omission to him was erroneous as he had presented all facts before the court.“For these reasons, I promptly advised filing of a review petition as these findings constitute errors apparent on the face of the record,“ he said.&lt;br /&gt;
&lt;br /&gt;
However, none of the written submissions presented by the Centre to the court during the hearing mentioned the fact that non-notification of Section 47 barred the court from directing the government to constitute NDMF.&lt;br /&gt;
&lt;br /&gt;
=Judges=&lt;br /&gt;
==Advocates who gained straight entry to the SC==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=4-new-SC-judges-2-rarities-05052016001068 ''The Times of India''], May 5, 2016&lt;br /&gt;
&lt;br /&gt;
2016: Senior advocate L Nageshwar Rao joined a super-exclusive club of advocates to gain straight entry to the SC: Kuldip Singh, Santosh Hegde, U ULalit and R F Nariman. Rao was additional solicitor gene ral under both UPA and NDA before resigning in 2015.&lt;br /&gt;
&lt;br /&gt;
==Both father and son as SC judges==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=4-new-SC-judges-2-rarities-05052016001068 ''The Times of India''], May 5, 2016&lt;br /&gt;
&lt;br /&gt;
2016: The collegium headed by the Chief Justice of India recommended appointment to the Supreme Court of Allahabad HC chief justice DhananjayChandrachud. Justice Chandrachud's father Yeshwant was CJI from February 1978 to July 1985. Appointed a judge in Bombay HC at just 40, Chandrachud Junior has nine years of service left and a strong chance of creating history by also becoming CJI. Only once before have both father and son made it to the SC N H Bhagwati and P N Bhagwati, who went on to become CJI.&lt;br /&gt;
&lt;br /&gt;
=Judges' differences with the Chief Justice=&lt;br /&gt;
==2018, Jan: Four SC judges’ press conference==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/shock-sc-judges-press-conference-let-nation-decide-about-cjis-impeachment/articleshow/62471142.cms      Supreme Court judges' press conference: 'Let nation decide about CJI's impeachment' | Jan 12, 2018  | TIMESOFINDIA.COM]&lt;br /&gt;
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[[File: Some brief profiles of Justice Dipak Misra, Justice Chelameswar, Justice Ranjan Gogoi, Justice Kurian Joseph and Justice Madan B Lokur.jpg|Some brief profiles of Justice Dipak Misra, Justice Chelameswar, Justice Ranjan Gogoi, Justice Kurian Joseph and Justice Madan B Lokur &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01417&amp;amp;sk=983FB026&amp;amp;mode=text  January 13, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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[[File: 2018 Jan- WHAT THE JUDGES' LETTER to the CJI SAID.jpg|2018 Jan- WHAT THE JUDGES' LETTER to the CJI SAID;  &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01404&amp;amp;sk=1CD28F5D&amp;amp;mode=text  January 13, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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NEW DELHI: In an unprecedented move, four senior Supreme Court judges today called a press conference to express their displeasure with the Chief Justice of India (CJI) Dipak Mishra and with the way he was assigning cases.&lt;br /&gt;
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''' Highlights ''' &lt;br /&gt;
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*The four judges' letter to the CJI [in Nov 2017] airing their grievance about selective assigning of important cases&lt;br /&gt;
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*&amp;quot;The CJI is only the first among equals nothing more and nothing less&amp;quot;, they said&lt;br /&gt;
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*The judges acknowledged that what they were doing - in calling a press conference - was highly unusual&lt;br /&gt;
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The four judges+ ' wrote a letter to the CJI two months ago, airing their grievances about selective assigning of important cases to judges who are junior to them. They also said they have issues with the assignment of the case to do with the mysterious death of Justice BH Loya, who was hearing the Sohrabuddin fake encounter case.&lt;br /&gt;
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&amp;quot;The convention of recognising that CJI is the master of roster and assigns cases to different benches is for disciplined and efficient transaction of court business and not a recognition of superior authority,&amp;quot; they said in the letter.&lt;br /&gt;
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&amp;quot;The CJI is only the first among equals nothing more and nothing less&amp;quot;, they added.&lt;br /&gt;
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The judges were Justice Chelameswar, Justice Gogoi, Justice Lokur and Justice Kurian Joseph. They said they are speaking out because &amp;quot;democracy will not survive if the judiciary is not impartial&amp;quot;. [These four honourable judges ranked at nos.1, 2, 3 and 4 among  the 24 [[Supreme Court: India: Sitting judges ]], not counting the Hon. Chief Justice of India, who obviously was senior to them all.]&lt;br /&gt;
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The judges said they were annoyed that the medical college admissions scam was sent to court no 7 after a Justice Chelameswar headed bench sent it to a five-judge bench of himself, the CJI and Justices Gogoi, Lokur and Joseph.&lt;br /&gt;
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They also said they wanted to highlight unspecified irregularities in the judiciary and to say that the CJI Mishra isn't doing anything to remedy the situation, despite the letter they wrote him some months ago.&lt;br /&gt;
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When the Justices were asked if the issues were to do with the Collegium as well, they didn't confirm or deny it. When asked if CJI Mishra should be removed, one of them said, &amp;quot;Let the nation decide on his impeachment.&amp;quot;&lt;br /&gt;
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They said they sent the CJI the letter but didn't hear back, and then they met him again this morning, to no avail.&lt;br /&gt;
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&amp;quot;We collectively tried to persuade the CJI that certain things aren't in order so take remedial measures but unfortunately our efforts failed,&amp;quot; said Justice Chelameswar.&lt;br /&gt;
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The four judges said many &amp;quot;undesirable&amp;quot; things have occurred in the judiciary lately.&lt;br /&gt;
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&amp;quot;The administration of the SC is not in order and many things which are less than desirable have happened in last few months,&amp;quot; said Justice Chelameswar.&lt;br /&gt;
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A few minutes before the press conference, the SC said, separately, that the &amp;quot;mysterious death of Justice BH Loya is a serious issue&amp;quot;. They asked the Maharashtra government to present all documents to do with his death to the court on Monday. Justice Loya was hearing the Sohrabuddin fake encounter case and died under mysterious circumstances.&lt;br /&gt;
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The judges also had a grievance that the PIL seeking a probe into Justice Loya's death was assigned to court no. 10 and not to any of the first four benches other than CJI-led bench.&lt;br /&gt;
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The judges acknowledged that what they were doing - in calling a press conference - was highly unusual.&lt;br /&gt;
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=== A look at their career track and antecedents ===&lt;br /&gt;
[https://www.indiatoday.in/magazine/the-big-story/story/20180129-supreme-court-rebel-judges-cji-dipak-mishra-1148761-2018-01-19 Damayanti Datta , Brothers at war “ India Today” 29/1/2018]&lt;br /&gt;
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''' See graphic '''&lt;br /&gt;
&lt;br /&gt;
[[File: Brothers at war .jpg| Brothers at war [https://www.indiatoday.in/magazine/the-big-story/story/20180129-supreme-court-rebel-judges-cji-dipak-mishra-1148761-2018-01-19 .&amp;lt;br/&amp;gt; “ India Today”]|frame|500px]]&lt;br /&gt;
===The events of that day===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F14&amp;amp;entity=Ar00903&amp;amp;sk=C743DE97&amp;amp;mode=text  Dhananjay Mahapatra, Judges’ presser sharpened double-edged swords wielded by activist lawyers, January 14, 2019: ''The Times of India'']&lt;br /&gt;
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It was Friday, January 12, 2018. Fridays in Supreme Court are busy days. But four seniormost judges wound up judicial work in 45 minutes. The SC corridor was agog with rumours about an impending unprecedented press conference by them. Journalists rushed to Justice Jasti Chelameswar’s official residence. History was made. The rumours came true. The judges cornered then CJI Dipak Misra.&lt;br /&gt;
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But Justice Chelameswar donned a worried look, his gaze fixed at the entrance of his residential bungalow. Explaining the worry lines on his forehead, he had said, “If the three johnnies don’t come, I will be in a soup as I had put my neck out.” The three — Justices Ranjan Gogoi, Madan B Lokur and Kurian Joseph — trooped in a little later. Justice Chelameswar sported a smile of relief.&lt;br /&gt;
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We all know what happened later — how an activist lawyer attended the presser, was stopped from asking questions by journalists and was closeted with Justice Chelameswar immediately after the press conference. How a Left leader went to meet Justice Chelameswar, how the presser was used to exert pressure on the then CJI by politician-lawyers to defer adjudication of Ayodhya case and how it became a ground for moving an unprecedented removal motion by Congress against the then CJI in Parliament.&lt;br /&gt;
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The presser further unnerved CJI Misra, who was on the back foot since November 2017 when Justice Chelameswar attempted to snatch the CJI’s power as ‘master of roster’ by setting up a fivejudge bench to hear a petition by ‘forum hunting’ activist-lawyers seeking a probe into the CJI’s alleged role in the medical college admission scam.&lt;br /&gt;
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CJI Misra had to hurriedly set up a five-judge bench to annul Justice Chelameswar’s order and reiterate the CJI’s sole prerogative in assigning a case to a particular bench and determining the number of judges on the bench. The CJI was damned by both the rebel judges and the activist-lawyers for allocating cases of national importance arbitrarily to select benches of “junior” judges perceived to have political leanings.&lt;br /&gt;
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Less than a year later, CJI Ranjan Gogoi notified a five-judge constitution bench to adjudicate the Ayodhya land dispute case. It surprised many as a three-judge bench on September 27 had rejected a demand for its reference to a five-judge bench and ruled that a three-judge bench would decide it.&lt;br /&gt;
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CJI Gogoi explained that he used his plenary powers under Order VI Rule 1 of Supreme Court Rules, 2013, to set up the five-judge bench. On wonders why the same rule was not the saviour for CJI Misra when he set up a five-judge bench for reiteration of the CJI’s prerogative in allocating cases to a bench and its numerical strength. While CJI Mishra was damned, the Muslim parties hailed CJI Gogoi saying “this is how a CJI must act”. If a CJI’s orders are favourable, activist-lawyers waste no time in crowning him as the most independent judge on earth.&lt;br /&gt;
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Allocation of petitions seeking probe into alleged suspicious death of judicial officer B H Loya to a bench headed by Justice Arun Mishra had triggered the January 12 presser. Justice Mishra recused. A&lt;br /&gt;
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three-judge bench led by CJI Misra heard the case and dismissed the petitions. They drew a lot of flak. The activist-lawyers missed no words in the dictionary to berate the then CJI.&lt;br /&gt;
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For any CJI, the SC is a pitch of quicksand prepared by activist-politician lawyers. The moment a judge gets into the post of CJI, these lawyers miss no opportunity to attempt to push him on the back foot to make sure the SC entertains their PILs, genuine as well as tainted, which give them immense clout in social, political and bureaucratic circles.&lt;br /&gt;
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A cornered CJI Misra reacted on expected lines and entertained a huge number of PILs. But CJI Gogoi is not one to be pushed on the back foot. When the CBI vs CBI PIL, followed by another on the Rafale aircraft deal, came up before him, he earned the ire of the same group of lawyers for the manner in which he surgically heard the cases without permitting lengthy arguments. Immediately, they turned against him.&lt;br /&gt;
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Even before the judgments were delivered, the activist-politician lawyers were at their usual work — spreading the word in the corridors and social media that CJI Gogoi would dismiss both petitions and that he was worse than CJI Misra. These lawyers have already started digging into the past to find some link to brand CJI Gogoi as close to the government. Such is the danger for a CJI.&lt;br /&gt;
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After his retirement, Justice Chelameswar had boasted that he had strived for transparency and objectivity in the collegium process for selection of judges to the SC and HCs. When he was part of the collegium, Justice Chelameswar had taken advantage of the then CJI’s proposal to abruptly change an earlier recommendation — a Karnataka HC judge’s transfer to Bombay HC was to be annulled and he was to be sent to Allahabad HC.&lt;br /&gt;
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Justice Chelameswar agreed, but with a quid pro quo — transfer a Kerala HC judge to Andhra Pradesh HC even though he knew that the HC judge, prior to his appointment, had given an affidavit to the SC to never press for his transfer back to AP HC. The CJI had to agree. But the Union government refused to act on this recommendation.&lt;br /&gt;
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The CJI Gogoi-headed collegium has now recommended transfer of that Kerala HC judge to Bombay HC, superseding its earlier recommendation. What is the status of transparency and objectivity, both then and now, which the judges’ press conference had pressed for?&lt;br /&gt;
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In SP Gupta case [1981 (sup) 1 SCC 87], described as the first judges’ case, the SC had said, “Unfortunately, it is the easiest thing to make false, reckless and irresponsible allegations against judges in regard to their honesty and integrity and in recent times, the tendency has grown to make such allegations against judges because they have decided the case in a particular manner, either against a dissatisfied litigant or contrary to the view held by a group or, section of politicians or lawyers or members of public.”&lt;br /&gt;
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How true today after nearly 40 years! When Justice Gogoi took umbrage to the Loya case allocation during the presser, activist-politician lawyers hailed him as the epitome of honesty, integrity, independence and fearlessness. In less than a year, the same lawyers have turned against him merely because he refuses to be cowed down by their tactics and continues to decide cases on merit, with or without meeting their expectations. Such is the life of a CJI, very lonely and unnerving.&lt;br /&gt;
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==The Five main issues that annoyed the Hon Judges==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/senior-sc-judges-press-conference-five-main-issues-that-annoyed-them/articleshow/62472066.cms     Senior SC judges' press conference: Five main issues that annoyed them | Jan 12, 2018|TIMESOFINDIA.COM]&lt;br /&gt;
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The four senior Supreme Court (SC) judges who called an unprecedented press conference today had grievances to do with the assignment of cases and how the Chief Justice of India Dipak Mishra was handling it. Here are the 5 main issues that annoyed them:&lt;br /&gt;
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1) The four senior judges+ believe that all important cases get heard by CJI-led bench and do not get distributed to other senior judges heading benches.&lt;br /&gt;
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2) The four judges also said there have been instances where cases that have far-reaching consequences for the nation and the judiciary were assigned by the Chief Justice selectively - to benches of their preference - and not based on rationality. &amp;quot;This must be guarded against at all costs,&amp;quot; said the 4 senior SC judges.&lt;br /&gt;
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3) Specifically, the Four judges were annoyed that a public interest litigation seeking a probe into Judge B M Loya's &amp;quot;mysterious&amp;quot; death was assigned to court no. 10 and not to any of the first four benches other than the CJI-led bench.&lt;br /&gt;
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4) The judges further had a simmering grievance about the medical college admissions scam being sent to court no 7 after a Justice Chelameswar headed bench sent it to a five-judge bench of himself, the CJI, himself, and Justices Gogoi, Lokur and Joseph. The medical college admissions scam is to do with the role of sitting and retired judges of high courts in enabling private medical colleges admit students to MBBS courses despite the apex court's order to the contrary.&lt;br /&gt;
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5) The four judges also said that it was wrong on part of CJI to head a small bench and deal with the memorandum of procedure when it was earlier heard by a five-judge bench.&lt;br /&gt;
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===They felt the ‘CJI was being remote-controlled’ ===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F03&amp;amp;entity=Ar00127&amp;amp;sk=4F4A6C0F&amp;amp;mode=text  Dhananjay Mahapatra, December 3, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: &amp;quot;Presser was Justice Chelameswar's idea&amp;quot;.jpg|&amp;quot;Presser was Justice Chelameswar's idea&amp;quot; &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F03&amp;amp;entity=Ar00127&amp;amp;sk=4F4A6C0F&amp;amp;mode=text  Dhananjay Mahapatra, December 3, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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'' ‘Judges With Perceived Bias Given Cases’ ''&lt;br /&gt;
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In a stunning claim, retired Supreme Court judge Kurian Joseph said he and three other most senior SC judges held their muchdiscussed press conference on January 12 as they felt that then CJI Dipak Misra was being controlled from outside and was allocating cases to judges with political bias.&lt;br /&gt;
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In an exclusive interview to TOI, Justice Joseph narrated in detail the turbulent times in the apex court, leading to the unprecedented press conference by him with three most senior judges — Justices Jasti Chelameswar, Ranjan Gogoi and Madan B Lokur. Asked what went wrong within four months of Justice Misra taking over as CJI, Justice Joseph said, “There were several instances of external influences on the working of the Supreme Court relating to allocation of cases to benches headed by select judges and appointment of judges to the Supreme Court and high courts.&lt;br /&gt;
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===’Held presser after all attempts failed’===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F03&amp;amp;entity=Ar01104&amp;amp;sk=92F63973&amp;amp;mode=text  Dhananjay Mahapatra, December 3, 2018: ''The Times of India'']&lt;br /&gt;
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“Someone from outside was controlling the CJI (Dipak Misra), that is what we felt. So we met him, asked him, wrote to him to maintain independence and majesty of the Supreme Court. When all attempts failed, we decided to hold a press conference,” former Supreme Court judge Kurian Joseph told TOI in an exclusive interview.&lt;br /&gt;
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Asked to elaborate on the “external influence”, Justice Joseph said, “Starkly perceptible signs of influence with regard to allocation of cases to different benches selectively, to select judges who were perceived to be politically biased.”&lt;br /&gt;
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Asked whether it was a unanimous decision to go for the press conference, he said, “Justice Chelameswar was the initiator of the idea of press conference. But we three agreed with him.”&lt;br /&gt;
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At the headline-hogging Press conference, the rebel judges questioned the functioning of then CJI Misra, including allocation of hearing of a petition seeking probe into the alleged suspicious death of judicial officer B H Loya to a bench headed by Justice Arun Mishra, who later recused from the case after a showdown with Justice Chelameswar at the routine morning meeting of SC judges on January 13.&lt;br /&gt;
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The presser and allegations of the then CJI getting cosy with the establishment were cited as grounds in the motion moved by Congressled opposition parties in the Rajya Sabha seeking Justice Misra’s removal. The notice for the motion was rejected by Rajya Sabha chairman M Venkaiah Naidu for lack of any convincing grounds.&lt;br /&gt;
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Born in a family with modest means, Justice Joseph persevered to rise in his profession, reaching the number three spot in the SC. His father was a clerk in the Kerala high court, where he started his practice in 1979 at the age of 26. He was appointed additional advocate general of Kerala in 1994 and was designated a senior advocate in 1996.&lt;br /&gt;
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“It was a proud moment for me when I took oath as a judge of the Kerala HC in 2000, the HC where my father had worked as a clerk. His meagre income was insufficient to run a large household comprising seven children. I used to go to school barefoot and got my first slippers when I was in Class 7,” he said.&lt;br /&gt;
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A deeply spiritual person, Justice Joseph believes that dispensing justice is a constitutional duty where compassion holds the balance. In his tenure of five years and eight months, he disposed of 8,612 cases and wrote over 1,000 detailed judgments.&lt;br /&gt;
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His prayer before deciding cases would humble the most knowledgeable, “I always had the same prayer on my lips when I heard a case: ‘God, let justice not be denied to a deserving person only because of my lack of knowledge or inadequate preparation on my part. And give me wisdom to discern justice in the case’.” Justice Joseph said he read each and every case file and his law clerks were utilised only for research purposes.&lt;br /&gt;
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==Allahabad HC, Devi Dayal case, 1959: CJ’s right to assign cases==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F22&amp;amp;entity=Ar02105&amp;amp;sk=8E903F63&amp;amp;mode=text  Dhananjay Mahapatra, SC may see transparency, but judiciary will pay price for presser, January 22, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
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No greater damage can be caused to the administration of justice and to the confidence of people in judicial institutions when judges of the higher courts publicly express lack of faith in the subordinate judges,” the Supreme Court had said more than two decades ago in Braj Kishore Thakur case [1997 (4) SCC 65]. The SC was commenting at the diatribe of an HC judge that a certain trial court judge did not have proper knowledge of law.&lt;br /&gt;
&lt;br /&gt;
Imagine the catastrophic damage to people’s faith in judiciary and administration of justice when four seniormost judges of the SC in a coup-like fashion engineered a tweet inviting the media to a certain judge’s residence, slipped out of the SC at noon on a busy Friday and stunned the world by holding a press conference expressing no confidence in the fairness of the Chief Justice of India in assigning sensitive cases of national importance. They alleged that these always went to hand-picked benches headed by junior judges. At the same time, they acknowledge that all judges in the SC were equal, hence no seniorjunior divide.&lt;br /&gt;
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Since 1950, various constitutional courts have frowned at litigants, lawyers and judges attempting to assign cases to a particular judge or bench. The Allahabad HC in Devi Dayal case [AIR 1959 Allahabad 421] had said, “It is only the chief justice who has the right and the power to decide which judge is to sit alone and which cases such judge can decide; further, it is again for the CJ to determine which judges shall constitute a division bench and what work those benches will do... It is for the CJ to allot work to judges and judges can do only such work as is allotted to them.” It went on to say that an order passed by a judge or a bench in a case would not be appropriate if that case had not been assigned to that judge or bench by the chief justice.&lt;br /&gt;
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The Allahabad HC ruling has been the signature tune of higher courts for the last six decades. In Narayan Shamrao Puranik case [AIR 1982 SC 1198], the SC had said, “The chief justice is the master of the roster. He has full power, authority and jurisdiction in the matter of allocation of business of the HC.” The CJ had this power not only as per rules but it “inheres in him in the very nature of things”.&lt;br /&gt;
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A full bench of Madras HC in 1991 in Mayavaram Financial Corporation Ltd had said, “The chief justice has the inherent power to allocate the judicial business of the high court including who of the judges should sit alone and who should constitute the bench of two or more judges. No litigant shall have a right to question jurisdiction of judges or the judge hearing the case. No person can claim as a matter of right that his petition be heard by a single judge or a division bench or a particular judge or a particular division bench. No judge or bench will assume jurisdiction unless the case is allotted to them under the orders of the CJ.”&lt;br /&gt;
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So, is the CJI’s decision to assign petitions on CBI special judge B H Loya’s death to a bench headed by a junior judge the real trigger for the unprecedented press conference? Or, was there more to it than meets the eye? Was the rebellion fuelled by personal ambitions of a certain someone? Or were there lawyerpoliticians who conspired to scuttle the exclusive prerogative of the CJI in assigning cases? Could it also be because the CJI appeared to expedite hearing in a seven year-old appeal in a certain 70-year-old ‘sensitive’ litigation brushing aside feverish and persistent pleas of lawyer-politicians to post it to July 2019? Did certain lawyers act as catalysts for the eruption in the press conference? Why did a lawyer who represents a petitioner in the Loya case attend the press conference and get closeted with the judge at whose house the presser was held? It is hard to lift the veil on the real cause behind the press conference.&lt;br /&gt;
&lt;br /&gt;
Sitting atop a pyramidal three-tier justice delivery system, the SC has been serving as the final arbiter of all kinds of disputes — political, social, economic and personal. By the very nature of judicial decisions, most often only one party to the dispute emerges victorious in a litigation. With stakes running high in cases, especially in commercial and public interest litigations which with time have become more and more political interest litigations, the lawyers seek an escape route for their failure in the SC by pushing the blame at ‘bad assigning’ of the case.&lt;br /&gt;
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In the age of free speech, dissent and accusations spread faster than plague on social networks. If one praises a certain judge, he will be branded a stooge and social media will register hundreds of likes from people who have no knowledge either about&lt;br /&gt;
&lt;br /&gt;
the person being targeted or the judge. Rumours travel faster than electricity and easily get accepted as ‘fact’ on social media. Take for example, an invitation extended to the media by the NALSA executive chairman, a very senior SC judge, to explain the help it is going to render to lakhs of poor litigants in the hinterland through legal clinics. Despite 24 hours notice, only a few journalists, mostly those who cover the apex court daily, turned up. In contrast, just a tweet went out hinting about the press conference of four senior judges barely half an hour before the event. It attracted swarms of print and electronic media journalists, including eminent ones who seldom cover courts.&lt;br /&gt;
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A seasoned politician would have been surprised by the media response at such short notice.&lt;br /&gt;
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The press conference’s attempt to demolish the unitary command structure of the CJI for assignment of cases appears to herald a coalition era in the SC and possibly would percolate to HCs. In the coalition era on the political front, a government, holding reins of power through a slender majority, was dependent on every single MP. This allowed each MP to have his coterie comprising intellectuals, journalists and activists. Thus, in the coalition era, a lot of people were happy as it served their personal ambitions and interests. In a single party government, there is a drastic reduction in the number of key MPs, which in turn shrinks the population of those thriving on patronage in these three tribes.&lt;br /&gt;
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Is judiciary going to see a similar coalition era after the press conference, when not only judges but lawyers, especially the activists and the brazenly belligerent ones, will have a say in deciding which judge should hear which case? Though the press conference might just be the bitter dose required for ushering in transparency in assigning of cases to benches, it has set a precedent for other judges.&lt;br /&gt;
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They now have the licence to hold a press conference whenever they feel the CJI, an HC CJ or any judge is doing anything wrong, even on a wrong perception.&lt;br /&gt;
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The press conference’s attempt to demolish the unitary command structure of the Chief Justice of India for the assignment of cases appears to herald a coalition era in the apex court and possibly would percolate to the high courts&lt;br /&gt;
&lt;br /&gt;
==Retired judges', AG's and lawyers' reactions==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/turmoil-in-supreme-court-top-developments/articleshow/62475813.cms     Turmoil in Supreme Court: Top developments|   Jan 12, 2018 | TIMESOFINDIA.COM]&lt;br /&gt;
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In what could be seen as possible damage control, ''' Attorney General ''' KK Venugopal hinted to ANI that the turmoil could be resolved by [the next day], even as he stressed that the press conference &amp;quot;could have been avoided.&amp;quot;&lt;br /&gt;
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&amp;quot;Today's press conference could have been avoided, but the Supreme Court judges are all statesman with vast experience and knowledge, and I am sure by tomorrow, the entire issue would be &lt;br /&gt;
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Sources in the government told news agency PTI that the conflict was an &amp;quot;internal&amp;quot; matter of the judiciary. This may reflect the ''' government's reluctance to interfere ''' &lt;br /&gt;
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Government sources, however, added that the apex court should settle the issue at the earliest as the faith of the people in the judiciary is at stake&lt;br /&gt;
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[http://www.indpaedia.com/ind/index.php/Supreme_Court:_India#.E2.80.98The_integrity_of_the_institution.E2.80.99    Supreme Court judges' press conference: Other judges' and lawyers' reactions | Jan 12, 2018 | TIMESOFINDIA.COM]&lt;br /&gt;
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Highlights&lt;br /&gt;
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Four senior Supreme Court (SC) judges today called an unprecedented press conference today acknowledged that what they were doing - in speaking to the media - was highly unusual. &amp;quot;This is an extraordinary event and it is with no pleasure we are doing this...We are left with no choice but to address the nation,&amp;quot; said Justice Chelameswar. Here is what other lawyers and some former SC lawyers have to say about that:&lt;br /&gt;
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* PB Sawant, former Supreme Court judge: Judges had to come before media &amp;amp; take this unprecedented step. This means that there is a serious dispute, either with CJI or some internal dispute.&lt;br /&gt;
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* Justice R.S. Sodhi: Issues don't matter. It is their complaint on administrative matter. They are only 4, there are 23 others. 4 get together and show the Chief Justice in a poor light. It is immature and childish behaviour. I think all 4 judges should be impeached, they have no business to sit there and deliver verdicts anymore.&lt;br /&gt;
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*Mukul Mudgal, retired high court judge: There must be some serious reason that they were left with no other option but to hold a press conference. But what connection does Loya have with this? I know nothing about this and I don't want to make comments about any political matter&lt;br /&gt;
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* Indira Jaising, Supreme Court advocate: I think it's a historic Press Conference. It was very well done. I think we, the people of India, have a right to know what is going on within the judiciary and I welcome this.&lt;br /&gt;
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* Salman Khurshid, senior advocate and Congress leader: Deeply sad and pained, also feel a sense of agony that the highest court of the land should come under such severe stress that forces judges to address the media.&lt;br /&gt;
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* Prashant Bhushan, lawyer and politician: It is certainly a very serious development which has cast a huge shadow on the Chief Justice. Somebody had to confront the situation, where CJI is blatantly misusing his powers, hence the unprecedented step (by the 4 judges).&lt;br /&gt;
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*Senior lawyer KTS Tulsi: I am sure they (four judges) have exhausted all other remedies. One could see pain on their faces while they were speaking. The whole matter is with respect to judicial propriety. The question is of natural justice. Whatever is the law for common man, it is applied much more rigorously as far as judges are concerned because they must always be above suspicion&lt;br /&gt;
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* BJP MP Subramanian Swamy: We can't criticize them, they are men of great integrity and have sacrificed a lot of their legal career, where they could've made money as senior counsels. We must respect them. The PM must ensure that the 4 judges and the CJI, in fact, the whole SC come to one opinion and proceed further.&lt;br /&gt;
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(With inputs from agencies)&lt;br /&gt;
&lt;br /&gt;
== Lawyer-politicians fanned the flames==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F03%2F05&amp;amp;entity=Ar01100&amp;amp;sk=3A9E7559&amp;amp;mode=text  Dhananjay Mahapatra, Lawyer-politicians ran with hares and hunted with the hounds after Jan 12 presser, March 5, 2018: ''The Times of India'']&lt;br /&gt;
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The unprecedented press conference by four seniormost Supreme Court judges on January 12 shattered the calm exterior of the judiciary. Most of the four wanted to “discharge their debt to the nation” by informing the public about the “anomalous” administrative decisions of the Chief Justice of India.&lt;br /&gt;
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They were naive to assume that their going public would force a course correction in the CJI’s administrative decisions, which included assigning of cases to benches headed by “junior” judges. After watching the unfolding events from close quarters, one is sure they would not have imagined that a simple “debt discharging” press conference would inflict a deep wound on judicial independence, invite political interference and, worse, allow lawyer-politicians to adopt a “run with the hare and hunt with the hounds” strategy to attempt to pressurise the CJI.&lt;br /&gt;
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The four judges candidly said that allocation of petitions seeking a probe into judicial officer B H Loya’s death to a “junior SC judge” was the tripping point.&lt;br /&gt;
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In reality, it was the personal perception about handling of the medical scam case, coupled with a judge’s unflagging ambition to achieve the unattainable, which fuelled the rebellion.&lt;br /&gt;
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Lawyer-politicians seized the opportunity and added two more cases — one, sudden activation of a dormant Ayodhya case on the request of BJP leader Subramanian Swamy and second, reopening of 1984 anti-Sikh riot cases by appointment of a committee headed by former Delhi HC judge S N Dhingra — to target the CJI.&lt;br /&gt;
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On the political front, these lawyer-politicians kept the CJI on tenterhooks by strongly lobbying with their party bosses to initiate a motion for the CJI’s removal. In court, they seamlessly slipped into black robes and smilingly argued before the bench seeking relief in politically sensitive cases.&lt;br /&gt;
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The SC had not experienced the machinations of such lawyer-politicians when it said in C Ravichandran Iyer case [1995 (5) SCC 457], “The judges of higher echelons should not be mere men of clay with all the frailties and foibles, human failings and weak character which may be found in those in other walks of life.&lt;br /&gt;
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They should be men of fighting faith with tough fibre not susceptible to any pressure — economic, political or any sort.”&lt;br /&gt;
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It is easy to say that judges must be of tougher material than lawyers, the community from which they are mostly drawn. But a threat to bring removal motion against a judge as a sinister design to make him cower in fear of ignominy has its effect on a man who also lives within society’s bounds.&lt;br /&gt;
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While lawyer-politicians attempted to reap advantage in important cases having political ramifications by attempting to subdue the CJI, the executive too found the fluid situation a fertile ground to undermine judicial independence. Though mercifully it did not interfere in the internal impasse, it definitely took advantage of lack of unity within the collegium to stall appointment of SC and HC judges.&lt;br /&gt;
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So, what did the press conference achieve? It is doubtful whether the grievance about allocation of cases to “junior” judges has been addressed. But surely, it opened the field for political and executive interference in judiciary? In 1995, two bar associations of Bombay (now Mumbai) passed resolutions demanding resignation of then Chief Justice of Bombay HC A M Bhattacharjee, alleging that an astronomical amount was paid by a foreign publisher to market two books authored by him abroad and that this could influence the CJ’s judicial decisions given the lawyers involved in striking the deal. This issue was brought before the SC by one Ravichandran Iyer. The SC had said that except Parliament dealing with a removal motion, “no other forum or fora or platform is available for discussion of the conduct of a judge in the discharge of his duties as a judge of the SC or HC, much less a bar council or a group of practising advocates. They are prohibited to discuss the conduct of a judge in the discharge of his duties or pass any resolution in that behalf ”.&lt;br /&gt;
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Referring to the “extraordinary complexity of modern litigation”, the SC had in the same judgment said, “The independence of judiciary is not limited only to independence from executive pressure or influence, it is a wider concept which takes within its sweep independence from any other pressure and prejudices. It has many dimensions, viz, fearlessness of other power centres, economic and political, freedom from prejudices acquired and nourished by the class to which the judge belongs.”&lt;br /&gt;
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The SC also talked about judicial individualism. It said every judge in constitutional courts enjoyed individual freedom and peers could not exert pressure to make him act in a charted manner.&lt;br /&gt;
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To buttress this argument, the SC had quoted the dissenting opinion of two US Supreme Court judges in the 1970 case ‘Stephen S Chandler vs Judicial Council of the Tenth Circuit of the US’.&lt;br /&gt;
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The dissenting judgment said, “Once a federal judge is confirmed by the Senate and takes his oath, he is independent of every other judge. He commonly works with other federal judges who are likewise sovereign. But neither one alone nor any number banded together can act as censor and place sanctions on him... Some judges may be displeasing to those who walk in more measured, conservative steps but those idiosyncrasies can be of no possible constitutional concern to other federal judges.” It is time SC and HC judges took stock of the fallout of the presser and put heads together to devise ways and means to ward off political, executive and economic powers ever so eager to exert influence on the judiciary, undermining the cardinality of judicial independence.&lt;br /&gt;
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==Differences first erupted over medical scam PIL==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/simmering-differences-in-supreme-court-had-first-erupted-over-medical-scam-pil/articleshow/62480997.cms  Dhananjay Mahapatra, January 13, 2018: ''The Times of India'']&lt;br /&gt;
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''Simmering differences in Supreme Court had first erupted over medical scam PIL''&lt;br /&gt;
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NEW DELHI: The closing of ranks in the judiciary, witnessed in the National Judicial Appointments Commission (NJAC) case three years ago when the Supreme Court (SC) revived the collegium system for the selection of judges to constitutional courts, lay in tatters on Friday when the simmering discontent among the top five SC judges burst out in the open. &lt;br /&gt;
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'''How cases are allocated in Supreme Court '''&lt;br /&gt;
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The immediate trigger for the unprecedented press conference by the four most senior judges — Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph — may have been CJI Dipak Misra's refusal to accede to their request to delete the PIL seeking a probe into CBI judge B M Loya's death from the list of business before court number 10 but the discontent over not being assigned important cases that get space in newspapers and TV channels was simmering for a long time, even before Misra took over the top post in August last year. &lt;br /&gt;
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Justice Chelameswar had protested against the manner in which the collegium functioned and even kept away from its meetings while deciding to put written comments on file for the selection of judges of the SC and HCs during the tenure of then CJI T S Thakur and continued with his stand during CJI H S Khehar's term. However, he had joined collegium meetings during CJI Misra's term. &lt;br /&gt;
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'''What the rift in SC is about '''&lt;br /&gt;
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The first of the major differences between Justice Chelameswar and CJI Misra surfaced in public when a PIL filed by the Committee for Judicial Accountability and Reforms alleging judges' involvement in a medical scam was mentioned for urgent hearing before a bench headed by Justice Chelameswar in December last year. Justice Chelameswar put it up for hearing the next day. But, as is the practice in the SC, the petition got referred to the CJI as the master of roster and he assigned it to a bench headed by Justice A K Sikri. &lt;br /&gt;
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But before the Justice Sikri-led bench could hear it the next day, another petition by advocate Kamini Jaiswal, which was identical to the one filed by the NGO, was mentioned for hearing before the bench headed by Justice Chelameswar with a prayer for urgent hearing. Justice Chelameswar ordered a hearing on the petition at 12.45pm and passed an order placing the petition before a five-judge bench comprising the CJI and the next four most senior judges. &lt;br /&gt;
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As veiled allegations were made against the CJI, with the petitioner's counsel mentioning the arrest of a former Orissa HC judge by the CBI for allegedly taking a bribe to fix a case relating to a medical college, the petition drew massive attention. The other bench headed by Justice Sikri ordered the matter to be placed before the CJI for hearing before an appropriate bench. &lt;br /&gt;
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With Justice Chelameswar virtually taking over the function of the CJI in assigning the petition to a Constitution bench, the CJI hurriedly convened a seven-judge bench, which, within minutes, got reduced to a five-judge bench, and a decision came swiftly that no judge other than the CJI can assign a petition to a particular bench as the CJI is the master of the roster. It annulled Justice Chelameswar's order and assigned the petition by Jaiswal to a bench of Justices R K Agrawal, Arun Mishra and A M Khanwilkar, who are no. 8, 10 and 17, respectively, in the hierarchy. &lt;br /&gt;
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Privately, the senior judges shared their anguish over the CJI not reposing trust in any of them with important cases. Later, the non-assigning of important cases to them, culminating with the petition on Loya's death, triggered the public outburst.&lt;br /&gt;
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==Trigger: Denial of senior bench for PIL on Judge Loya’s death==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar00312&amp;amp;sk=E2D6984D&amp;amp;mode=text  Dhananjay Mahapatra, Final trigger: Rejection of demand for senior bench to hear PIL on judge death, January 13, 2018: ''The Times of India'']&lt;br /&gt;
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New Delhi: The final trigger for the stunning press conference by the four seniormost judges of the Supreme Court came at 10.15am on Friday — just 15 minutes before commencement of proceedings — when&lt;br /&gt;
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Chief Justice Dipak Misra bluntly turned down their last-minute request to shift a politically sensitive case from a particular apex court bench.&lt;br /&gt;
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The CJI made it clear that he would not break tradition, backed by a recent five-judge bench decision giving him sole discretion to assign cases to benches of his choice.&lt;br /&gt;
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On Thursday, a CJI-led bench had admitted a public interest litigation (PIL) seeking a probe into the death of B H Loya, who as special CBI judge was hearing the case of gangster Sohrabuddin Sheikh’s “fake” encounter.&lt;br /&gt;
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The four judges — all members of the crucial collegium by virtue of being No. 2 to No. 5 in seniority — thought that a matter of importance to the integrity of the judiciary and to the nation should be assigned to a bench headed by a judge who was more senior than Justice Arun Mishra, who is 10th in the pecking order of the 25 Supreme Court judges.&lt;br /&gt;
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With the CJI refusing to heed the demand, the rebellious quartet hurriedly called the media at noon after quickly completing the day’s work.&lt;br /&gt;
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Loya died in Nagpur on December 1, 2014. The CBI court subsequently acquitted BJP president Amit Shah, who was among the accused, along with a few others.&lt;br /&gt;
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Supreme Court sources said Misra’s decision was backed by the November 2017 verdict saying the CJI was “master of the roster” and was free to assign cases to any bench and determine the number and composition of judges on a bench.&lt;br /&gt;
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Disappointed by the rejection of their request, the four judges told CJI Misra that they would act as they deemed fit. All four, heading separate benches from court numbers 2 to 5, finished their day’s work within one-and-ahalf hours and rushed to Justice Chelameswar’s house for a press conference which started at 12.20 pm.&lt;br /&gt;
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The CJI’s office said the chief justice has made it clear that he would not break with tradition giving him sole discretion to assign cases to benches of his choice.&lt;br /&gt;
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'''CJI’s office uses rebels’ quote, asks if all are equal, what is the fight'''&lt;br /&gt;
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Cases have been assigned by ex-CJIs — Justices H L Dattu, T S Thakur, J S Khehar — as per their discretion and the present CJI is not doing anything that is contrary to the tradition backed by the constitution bench ruling, sources in the CJI’s office said.&lt;br /&gt;
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This assertion by the CJI’s office found reflection in the letter written by the four seniormost judges to the CJI two months ago. It had said: “There have been instances where cases having far-reaching consequences for the nation and the institution had been assigned by the Chief Justices of this Court selectively to the benches ‘of their preference’ without any rationale basis for such assignment. This must be guarded against at all costs”.&lt;br /&gt;
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The letter also said: “The convention of recognising the privilege of the CJI to form roster and assign cases to different members/benches of the SC is a convention devised for disciplined and efficient transaction of business of the court but not a recognition of any superior authority, legal or factual of the CJI over his colleagues. It is too well settled in the jurisprudence of this country that the CJI is only the first among equals — nothing more or nothing less.”&lt;br /&gt;
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The CJI’s office used this quote and said if these most senior judges were equal to the so-called junior judges in the court, then “what is the grievance against a case getting listed before judge X or judge Y?”&lt;br /&gt;
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==‘Super sensitive’ cases that went to junior SC judges: 1997-2017==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F15&amp;amp;entity=Ar00302&amp;amp;sk=9A55AF0D&amp;amp;mode=text  Dhananjay Mahapatra, January 15, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: 1997-2017-  15 ‘super sensitive’ cases that went to junior SC judges.jpg|1997-2017-  15 ‘super sensitive’ cases that went to junior SC judges &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F15&amp;amp;entity=Ar00302&amp;amp;sk=9A55AF0D&amp;amp;mode=text  Dhananjay Mahapatra, January 15, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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'''See graphic''':&lt;br /&gt;
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''1997-2017-  15 ‘super sensitive’ cases that went to junior SC judges''&lt;br /&gt;
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[''15 ‘super sensitive’ cases in past 20 years went to junior SC judges'''&lt;br /&gt;
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The dramatic press conference by the four seniormost Supreme Court judges to allege that sensitive and important cases were being assigned to “select benches” headed by junior SC judges in the last few months — a charge intended to target Chief Justice Dipak Misra — appears contrary to the way in which such cases have been allotted in the past 20 years.&lt;br /&gt;
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TOI tracked the most ‘sensitive cases of national importance’ in the last two decades. Of them, at least 15 — including those relating to the Bofors scam, Rajiv Gandhi’s assassination, L K Advani’s trial in the Babri Masjid demolition case, the Sohrabuddin Sheikh fake encounter, Best Bakery and the case that changed how BCCI is run — all have one thing in common. They were assigned by the then CJIs not to any of the four seniormost judges of the SC but to ‘select benches’ headed by junior judges.&lt;br /&gt;
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There is little evidence to suggest that seniority of judges is a criterion for allocation of cases, as was suggested by the quartet of Justices J Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph in their letter to the CJI. The manner in which successive CJIs have assigned cases points to a more random selection of benches.&lt;br /&gt;
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Though the dissenting judges did not mention particular cases, apart from confirming that the case of Judge B H Loya was one, the view that “less senior” benches are not as competent does not seem to have been shared by past CJIs.&lt;br /&gt;
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'''Rajiv murder case was assigned to three junior Supreme Court judges'''&lt;br /&gt;
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Some legal experts have argued that the argument raised by the senior SC judges casts a shadow over the independence of other benches and this requires some supportive evidence. Other opinion has held that there is merit in the charges of ‘bench fixing’ levelled by the senior judges and requires a response by the CJI who has held that the roster is his domain as has been the case in the past. Those who disagree with the rebel judges point out that the suggestion that an effort to discreetly &amp;quot;help&amp;quot; the government in cases that might embarrass it needs to be backed up or could be seen as a means to pressure benches hearing various cases.&lt;br /&gt;
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The first of the important cases tracked by TOI relates to appeals filed in 1998 by Nalini and others challenging their conviction and death sentence in the Rajiv Gandhi assassination case. At that point of time, it was the most high profile case in the country. But the then CJI assigned it to three junior judges — K T Thomas, D P Wadhawa and S S M Qadri who sat in courts much farther than those headed by the fifth seniormost SC judge. No questions were raised over selection.&lt;br /&gt;
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In 1999, the CBI filed a new chargesheet in the Bofors case, making stunning allegations. NRI industrialist brothers Srichand and Gopichand Hinduja were made accused. The trial court refused bail. When they came to the SC seeking bail, the then CJI assigned it to court number 8, headed by junior judge M B Shah. They got bail by putting Rs 15 crore bonds. This was not regarded as 'bench fixing' by the then CJI.&lt;br /&gt;
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Advocate Lily Thomas filed a writ petition in 2005 seeking disqualification of MPs and MLAs upon their conviction and sentence for two or more years. Elected representatives were used to holding on to their memberships in Parliament and assemblies by filing an appeal. This game changing petition was assigned by the then CJI to court number 9, which was headed by Justice A K Patnaik, then a junior judge.&lt;br /&gt;
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The Best Bakery case came to SC in 2004 through a writ petition filed by Zahira Habibullah Sheikh. The Gujarat riots case, which earned the then Gujarat government the tag of 'modern day Nero', was handled by then junior judge Justice Arijit Pasayat sitting in court number 11.&lt;br /&gt;
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Rubabuddin Sheikh, brother of Sohrabuddin who was killed in a fake encounter, filed a writ petition in 2007. The case, which turned out to be politically crucial for Amit Shah and Gujarat police, was assigned to a bench sitting in court number 11 headed by Justice Tarun Chatterjee, one of the junior most SC judges at that time. Orders from the court created trouble for BJP and its leadership in Gujarat and did not attract any comment from activist lawyers about possible 'bench fixing'.&lt;br /&gt;
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In 2009, renowned advocate Ram Jethmalani launched a crusade against black money by filing a petition in the SC. The case, which became an election issue in 2014, was handled by court number 9 and by a bench of then 'junior judges' Justices B Sudershan Reddy and S S Nijjar. A year later in 2010, an NGO led by advocate Prashant Bhushan brought the case relating to alleged irregular allotment of 2G spectrum and the then CJI assigned it to court number 11 of Justices G S Singhvi and A K Ganguly. No one can fault the way they handled the case despite being juniors.&lt;br /&gt;
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The same year, the Delhi HC gave a landmark judgment decriminalising consensual sexual relationship in private between adults of LGBTQ community. The appeal by one Suresh Kumar Kaushal in the SC was assigned by to court number 11where a bench headed by Justice G S Singhvi heard it for the first time.&lt;br /&gt;
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In 2011, the CBI filed an appeal, after much dithering, questioning the Allahabad HC decision to drop conspiracy charge against L K Advani and a host of BJP stalwarts in the Babri masji demolition case. In March 4, 2011, the case was heard in court 8 by a bench of Justices V S Sirpurkar and T S Thakur. The bench changed to Justices H L Dattu and Chandramauli Prasad in court 11, then to court number 9 of Justices M Y Eqbal and Arun Mishra in 2016. It passed on to court number 6 of Justices P C Ghose and R F Nariman which gave judgment on April 19 last year reviving the conspiracy charge.&lt;br /&gt;
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In 2012, four explosive PILs were filed — irregular allotment of coal blocks that came close to singe then PM Manmohan Singh, validity of Aadhaar, validity of 66A of Information Technology Act and an alleged sexual assault case against Rahul Gandhi. The coal scam petition by advocate M L Sharma was assigned to a bench headed by Justice R M Lodha sitting in court number 7.&lt;br /&gt;
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The petition challenging the validity of Aadhaar was the only exception to the general rule as it was assigned to court number 5, headed by Justice B S Chauhan. Still the judges with seniority at two, three and four could harbour a grievance why it was not assigned to them by the CJI.&lt;br /&gt;
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An appeal filed by one Kishore Samrite presented a judgment passed by Allahabad HC, which had dismissed Samrite's petition with a cost of Rs 50 lakh, of which Rs 20 lakh was to be given to Rahul Gandhi. The then CJI assigned this to a bench of Justices V S Sirpurkar and T S Thakur in court number 8 and then changed the bench to Justices B S Chauhan and Swatanter Kumar, which dismissed it with a cost of Rs 5 lakh on Samrite.&lt;br /&gt;
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==Seniority is a sacred principle for judges==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01400&amp;amp;sk=6135F966&amp;amp;mode=text  Dhananjay Mahapatra, January 13, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: The numbering and organisation of the Supreme Court of India’s (upto) twelve counts, and the allotment of work to them.jpg|The numbering and organisation of the Supreme Court of India’s (upto) twelve counts, and the allotment of work to them &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01400&amp;amp;sk=6135F966&amp;amp;mode=text  Dhananjay Mahapatra, January 13, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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New Delhi: Seniority is a sensitive issue for high court judges — being the determinant of their career prospects, be it possible appointment as chief justice of an HC, elevation to the Supreme Court and, for the lucky ones, appointment as Chief Justice of India.&lt;br /&gt;
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Though there have been many instances in the past when HC judges were elevated directly to the SC as judges without becoming chief justices of HCs, the principle of seniority continues to be treated with utmost reverence.&lt;br /&gt;
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A judge in the SC gets seniority from the time he takes oath. If more than one take oath on the same day, the one who is sworn in first becomes the senior among them.&lt;br /&gt;
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In case of Justice Jasti Chelameswar, one of the prime movers in the revolt against CJI Dipak Misra on Friday, it was non-adherence to seniority in elevation to the SC as a judge that robbed him of the chance of becoming the CJI.&lt;br /&gt;
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Justice Chelameswar was appointed as an HC judge on June 23, 1997, which was after the appointment of CJI Misra and his immediate predecessor Justice J S Khehar. Justice Misra was appointed as an HC judge on January 17, 1996 while Justice Khehar was appointed on February 8, 1999. But Justice Chelameswar became chief justice of Gauhati HC on May 3, 2007, much before Justice Khehar (November 29, 2009) and Justice Misra (December 23, 2009).&lt;br /&gt;
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However, Justice Chelameswar’s seniority advantage of more than two years over Justices Khehar and Misra was nullified by the then collegium, which appointed Justice Khehar as an SC judge on September 13, 2011, nearly a month before Justices Misra and Chelameswar took oath on October 10, 2011.&lt;br /&gt;
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Fate again played played a trick with Justice Chelameswar as he took oath after Justice Misra, the latter, thus, becoming senior to him.&lt;br /&gt;
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If seniority had taken its course, Justice Chelameswar would have taken over CJI on January 4, 2017 after the retirement of then CJI T S Thakur; ie, before even Justice Khehar, who was succeeded by Justice Misra on August 28, 2017.&lt;br /&gt;
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With the collegium, along with destiny, deciding otherwise, Justice Chelameswar has never refrained from articulating his gripe about the games played in the collegium as it selects people as judges of the SC and HCs. He had put this angst on record in his dissenting judgment as part of the five-judge bench, which by majority had quashed the NJAC which was meant to end collegium’s monopoly in the appointment of judges of HCs and SC .&lt;br /&gt;
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Quoting former SC judge Ruma Pal Justice Chelameswar had said that the collegium acted like a coterie, and that there was a barter system among member judges.&lt;br /&gt;
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Seniority carries other benefits too, especially the privilege of appointing judges of the SC and HCs. The first three SC judges, including the CJI, get to select persons for appointment as judges of HCs. The privilege of appointing chief justices belongs to the five seniormost judges who comprise the collegium. The CJIheaded body also selects persons from among advocates, HC judges and HC CJs for appointment as SC judges. This earns the top five enormous respect among advocates and HC judges.&lt;br /&gt;
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=Judges’, including CJI’s, inter se seniority, authority=&lt;br /&gt;
==2018: ‘No Senior/ Junior Judges; CJI ‘ first among equals’, s/he alone can assign cases==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F04%2F12&amp;amp;entity=Ar00300&amp;amp;sk=59D30F83&amp;amp;mode=text  Dhananjay Mahapatra, SC: CJI ‘ first among equals’, alone entitled to assign cases, April 12, 2018: ''The Times of India'']&lt;br /&gt;
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''No Senior Or Junior Judges, Top Court Says''&lt;br /&gt;
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The Supreme Court ruled that there was no concept of “senior” or “junior” SC judges as all were equally competent to decide any case allotted to them by the Chief Justice of India, who alone had the power to constitute benches and assign cases.&lt;br /&gt;
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Dismissing a PIL filed by advocate Ashok Pande demanding that the CJI-headed three-judge bench must have the two other most senior judges on it, a bench of CJI Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said it was unimpeachably ruled earlier by a fivejudge bench that the CJI was the master of the roster and had the sole discretion of deciding the composition of benches and assigning cases.&lt;br /&gt;
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At an unprecedented press conference on January 12, four senior judges led by Justice J Chelameswar had specifically complained against the allocation of a petition relating to judicial officer B H Loya’s death to a bench headed by a “junior” judge while questioning the CJI’s alleged arbitrary allocation of important cases to benches headed by “select junior” judges.&lt;br /&gt;
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Writing the unanimous judgment that appeared to be a point-by-point rebuttal to the judges’ grievances aired in the press conference and Justice Chelameswar’s subsequent interaction with the media, Justice Chandrachud said the Chief Justice of India was the first among equals (judges) and had “exclusive prerogative in the allocation of cases and the constitution of benches”. He added, “As a repository of constitutional trust, the CJI is an institution in himself.”&lt;br /&gt;
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'''Chief justices of HCs to decide allocation of cases: SC'''&lt;br /&gt;
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Justice Chandrachud said: “The authority which is conferred upon the CJI, it must be remembered, is vested in a high constitutional functionary. The authority is entrusted to the CJI because such an entrustment of functions is necessary for the efficient transaction of the administrative and judicial work of the SC.”&lt;br /&gt;
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“The entrustment of functions to the CJI as the head of the institution is with the purpose of securing the position of the SC as an independent safeguard for the preservation of personal liberty. There cannot be a presumption of mistrust. The oath of office demands nothing less.”&lt;br /&gt;
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Slamming the petitioner’s attempt to classify Supreme Court judges as “senior” and “junior” according to the date of their taking oath in the apex court, Justice Chandrachud said, “Every judge appointed to the SC is invested with equal duty of adjudicating cases which come to the court and are assigned by the CJI. Seniority in terms of appointment has no bearing on which cases a judge should hear.&lt;br /&gt;
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“To suggest that any judge would be more capable of deciding particular cases or that certain categories of cases should be assigned only to the senior-most among SC judges has no foundation in principle or precedent. To hold otherwise would be to cast reflection on the competence and ability of other judges to deal with all cases assigned by the CJI, notwithstanding the fact that they have fulfilled the qualification mandated by the Constitution for appointment to the office.”&lt;br /&gt;
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Another PIL by senior advocate and former law minister Shanti Bhushan, filed through his advocate-son Prashant Bhushan, which sought assigning of cases to the collegium comprising the CJI and the four most senior judges, is pending with the SC. The three-judge bench said, “The Supreme Court has been authorised under Article 145 to frame Rules of Procedure...the petitioner is not entitled to seek a direction that benches of this court should be constituted in a particular manner.”&lt;br /&gt;
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Touching on the functioning of high courts headed by chief justices, the SC said, “In deciding upon the allocation of work and the constitution of benches, the chief justices of HCs have to determine the number of benches which need to be assigned a particular subject matter keeping in view the inflow of work and arrears. The CJs are guided by the need to ensure orderly functioning of the court and the expeditious disposal of cases.”&lt;br /&gt;
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=’Judicial legislation’=&lt;br /&gt;
==Transgressing separation of power between legislature, executive and judiciary?==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=LEGALLY-SPEAKING-Nota-to-quota-SC-had-a-27032017012032  Dhananjay Mahapatra, Nota to quota: SC had a field day in judicial overreach, Mar 27, 2017: The Times of India]&lt;br /&gt;
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In March 2017, members of Parliament cutting across party lines were agitated by the Su preme Court allegedly transgressing the cardinal separation of power between the legislature, the executive and the judiciary . The MPs accused the SC of “overstepping“ its jurisdiction to get into the law-making domain through its judgments.&lt;br /&gt;
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They appear to be still riled by the October 2015 judgment of the SC striking down a unanimously passed legislation creating National Judicial Appointments Commission (NJAC) to replace the `opaque' collegium system for selection of judges. What added fuel to the anger was the SC's decision to entertain a PIL questioning life-long pension and freebies to MPs and MLAs.&lt;br /&gt;
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Law minister Ravi Shankar Prasad attempted to assuage the ruffled feathers by declaring, “Parliament to enact, executive to formulate and judiciary to interpret. In this light, if separation of power principle is binding on all, I am sorry to say that it is equally binding on the judiciary .“&lt;br /&gt;
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Why did the SC transgress the boundary of separation of power and attempt to perform tasks entrusted to the legislature and the executive? Since 1950, the SC has been the sentinel of fundamental rights of citizens, who were many a time ignored by both legislators and the executive. In protecting these precious rights, the SC had to walk the extra mile.&lt;br /&gt;
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'''Remember Vishaka case?'''&lt;br /&gt;
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Though the Constitution had guaranteed equal opportunity to men and women, women had been facing sexual harassment at work place for decades, enduring the depraved acts of male superiors in offices. Lawmakers knew this. But they failed to take steps to legislate and protect women from depraved male colleagues.&lt;br /&gt;
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The SC preferred not to remain silent. It virtually legislated by providing a mechanism for working women to complain against colleagues and bosses if they passed sexist remarks or indulged in sexual harassment. None of the MPs termed this judgment as judicial overreach.&lt;br /&gt;
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And the Shah Bano case? For decades, divorced Muslim women lived a life in penury as there was no provision in Muslim personal law to fasten liability on husbands to provide for maintenance to wives after talaq. The SC craftily used Section 125 of Criminal Procedure Code to step around the vacuum in Muslim personal law and granted alimony to divorced Muslim women. No one protested against this judgment as judicial overreach. In fact, it was hailed as a secular judgment. In a federal structure like ours governed by the principle of separation of powers, it is difficult for the judiciary , tasked to protect the fundamental rights of poor voiceless citizens, to close the doors of relief saying the boundary of separation of power is too high to scale.&lt;br /&gt;
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Take for example the Indra Sawhney case. The SC was hailed as the institution that quelled wild protests by students by ruling in favour of the legislation granting reservation to OBCs, which was over and above the existing quota for SCs and STs. However, it also legislated by capping total quota at 50% of government jobs. The legislators did not mind, as the SC ruling had doused the protests.&lt;br /&gt;
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The SC transgressed the principle of separation of power again in S R Bommai case by severely curtailing the Union government's power under the dreaded Article 356, under which the Centre, till the 1990s, used to topple elected governments in states at will by imposing President's rule. The restrictions on use of Article 356 were termed as an interpretation of the Constitution, even though for an independent analyst it could qualify as legislative exercise by the SC.&lt;br /&gt;
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On the election front too, the SC has legislated many times. In the Association of Democratic Reforms case, it put in a new law making it mandatory for candidates to declare their educational, wealth and criminal details to enable voters to make an informed choice while pushing the EVM button.&lt;br /&gt;
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It also brought in the concept of NOTA, which gave the voter the option of declaring that none of the contesting candidates was worthy of his vote. In addition, the SC also legislated by declaring that an elected representative, who has been convicted and sentenced in such a manner to earn disqualification, cannot continue as a member of the House concerned by merely filing an appeal against the conviction and sentence in a higher court.&lt;br /&gt;
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No one protested against it as public sentiment, given the abuse of position by some elected representatives, was in favour of the judgment.Parliamentarians have a right to criticise the SC, for it is manned by human beings who are not infallible. But they should always keep in mind what the SC said in S P Gupta case [1982 (2) SCR 365], “...While the administration of justice draws its legal sanction from the Constitution, its credibility rests in the faith of the people. Indispensable to that faith is the independence of the judiciary . An independent and impartial judiciary supplies the reason for the judicial institution, it also gives character and content to the constitutional milieu.“&lt;br /&gt;
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Rational criticism, and not motivated angst, always strengthens an institution. And we all know and believe that wise parliamentarians would always mean well to criticise the SC in such a manner so as to strengthen its independence to enable it to dispense justice without fear and favour.&lt;br /&gt;
==Judicial overreach and co-governing India==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Q-A-Court-appears-to-be-engaging-in-08052017014033 May 08 2017 : The Times of India (Delhi)  Court appears to be engaging in unrestrained judicial overreach| Justice AP Shah talking to Sanjiv Shankaran | The Times of India]&lt;br /&gt;
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Q &amp;amp; A - `Court appears to be engaging in unrestrained judicial overreach ... uncertainty around policy because of SC interventions'&lt;br /&gt;
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'' Some recent Supreme Court judgments, which have had a significant impact on policy issues, have triggered a debate on its powers. '' ''' AP Shah, former chief justice of Delhi high court ''' '' and former law commission chairman, spoke to ''' Sanjiv Shankaran ''' on the issue and the apex court's fundamental role: '' &lt;br /&gt;
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''' Is SC's role in co-governing India consistent with Constitution's spirit? ''' &lt;br /&gt;
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In the 1980s, after the Emergency, judiciary transformed itself into an institution that was enjoined to promote the ideals of socio-economic and political justice.&lt;br /&gt;
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Judiciary developed public interest litigation, or PILs, as a jurisdiction to transform constitutional promises into reality , and open the doors to those groups of people who were not free to approach the courts due to socio-economic factors. The idea was to make human rights meaningful for weaker sections of society. Then it gradually recognised rights of undertrials, juveniles, right to privacy, right to speedy trials and so on. It also covered areas like environment. This is how the idea of PILs began and started expanding. Article 21 was expanded as well, recognising right to education, work, shelter and so on. It was undeniably a glorious chapter in history of Indian judiciary .&lt;br /&gt;
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Lately , however, the court has taken on a role of co-governance. Indeed, I fear that it has become the norm almost. The court, through its decisions, is virtually overriding the constitutional concept of separation of powers. There are judicial diktats on every other subject, many of which are rank populist decisions, for example, the decision in the BCCI matter, where the court is practically running the cricket board on a day to day basis. Besides this, the court also entertains completely frivolous matters like the national anthem case, or the one on Sikh jokes.&lt;br /&gt;
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In sum, the court appears to be engaging in unrestrained judicial overreach, mostly by recourse to Article 142, and issuing judicial diktats.&lt;br /&gt;
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Populist approach would destroy the idea of PIL as envisaged originally decades ago. SC is trying to govern the country, and trying to correct every ill that exists.But this is neither within the powers of the court, nor does it have the capacity to do so. The priority must be protection of human rights and fundamental rights.&lt;br /&gt;
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''' Does the recent record suggest that evidentiary basis for judgments is satisfactory , particularly if the outcome has a significant fallout? ''' &lt;br /&gt;
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The alcohol ban is a case in point where the court's decision has had catastrophic financial consequences. In effect, the court drastically altered the central government's policy without realising the implications. I believe this is in the range of anything between Rs 50,000-75,000 crore, and has led to the loss of a million jobs.&lt;br /&gt;
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SC has missed the target on this one.&lt;br /&gt;
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There should have been decisive steps taken against drunken driving. The decision may be well intentioned, but it has effectively gone against the thriving hospitality industry.&lt;br /&gt;
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As a result, there is also a lot of uncertainty around policy , because of the interventions of SC. Such decisions have serious financial repercussions, which, I fear, the court is not equipped to understand.&lt;br /&gt;
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''' Taking a look at Aadhaar case, is SC's scheduling of hearings contributing in a round about way to a roll-out of policy? ''' &lt;br /&gt;
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There are very serious issues involved in the petition before SC, including whether the Aadhaar Act could have been passed as a money bill.&lt;br /&gt;
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It is useful to recap what happened.The case came before a three-judge bench in August 2015. The court granted interim relief restricting the use of Aadhaar to two schemes on a voluntary basis. When it went to a five-judge bench in October 2015, the two schemes were expanded to six schemes. On both occasions, the court said it was an important issue and should be heard expeditiously.&lt;br /&gt;
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In spite of that observation, the matter is not being given priority. In the meantime, the central government started issuing notification upon notification making Aadhaar mandatory for various purposes, in disregard of the interim order. Surprisingly, the Chief Justice of India has made an observation that the non-mandatory nature of Aadhaar extends only to social welfare and benefit schemes, and that it did not apply to other things like verification of income tax returns or registration of mobile numbers. This is completely at odds with the interim order passed by the constitution bench.&lt;br /&gt;
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Somewhere, priorities are getting lost, and the court is wasting its time in trying to address policy issues, which are clearly not in its domain. This becomes all the more critical when we realise that pendency in SC has crossed 60,000 cases.&lt;br /&gt;
== CBI probes: House panel slams SC, HCs for monitoring them==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=House-panel-slams-SC-HCs-for-monitoring-CBI-09122015013031 ''The Times of India''], Dec 09 2015&lt;br /&gt;
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Neeraj Chauhan&lt;br /&gt;
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'''House panel slams SC, HCs for monitoring CBI probes'''&lt;br /&gt;
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''Courts Are Overstepping Their Brief''&lt;br /&gt;
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In a significant remark on the judiciary's intervention in CBI investigations, a parliamentary committee has stated that the Supreme Court and high courts have started performing the functions of the lowest rung of criminal justice system, taking over the role of a magistrate.&lt;br /&gt;
Asserting that superior courts are working beyond their powers, the parliamentary standing committee on personnel, public grievances, law and justice said, “The superior courts which are courts of appeal under Sec tion 374 of the Code of Criminal Procedure (1973) are even directing CBI in a number of cases to report day-to-day progress in a sealed cover bypassing sections 172 and 173 of the CrPC and performing functions envisaged under the criminal justice system of the country for the lowest rung of criminal courts and also appreciating the evidence which under section 173 of CrPC is required to be done by the magistrate.“&lt;br /&gt;
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The panel's observations come at a time when most of the big-ticket CBI cases, including 2G spectrum allocation scam, coal block allocation scam, Vyapam scam, Virbhadra Singh corruption probe and ponzi schemes like Saradha, are being either monitored or regularly heard by the Supreme Court and several high courts. In fact, in the 2G and coal scams, the Supreme Court restricted all other courts to entertain any application against orders passed by the trial court.&lt;br /&gt;
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The committee said, “...various high courts and Supreme Court are frequently issuing directions to the CBI to handle cases relating to Prevention of Corruption Act, 1988, as also of `public order'. As a result, the jurisdiction and powers of the CBI have widened and deepened and have far exceeded than what was contemplated under the Delhi Special Police Act, 1946.“&lt;br /&gt;
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The committee, headed by E M Sudarsana Natchiappan, points to “judicial activism of higher judiciary by taking pains of overseeing an investigation and passing interim directions to the CBI and even preempting the rights and remedies available to affected persons under criminal justice system. It may , therefore, appear to affected persons as a pre-emptive and colourable exercise of power by the superior courts“.&lt;br /&gt;
&lt;br /&gt;
=Key rulings, year-wise=&lt;br /&gt;
==2015==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=NJAC-poll-eligibility-Jat-quota-key-2015-rulings-01012016012012 ''The Times of India''] Jan 01 2016&lt;br /&gt;
&lt;br /&gt;
Amit Anand Choudhary&lt;br /&gt;
&lt;br /&gt;
''' Women's Rights Too Hogged Limelight In SC '''&lt;br /&gt;
&lt;br /&gt;
In the year gone by , the Supreme Court constitutionally spurned the historic offer from Parliament to throw light on one of its darkest alleys -the road to appoint judges. Parliament enacted National Judicial Appointments Commission (NJAC) to bring in transparency in the process of appointment of judges in the apex court and high courts. But, the SC strangely put its vote on the opaque collegium system of judges selecting judges.&lt;br /&gt;
&lt;br /&gt;
The overwhelming public support for NJAC -the unanimous decision of Parliament and its ratification by 20 states -could not persuade the SC, which said independence of judiciary could be in danger if the Executive, the largest litigant, participated in selection of judges. But, the court was quite alive to the concerns of the public when it came to deciding the validity of Section 66A of Information Technology Act.&lt;br /&gt;
&lt;br /&gt;
It had no reservation in scrapping the law saying it impeded the citizens' right to freedom of speech and expression.&lt;br /&gt;
&lt;br /&gt;
The SC also saw through the politics behind the UPA 's decision ahead of the 2014 general elections to grant OBC status to Jats, seen as a prosperous community . The NDA too attempted to woo the Jats by defending the UPA decision. But, the SC minced no words and called the decision to give quota to Jats in jobs and admissions to educational institutions a `negative and retrograde' step.&lt;br /&gt;
&lt;br /&gt;
Irrespective of the political party in power, there has always been a tendency to project their top leaders in government advertisements with taxpayers' money . The SC put an end to it by ruling that no politician's face, except that of President and the Prime Minister, can be put in government advertisements.The chief ministers were the worst hit by this decision and many states have approached the SC to permit the photos of CMs to be displayed in government advertisements.&lt;br /&gt;
&lt;br /&gt;
One may not need any educational qualification to become an MP or MLA. But in a significant decision, the SC upheld the Haryana government's law laying down educational criteria for panchayat polls.&lt;br /&gt;
&lt;br /&gt;
The SC virtually brought down the curtains on the long political career of former Haryana CM Om Prakash Chautala by upholding his conviction and 10-year jail term in teachers' recruitment scam case. N Srinivasan, who was at the helm of BCCI was bowled out by the SC which condemned him for failing to maintain purity of the `gentleman's game' by blinking at the maladies like betting and spot-fixing.&lt;br /&gt;
&lt;br /&gt;
The court saw a midnight drama just before the scheduled hanging of Yakub Abdul Razak Memon, the lone condemned prisoner in 1993 serial blasts case of Mumbai. Despite repeatedly rejecting his plea for life sentence, the SC did not hesitate to hear his advocates again when they knocked at its doors in a last gasp attempt.&lt;br /&gt;
&lt;br /&gt;
The court passed a series of orders in 2015 to reinforce the rights of women who are despised by society for living an unconventional life.In a path-breaking verdict, it ruled that an unwed mother must be recognised as a legal guardian of her child and she cannot be forced to reveal the name of the father or seek his consent to get guardianship of the child.&lt;br /&gt;
&lt;br /&gt;
It also held that an unmarried couple, living together as husband and wife, would be presumed to be legally married and the woman would be eligible to inherit the property after the death of her partner. It also held that a woman was entitled to maintenance from her live-in partner.&lt;br /&gt;
&lt;br /&gt;
The court also expressed concern over women being used as surrogate mothers by foreigners and directed the government to ban commercial surrogacy . This prompted the Centre to roll back its 2013 decision allowing import of human embryos for artificial reproduction.&lt;br /&gt;
==2016: Important judgements==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=From-homebuyers-to-beard-growers-cricket-czars-to-30122016017022  AmitAnand Choudhary: SC rulings in some important judgements, Dec 30, 2016: The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Cloaked constitutionally to do complete justice, the Supreme Court in 2016 played referee in a variety of matches relating to legality of decisions in areas as diverse as politics, cricket, finance and religious practice.&lt;br /&gt;
&lt;br /&gt;
In the political arena, it red carded the Arunachal Pradesh governor for dismissing a Congress government led by Nabam Tuki and ordered its resurrection.&lt;br /&gt;
&lt;br /&gt;
But Congress failed to reap benefits of this landmark decision. Tuki could not reclaim the chief minister's chair. It went to Pema Khandu. Later, Congress legislators under Khandu stormed out of the grand old party to from a new outfit.&lt;br /&gt;
&lt;br /&gt;
Dealing a double blow to the NDA government, the SC also quashed the Centre's decision to dismiss the Congress government in Uttarakhand and impose central rule. The SC restored the Congress government led by Harish Rawat, who had better luck than Tuki.&lt;br /&gt;
&lt;br /&gt;
In cricket, the apex court continued its role as a tough umpire and imposed stringent field restrictions for the management to force them to implement its July 18 verdict to bring transparency and accountability in cricket administration.&lt;br /&gt;
&lt;br /&gt;
The Decision Review System (DRS) did not help.The SC dismissed the BCCI's two petitions seeking review of the reforms judgment, sending a clear signal to the board to fall in line.&lt;br /&gt;
&lt;br /&gt;
New Year could herald more problems as the SC will decide whether to appoint an administrator for BCCI in the first week of January .Not only this, the SC's decision in the contempt of court petition against BCCI president Anurag Thakur will also set a new milestone.&lt;br /&gt;
&lt;br /&gt;
The reforms judgment was based on a report by a committee headed by former CJI R M Lodha and com prising former SC judges Ashok Bhan and R V Raveendran. The court accepted each and every suggestion of the committee for infusing transparency and objectivity in the administration and finances of the board.&lt;br /&gt;
&lt;br /&gt;
In the financial sphere, Prime Minister Narendra Modi's big-ticket decision to rid the country of black money through demonetisation came under the SC scanner through scores of PILs. The court attempted to regulate government action to provide succour to common people facing harassment because of currency crunch.&lt;br /&gt;
&lt;br /&gt;
Though the SC took note of the hardship faced by common people because of demonetisation, it referred to a five-judge bench to determine the constitutional validity and procedural reasonableness of the policy decision.&lt;br /&gt;
&lt;br /&gt;
Public interest figured high on the SC's list of business in 2016, when it passed a slew of directions to reduce pollution. Its interference also forced the Haji Ali dargah management to allow women to enter its inner sanctum, which had remained closed for them since 2012. The court is also dealing with petitions to open the doors of Sabarimala temple in Kerala to women irrespective of their age. At present, women in the menstruating age are barred from entering the temple because of the deity's celibacy.&lt;br /&gt;
&lt;br /&gt;
But 2016 will go down in history as one of those years when the relationship between the judiciary and the executive touched the nadir.CJI TS Thakur slammed the government for sitting over recommendations for appointment of judges to high courts, which fought a monstrous pendency of cases with their backs to the wall as 43% of judges' posts remain vacant.&lt;br /&gt;
&lt;br /&gt;
The government hit back saying the CJI-headed collegium had not been finalising the memorandum of procedure for appointment of judges, which was ordered to be re-framed by a fivejudge SC bench.&lt;br /&gt;
&lt;br /&gt;
Without the new MoP, it would be improper to continue appointment of judges as per the `opaque' system followed by the collegium, the government said and reminded the CJI about the `laxman rekha'. Despite the CJI's criticism, the law minister claimed that the Centre had appointed a record 126 judges to HCs in 2016.&lt;br /&gt;
&lt;br /&gt;
After putting cricket czars in a fix with the bitter dose of reforms, ex-CJI R M Lodha was called upon by the SC to suggest reforms in administration of medical education in the country by scrutinising alleged mismanagement in Medical Council of India. The SC also asked Justice Lodha to supervise the sale of assets of Pearl group and refund Rs 49,000 crore to public who had invested in the firm's illegal collective investment scheme (CIS).&lt;br /&gt;
&lt;br /&gt;
It held that people from the Muslim community could not be allowed to grow beard after joining IAF, saying that discipline, uniformity and cohesiveness in armed forces was too important to be sacrificed for religious belief of its personnel who want to follow the practice which was against rules of a defence force.&lt;br /&gt;
&lt;br /&gt;
The year also kept the SC busy in exploring ways to tackle the pollution crisis in the national capital. It passed a slew of directions including restricting entry of trucks into Delhi and imposing 1% environment cess on diesel SUVs and high-end private cars with engine capacity of 2000cc and above.&lt;br /&gt;
&lt;br /&gt;
The court came to the rescue of several home buyers, harassed by real estate developers not handing over possession of flats on time.The court made it clear to developers that they would have to deliver as per their promise irrespective of whether they “sink or die“.&lt;br /&gt;
&lt;br /&gt;
==2017==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F01&amp;amp;entity=Ar01217&amp;amp;sk=4E1495DC&amp;amp;mode=text  Dhananjay Mahapatra, SC rulings settled national debates in 2017, but it weakened internally, January 1, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Attitude, approach and rectitude of a Chief Justice of India brings in marked changes in the core character of the Supreme Court. In 2017, the SC saw three CJIs. But Justice J S Khehar, followed by Justice Dipak Misra, set the ball rolling by taking up for adjudication constitutional issues that were brushed under the carpet for years.&lt;br /&gt;
&lt;br /&gt;
Many constitution benches were set up to deal with pending issues — from validity of Aadhaar which halfway through gave birth to the path-breaking right to privacy as a fundamental right, to tricky issues like misbehaviour of a sitting high court judge.&lt;br /&gt;
&lt;br /&gt;
This made the SC appear truly a constitutional court, a role assigned by the Constitution and envisaged by the framers of the Constitution. The SC, sitting at the top of the three-tier judiciary, had for the last two decades got mired in too many PILs, giving fodder to politicians to slam the judiciary for encroaching into the executive’s domain.&lt;br /&gt;
&lt;br /&gt;
In the 2017 balance sheet, the SC had many positives. To overcome an eight-judge bench decision negating the fundamental nature of right to privacy more than 50 years ago, a nine-judge bench took up the important issue for scrutiny keeping in mind citizens’ vulnerability to present day gadget-encouraged intruding tendencies.&lt;br /&gt;
&lt;br /&gt;
“Right to privacy is an integral part of right to life and personal liberty guaranteed in Article 21 of the Constitution,” the nine-judge bench ruled unanimously while comprehensively rejecting the NDA government’s stand against privacy being conferred the status of fundamental right.&lt;br /&gt;
&lt;br /&gt;
The SC shed its traditional nervousness in dealing with issues having religious overtones to set up a multifaith five-judge bench to examine petitions by Muslim women challenging the legality of triple talaq, a tool used by Muslim men to divorce wives instantaneously.&lt;br /&gt;
&lt;br /&gt;
The bench ruled that triple talaq was arbitrary and violated right to equality guaranteed under Article 14 because it gave Muslim men unilateral right to terminate marriage without any rapprochement. It was a decisive step towards gender equality, which for centuries was strangulated in the&lt;br /&gt;
&lt;br /&gt;
name of religion. The SC ruled that triple talaq was not sanctioned by the Quran and hence not part of Islamic religious practices.&lt;br /&gt;
&lt;br /&gt;
Following the footsteps of the Bombay High Court which threw open the Shani Shingnapur temple to women, the SC helped women gain entry into the sanctum sanctorum of the famous Haji Ali dargah in Mumbai. The SC’s nudge made the Valsad Zoroastrian panchayat permit two Parsi women, forbidden from entering the Tower of Silence because they married outside the community, to enter the premises to perform the last rites of parents.&lt;br /&gt;
&lt;br /&gt;
A bench of top seven SC judges, including the CJI, was constituted to deal with open defiance and derogatory comments of sitting Calcutta HC judge Justice C S Karnan.&lt;br /&gt;
&lt;br /&gt;
Putting a premium on judicial discipline, decorum and dignity, the bench sentenced Justice Karnan to sixmonth imprisonment holding him guilty of contempt. For the first time in the SC’s 67-year history, a sitting judge was jailed. Though embarrassing, it sent a loud message to everyone, both within and outside judiciary, about non-negotiability of rule of law and judicial dignity.&lt;br /&gt;
&lt;br /&gt;
If decisions on right to privacy, triple talaq and Justice Karnan settled raging national debates, the SC’s upholding of a trial court decision to convict and sentence V K Sasikala in a DA case had a tectonic effect on Tamil Nadu politics. Tremors of the verdict continue to smudge the state’s political canvas.&lt;br /&gt;
&lt;br /&gt;
Concerned by alarming levels of pollution, the SC on Diwali-eve banned sale of crackers in Delhi and the National Capital Region. But the decision was hardly a deterrent as pollution refuses to go away.&lt;br /&gt;
&lt;br /&gt;
The Medical Termination of Pregnancy (MTP) Act permitted a woman to terminate a problematic pregnancy or diseased foetus only up to 20 weeks. When the SC on humanitarian considerations allowed a minor to terminate her over 20-week pregnancy, there was a deluge of similar applications.&lt;br /&gt;
&lt;br /&gt;
The SC turned into a window of hope for distressed women with more than 20 week pregnancies to get medical boards’ opinions for safe termination. A pertinent questioned emerged from this exercise — should Parliament amend the law to allow termination of over 20-week pregnancies in exceptional situations?&lt;br /&gt;
&lt;br /&gt;
One cannot end the narrative for the year in the SC without mentioning the medical admission scam that saw a retired HC judge arrested and indicated possible involvement of a sitting Allahabad HC judge. The scam threatened to singe the SC itself with spirited advocates insinuating against the incumbent CJI. Rules were thrown to the winds when advocates decided to pursue PILs on the issue before a particular bench, which obliged.&lt;br /&gt;
&lt;br /&gt;
The crisis made CJI Misra hurriedly constitute a fivejudge bench which ruled that the CJI was the master of the roster and no other judge could decide when and who would hear a petition. The course correction brought a diminishing trust quotient within the SC into the open.&lt;br /&gt;
&lt;br /&gt;
On the administrative side, the CJI instituted an inquiry into complaints against the Allahabad HC judge who had permitted a private medical college, despite complete a ban by the SC, to admit students for the 2017-18 academic year.&lt;br /&gt;
&lt;br /&gt;
Alarming level of vacancies in HC judges has remained stagnant at 40% of sanctioned strength. Nine HCs are without chief justices. The SC has six vacancies. 2018 has to be the year of appointments. The CJI-headed collegium must attempt to fill SC vacancies, followed by appointment of CJs to HCs.&lt;br /&gt;
&lt;br /&gt;
Two years have passed since a constitution bench ordered framing of memorandum of procedure for appointment of judges. Sadly, the law minister and the collegium have not been able to sort out contentious issues. It is time for wise heads, in the government and the judiciary, to resolve this lingering disagreement, which is impacting speedy justice.&lt;br /&gt;
&lt;br /&gt;
=Landmark shifts of stance=&lt;br /&gt;
==Case studies, seven==&lt;br /&gt;
[http://articles.timesofindia.indiatimes.com/2010-01-23/india/28127376_1_ninth-schedule-due-process-shifts The Times of India]&lt;br /&gt;
&lt;br /&gt;
''' Case studies: Supreme Court’s landmark shifts ''' &lt;br /&gt;
&lt;br /&gt;
The apex court is rightly hailed for its stellar role. But little has been written about its dramatic shifts on a range of key issues. TOI brings you the untold story &lt;br /&gt;
&lt;br /&gt;
''' Manoj Mitta ''' &lt;br /&gt;
&lt;br /&gt;
Raising a toast for the establishment of the Supreme Court as India turned into a Republic, C K Daphtary, who went on to become the first solicitor general, said in January 1950, “A republic without a pub is a relic!” &lt;br /&gt;
&lt;br /&gt;
Jokes apart, no appraisal of the 60 years of the Indian Republic can ignore the stellar role played by the Supreme Court in maintaining the constitutional scheme of checks and balances. Equally, no appraisal of the Supreme Court can be complete without delving into the vagaries of its rulings, for better or for worse — especially because the shifts in its position have not always been for reasons beyond its control. &lt;br /&gt;
&lt;br /&gt;
This somewhat awkward aspect has however received little attention, perhaps because of the reverence reserved for the higher judiciary. Here is an attempt to focus exclusively on the judicial shifts made by the Supreme Court through the 60 years of its existence on a range of key issues. &lt;br /&gt;
&lt;br /&gt;
'''Somersault on due process'''&lt;br /&gt;
The first major constitutional issue decided by the Supreme Court came out of the preventive detention of communist leader A K Gopalan, in whose honour the headquarters of CPM is named. The issue was whether somebody’s detention could be justified merely on the ground that it had been carried out “according to the procedure established by law,” as stipulated in Article 21 of the Constitution. Or, would that procedure be valid only if it complied with principles of natural justice such as giving a hearing to the affected person? &lt;br /&gt;
&lt;br /&gt;
In the A K Gopalan case of 1950, the Supreme Court, taking a narrow view of Article 21, refused to consider if the procedure established by law suffered from any deficiencies. Fortunately, three decades later, it took a 180 degree turn on this issue in the Maneka Gandhi case of 1978. The provocation was the arbitrary law that had allowed the Janata Party government to take away Maneka’s passport without any remedy. Importing the American concept of due process, the Supreme Court ruled that the procedure established by law for depriving somebody of their life or personal liberty had to be “just, fair and reasonable”. &lt;br /&gt;
&lt;br /&gt;
'''Reduction of Parliament’s power to amend the Constitution'''&lt;br /&gt;
&lt;br /&gt;
Validity of the very first constitutional amendment was challenged mainly because it had inserted the Ninth Schedule to insulate agrarian laws from being tested in courts. The issue facing the Supreme Court was to determine the extent to which Parliament could go while exercising its amending power under Article 368. This is how SC shifted its position more than once on this crucial issue. &lt;br /&gt;
&lt;br /&gt;
First, in the Shankari Prasad case of 1951, it ruled that since no limits had been spelt out in Article 368, the power to amend the Constitution included abridgement of even fundamental rights. &lt;br /&gt;
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Next, in the Golaknath case of 1967, it betrayed second thoughts on trusting Parliament with such unfettered discretion under Article 368. Since Article 13 stipulated that every law enacted by Parliament had to comply with fundamental rights, the Supreme Court read that limitation into constitutional amendments as well. &lt;br /&gt;
&lt;br /&gt;
Finally, in the Kesavananda Bharati case of 1973, the SC held that the condition prescribed by Article 13 of complying with fundamental rights applied only to ordinary laws, not constitutional amendments. Taking the middle path, it said the only limitation on Article 368 was that a constitutional amendment could not alter the “basic structure” of the Constitution (such as the sovereignty of the country or its secular character). &lt;br /&gt;
&lt;br /&gt;
'''Enlarging the scope of judicial review'''&lt;br /&gt;
&lt;br /&gt;
For decades, the most abused provision of the Constitution was the sweeping power conferred on the President — in other words, the Central government — to dismiss a duly elected state government. The validity of actions taken under Article 356 of the Constitution went before the Supreme Court for the first time in 1977 when the then newly elected Janata Party government at the Centre had dismissedCongress governments in states for no reason other than the fact that it wanted to hold early elections. &lt;br /&gt;
&lt;br /&gt;
But the Supreme Court, in what is known as the State of Rajasthan case of 1977, declined to intervene, ostensibly to avoid entering the political thicket. The President’s satisfaction that the state concerned could not be carried on in accordance with the provisions of the Constitution was, it said, not subject to judicial review. The apex court however reversed its stand in the S R Bommai case of 1994, where it held that a proclamation under Article 356 could be struck down if it was “found to be mala fide or based on wholly irrelevant or extraneous grounds”. Subjecting the President’s satisfaction to judicial review, the Bommai verdict clarified that the power conferred by Article 356 was a conditional one, not absolute. &lt;br /&gt;
&lt;br /&gt;
'''Changing conception of compensation'''&lt;br /&gt;
&lt;br /&gt;
Many a legal battle has been fought on the vexed issue of compensation payable to affected parties when a property has been acquired by the government. The question of interpreting the compensation promised by the Constitution arose for the first time in the Bela Banerjee case of 1954 involving a West Bengal law which sought to pay off the owners on the basis of the market value of their land on some distant date in the past. Rejecting the socialistic arguments of the state, SC laid down that the compensation should be “a just equivalent of what the owner has been deprived of”. &lt;br /&gt;
&lt;br /&gt;
In a bid to get over the effect of the Bela Banerjee case, the Nehru government amended the Constitution stipulating that no law dealing with the manner in which compensation was to be given “shall be called in question in any court on the ground that the compensation by that law is not adequate”. This in turn triggered a chain of a vacillating judgments and another constitutional amendment on the compensation issue. It culminated in the shift from the categorical “just equivalent” in the Bela Banerjee case to a limp admission in the Kesavandanda Bharati case of 1973 that the amount need not be equivalent, so long as it was “not illusory”. &lt;br /&gt;
&lt;br /&gt;
'''Diversity on quotas'''&lt;br /&gt;
&lt;br /&gt;
Caste-based reservations in jobs and educational institutions are another contentious issue on which the Supreme Court has had to change its position in keeping with the times. Its initial response was completely adverse. In the Champakam Dorairajan case of 1951, the Supreme Court slammed caste-based reservations as a violation of the Constitutional prohibition of discrimination. It was however forced to take a more accommodative view of social justice once the Nehru government responded with the first constitutional amendment stipulating that the general prohibition of discrimination could not prevent the state from making any special provision for the advancement of SCs, STs and OBCs. &lt;br /&gt;
&lt;br /&gt;
Having reconciled to the imperative of quota, the Supreme Court, in the M R Balaji case of 1963, imposed a cap of 50% on the extent of reservations for all the categories taken together, in a bid to ensure that the exception did not exceed the general rule of non-discrimination. Following the Mandal controversy, the Supreme Court, in the Indra Sawhney case of 1993, upheld the introduction of quota for OBCs in Central government jobs subject to the exclusion of the “creamy layer” (candidates whose parents are relatively wealthy or better educated). &lt;br /&gt;
&lt;br /&gt;
'''Seasonal change on economic policy'''&lt;br /&gt;
&lt;br /&gt;
True to its reputation of giving precedence to individual liberty over socialistic schemes, the Supreme Court, in the Bank Nationalization case of 1970, displayed no inhibition in probing the allegations that the Indira Gandhi’s government’s economic policy was discriminatory and deficient on compensation. As a corollary, it even struck down the nationalisation law. &lt;br /&gt;
&lt;br /&gt;
But post-liberalisation, the SC, in the Balco case of 2001, upheld the Vajpayee government’s disinvestment policy by adopting the principle that “in the case of a policy decision on economic matters, the courts should be very circumspect in conducting any inquiry and must be most reluctant to impugn the judgment of the experts.” &lt;br /&gt;
&lt;br /&gt;
'''Turning consultation into concurrence'''&lt;br /&gt;
&lt;br /&gt;
This shift has earned the Supreme Court the opprobrium of turning the judiciary into a “self-perpetuating oligarchy”. For, all that the Constitution has prescribed in the appointment of judges to the Supreme Court is that the Chief Justice of India “shall always be consulted”.&lt;br /&gt;
&lt;br /&gt;
==`Freedom fighters' (false ones) granted pension==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=SC-grants-pension-to-fake-freedom-fighters-02112016010083  Dhananjay Mahapatra,  SC grants pension to `fake freedom fighters', Nov 02 2016 : The Times of India]&lt;br /&gt;
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&lt;br /&gt;
Strange are the ways of the Supreme Court in dispensing justice. On the one hand, it ordered inquiry into alleged forging of freedom fighter certificates to claim pension and on the other, when the pensions were cancelled, it restored them on humanitarian grounds.&lt;br /&gt;
&lt;br /&gt;
In August 2005, the SC had appointed the Justice A B Palkar Commission to examine the case of a large number of people claiming pension as freedom fighters by allegedly forging certificates in Beed district. It had said those falsely claiming to have participated in the freedom struggle should be dealt with sternly as they were “traitors“. It had directed the Palkar panel to complete the inquiry into claims of 354 people for freedom fighter pension and submit a report to the Maharashtra government.The panel had rejected the claims of 298 of 354 people and termed their documents “bogus“.&lt;br /&gt;
&lt;br /&gt;
When the state govern ment cancelled their pensions relying on the Palkar commission report, the elderly people moved the Bombay HC and pleaded, “We are all senior citizens. At this ripe age, if we are deprived of pensionary benefits, we will not be in a position to eke out a livelihood.“ Given the SC's stern mandate in 2005 to separate the genuine freedom figh ters from the impersonators, the HC refused to give relief.&lt;br /&gt;
&lt;br /&gt;
They made a final dash to the SC and pleaded before a bench of Justices Kurian Joseph and R F Nariman that withdrawal of pensions would mean starvation. The Justice Joseph-headed bench was caught in a situation where being legally correct would mean starvation for the petitioners.&lt;br /&gt;
&lt;br /&gt;
What came to the bench's rescue was a 2013 judgment of the apex court which had dealt with similar pleas. It had said, “In our opinion, keeping in view the fact that at this old age, if small benefit that was already granted to them is withdrawn, it may be difficult for them to sustain themselves. In that vi ew of the matter, in the peculiar facts and circumstances of the case, we set aside the order of the Bombay HC.“ However, the court had said pensions would stop with the death of the false freedom fighters.&lt;br /&gt;
&lt;br /&gt;
Justices Joseph and Nariman were quick to adopt the same stand. They said, “We find force in the submissions made by the counsel for Maharashtra that in many of these cases, the appellants have actually not participated in any freedom struggle. However, taking note of the only fact that these cases arise out of the same batch of appeals, we feel that it may not be proper to take a different view (than that taken in 2013).“&lt;br /&gt;
&lt;br /&gt;
== Medical colleges: Vacant super-specialty seats courses ==&lt;br /&gt;
[[File: Vacant super specialty seats courses in medical colleges.jpg|   ‘A two-judge Supreme Court bench ordered filling up of 553 vacant seats in super-specialty courses in medical colleges just two days after a three-judge bench rejected such a plea’ &amp;lt;br/&amp;gt; From [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=2-judge-bench-does-what-3-judge-SC-17102017001061 '' The Times of India ''] |frame|500px]] &lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=2-judge-bench-does-what-3-judge-SC-17102017001061     Dhananjay Mahapatra | 2-judge bench does what 3-judge SC bench refused | Oct 17 2017 : The Times of India (Delhi)]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Eyebrows are being raised about a possible breach in judicial discipline after a two-judge Supreme Court bench ordered filling up of 553 vacant seats in super-specialty courses in medical colleges just two days after a three-judge bench rejected such a plea.&lt;br /&gt;
&lt;br /&gt;
On an application filed by Kerala Christian Professional College Management Federation in the pending petition of Dr Himank Goyal, a bench of Justices Adarsh Kumar Goel and U U Lalit directed on October 11: “For the remaining 553 unfilled super-specialty seats lying vacant, the DGHS may hold a mop-up counselling in an endeavour to fill up such seats within a period of 10 days.“ Those offered seats through this mop-up counselling were asked by the bench to join within four days. Just two days before this, on October 9, a PIL by `Education Promotion Society of India' had sought permission from a bench of CJI Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud to fill up vacant superspecialty course seats. The bench dismissed the petition.&lt;br /&gt;
&lt;br /&gt;
It could not have passed an order different from its September 22 one when it turned down pleas to extend the deadline for filling vacant seats.&lt;br /&gt;
&lt;br /&gt;
On September 22, a bunch of applications by various medical colleges, including the one by Dr Himank Goyal, came up for hearing before the threejudge bench headed by the CJI.&lt;br /&gt;
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The bench said, “There was an echo of concern that seats are going vacant and, therefore, there is necessity ... to extend the date. If we permit ourselves to say so, the concern travels from rational to emotional sphere.“&lt;br /&gt;
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However, Medical Council of India counsel Gaurav Sharma opposed vehemently and said the SC had extended the time till September 14 and if students did not avail of the opportunity , “it would be anathema to the concept of law to grant extension at the behest of institutions or the students“.&lt;br /&gt;
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Sharma said, “Mainte nance of discipline is of transcendental significance in the sphere of admission to medical colleges.“&lt;br /&gt;
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He said granting fur ther extension would usher chaos as stu dents who were not eligible or defaulted would gain admission. The threejudge bench said, “A sense of concern is one thing, but sustenance of discipline and order is another aspect. Weighing both the concepts in a balanced manner, we unhesitatingly come to the conclusion that the prayers made in the applications do not deserve any acceptance and stand rejected.“&lt;br /&gt;
&lt;br /&gt;
A fortnight later, an identical request for filling up superspecialty seats in medical colleges was allowed by a twojudge bench, which, in its order, did not refer to the threejudge bench's orders.&lt;br /&gt;
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==Political fallout taken into consideration==&lt;br /&gt;
''' When Supreme Court considered the political fallout of its verdict ''' &lt;br /&gt;
&lt;br /&gt;
Dhananjay Mahapatra [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=When-Supreme-Court-considered-the-political-fallout-of-07012015024005 ''The Times of India''] Jan 07 2015&lt;br /&gt;
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The political fallout of a judicial decision has seldom bothered the judiciary, but it appears that in 2012 the Supreme Court delayed the judgment on the CBI's probe into disproportionate assets cases against the Samajwadi Party chief and his sons to await completion of assembly elections.&lt;br /&gt;
&lt;br /&gt;
On March 1, 2007, just before the assembly elections, an SC bench headed by Justice A R Lakshmanan had ordered the CBI to probe into alleged disproportionate assets of Mulayam Singh Yadav and his sons on a PIL filed by Vishwanath Chatur-vedi. Justice Lakshmanan retired on March 21, 2007 and was immediately appointed as chair man of the Law Commission.&lt;br /&gt;
&lt;br /&gt;
Yadavs filed petitions seeking review of the March 1, 2007 judgment questioning the jurisdiction of the SC to order CBI probe without the consent of the state government on a politically motivated petition.The review petitions were heard by a bench of Justices Altamas Kabir and H L Dattu, which reserved its judgment on February 17, 2011.&lt;br /&gt;
&lt;br /&gt;
Internal communication between Justice Kabir and Justice Dattu, accessed by TOI, shows, among other things, the ground for delay in pronouncing the judgment was the possible political fal lout of its decision in this case.&lt;br /&gt;
&lt;br /&gt;
In June 2012, Justice Kabir wrote to Justice Dattu: “I deliberately waited till after the UP elections to pronounce the judgment so that the level playing field was not disturbed.“ The UP Assembly elections were held between February 8, 2012 and March 3, 2012. SP swept the polls and Akhilesh Yadav became the chief minister.&lt;br /&gt;
&lt;br /&gt;
Just days before the verdict on December 13, 2012, Justice Kabir sent the draft judgment to Justice Dattu for his approval. In the note attached to the draft judgment, Justice Kabir had referred to the CBI's flip-flops in the case and said, “This dual stand in the submissions of the highest investigating agency cannot be appreciated by this court.“&lt;br /&gt;
&lt;br /&gt;
Justice Dattu agreed with Justice Kabir, who had by then become the Chief Justice of India, that the CBI stand had been confusing.However, he clarified that “while making submissions (on behalf of the CBI) it has been highlighted that substantial prima-facie elements are there to conduct an investigation“.&lt;br /&gt;
&lt;br /&gt;
He also felt that there was no substantial evidence against Dimple Yadav and no further investigation needed to be carried out against her.But Justice Dattu was firm against quashing the entire proceedings regarding disproportionate assets. Justice Dattu wrote back: “As discussed with you, quashing of the entire proceedings regarding disproportionate assets, which is evident on the face of records, will not only be doing injustice but also create a political turbulence. We are directing only CBI probeinvestigation and not holding them guilty . If nothing is found, they are acquitted. But in fitness of things a thorough investigation is needed.“&lt;br /&gt;
&lt;br /&gt;
The judgment on the review petitions was pronounced on December 13, 2012. The court held that the CBI probe into alleged disproportionate assets of Mulayam, Akhilesh, and Prateek Yadav as ordered by the SC on March 1, 2007 was justified.&lt;br /&gt;
==Vyapam-Tainted Doctors: Conflict Over their Fate==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=2-judge-SC-bench-teaches-law-to-3-31082016014046  Aug 31 2016 : ''The Times of India'' (Delhi) 2-judge SC bench teaches law to 3-judge bench, Dhananjay Mahapatra]&lt;br /&gt;
﻿&lt;br /&gt;
&lt;br /&gt;
A three-judge bench of the Supreme Court headed by Justice J S Khehar on Tuesday got some constitutional and legal lessons from a two-judge bench headed by Justice J Chelameswar.&lt;br /&gt;
&lt;br /&gt;
The bench headed by Justice Khehar, who will become Chief Justice of India next year, was tasked with finding a solution to the conflict of opinion in a judgment rendered by the bench of Justices Chelameswar and A M Sapre in a case relating to punishment for those whose MBBS degrees were tainted by the Vyapam scam.&lt;br /&gt;
&lt;br /&gt;
Justices Chelameswar and Sapre had found instances of undeserving candidates taking advantage of irregularities in entrance examinations to bag MBBS seats.Justice Chelameswar had said they should be asked to render charitable healthcare for a certain period to retain their MBBS degrees. But Justice Sapre had said these degrees should be cancelled.&lt;br /&gt;
&lt;br /&gt;
The bench headed by Justice Khehar had asked whether the matter needed to be heard afresh to resolve the conflict of opinion and sought an answer from Justices Chelameswar and Sapre.&lt;br /&gt;
&lt;br /&gt;
The miffed two-judge bench on Tuesday did not read out the judgment and merely signed it, departing from the usual practice where judges read out the operative portion of the verdict.&lt;br /&gt;
&lt;br /&gt;
It said, “We completely fail to understand the reference made to Article 145(5) of the Constitution in the July 28, 2016 order (of the three-judge bench).“ Article 145(5) provides that the court should not pronounce a judgment without the concurrence of a majority of the judges on the bench which heard the case. However, it also says this would not prevent a judge from delivering a dissent judgment or opinion. Justices Chelameswar and Sapre said, “We are of the opinion that neither the Constitution of India nor any other law of this country provides an intra-court appeal insofar as the Supreme Court is concerned. A rehearing of the entire matter as apparently suggested by the larger bench, in our opinion, would amount to an intra-court appeal.“&lt;br /&gt;
&lt;br /&gt;
As a final message to the three-judge bench which appeared to have a touch of judicial sarcasm, the two-judge bench said, “If the larger bench of this court wishes to create an intra-court appeal, we obviously are powerless to stop it. We can only record our understanding of the law on the question and it is as recorded above.“&lt;br /&gt;
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==3-judge bench overrules 3-judge 2014 land acquisition judgment==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F22&amp;amp;entity=Ar00302&amp;amp;sk=DE4B463A&amp;amp;mode=text  Dhananjay Mahapatra &amp;amp; Amit Anand Choudhary, SC in knots as its 3-judge bench overrules another of same strength, February 22, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
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The Supreme Court appeared to have tied itself in knots on Wednesday, with a three-judge bench questioning the judicial propriety and discipline of another three-judge bench, which had on February 8 overturned yet another three-judge bench’s 2014 judgment on land acquisition.&lt;br /&gt;
&lt;br /&gt;
The subject matter was important as it involved the acquisition of land and payment of compensation to land-owners, mainly farmers. But the two-hour-long proceedings before a bench of Justices Madan B Lokur, Kurian Joseph and Deepak Gupta brought back flashes of the smouldering discontent among the four most senior judges which had erupted in an unprecedented press conference on January 12.&lt;br /&gt;
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''' SC asks HCs not to pass any order on land acquisition ''' &lt;br /&gt;
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What the bench of Justices Lokur, Joseph and Gupta questioned on Wednesday was the judgment by a three-judge bench headed by Justice Arun Mishra terming a 2014 “Pune Municipal Corporation” judgment by a bench of identical strength as “per incurium” (decision rendered without taking care of facts and law). Interestingly, the Pune Municipal Corporation judgment was rendered on January 24, 2014 by a bench of Justices R M Lodha, Lokur and Joseph.&lt;br /&gt;
&lt;br /&gt;
The Justice Lokur-headed bench, in an interim order, asked high courts not to pass any order on pending land acquisition issues, thus stalling implementation of the February 8 judgment. It also requested other benches of the apex court to defer hearing on petitions on this issue.&lt;br /&gt;
&lt;br /&gt;
Former attorney-general Mukul Rohatgi provided the spark that reignited the “discipline” and “propriety” issue that has hurt unity among SC judges. Rohatgi said propriety demanded that the three-judge bench, if it did not agree with the earlier three-judge bench decision, send the issue for consideration before a larger bench. He said what was worse was that the same bench had been disposing of scores of cases based on the ruling given by it on February 8 in complete disregard of the farmers’ interest.&lt;br /&gt;
&lt;br /&gt;
Justice Joseph poured out his “painful concern” and said, “The Supreme Court operates on a system and principle which are holy. If you start tinkering with it, what will happen? Everyone must think about it — both judges and lawyers. We will go one day but the institution must go on forever. There is a method and procedure to be followed. If the Supreme Court has to be one, it has to be made one. To make it one, you need judicial discipline. “The Supreme Court is one and must not speak in 14 voices (indicating that the existing 14 benches must not speak differently on the judicial side). It is not good for the institution.”&lt;br /&gt;
Rohatgi recounted the right to privacy issue and said as attorney-general, he had argued before a five-judge bench that it could not decide the issue as an eight-judge bench had earlier ruled that privacy was not a fundamental right. “Overnight, a nine-judge bench was set up by the CJI which overruled the eight-judge bench decision. That is the procedure and discipline,” he said to rub it in.&lt;br /&gt;
&lt;br /&gt;
Senior advocate P S Patwalia, appearing for Haryana, defended the recent ruling of the Justice Arun Mishra-headed bench and said the law’s misuse was stopped by this judgment and Justice Joseph’s views were rather strong. Justice Joseph clarified, “It is not strong views but my painful concern. If one bench of the SC wants to correct an earlier ruling by another bench of identical strength, then there is a process to do it.” Rohatgi chipped in and said if the Pune Municipal Corporation judgment required to be reconsidered, the correct procedure would have been to refer it to a five-judge bench.&lt;br /&gt;
&lt;br /&gt;
The Supreme Court operates on a system and principles which are holy. If you start tinkering with it, what will happen?&lt;br /&gt;
&lt;br /&gt;
===Referral:  2-Judge Bench Pre-Empts 3-Judge Bench ===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F23&amp;amp;entity=Ar01212&amp;amp;sk=D8CDD9F6&amp;amp;mode=text  Dhananjay Mahapatra &amp;amp; Amit Anand Choudhary, Judicial discipline? It’s complicated, February 23, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
''2-Judge Bench Pre-Empts 3-Judge One From Passing Order For Referral''&lt;br /&gt;
&lt;br /&gt;
The knotty issue of ‘judicial discipline and propriety’ in contradictory judgments on land acquisition being tossed between two threejudge benches of the Supreme Court got further complicated on Thursday with two two-judge benches referring the matter to Chief Justice of India Dipak Misra for resolution by a larger bench.&lt;br /&gt;
&lt;br /&gt;
A threejudge bench headed by Justice Madan B Lokur had taken umbrage to a three-judge bench headed by Justice Arun Mishra on February 8 overruling a 2014 verdict given by another three-judge bench in the ‘Pune Municipal Corporation’ case, terming the earlier judgment as “per incurium”. Both the cases concerned land acquisition.&lt;br /&gt;
&lt;br /&gt;
Upon being told by senior advocate Mukul Rohatgi about the February 8 verdict, the bench led by Justice Lokur and comprising Justices Kurian Joseph and Deepak Gupta viewed it as breach of “judicial discipline and propriety”.&lt;br /&gt;
&lt;br /&gt;
Justices Lokur and Joseph, two of the four seniormost judges of the SC, were co-authors of the ‘Pune Municipal Corporation’ verdict.&lt;br /&gt;
&lt;br /&gt;
In an interim order, the Justice Lokur-headed bench requested other SC benches and high courts not to take up matters related to land acquisition dealt in the two contradictory judgments. It said it would decide the future course of action — whether to refer the matter to a larger bench.&lt;br /&gt;
&lt;br /&gt;
On Thursday, a land acquisition case was listed before a bench of Justices Arun Mishra and Amitava Roy and the threejudge bench’s interim order was brought to its notice.&lt;br /&gt;
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While stating that Wednesday’s interim order was a “sort of moral injunction” on them, Justice Mishra, who headed the three-judge bench that overruled the 2014 judgment, addressed the issue frontally and squarely. “We had taken a definite view that the 2014 judgment was ‘per incurium’ and it was permissible in law to take that view. We had pondered (while writing the February 8 judgment) over the issue — whether the matter required to be referred to a larger bench given the three-judge bench’s 2014 judgment, and then took a conscious decision (to term it ‘per incurium’ and overrule it). Whether it amounts to judicial discipline, or not, is for the larger bench to decide,” he said.&lt;br /&gt;
&lt;br /&gt;
Justices Mishra and Roy referred the matter to the CJI for adjudication by a larger bench, which most probably will be a five-judge bench. By this order, the Justice Mishra-led bench pre-empted the three-judge bench headed by Justice Lokur from passing order for referral to a larger bench.&lt;br /&gt;
&lt;br /&gt;
Justice Mishra said, “We have taken a considered view (in the February 8 judgment). It is over 200 pages. Probably, no one has read it but it (the judgment) has been targeted. First read and then analyse. ‘Judicial discipline’ has become a magic word to target us.”&lt;br /&gt;
&lt;br /&gt;
In another twist to fast-paced events in the SC, another two-judge bench of Justices Adarsh Goel and U U Lalit too rescheduled a land acquisition case on Thursday when it was informed by Rohatgi about Wednesday’s interim order by Justice Lokur’s bench.&lt;br /&gt;
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The bench ordered, “We are of the view that having with regard to the nature of the issues involved in the matter, the issues need to be resolved by a larger bench at the earliest. These matters may be placed before the appropriate bench on February 23 as per orders of the CJI.”&lt;br /&gt;
&lt;br /&gt;
=Late night hearings and judgements=&lt;br /&gt;
==Till 2015==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=SC-has-answered-two-more-midnight-knocks-31072015018031 ''The Times of India''], Jul 31 2015 &lt;br /&gt;
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''' SC has answered two more midnight knocks '''&lt;br /&gt;
&lt;br /&gt;
Mumbai serial bomb blasts convict Yakub Memon was not the first one to knock at the Supreme Court's door past midnight.&lt;br /&gt;
&lt;br /&gt;
What made Yakub's petition unprecedented was the one-and-a-half hour long postmidnight hearing that lasted till the crack of dawn. Earlier, the hearings after court hours were mainly held at the residence of the senior judge presiding over the bench.&lt;br /&gt;
&lt;br /&gt;
On April 8, 2013, lawyers of condemned prisoner at Jabalpur Central Jail, Maganlal Barela, who was to be hanged at dawn on April 9 for killing his children, successfully moved the SC close to midnight. Barela averted the gallows, after all preparations were made to hang him, after rejection of his mercy petition by the President. The fax from the SC con veying the stay on Barela's hanging reached jail authorities just five hours before the scheduled hanging.&lt;br /&gt;
&lt;br /&gt;
Similarly , Nithari rape-murder convict Surinder Koli was scheduled to hang on September 9, 2014. At the intervening night of September 8-9, his lawyers, led by Indira Jaising, woke up justices H L Dattu and A R Dave and placed before them Koli's petition seeking re-hearing of his review petition. A three-judge bench later stayed the execution and ordered open court hearing.&lt;br /&gt;
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==2018, May: swearing-in of Karnataka government==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F05%2F17&amp;amp;entity=Ar00501&amp;amp;sk=677C98EE&amp;amp;mode=text    Naheed Ataullah &amp;amp; Dhananjay Mahapatra, Only the 2nd midnight hearing in SC history, May 17, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The dramatic post-midnight hearing marks only the second time in the judicial history of independent India that such an event has taken place. In the previous instance, a three-judge Supreme Court bench began hearing a petition seeking postponement of Yakub Memon’s execution at 3.24am on July 30, 2015. At 4.46am, Yakub’s final petition was dismissed.&lt;br /&gt;
&lt;br /&gt;
'''NOTE: As we have seen above, the case regarding the swearing-in of the Karnataka government was not the second late-night hearing, but perhaps the fourth.  See [[Karnataka: political history ]]&amp;gt; 2018 '''&lt;br /&gt;
&lt;br /&gt;
=Lawyers’ insinuations =&lt;br /&gt;
==2019: A denigration of the judiciary==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F31&amp;amp;entity=Ar00302&amp;amp;sk=7510F3AA&amp;amp;mode=text  Dhananjay Mahapatra, Insinuations by lawyers make our job hard, says SC, January 31, 2019: ''The Times of India'']&lt;br /&gt;
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Ringing the alarm bell, the Supreme Court said in a hard-hitting judgment that it was becoming increasingly difficult for judges to render justice in a fair, impartial and fearless manner because of insinuations made by advocates in cases of political importance.&lt;br /&gt;
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“Whenever any political matter comes to court and is decided, either way, political insinuations are attributed by unscrupulous persons/ advocates. Such acts are nothing but an act of denigrating the judiciary itself and destroys the faith of the common man which he reposes in the judicial system,” a bench of Justices Arun Mishra and Vineet Saran said in its 75-page judgment.&lt;br /&gt;
&lt;br /&gt;
Taking note of the tendency among some advocates to rush to the media from courtrooms, the bench said “hunger for cheap publicity is increasing” and termed it as anathema to the standards of the noble profession. “Statutory rules prohibit advocates from advertising and cater to press/media,” it said, adding it had become common to dish out “distorted versions of court proceedings”.&lt;br /&gt;
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'''JUSTICE DELIVERY'''&lt;br /&gt;
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''Cases cannot decided by media trial, says apex court''&lt;br /&gt;
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This had a chilling effect on judges who could not go to the media with their point of view, the bench said. “It is making it more difficult to render justice in a fair, impartial and fearless manner,” the bench said and complained that making public accusations against judges was a tactic adopted by unscrupulous elements to “influence the judgment and even to deny justice with ulterior motives”.&lt;br /&gt;
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In the last year, apex court judges have faced a lot of insinuations from activist lawyers while dealing with politically sensitive matters — plea of Muslim parties for reference of Ayodhya land dispute to a five-judge bench, petition seeking quashing of UAPA charges against social activists including Sudha Bharadwaj and Gautam Navlakha, plea for SIT probe into judicial officer B H Loya’s alleged suspicious death, PILs for probe into Rafale jet purchase and petitions challenging the Centre’s decision to divest then CBI director Alok Verma of his powers.&lt;br /&gt;
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“Something has to be done by all concerned to revamp the image of the bar,” the SC said. Writing the judgment for the bench, Justice Mishra said, “It is impermissible to malign&lt;br /&gt;
&lt;br /&gt;
the system itself by attributing political motives and false allegations against the judicial system and its functionaries. Judges who are attacked are not supposed to go to the press or media to ventilate their point of view.”&lt;br /&gt;
&lt;br /&gt;
Taking note of hype created in media by certain advocates in matters of political importance, the SC said, “Cases cannot be decided by media trial... No outside interference is permissible. A lot of sacrifices are made to serve the judiciary for which one cannot regret as it is with a purpose and to serve judiciary is not less than the call of military service.&lt;br /&gt;
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“For the protection of democratic values and to ensure that rule of law prevails in the country, no one can be permitted to destroy the independence of the system from within or outside... Let each of us ensure our own institution is not jeopardised by the blame game and make an endeavour to improve upon its own functioning and independence.”&lt;br /&gt;
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The SC was testing the validity of the rule framed by Madras high court empowering it to debar an advocate to control situations which arose in the past, including shouting of slogans, using foul language against judges and vandalism. Though anguished by past conduct of lawyers in the HC, it struck down the rule and said the HC could not usurp disciplinary powers vested in bar councils.&lt;br /&gt;
&lt;br /&gt;
=Political interference=&lt;br /&gt;
==1967-2018==&lt;br /&gt;
Difficulty of being CJI in the shadow of politics over removal&lt;br /&gt;
&lt;br /&gt;
Dhananjay.Mahapatra 02 April 2018 The Times of India &lt;br /&gt;
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Renowned lawyer and senior Congress MP Kapil Sibal [in March 2018] accused the NDA government of “continuously assaulting the judiciary” while echoing Justice Jasti Chelameswar’s view that the Centre was “putting collegium recommendations on the back burner if the names are not to its liking”.&lt;br /&gt;
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Sibal was quoted as saying in a media report, “They have first filled educational institutions with R S S pracharaks. Now, they are trying to infiltrate the judiciary with people having such mindset.”&lt;br /&gt;
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A few weeks ago, Sibal had retorted to CJI Dipak Misra’s courtroom comment that he must read history by saying he was both a student and teacher of history. Sibal is well versed in the judiciary’s history too, we are sure. Probably, he needs to refresh his memory, especially because he is among the few in Congress strenuously pushing for moving a removal motion against CJI Misra in Parliament.&lt;br /&gt;
&lt;br /&gt;
The January 12 press conference by senior SC judges led by Justice Chelameswar against the CJI had attracted magnetic support from Left leaders friendly to a rebel judge. The Congress, in the process of replacing old warhorses with prime stallions to keep the party chariot competitive for the derby of general elections, decided to cash in on the situation as many important cases, including politically usable Ayodhya and death of judge B H Loya, were being heard by a CJI-led bench.&lt;br /&gt;
&lt;br /&gt;
Some Congress lawyer-MPs saw the opportunity to hit hard with a removal motion as the judiciary was red hot with an internal dissension fuelled by one person’s insatiable desire to wreak vengeance because he could not become CJI. Personal ambitions surely cause disturbances in the normal functioning of a system, be it judiciary or politics. And we surely don’t deny what Justice Chelameswar said in his March 21 letter, quoting Robert H Jackson, that “men are more often bribed by their loyalties and ambitions than by money”.&lt;br /&gt;
&lt;br /&gt;
Attempts are on to get the draft motion signed by 50 Rajya Sabha MPs, the number required for moving it in Parliament. Before we refer to pages of judicial history to understand Sibal’s comment that the NDA government is trying to fill judiciary with “such mindset”, a discussion on the fallout of a removal motion against the CJI will help understand the gravity of the situation.&lt;br /&gt;
&lt;br /&gt;
Today, the Congress with 54 MPs in RS may well be able to bring a removal motion against the CJI, howsoever frivolous or imaginary the charges may be. Tomorrow, the NDA, which too has more than 50 MPs in RS, could cook up some charge to bring a removal motion against the No.2 in the SC. Another party can start a campaign for a removal motion against the third in the SC hierarchy.&lt;br /&gt;
&lt;br /&gt;
Where will it end? Which judge will willingly become CJI in such a dreadful scenario and risk his dignity and reputation? Worse, will this kind of political one-upmanship not force a judge to ensure political support before becoming CJI to counter threats of removal?&lt;br /&gt;
&lt;br /&gt;
Bringing a removal motion against a CJI or a judge based on unverified charges has a numbing effect on the institution and stunts public faith in it. Lawyers become MPs not because they are great politicians. Success in court brings them money and fame, accelerating their rise in political parties. When they attempt to cow down the judiciary by casting a shadow through a phantom removal motion, it is akin to an assault on the very tree that nurtured their growth.&lt;br /&gt;
&lt;br /&gt;
Unlike today’s Congress, led by a youthful president Rahul Gandhi, the party split in 1969 after a bitter war between veterans on one side and the young Turks on the other led by Indira Gandhi. The split reduced her government to a minority, but she continued as PM with support from Left parties. The landmark SC decision in Golaknath case in 1967 curtailing Congress government’s power to amend the Constitution and the political red nose caused by the 1970 Privy Purses judgment forced Indira to call mid-term polls.&lt;br /&gt;
&lt;br /&gt;
A heady 352 seats in Lok Sabha in 1971 strengthened her resolve to infiltrate the SC with “committed judges”. The task was meticulously carried out by law minister H R Gokhale, the Bombay HC judge turned politician; steel and mines minister S Mohan Kumaramangalam, a barrister and earlier a prominent communist leader; and S S Ray, another barrister and a close confidant of Indira.&lt;br /&gt;
&lt;br /&gt;
To overrule an 11-judge bench decision in the Golaknath case, the SC decided to set up a 13-judge bench for Kesavananda Bharati case. Eight SC judges were appointed just before the hearing in Kesavananda case began to ensure most of them found place in the 13-judge bench for a favourable ruling.&lt;br /&gt;
&lt;br /&gt;
Justice P Jaganmohan Reddy in his book ‘We Have Republic’ wrote, “Of these eight, two were said to be Gokhale’s nominees (D G Palekar and Y V Chandrachud of Bombay HC); one of Kumaramangalam (K K Mathew of Kerala); two of Ray (S C Roy and A K Mukherjea) and two from the PM (M H Beg and S N Dwivedi); only one was CJI S M Sikri’s nominee (H R Khanna). One died before the case was heard. Of the seven who heard the case, five upheld the government’s point of view.&lt;br /&gt;
&lt;br /&gt;
A legendary researcher on SC judges, George H Gadbois, wrote, “Seven of the nine Sikri era appointees were members of the Kesavananda bench, and five of these did support what can be considered the government’s wishes. But they were in the minority with A N Ray. Khanna, who cast the deciding vote, and Mukherjea joined the five pre-Sikri era court appointees in the majority.”&lt;br /&gt;
&lt;br /&gt;
The 7-6 majority carved out the basic structure doctrine while fortifying and reinforcing Golaknath judgment much to the chagrin of Indira, whose government wreaked vengeance a day after the Kesavananda judgment was delivered on April 23, 1973, by announcing that A N Ray, fourth senior most SC judge, would be the new CJI to supersede K S Hegde, J M Shelat and A N Grover. The three resigned. The judiciary was to endure many painful wounds inflicted by Congress governments in the succeeding years. We will narrate those some other time. The above example is meant to refresh Sibal’s memory about “assault on judiciary”.&lt;br /&gt;
&lt;br /&gt;
As a celebrated lawyer, Sibal should discharge his debt for the fame he has earned through the judiciary. He has ability, knowledge and craftsmanship to differentiate himself from hawkish politicians, whose feathers resemble those of Gokhale, Kumaramangalam and Ray. The choice is his.&lt;br /&gt;
&lt;br /&gt;
=Preferential listing of star lawyers’ cases=&lt;br /&gt;
==Not done for Ram Jethmalani/ Ansal==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Star-lawyers-may-not-get-to-jump-queue-04032017001044  Dhananjay Mahapatra, Star lawyers may not get to jump queue, March 4, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Star lawyers getting preferential listing of cases of rich and famous clients in the Supreme Court is a trend that could be reversed under the new Chief Justice of India J S Khehar (in pic), as renowned lawyer Ram Jethmalani found out.&lt;br /&gt;
&lt;br /&gt;
In the past, engaging top lawyers to steal a march over others in getting cases listed for early hearing usually worked, with previous CJIs acting in deference to the stature of the lawyers.&lt;br /&gt;
&lt;br /&gt;
Khehar, however, has emphasised procedural equality since taking over. Time and again, he has told lawyers requesting early hea ring that their clients would not be permit ted to jump the queue.&lt;br /&gt;
&lt;br /&gt;
Friday provided more evidence of this when Jethmalani, appearing for Gopal Ansal (convicted in the Uphaar case), requested urgent listing of the tycoon's application seeking reduction of the jail term awarded to him. The court also rejected Ansal's plea for exten sion of his surrender deadline of March 9 to serve the remaining part of his one-year sentence.&lt;br /&gt;
&lt;br /&gt;
Jethmalani had sought urgent listing of Gopal's plea seeking parity in sentence with his elder brother Sushil Ansal, who was let off by the court on February 9 saying the sentence already undergone by him was adequate punishment keeping in view his age and ailments. Jethmalani had said Gopal too was old and suffered age-related ailments and, hence, was entitled to parity in sentence. The CJI had said the application would be listed on Friday if the SC registry found no objection. But the registry did find objections and the matter was not listed on Friday .&lt;br /&gt;
&lt;br /&gt;
Jethmalani complained about it to the CJI on Friday and sought urgent listing and said the court should extend the surrender deadline in the alternative. Justice Khehar firmly told Jethmalani that there was a procedure for everyone to follow. “If the registry has found objections and refused to list the matter, Jethmalani's client can appeal against the registry's order,“ the CJI said and refused to bestow any preferential treatment to the noted lawyer.&lt;br /&gt;
&lt;br /&gt;
=Rape=&lt;br /&gt;
== No liberal approach , mediation or compromise in rape cases : SC ==&lt;br /&gt;
[http://www.dailyexcelsior.com/no-liberal-approach-mediation-or-compromise-in-rape-cases-sc/ Daily Excelsior , No liberal approach , mediation or compromise in rape cases : SC &amp;quot;Daily Excelsior&amp;quot; 2/7/2015]&lt;br /&gt;
&lt;br /&gt;
It would be a “spectacular error” to adopt a soft approach on cases of rape or attempt to rape and there cannot be any compromise or mediation in such cases, the Supreme Court said in a stern message today.&lt;br /&gt;
&lt;br /&gt;
“When a human frame is defiled, the ‘purest treasure’, is lost. Dignity of a woman is a part of her non-perishable and immortal self and no one should ever think of painting it in clay. There cannot be a compromise or settlement as it would be against her honour which matters the most,” a bench headed by Justice Dipak Misra said.&lt;br /&gt;
&lt;br /&gt;
“We would like to clearly state that in a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of.&lt;br /&gt;
&lt;br /&gt;
“These are crimes against the body of a woman which is her own temple. These are offences which suffocate the breath of life and sully the reputation. And reputation, needless to emphasise, is the richest jewel one can conceive of in life. No one would allow (it) to be extinguished,” the bench, which also comprised Justice Prafulla C Pant, said.&lt;br /&gt;
&lt;br /&gt;
The strong remarks came as the apex court criticised a Madhya Pradesh High Court judge who was influenced by the compromise entered into between the accused Madan Lal and the parents of the seven-year-old victim and had set aside the conviction and five-year sentence for the rape. (PTI)&lt;br /&gt;
&lt;br /&gt;
= Religious bias=&lt;br /&gt;
==SC objects to Bombay HC citing religious identity of victim to grant bail to accused==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/violence-in-name-of-religion-cannot-be-justified-supreme-court/articleshow/62934313.cms  Amit Anand Choudhary, Violence in name of religion cannot be justified: Supreme Court, February 15, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''HIGHLIGHTS'''&lt;br /&gt;
&lt;br /&gt;
Judiciary must be fully conscious of the plural composition of the country while adjudicating issues pertaining to rights of various communities: SC&lt;br /&gt;
&lt;br /&gt;
SC bench quashed the order of the Bombay high court granting bail to accused for allegedly killing a Muslim youth in 2014&lt;br /&gt;
&lt;br /&gt;
“The fault of the deceased was only that he belonged to another religion. I consider this factor in favour of the accused ... ,” the Bombay High Court had said in its order while granting bail to three accused belonging to Hindu Rashtra Sena for allegedly killing a Muslim youth in 2014. &lt;br /&gt;
&lt;br /&gt;
Taking exception to the observation made by the high court, the Supreme Court on Thursday said that such remarks were uncalled for and reminded that the judiciary must be fully conscious of the plural composition of the country while adjudicating issues pertaining to rights of various communities. It said that any kind of violence in the name of religion or community could not be justified. &lt;br /&gt;
&lt;br /&gt;
A bench of Justices SA Bobde and L Nageswara Rao quashed the order of the Bombay high court granting bail to the accused saying that there was little discussion on the other relevant factors relating to granting or withholding bail in a murder case. It asked the the high court to reconsider the bail plea of the accused afresh as per law on merit without being influenced by any extraneous reason. &lt;br /&gt;
&lt;br /&gt;
“We have carefully perused the impugned order(s) granting bail and we find that there is little reference to/or discussion on the merits of the bail applications but we are satisfied that the significant reason for release is mainly the one stated above. We find that the aforesaid reason can, on a fair reading, be understood or misunderstood almost as a mitigating circumstance or a kind of a justification for the murder and it is obvious that the fact that the deceased belonged to a certain community cannot be a justification for any assault much less a murder,” the bench said. &lt;br /&gt;
&lt;br /&gt;
“While it may be possible to understand a reference to the community of the parties involved in an assault, it is difficult to understand why it was said that ‘the fault of the deceased was only that he belonged to another religion’ and further ‘I consider this factor in favour of the applicants/accused.’ We have no doubt that a court fully conscious of the plural composition of the country while called upon to deal with rights of various communities, cannot make such observations which may appear to be coloured with a bias for or against a community,” it said. &lt;br /&gt;
&lt;br /&gt;
“It is possible that the learned Judge wanted to rule out a personal motive against the victim, but only emphasize communal hatred. It is also possible that the learned single judge may not have intended to hurt the feelings of any particular community or support the feelings of another community but the words are clearly vulnerable to such criticism. The direction cannot be sustained,” the court said. &lt;br /&gt;
&lt;br /&gt;
The high court had on January 12 last year granted bail to Vijay Gambhire, Ganesh Yadav and Ajay Lalge, accused of murdering 28-year-old Mohsin Shaikh on June 2, 2014 in Pune. As per the prosecution, the trio had attended a meeting of Hindu Rashtra Sena to protest against defiling of a statue of Chhatrapati Shiva-ji Maharaj. The accused armed with hockey sticks and bats roamed the streets on the night of June 2 when they came across Shaikh and thrashed him to death. &lt;br /&gt;
&lt;br /&gt;
Their bail plea was rejected by lower court but the high court granted them relief. &amp;quot;The meeting was held prior to the incident of assault. The accused otherwise had no other motive such as any personal enmity against the innocent deceased Mohsin. The fault of the deceased was only that he belonged to another religion. I consider this factor in favour of the accused. Moreover, the accused do not have criminal record and it appears that in the name of the religion, they were provoked and have committed the murder,” a bench of Justice Mridula Bhatkar had said.&lt;br /&gt;
&lt;br /&gt;
=Remarks by judges during hearings=&lt;br /&gt;
==2018==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F08%2F13&amp;amp;entity=Ar01406&amp;amp;sk=B2A238CC&amp;amp;mode=text  Dhananjay Mahapatra, PILs infecting judiciary with off-the-cuff remark fever, August 13, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Once upon a time, the Supreme Court’s stray caustic remarks during hearing of a PIL or a petition involving an important social or political issue was taken very seriously by the public, the government and the legislature. Media used to headline the comments.&lt;br /&gt;
&lt;br /&gt;
Newspapers and TV channels still headline such caustic remarks, which now fly thick and fast from the SC and HCs on a daily basis. But these have lost their salutary effect.&lt;br /&gt;
&lt;br /&gt;
An SC bench led by Justice Madan B Lokur, infuriated by the frustratingly lackadaisical approach of authorities towards proper garbage disposal, asked why not dump the garbage at Raj Niwas, the official residence of Delhi’s lieutenant governor. One may be tempted to ask, why not Rashtrapati Bhavan, since the President is the head of the country and also lives in Delhi?&lt;br /&gt;
&lt;br /&gt;
Incidents of rape, that too by those who were guardians to hapless girls who had no one to run to, made the Justice Lokur-led bench to remark that “rapes are happening left, right and centre in India”. Are they? Incidents of assault on women are on the rise and do ring alarm bells. But when the SC says rape is rampant, it surely sends a signal to the world to brand India as unsafe for women.&lt;br /&gt;
&lt;br /&gt;
The same bench, while hearing a PIL on extra-judicial killings in Manipur, summoned the director of CBI, which had been entrusted with probing the killings widely perceived to be excesses by armed forces.&lt;br /&gt;
&lt;br /&gt;
To the bench’s question why the accused had not been arrested, the director said once chargesheet was filed, it was for the court to either send them to custody or grant them bail. Noticing that chargesheets had Section 302 IPC charges, the bench remarked that “murderers are allowed to roam free”. The SC bench forgot to use ‘alleged’ before ‘murderers’ to soften its un-required punch.&lt;br /&gt;
&lt;br /&gt;
This had its adverse impact on the armed forces, whose personnel put their lives on the line in disturbed areas to allow the legislature, the executive and the judiciary to function without the fear of ultras. Moreover, it is common knowledge that an accused is presumed innocent till he is pronounced guilty. How would the SC respond if one of the accused in the chargesheet moves an application and asks since the apex court has already termed him a ‘murderer’, would he get justice from the trial court.&lt;br /&gt;
&lt;br /&gt;
The SC has been freely making remarks against the executive and, in a few cases, against the legislature. In contrast, it has been very sensitive towards comments made against judges. It did not spare sitting Calcutta HC judge C S Karnan for making it a habit to launch diatribes against Supreme Court and high court judges and sent him to jail.&lt;br /&gt;
&lt;br /&gt;
When a Rajasthan HC judge made disparaging remarks against the HC chief justice in a judicial proceeding (State of Rajasthan vs Prakash Chand [1998 (1) SCC 1]), the SC came down heavily on him for breach of discipline. It said, “It is unbecoming of a judge of HC to travel out of the confines of the issue before him and to fish out material to unjustifiably malign someone, more particularly when that someone happens to be the one who is the head of the judicial family in the HC. We most strongly deprecate this practice.” Probably, PILs allow judges to take a 360-degree view than limit themselves to the subject matter of the case in hand!&lt;br /&gt;
&lt;br /&gt;
When the SC makes caustic observations, does it spare a thought that it might be hurting those bureaucrats who honestly do their jobs but are not succeeding in achieving desired results given the enormity of problems. When the SC has the licence to make such remarks, would HCs remain far behind?&lt;br /&gt;
&lt;br /&gt;
Recently, the Uttarakhand HC made news by giving the Ganga living entity status. It also ruled that animals had rights equal to that of human beings. Just a few days ago, the HC threatened to turn the oldest tiger reserve, Corbett National Park, into a race track for cars as the government had not evicted forest-dwelling communities and had failed to protect animals.&lt;br /&gt;
&lt;br /&gt;
Given the stinging observations of the SC, no doubt intended to solve problems, attorney general K K Venugopal sounded a caution and told the bench that there should be an impact assessment of orders on PILs at the ground level. He said before passing sweeping orders, the courts must examine impact on employment, investment and morale of the workforce.&lt;br /&gt;
&lt;br /&gt;
Interestingly, the SC nearly three decades ago had made a virtue of judicial restraint. In A M Mathur vs Pramod Kumar Gupta [1990 (2) SCC 533], it had said, “Judicial restraint and discipline are as necessary to the orderly administration of justice as they are to the effectiveness of the army. “This quality in decision making is as much necessary for judges to command respect as to protect the independence of the judiciary. Judicial restraint in this regard might better be called judicial respect, that is, respect by the judiciary.&lt;br /&gt;
&lt;br /&gt;
“Respect to those who come before the court as well to other coordinate branches of the state — the executive and the legislature. There must be mutual respect. When these qualities fail or when litigants and public believe that the judge has failed in these qualities, it will be neither good for the judge not for the judicial process.&lt;br /&gt;
&lt;br /&gt;
“The judges have absolute and unchallengeable control of the court domain. But they cannot misuse their authority by intemperate comments, undignified banter or scathing criticism of counsel, parties or witnesses. We concede that the court has the inherent power to act freely upon its own conviction on any matter coming before it for adjudication, but it is a general principle of the highest importance to the proper administration of justice that derogatory remarks ought not to be made against persons or authorities whose conduct comes into consideration unless it is absolutely necessary for the decision of the case.”&lt;br /&gt;
&lt;br /&gt;
These lines, said 28 years ago, still hold good for judiciary, if it wants to command respect from the public, the executive and the legislature.&lt;br /&gt;
&lt;br /&gt;
=Sealed cover proceedings=&lt;br /&gt;
==Adopted by the SC since 2000==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/sc-has-relied-on-sealed-cover-proceedings-in-several-cases-gujarat-riots-2g-coal-scam-cbi-rafale/articleshow/66801761.cms  Dhananjay Mahapatra, SC has relied on sealed cover proceedings in several cases – Gujarat riots, 2G, coal scam, CBI &amp;amp; Rafale, November 26, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
To prevent further damage to the CBI’s public image, already sullied by incessant mudslinging between CBI director Alok Verma and his deputy Rakesh Asthana, the Supreme Court had resorted to ‘sealed cover proceedings’ while asking all parties to maintain strict confidentiality. &lt;br /&gt;
&lt;br /&gt;
After a bench led by CJI Ranjan Gogoi ordered ‘strict confidentiality’, three CBI officers had filed applications challenging their transfers out of Delhi immediately after the Centre sent both Verma and Asthana on leave. &lt;br /&gt;
&lt;br /&gt;
The last application was by an IPS officer with 18 years experience. He did little justice to his experience as a police officer by relying on ‘unverified’ statement of Hyderabad-based businessman Sathish Babu Sana to make ‘shocking’ allegations against Asthana, the CVC, the NSA, a Union minister, the law secretary and a RAW special secretary. &lt;br /&gt;
&lt;br /&gt;
The real facts behind these ‘shocking’ allegations need to be found out. We also must know what impelled the IPS officer to level these allegations when the SC through ‘sealed cover proceedings’ was scrutinising the CVC report’s which contained “not so complimentary and very uncomplimentary’ remarks against Verma. &lt;br /&gt;
&lt;br /&gt;
But the ‘sealed cover proceedings’ appears to have disturbed some, who are questioning its efficacy. The same people have expressed similar doubts over sealed cover proceedings adopted by the SC in scrutinising the Rafale deal. Since 2000, ‘sealed cover’ proceedings have been adopted by the SC in Gujarat riot cases, the 2G spectrum allocation scam and the coal block allocation scam. &lt;br /&gt;
&lt;br /&gt;
In post-Godhra riots cases, R K Raghavan headed SIT had filed several sealed cover status reports before the SC. As the SC was gunning for the Gujarat government then headed by Narendra Modi, Raghavan was hailed as an independent investigator by social activists and their activist lawyers as media reported the summary of the contents of almost every SIT report. &lt;br /&gt;
&lt;br /&gt;
One SIT report unfortunately talked about an activist peddling exaggerated stories about riot victims as also tutoring witnesses. Reporting of this SIT report caused much discomfort. The activists’ lawyer vociferously and repeatedly pleaded with the SC to initiate contempt proceedings against the reporter for revealing details of the ‘sealed cover’ report. &lt;br /&gt;
&lt;br /&gt;
In arbitrary allocation of 2G spectrum by UPA government in 2008, the SC had routinely scrutinised ‘sealed cover’ CBI probe status reports. No one questioned the efficacy of such proceedings then. &lt;br /&gt;
&lt;br /&gt;
The SC yet again adopted ‘sealed cover’ proceedings to monitor CBI probe into coal block allocations under the UPA regime. The then PM too has been made an accused in the case, though the trial against him has been stayed since 2015 by the SC. &lt;br /&gt;
&lt;br /&gt;
Before the ex-PM was made an accused, the CBI made a startling admission on April 30, 2013 — probe status reports, prior to submission to the SC, were vetted by then law minister and two joint secretary level officers, one in the PMO and the other in the coal ministry. &lt;br /&gt;
&lt;br /&gt;
On May 8, 2013, the SC recorded, “The draft status report was shared with the law minister, law officers and two joint secretary level officers and at their instance some changes were made. Some of the changes made in these draft status reports are significant.” Changes related to CBI’s PE2, which was on alleged irregularities in coal block allocations during 2006-09, when the ex-PM held the coal portfolio. &lt;br /&gt;
&lt;br /&gt;
Those who had subjugated the CBI director, illegally vetted and audaciously made vital changes in the probe status report are now vociferous while shedding crocodile tears for the danger to the CBI’s autonomy. We hope there will be constructive criticism of a decision by the court rather than nitpicking over ‘sealed cover proceedings’. &lt;br /&gt;
&lt;br /&gt;
A majority of politicians and activists behave according to the season and circumstances. Very few rise above the surroundings to work for greater common good. It reminds us of a small story: Once a king dreamt of an owl flapping around his throne. None in the durbar could decipher the dream. The king announced a handsome reward of 10 gold coins. A long distance away, a farmer resting under a tree was day-dreaming of the reward. A bird on the tree told the farmer she would share the dream’s meaning if he agreed to share the reward. Farmer agreed. Bird said betrayal and treachery rules the roost in the kingdom. The farmer told the king what the dream meant. The king found it in sync with intelligence reports. The farmer’s happiness fizzled out as soon as he neared home as the thought of giving the bird five gold coins was gnawing him. He took an alternative road home. &lt;br /&gt;
&lt;br /&gt;
A year later, the king saw another dream. A knife revolving around his throne. He sent for the farmer, who ran straight to the bird, apologised for betraying her the last time, and promised to share the booty this time. The bird said the dream meant violence would erupt in the kingdom. Satisfied with the meaning of the dream, the king gave 20 gold coins to the farmer. The man was sadder this time and working himself into a fury by repeatedly asking – what will a bird do with 10 gold coins? While heading home, he picked up a stone. As he neared the tree and the moment the bird asked for her share, the man aimed the stone at her. The bird flew away. &lt;br /&gt;
&lt;br /&gt;
Next year, the king dreamt of a dove flying around his throne and again sent for the man, who ran to the tree, and profusely apologised for his treacherous and violent actions in the past. In bargain for same promise to share the reward, the bird said this time there is peace in the kingdom and the king could take up welfare works for citizens. A happy king rewarded the farmer with 50 gold coins. The man went straight to the tree, gave all the gold coins to the bird and sought forgiveness. &lt;br /&gt;
&lt;br /&gt;
The bird smiled and said gold coins were of no use to her. But few men can rise above the surroundings and prevailing atmosphere to behave like real men, she said and told the farmer to strive to be a real man who remains uninfluenced by the atmosphere of distrust and conspiracy. Prior to every election, politicians across the political landscape behave alike and trade charges against each other with the sole aim of winning votes. We hope times will change.&lt;br /&gt;
&lt;br /&gt;
= Sentences, concurrent or consecutive?=&lt;br /&gt;
==If for non-payment of fines, then consecutive/ 2018== &lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F09%2F22&amp;amp;entity=Ar01612&amp;amp;sk=5F1190DB&amp;amp;mode=text  Dhananjay Mahapatra, Sentences for non-payment of fine to run consecutively: SC, September 22, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Supreme Court ruled that if a convict fails to pay the fines imposed on him for separate offences, the sentences for default in payment would run consecutively not concurrently.&lt;br /&gt;
&lt;br /&gt;
Five persons, convicted under Maharashtra Control of Organised Crime Act (MCOCA), were fined Rs 5 lakh each under three sections of MCOCA and upon default, they were to undergo imprisonment of three years for each section.&lt;br /&gt;
&lt;br /&gt;
In an appeal before a bench of Justices Abhay Manohar Sapre and Uday Umesh Lalit, senior advocate Colin Gonsalves said the cumulative fine was Rs 15 lakh and upon default, the convicts had to undergo further imprisonment of nine years, even after serving 14 years in jail. Gonsalves pleaded that the default sentences must run concurrently, that is for three years.&lt;br /&gt;
&lt;br /&gt;
Writing the judgment for the bench, Justice Lalit referred to provisions of Criminal Procedure Code and said, “The idea is clear, the default sentence is not to be merged with or allowed to run concurrently with a substantive sentence. Thus, the sentence of imprisonment for nonpayment of fine would be in excess of or in addition to the substantive sentence.”&lt;br /&gt;
&lt;br /&gt;
Explaining why the sentences should run consecutively and not concurrently, he said, “Theoretically, if the default sentences awarded in respect of imposition of fine in connection with two or more offences are to be clubbed or directed to run concurrently, there would not be any occasion for the person so sentenced to deposit the fine in respect of the second or further offences. It would effectively mean imposition of one single or combined sentence of fine. Such an exercise would render the very idea of imposition of fine with a deterrent stipulation while awarding sentence in default of payment of fine to be meaningless.”&lt;br /&gt;
&lt;br /&gt;
Referring to the case at hand, the bench said if default sentences awarded in respect of each of those three counts under MCOCA were directed to run concurrently, the accused may not be inclined to deposit fine for two of the three counts.&lt;br /&gt;
&lt;br /&gt;
=See also=&lt;br /&gt;
[[Supreme Court: India]] (mainly SC's rulings)&lt;br /&gt;
&lt;br /&gt;
[[Supreme Court, India: Administrative issues]]&lt;br /&gt;
&lt;br /&gt;
[[Supreme Court: India: Chief Justices]]&lt;br /&gt;
&lt;br /&gt;
[[Supreme Court: India: Sitting judges]]&lt;br /&gt;
&lt;br /&gt;
[[Judicial appointments, senior: India]] mainly the Collegium debate&lt;br /&gt;
&lt;br /&gt;
[[Judiciary: India (powers, functions)]]&lt;br /&gt;
&lt;br /&gt;
[[Judiciary, superior: India]]&lt;br /&gt;
&lt;br /&gt;
[[Judiciary: India]]&lt;br /&gt;
&lt;br /&gt;
[[Witness protection: India]]&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

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		<title>Supreme Court: India</title>
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				<updated>2019-02-17T05:46:51Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: /* 2018, Jan: Four SC judges’ press conference */&lt;/p&gt;
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=Article 142 in The Constitution Of India 1949=&lt;br /&gt;
142. ''' Enforcement of decrees and orders of Supreme Court ''' and unless as to discovery, etc &lt;br /&gt;
&lt;br /&gt;
( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe&lt;br /&gt;
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(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself&lt;br /&gt;
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==‘A tool for judicial dictatorship’ ==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=OPINION-Article-142-cant-be-tool-for-judicial-03042017002030      C A Sundaram| Article 142 can't be tool for judicial dictatorship Apr 03 2017 : The Times of India (Delhi)]&lt;br /&gt;
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'' (The writer is a Supreme Court lawyer) '' &lt;br /&gt;
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As a committed democrat, I believe that an inefficient democracy is preferable to an efficient dictatorship and any form of absolutism, even by the judiciary, is unacceptable.&lt;br /&gt;
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The anathema of democracy is dictatorship, whether in the hands of an individual, a group or an institution. The very soul of a democracy is that the people's will is supreme. Howsoever wise be the 30 adorning the apex court and howsoever noble their motives, they can never speak for 1.2 billion people who speak through their representatives in the legislature.&lt;br /&gt;
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It is not a case of comparative wisdom or intellect since democracy itself owes its origins in Greece to the revolt against the rule of the intelligentsia. It is for this very reason that the founding fathers of our Constitution provided strictly for the separation of powers, which would maintain a balance and protect against any one institution overpowering or dominating the others.&lt;br /&gt;
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How then can 30 wise but unelected people exercise powers akin to legislation? More so, when the selection of future members into this august group is decided by five of their wisest, with none else given a me aningful role in such appointments. Such power to self-propagate has also been conferred by their own judgments.&lt;br /&gt;
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While the independence of the judiciary is to be strictly protected, with it comes the responsibility of acting within constitutional boundaries and resisting the temptation to venture into the terrain of other institutions in the absence of viola tion of constitutional and legal principles.&lt;br /&gt;
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Over the recent past, however, increasing powers are traced to Article 142 to decide a host of issues that would fall within the domain of other institutions. The exercise of such powers with no one to turn to against such exercise except the very body that had exercised the powers in the first place is certainly not democratic and bor ders on authoritarianism or at the very least, rule of the intelligentsia.&lt;br /&gt;
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Article 142 is an extraordinary power to be sparingly used where there is a legislative or executive void and comes into play when the conclusion is founded on statute or law but a remedy has to be created. Surely , its purpose is not replacing the wisdom of other institutions with that of the judiciary .&lt;br /&gt;
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''' The recent judgment ''' of the apex court overriding the objections of the states has also prohibited luxury hotels within 500 metres of a highway from serving liquor in restaurants, banquet halls or even to guests in their rooms.&lt;br /&gt;
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To name a few, Aero City in Delhi, Leela in Mumbai, and Grand Chola in Chennai are all subject to this embargo.Members cannot have a drink in iconic clubs like the Gymkhana. Even more surprising is that this fatwa was passed in a litigation expressing concern over liquor shops operating on the fringe of highways proving a temptation to passing motorists and encouraging drunk driving.&lt;br /&gt;
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The judgment was surprising as it is highly likely that a person going to Bukhara for dinner does so to break the monotony of his driving or that the hotel guest having a nightcap would be tempted to rush out and start driving.&lt;br /&gt;
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That stopping such people from drinking would make the highway safer defies logic. If it was to enforce a prohibition on the consumption of liquor, it was beyond the powers of the court and in the domain of the legislature. The only source relied on for the exercise of such power by the court is Article 142 of the Constitution which empowers it to pass orders to do complete justice to parties. Today it has become as uncertain and elastic in its use as an anteater's tongue.&lt;br /&gt;
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It is certainly not to decide that it would be more - wholesome for the populace if hotels legally built and legally serving numerous needs ought not to serve liquor since they may be used as a watering hole by thirsting motorists.&lt;br /&gt;
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==Art 142 used to end marriage after wife skips hearings==&lt;br /&gt;
[http://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2017%2F12%2F15&amp;amp;entity=Ar01703&amp;amp;sk=346BF5BD&amp;amp;mode=text  AmitAnand Choudhary, SC invokes extraordinary powers to end marriage after woman skips hearings, December 15, 2017: ''The Times of India'']&lt;br /&gt;
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The Supreme Court dissolved a marriage after the wife refused to respond to its notice to appear in court to contest the case. The husband had been fighting a legal battle for the last three years after his wife withdrew her consent for divorce after filing a joint petition in the family court.&lt;br /&gt;
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A bench of Justices R K Agrawal and Abhay Manohar Sapre invoked the SC’s extraordinary power granted under Article 142 to dissolve the marriage without hearing the wife as she refused to respond to its notice issued on the husband’s plea. The court said she was not interested in keeping the marital relationship alive and allowed the husband’s divorce plea. Article 142 empowers the SC to pass order as is necessary for doing complete justice in any cause or matter pending before it. The couple got married in 2013 but the relationship soured soon after and they agreed to separate. They filed a joint petition in the family court seeking dissolution of marriage through mutual consent. The wife thereafter did not appear before the court which finally dismissed the petition. The man then approached the High Court of Judicature at Hyderabad which refused to grant him divorce after his wife’s lawyer contended that she had not given consent.&lt;br /&gt;
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Agreeing to examine his plea, the apex court had issued a notice to the wife to file her response but neither she not her lawyer appeared to argue the case. She did not appear before the court on 18 dates when the matter was taken up for hearing.&lt;br /&gt;
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Taking into account her conduct, the apex court dissolved the marriage and said there was no dispute that the couple had entered into an agreement to end the marital relationship.&lt;br /&gt;
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=Contempt of court=&lt;br /&gt;
==Calcutta HC on contempt: SC==&lt;br /&gt;
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The Times of India, Sep 18, 2011&lt;br /&gt;
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The Jalpaiguri district court was shut for a month by people demanding a Calcutta high court circuit bench there and the high court convicted 18 people, including the DGP of the West Bengal police, editor of a local daily, an ex-MP, an MLA and the district magistrate, for contempt. &lt;br /&gt;
When they appealed against their conviction and six-month jail term, the tables were turned in the Supreme Court, which not only quashed the contempt proceedings but also faulted the high court for not taking timely action during the agitation to help keep the district court open. &lt;br /&gt;
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The protesting public started the agitation on December 15, 2006 outside the main gate of the district court and requested the judicial officers not to go to court. It continued for a month till January 15, 2007. &lt;br /&gt;
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A bench of Justices P Sathasivam and B S Chauhan said the agitation was peaceful and the judicial officers were not forcibly prevented from attending the court. However, it reiterated that “the administration of justice should never be stalled at the instance of anyone including the members of the bar even for any cause.” &lt;br /&gt;
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The SC found that there was no request from the district judge or from the registrar general of the HC for removal of the rostrum put up in front of the gate and clearing of the protesters. It disagreed with the HC’s view that the DGP disobeyed the Chief Justice’s order for restoration of the district court’s functioning.&lt;br /&gt;
== Siddaramaiah, Sahara and other cases==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=LEGALLY-SPEAKING-High-and-mighty-in-country-make-03102016014045  Dhananjay Mahapatra High and mighty in country make judiciary drag its feet, Oct 03 2016 : The Times of India]&lt;br /&gt;
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Siddaramaiah's Snub To SC Not 1st Case Of Defiance By A CM&lt;br /&gt;
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Defiance of the Supreme Court's orders have al ways invited stinging punishment. Sahara group chief Subrata Roy will testify to that. He spent more than two years in jail and yet is not safe from the wrath of law. Last week, he was in real danger of being dragged back to prison just because his counsel made some intemperate arguments to test the SC's patience.&lt;br /&gt;
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Again in Sept 2016, the Justice Lodha committee complained to the SC that the Board of Control for Cricket in India (BCCI) was impeding and defying implementation of reforms ordered by the apex court. Asking the BCCI to fall in line, the SC issued a “we will set you right“ warning.&lt;br /&gt;
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But last week also saw Karnataka repeatedly flouting the SC's orders for release of Cauvery water to Tamil Nadu. Three times in the past one month, the state disobeyed the SC's orders. The political class came together and the assembly passed a resolution restraining the government from releasing water.&lt;br /&gt;
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The SC had no option but to reiterate its orders notwithstanding the assembly resolution. CM Siddaramaiah told the SC in clear terms that given the “will of the people of Karnataka“, he would disobey the court's orders.&lt;br /&gt;
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In a democracy , rule of law is maintained only when the violator faces reprisal of law swiftly and unwaveringly . For a commoner, the wrath of law has always been swift but when it comes to a mighty state or a chief minister, the SC has always been a little lenient.&lt;br /&gt;
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It is not the first time that Karnataka has disobeyed SC orders. In 2002, the SC had issued contempt notice to then chief minister S M Krishna for disobeying its October 4, 2002 order for release of 9,000 cusecs of water into Mettur reservoir. The contempt proceedings gathered dust. After six years, the SC disosed of the contempt proce edings taking into account Krishna's unconditional apology for the disobedience filed through senior advocate Fali S Nariman, who continues to be the counsel for Karnataka in the Cauvery dispute.&lt;br /&gt;
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Is Siddaramaiah drawing inspiration from the past? Difficult to say but the SC faces a real dilemma. If it hauls up the CM for contempt, it would help his popularity soar. And there is no guarantee of his successor implementing the SC's orders. As regards Siddaramaiah, he would not mind facing the wrath of law to emerge a martyr a few months ahead of assembly elections.&lt;br /&gt;
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If the court does not take action, then it could encourage other states to defy its orders hiding behind the “will of the people“. And at present, it takes virtually nothing to whip up public hysteria.&lt;br /&gt;
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In 1992, then UP chief minister Kalyan Singh had given an undertaking to the SC to maintain status quo at the disputed Ram Janmabhumi-Babri masjid site. It was flagrantly violated and the structure was razed to the ground. The SC convicted him for contempt of court.&lt;br /&gt;
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In Mohd Aslam vs Union of India [1994 (6) SCC 442], the SC said, “It is unhappy that a leader of a political party and chief minister has to be convicted of an offence of contempt of court. But it has to be done to uphold the majesty of law. We convict him of the offence of contempt of court.Since the contempt raises larger issues which affect the very foundation of the secular fabric of our nation, we also sentence him to a token imprisonment of one day. We also sentence him to pay a fine of Rs 2,000.“ Is that the wrath of law ­ one day's imprisonment or a fine of Rs 2,000?&lt;br /&gt;
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Importantly, the SC had aid, “Respect for law and its nstitutions is the only assuance that can hold a plura st nation together. Any atempt to achieve solutions to ontroversies, however ideoogically and emotionally urcharged, not on the basis f law and through judicial nstitutions, but on the trength of numbers will subert the fundamental values f our chosen political orga isation. It will demolish ublic faith in the accepted onstitutional institutions nd weaken people's resolve o solve issues by peaceful eans. It will destroy respect or rule of law and the authoity of courts, and seek to plae individual authority and trength of numbers above he wisdom of law.“&lt;br /&gt;
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Contrast this to a very reent example in the US. No ess than Alabama Supreme ourt chief justice Roy S More was suspended because e had ordered junior judges o defy an order of the US Su reme Court which validated ame-sex marriage in June ast year. That is what is caled the wrath of law which perates on the basis of the axim “you be ever so high, he law is above you“.&lt;br /&gt;
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Unfortunately in India, the wrath of law has always remai ed inversely proportional to he position and popularity of n individual. The higher he stands, lesser the chance of him acing the wrong end of the judicial stick. It will be interes ng to watch how the `wrath of w' story unfolds in the SC .&lt;br /&gt;
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= Curative jurisdiction=&lt;br /&gt;
==2017: AG calls for a review== &lt;br /&gt;
[http://epaperbeta.timesofindia.com//Article.aspx?eid=31808&amp;amp;articlexml=SCs-flawed-curative-jurisdiction-needs-urgent-relook-says-29042017013011  Dhananjay Mahapatra, SC's flawed curative jurisdiction needs urgent relook, says AG, April 29, 2017: The Times of India]&lt;br /&gt;
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'''Observation Comes Day After SC Rejected Centre's Plea On AFSPA'''&lt;br /&gt;
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A day after the Supreme Court dismissed the Centre's plea to exempt armed forces' personnel from prosecution for encounter deaths in areas under the Armed Forces Special Powers Act (AFSPA), attorney general Mukul Rohatgi on Friday made a strong pitch for review of the curative jurisdiction and called it “unfair and flawed“.&lt;br /&gt;
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The SC had devised the curative jurisdiction in 2002 in its order in the Rupa Ashok Hurra case whereby a litigant could, as the last recourse, seek reconsideration of a judgment even after a review petition had been dismissed, on grounds of alleged violation of principle of natural justice and bias. A curative petition is considered in chamber by a bench that includes the three senior-most judges of the SC and the judges who had delivered the judgment in question. Rohatgi gave three grounds terming the process for cura for terming the process for curative petitions as “unfair and flawed“. He said, “If the judges who had delivered the judgment and dismissed the review petition were to be part of the bench to hear the curative petition, then it is obvious that the result would go the same way as the fate of the review petition. If the intention is to have a relook at the judgment, then the curative petition must be placed before a bench which does not include the judges who had delivered the judgment.“&lt;br /&gt;
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Speaking to TOI, the AG also faulted the procedure adopted in deciding curative petitions. “In camera proceedings are contrary to the notion of dispensation of justice under public gaze. The court proceedings in India are open to public, except in exceptional circumstances,“ Rohatgi said.&lt;br /&gt;
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The third ground, he said, was the absence of petitioner's counsel to argue before the bench dealing with the curative petition. “The procedure established through the Hurra judgment is not in accordance with the principles of natural justice and deserves a relook urgently,“ he said. On Wednesday, the SC up held its direction for mandatory registration of FIR against armed forces personnel, even in disturbed areas under AFSPA, for every encounter death despite the Centre pleading that this order could jeopardise efforts to maintain peace and security .&lt;br /&gt;
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In a chamber hearing without the presence of law officers for the Centre, a bench of Chief Justice J S Khehar and Justices Dipak Misra, J Chelameswar, Madan B Lokur an U U Lalit had dismissed the Union government's curative petition against the judgment delivered last year. “We find no merit in the curative petition,“ it said before rejecting the plea.&lt;br /&gt;
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By the July 8, 2016 order, the SC had negated the protection against prosecution available to armed forces under AFSPA. The Centre had said, “If the position maintained by the impugned order continues, it may one day be well-nigh impossible to maintain peace and security .“&lt;br /&gt;
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=High Courts’ judgements and the SC=&lt;br /&gt;
==Complimenting HCs==	&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F21&amp;amp;entity=Ar01302&amp;amp;sk=A1C1C65B&amp;amp;mode=text  Dhananjay Mahapatra, How often does SC compliment HCs? Every now &amp;amp; then, January 21, 2018: ''The Times of India'']&lt;br /&gt;
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The fulsome praise showered by the Supreme Court on the Delhi high court for deciding the sexual harassment case against filmmaker Mahmood Farooqui may appear to be against the run of play because of the perception that HC verdicts are routinely overturned by the apex court.&lt;br /&gt;
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However, a quick scan of important cases heard by the apex court by way of appeals against high court verdicts reveals that, contrary to the widely held impression, in the majority of cases the SC has not only agreed with the HCs but even rebuked state governments for contesting well-reasoned orders. There have, of course, been instances of the apex court faulting HCs for falling into error.&lt;br /&gt;
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“The Supreme Court needs to be complimented for complimenting the high court,” said a senior lawyer.&lt;br /&gt;
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In March last year, the Calcutta HC ordered the CBI to take hold of all material, including Narada sting operation videos allegedly showing Trinamool members taking bribe, and register a preliminary enquiry (PE) in 72 hours. The West Bengal government cried foul and accused the CBI of political vendetta and appealed in the SC. The apex court strongly criticised the Mamata Banerjee government, made its counsel apologise, and held that the appeal was “most unfortunate” deserving “outright rejection”.&lt;br /&gt;
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The SC had said: “We have perused the order under challenge and it emerges that the HC took into consideration the material which required holding of PE at the hands of the CBI. We find no infirmity with the determination of the HC as the rights of petitioners are fully protected.”&lt;br /&gt;
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In February 2015, the Delhi high court restrained Prasar Bharati from sharing the free live telecast feed of cricket matches available to Doordarshan with cable operators. In August last year, the SC said the HC had correctly decided the case and affirmed the order.&lt;br /&gt;
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The Delhi high court will also draw satisfaction in the SC fully endorsing its verdict convicting four persons and awarding them death penalty for the gang rape and murder of ‘Nirbhaya’ in December 2012. The Supreme Court, after minute scrutiny of every piece of evidence, found no infirmity in the HC judgment. It is one of those rare cases where the trial court, the HC and the SC were on the same page.&lt;br /&gt;
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In contrast, the 2001Parliament attack case shows how scrutiny of evidence at the higher levels of judiciary makes certain evidence, relied on by the trial court, appear doubtful. In this case, the trial court had awarded death sentences on Mohammad Afzal Guru, Shaukat Hussain Guru and SAR Gilani, and a five-year jail term to Afsan Guru. The HC upheld the death sentence for Afzal and Shaukat but acquitted Gilani and Afsan. The SC, despite terming the HC order “well reasoned”, awarded death only to Afzal, a 10-year jail term to Shaukat and upheld the acquittal of Gilani and Afsan.&lt;br /&gt;
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In November last year, the Supreme Court had upheld an Uttarakhand HC verdict approving the assembly speaker’s decision to disqualify nine MLAs for defecting from Congress and said it was a “well-reasoned order”. In December last year, the SC was again on the same page with the Delhi HC in refusing to accord ‘Vande Mataram’ status equivalent to that of the national anthem.&lt;br /&gt;
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Last month, it also agreed with theDelhi HC and dismissed a petition filed by AAP member Raghav Chadha, who had challenged the trial judge’s decision to summon him to face proceedings in a defamation case filed against him by finance minister Arun Jaitley for merely retweeting an allegedly defamatory statement by Delhi chief minister Arvind Kejriwal.&lt;br /&gt;
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However, there are occasions when the SC expressed annoyance with the HCs, as it did last year in the fodder scam case. The Jharkhand HC had said the scam was a product of one conspiracy and hence former Bihar CM and RJD chief Lalu Prasad could not be made to face conspiracy charge in fodder scam cases relating to different treasuries. The SC overturned the order and criticised the HC for “ignoring the settled principles of law” that instances of illegal withdrawal of crores of rupees from every treasury require a separate trial. That is how Lalu Prasad came to be convicted in the second fodder scam case and faces more trials.&lt;br /&gt;
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= Impeachment =&lt;br /&gt;
[https://www.indiatoday.in/magazine/up-front/story/20180416-cji-dipak-mishra-impeachment-supreme-court-1206276-2018-04-05#ssologin=1#source=magazine Faizan Mustafa , Judging our judges “India Today” 16/2/2018]&lt;br /&gt;
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Yet no judge has so far been impeached in India. In 2010, senior lawyer and former law minister Shanti Bhushan asserted, in an affidavit in the Supreme Court, that out of 16 chief justices of India, as many as eight were 'definitely corrupt'. There was a move to impeach CJI M.M. Punchhi for acquitting a person on the basis of a compromise in a matter of criminal breach of trust-which is a non-compoundable offence-for allegedly extraneous considerations, but the requisite number of MP signatures could not be procured for the impeachment motion. Last year, CJI J.S. Khehar too was mired in a controversy over the suicide note of former Arunachal Pradesh chief minister Kalikho Pul. Justice Markandey Katju too had made serious allegations about the extension given to a Madras High Court judge by three CJIs under political pressure from the DMK and UPA.&lt;br /&gt;
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The ill-conceived, half-hearted and unrealistic move to impeach CJI Dipak Misra on charges that are hard to prove should cue attempts to put in place a system of judicial accountability short of impeachment.&lt;br /&gt;
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A judge can be impeached by Parliament on grounds of 'proved misbehaviour or incapacity'. Judges hold office, not only in India but also in, say, Britain and the US, during what may be termed as 'good behaviour' periods. The CJI too can be impeached like any other judge as he is simply the first among equals. The Supreme Court itself has held that 'misconduct' is a relative term that could connote &amp;quot;wrong conduct or improper conduct&amp;quot;. The Judges (Inquiry) Bill, 2006, did include wilful, persistent failure to perform duties within the definition of 'misconduct', but it is difficult to argue that writing of fewer judgments or wrong judgments amounts to 'misconduct' or 'incapacity'.&lt;br /&gt;
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Public perception matters in the discharge of judicial functions. If there is even a baseless perception that the CJI and/ or other judges are under the influence of the government and matters in which the government is interested are given to pliant benches, it may be a worrisome sign for the independence of the judiciary. However, none of this, including the controversial constitution of a seven- and then five-judge bench with great alacrity to overturn a decision of a three-judge bench in the Lucknow medical college case, may really meet the stringent criteria of 'misconduct'.&lt;br /&gt;
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Corruption is a cognisable offence, yet in the Justice K. Veeraswami case (1991), the apex court laid down that no FIR can be filed against a judge without the permission of the CJI. Although the case was about corruption, the Supreme Court extended protection to all cases. If the allegation of corruption is against a Supreme Court judge, the President could order an investigation in consultation with the CJI. If the allegation was against the CJI, the President had to consult other judges and act on their advice. In CJI Khehar's case, since the allegations were not only against him but also against the then President (Pranab Mukherjee), Khehar rightly ordered that the matter be referred to an appropriate bench.&lt;br /&gt;
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The impeachment process is so time-consuming and tortuous that it practically gives judges immunity. We, therefore, must evolve other mechanisms to evaluate the performance of judges. Judicial accountability promotes at least three discrete values: the rule of law, public confidence in the judiciary, and institutional responsibility. Many US states have a 'merit plan' to evaluate judicial performance. States such as Arizona, California and Utah have Judicial Performance Review Commissions/ Councils. These consist of not only judges and lawyers but also laypersons. New York and Alaska have systems of evaluation by trained court observers who make unscheduled court visits. Judges are evaluated on their knowledge of law, integrity, sentencing, impartiality etc. Judges must be judged too, and we need mechanisms that enable this.&lt;br /&gt;
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=Judgements, famous=&lt;br /&gt;
==Disaster relief order: 2016==&lt;br /&gt;
[http://epaperbeta.timesofindia.com//Article.aspx?eid=31808&amp;amp;articlexml=SC-erred-in-disaster-relief-order-26052016011035 ''The Times of India''], May 26 2016&lt;br /&gt;
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Dhananjay Mahapatra&lt;br /&gt;
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In its over-zealousness to protect the lives of citizens reeling under severe drought in several states, the Supreme Court has erred in directing the Centre to set up a National Disaster Mitigation Fund (NDMF) under a non-operational statutory provision which had riled the government.&lt;br /&gt;
Led by finance minister Arun Jaitley , the government had accused the judiciary of wanton interference in the executive's exclusive domain of earmarking funds for various purposes under the budgetary exercise.&lt;br /&gt;
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The SC on May 11 had quoted Section 47 of the Disaster Management Act, which provides for setting up of NDMF for projects exclusively for the purpose of mitigation -measures aimed at reducing the risk of disaster.&lt;br /&gt;
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Slamming the government, the SC had said, “Although the DM Act has been in force for more than 10 years, the NDMF has not yet been constituted. Therefore, there is no provision for mitigation of a disaster.“ It said since the Centre had not set up NDMF, it was unlikely that states or district administrations would have set up disaster mitigation funds.&lt;br /&gt;
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“As mandated by Section 47 of the DM Act, 2005, a Na tional Disaster Mitigation Fund is required to be established. Unfortunately, no such fund has been constituted till date. Accordingly, we direct the Union of India to establish a National Disaster Mitigation Fund within three months,“ the bench said and set August 10 as the deadline to set up NDMF.&lt;br /&gt;
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While the anxiety to come to the rescue of those affected by droughts was reflected in the judgment of Justices Madan B Lokur and N V Ramana, the bench missed the fact that Section 47 of the DM Act was not yet notified. None of the counsel -neither additional solicitor general P S Narasimha nor the advocates appearing for states -drew the court's attention to the fact that Section 47 mandating setting up of NDMF was not notified by the government and, hence, remained non-operative.&lt;br /&gt;
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As a result of this mistake, the SC ended up directing the Centre to implement a provision of law which for all practical purposes is non-existent.&lt;br /&gt;
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A day after the SC directed the Centre to set up NDMF, Jaitley said the judiciary was progressively appropriating the executive's powers. “Step by step, brick by brick, the edifice of India's legislature is being destroyed,“ he said and his remark was appreciated by MPs cutting across party lines.&lt;br /&gt;
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==Setting up a Disaster Response Force==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=SC-also-erred-in-asking-govt-to-set-28052016012059 ''The Times of India''], May 28 2016&lt;br /&gt;
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'''SC also erred in asking govt to set up Disaster Response Force: ASG'''&lt;br /&gt;
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Additional solicitor general P S Narasimha on Friday said the Supreme Court erred not only in directing setting up of National Disaster Mitigation Fund (NDMF) but also in asking the Centre to set up a National Disaster Response Force (NDRF).&lt;br /&gt;
Responding to a TOI report published on Thursday, Narasimha said during the arguments on a PIL filed by `Swaraj Abhiyan', he had pointed out to the court that Section 47 of Disaster Management Act had left it to the Union government's discretion whether or not to set up NDMF by using the words “the government may“.&lt;br /&gt;
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“Apart from this, I had also pointed out to the court that National Disaster Re sponse Fund under Section 46 was already constituted and in fact been operated since 2010. During the course of hearing, I had elaborately pointed out the distinction between mandatory provisions and those which are enabling,“ he said.&lt;br /&gt;
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He added that he had also brought to the court's notice the rejection of a proposal to set up NDMF by the 13th Finance Commission, which was of the view that funds were already available to different ministries under the DM Act for mitigation measures connected to a disaster.&lt;br /&gt;
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“Surprisingly , in its judgment on May 11, the court directed constitution of NDMF. Equally erroneously, the judgment directed formation of NDRF, although such a force has already been constituted under Section 44 with the requisite manpower. This fact was brought to the notice of the bench by a senior officer of the disaster management authority who was present in the court,“ Narasimha said.&lt;br /&gt;
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The ASG objected to the TOI report which said that “the bench missed the fact that Section 47 of the DM Act was not yet notified as none of the counsel -neither additional solicitor general P S Narasimha nor advocates appearing for the states -drew the court's attention to this fact“. TOI had reported that the SC had erred by directing constitution of NDMF as Section 47 was nonoperational.&lt;br /&gt;
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He said attribution of this omission to him was erroneous as he had presented all facts before the court.“For these reasons, I promptly advised filing of a review petition as these findings constitute errors apparent on the face of the record,“ he said.&lt;br /&gt;
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However, none of the written submissions presented by the Centre to the court during the hearing mentioned the fact that non-notification of Section 47 barred the court from directing the government to constitute NDMF.&lt;br /&gt;
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=Judges=&lt;br /&gt;
==Advocates who gained straight entry to the SC==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=4-new-SC-judges-2-rarities-05052016001068 ''The Times of India''], May 5, 2016&lt;br /&gt;
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2016: Senior advocate L Nageshwar Rao joined a super-exclusive club of advocates to gain straight entry to the SC: Kuldip Singh, Santosh Hegde, U ULalit and R F Nariman. Rao was additional solicitor gene ral under both UPA and NDA before resigning in 2015.&lt;br /&gt;
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==Both father and son as SC judges==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=4-new-SC-judges-2-rarities-05052016001068 ''The Times of India''], May 5, 2016&lt;br /&gt;
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2016: The collegium headed by the Chief Justice of India recommended appointment to the Supreme Court of Allahabad HC chief justice DhananjayChandrachud. Justice Chandrachud's father Yeshwant was CJI from February 1978 to July 1985. Appointed a judge in Bombay HC at just 40, Chandrachud Junior has nine years of service left and a strong chance of creating history by also becoming CJI. Only once before have both father and son made it to the SC N H Bhagwati and P N Bhagwati, who went on to become CJI.&lt;br /&gt;
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=Judges' differences with the Chief Justice=&lt;br /&gt;
==2018, Jan: Four SC judges’ press conference==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/shock-sc-judges-press-conference-let-nation-decide-about-cjis-impeachment/articleshow/62471142.cms      Supreme Court judges' press conference: 'Let nation decide about CJI's impeachment' | Jan 12, 2018  | TIMESOFINDIA.COM]&lt;br /&gt;
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[[File: Some brief profiles of Justice Dipak Misra, Justice Chelameswar, Justice Ranjan Gogoi, Justice Kurian Joseph and Justice Madan B Lokur.jpg|Some brief profiles of Justice Dipak Misra, Justice Chelameswar, Justice Ranjan Gogoi, Justice Kurian Joseph and Justice Madan B Lokur &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01417&amp;amp;sk=983FB026&amp;amp;mode=text  January 13, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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[[File: 2018 Jan- WHAT THE JUDGES' LETTER to the CJI SAID.jpg|2018 Jan- WHAT THE JUDGES' LETTER to the CJI SAID;  &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01404&amp;amp;sk=1CD28F5D&amp;amp;mode=text  January 13, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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NEW DELHI: In an unprecedented move, four senior Supreme Court judges today called a press conference to express their displeasure with the Chief Justice of India (CJI) Dipak Mishra and with the way he was assigning cases.&lt;br /&gt;
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''' Highlights ''' &lt;br /&gt;
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*The four judges' letter to the CJI [in Nov 2017] airing their grievance about selective assigning of important cases&lt;br /&gt;
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*&amp;quot;The CJI is only the first among equals nothing more and nothing less&amp;quot;, they said&lt;br /&gt;
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*The judges acknowledged that what they were doing - in calling a press conference - was highly unusual&lt;br /&gt;
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The four judges+ ' wrote a letter to the CJI two months ago, airing their grievances about selective assigning of important cases to judges who are junior to them. They also said they have issues with the assignment of the case to do with the mysterious death of Justice BH Loya, who was hearing the Sohrabuddin fake encounter case.&lt;br /&gt;
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&amp;quot;The convention of recognising that CJI is the master of roster and assigns cases to different benches is for disciplined and efficient transaction of court business and not a recognition of superior authority,&amp;quot; they said in the letter.&lt;br /&gt;
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&amp;quot;The CJI is only the first among equals nothing more and nothing less&amp;quot;, they added.&lt;br /&gt;
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The judges were Justice Chelameswar, Justice Gogoi, Justice Lokur and Justice Kurian Joseph. They said they are speaking out because &amp;quot;democracy will not survive if the judiciary is not impartial&amp;quot;. [These four honourable judges ranked at nos.1, 2, 3 and 4 among  the 24 [[Supreme Court: India: Sitting judges ]], not counting the Hon. Chief Justice of India, who obviously was senior to them all.]&lt;br /&gt;
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The judges said they were annoyed that the medical college admissions scam was sent to court no 7 after a Justice Chelameswar headed bench sent it to a five-judge bench of himself, the CJI and Justices Gogoi, Lokur and Joseph.&lt;br /&gt;
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They also said they wanted to highlight unspecified irregularities in the judiciary and to say that the CJI Mishra isn't doing anything to remedy the situation, despite the letter they wrote him some months ago.&lt;br /&gt;
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When the Justices were asked if the issues were to do with the Collegium as well, they didn't confirm or deny it. When asked if CJI Mishra should be removed, one of them said, &amp;quot;Let the nation decide on his impeachment.&amp;quot;&lt;br /&gt;
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They said they sent the CJI the letter but didn't hear back, and then they met him again this morning, to no avail.&lt;br /&gt;
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&amp;quot;We collectively tried to persuade the CJI that certain things aren't in order so take remedial measures but unfortunately our efforts failed,&amp;quot; said Justice Chelameswar.&lt;br /&gt;
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The four judges said many &amp;quot;undesirable&amp;quot; things have occurred in the judiciary lately.&lt;br /&gt;
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&amp;quot;The administration of the SC is not in order and many things which are less than desirable have happened in last few months,&amp;quot; said Justice Chelameswar.&lt;br /&gt;
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A few minutes before the press conference, the SC said, separately, that the &amp;quot;mysterious death of Justice BH Loya is a serious issue&amp;quot;. They asked the Maharashtra government to present all documents to do with his death to the court on Monday. Justice Loya was hearing the Sohrabuddin fake encounter case and died under mysterious circumstances.&lt;br /&gt;
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The judges also had a grievance that the PIL seeking a probe into Justice Loya's death was assigned to court no. 10 and not to any of the first four benches other than CJI-led bench.&lt;br /&gt;
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The judges acknowledged that what they were doing - in calling a press conference - was highly unusual.&lt;br /&gt;
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===The events of that day===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F14&amp;amp;entity=Ar00903&amp;amp;sk=C743DE97&amp;amp;mode=text  Dhananjay Mahapatra, Judges’ presser sharpened double-edged swords wielded by activist lawyers, January 14, 2019: ''The Times of India'']&lt;br /&gt;
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It was Friday, January 12, 2018. Fridays in Supreme Court are busy days. But four seniormost judges wound up judicial work in 45 minutes. The SC corridor was agog with rumours about an impending unprecedented press conference by them. Journalists rushed to Justice Jasti Chelameswar’s official residence. History was made. The rumours came true. The judges cornered then CJI Dipak Misra.&lt;br /&gt;
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But Justice Chelameswar donned a worried look, his gaze fixed at the entrance of his residential bungalow. Explaining the worry lines on his forehead, he had said, “If the three johnnies don’t come, I will be in a soup as I had put my neck out.” The three — Justices Ranjan Gogoi, Madan B Lokur and Kurian Joseph — trooped in a little later. Justice Chelameswar sported a smile of relief.&lt;br /&gt;
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We all know what happened later — how an activist lawyer attended the presser, was stopped from asking questions by journalists and was closeted with Justice Chelameswar immediately after the press conference. How a Left leader went to meet Justice Chelameswar, how the presser was used to exert pressure on the then CJI by politician-lawyers to defer adjudication of Ayodhya case and how it became a ground for moving an unprecedented removal motion by Congress against the then CJI in Parliament.&lt;br /&gt;
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The presser further unnerved CJI Misra, who was on the back foot since November 2017 when Justice Chelameswar attempted to snatch the CJI’s power as ‘master of roster’ by setting up a fivejudge bench to hear a petition by ‘forum hunting’ activist-lawyers seeking a probe into the CJI’s alleged role in the medical college admission scam.&lt;br /&gt;
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CJI Misra had to hurriedly set up a five-judge bench to annul Justice Chelameswar’s order and reiterate the CJI’s sole prerogative in assigning a case to a particular bench and determining the number of judges on the bench. The CJI was damned by both the rebel judges and the activist-lawyers for allocating cases of national importance arbitrarily to select benches of “junior” judges perceived to have political leanings.&lt;br /&gt;
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Less than a year later, CJI Ranjan Gogoi notified a five-judge constitution bench to adjudicate the Ayodhya land dispute case. It surprised many as a three-judge bench on September 27 had rejected a demand for its reference to a five-judge bench and ruled that a three-judge bench would decide it.&lt;br /&gt;
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CJI Gogoi explained that he used his plenary powers under Order VI Rule 1 of Supreme Court Rules, 2013, to set up the five-judge bench. On wonders why the same rule was not the saviour for CJI Misra when he set up a five-judge bench for reiteration of the CJI’s prerogative in allocating cases to a bench and its numerical strength. While CJI Mishra was damned, the Muslim parties hailed CJI Gogoi saying “this is how a CJI must act”. If a CJI’s orders are favourable, activist-lawyers waste no time in crowning him as the most independent judge on earth.&lt;br /&gt;
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Allocation of petitions seeking probe into alleged suspicious death of judicial officer B H Loya to a bench headed by Justice Arun Mishra had triggered the January 12 presser. Justice Mishra recused. A&lt;br /&gt;
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three-judge bench led by CJI Misra heard the case and dismissed the petitions. They drew a lot of flak. The activist-lawyers missed no words in the dictionary to berate the then CJI.&lt;br /&gt;
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For any CJI, the SC is a pitch of quicksand prepared by activist-politician lawyers. The moment a judge gets into the post of CJI, these lawyers miss no opportunity to attempt to push him on the back foot to make sure the SC entertains their PILs, genuine as well as tainted, which give them immense clout in social, political and bureaucratic circles.&lt;br /&gt;
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A cornered CJI Misra reacted on expected lines and entertained a huge number of PILs. But CJI Gogoi is not one to be pushed on the back foot. When the CBI vs CBI PIL, followed by another on the Rafale aircraft deal, came up before him, he earned the ire of the same group of lawyers for the manner in which he surgically heard the cases without permitting lengthy arguments. Immediately, they turned against him.&lt;br /&gt;
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Even before the judgments were delivered, the activist-politician lawyers were at their usual work — spreading the word in the corridors and social media that CJI Gogoi would dismiss both petitions and that he was worse than CJI Misra. These lawyers have already started digging into the past to find some link to brand CJI Gogoi as close to the government. Such is the danger for a CJI.&lt;br /&gt;
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After his retirement, Justice Chelameswar had boasted that he had strived for transparency and objectivity in the collegium process for selection of judges to the SC and HCs. When he was part of the collegium, Justice Chelameswar had taken advantage of the then CJI’s proposal to abruptly change an earlier recommendation — a Karnataka HC judge’s transfer to Bombay HC was to be annulled and he was to be sent to Allahabad HC.&lt;br /&gt;
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Justice Chelameswar agreed, but with a quid pro quo — transfer a Kerala HC judge to Andhra Pradesh HC even though he knew that the HC judge, prior to his appointment, had given an affidavit to the SC to never press for his transfer back to AP HC. The CJI had to agree. But the Union government refused to act on this recommendation.&lt;br /&gt;
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The CJI Gogoi-headed collegium has now recommended transfer of that Kerala HC judge to Bombay HC, superseding its earlier recommendation. What is the status of transparency and objectivity, both then and now, which the judges’ press conference had pressed for?&lt;br /&gt;
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In SP Gupta case [1981 (sup) 1 SCC 87], described as the first judges’ case, the SC had said, “Unfortunately, it is the easiest thing to make false, reckless and irresponsible allegations against judges in regard to their honesty and integrity and in recent times, the tendency has grown to make such allegations against judges because they have decided the case in a particular manner, either against a dissatisfied litigant or contrary to the view held by a group or, section of politicians or lawyers or members of public.”&lt;br /&gt;
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How true today after nearly 40 years! When Justice Gogoi took umbrage to the Loya case allocation during the presser, activist-politician lawyers hailed him as the epitome of honesty, integrity, independence and fearlessness. In less than a year, the same lawyers have turned against him merely because he refuses to be cowed down by their tactics and continues to decide cases on merit, with or without meeting their expectations. Such is the life of a CJI, very lonely and unnerving.&lt;br /&gt;
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=== A look at their career track and antecedents ===&lt;br /&gt;
[https://www.indiatoday.in/magazine/the-big-story/story/20180129-supreme-court-rebel-judges-cji-dipak-mishra-1148761-2018-01-19 Damayanti Datta , Brothers at war “ India Today” 29/1/2018]&lt;br /&gt;
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''' See graphic '''&lt;br /&gt;
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[[File: Brothers at war .jpg| Brothers at war [https://www.indiatoday.in/magazine/the-big-story/story/20180129-supreme-court-rebel-judges-cji-dipak-mishra-1148761-2018-01-19 .&amp;lt;br/&amp;gt; “ India Today”]|frame|500px]]&lt;br /&gt;
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==The Five main issues that annoyed the Hon Judges==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/senior-sc-judges-press-conference-five-main-issues-that-annoyed-them/articleshow/62472066.cms     Senior SC judges' press conference: Five main issues that annoyed them | Jan 12, 2018|TIMESOFINDIA.COM]&lt;br /&gt;
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The four senior Supreme Court (SC) judges who called an unprecedented press conference today had grievances to do with the assignment of cases and how the Chief Justice of India Dipak Mishra was handling it. Here are the 5 main issues that annoyed them:&lt;br /&gt;
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1) The four senior judges+ believe that all important cases get heard by CJI-led bench and do not get distributed to other senior judges heading benches.&lt;br /&gt;
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2) The four judges also said there have been instances where cases that have far-reaching consequences for the nation and the judiciary were assigned by the Chief Justice selectively - to benches of their preference - and not based on rationality. &amp;quot;This must be guarded against at all costs,&amp;quot; said the 4 senior SC judges.&lt;br /&gt;
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3) Specifically, the Four judges were annoyed that a public interest litigation seeking a probe into Judge B M Loya's &amp;quot;mysterious&amp;quot; death was assigned to court no. 10 and not to any of the first four benches other than the CJI-led bench.&lt;br /&gt;
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4) The judges further had a simmering grievance about the medical college admissions scam being sent to court no 7 after a Justice Chelameswar headed bench sent it to a five-judge bench of himself, the CJI, himself, and Justices Gogoi, Lokur and Joseph. The medical college admissions scam is to do with the role of sitting and retired judges of high courts in enabling private medical colleges admit students to MBBS courses despite the apex court's order to the contrary.&lt;br /&gt;
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5) The four judges also said that it was wrong on part of CJI to head a small bench and deal with the memorandum of procedure when it was earlier heard by a five-judge bench.&lt;br /&gt;
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===They felt the ‘CJI was being remote-controlled’ ===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F03&amp;amp;entity=Ar00127&amp;amp;sk=4F4A6C0F&amp;amp;mode=text  Dhananjay Mahapatra, December 3, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: &amp;quot;Presser was Justice Chelameswar's idea&amp;quot;.jpg|&amp;quot;Presser was Justice Chelameswar's idea&amp;quot; &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F03&amp;amp;entity=Ar00127&amp;amp;sk=4F4A6C0F&amp;amp;mode=text  Dhananjay Mahapatra, December 3, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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'' ‘Judges With Perceived Bias Given Cases’ ''&lt;br /&gt;
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In a stunning claim, retired Supreme Court judge Kurian Joseph said he and three other most senior SC judges held their muchdiscussed press conference on January 12 as they felt that then CJI Dipak Misra was being controlled from outside and was allocating cases to judges with political bias.&lt;br /&gt;
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In an exclusive interview to TOI, Justice Joseph narrated in detail the turbulent times in the apex court, leading to the unprecedented press conference by him with three most senior judges — Justices Jasti Chelameswar, Ranjan Gogoi and Madan B Lokur. Asked what went wrong within four months of Justice Misra taking over as CJI, Justice Joseph said, “There were several instances of external influences on the working of the Supreme Court relating to allocation of cases to benches headed by select judges and appointment of judges to the Supreme Court and high courts.&lt;br /&gt;
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===’Held presser after all attempts failed’===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F12%2F03&amp;amp;entity=Ar01104&amp;amp;sk=92F63973&amp;amp;mode=text  Dhananjay Mahapatra, December 3, 2018: ''The Times of India'']&lt;br /&gt;
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“Someone from outside was controlling the CJI (Dipak Misra), that is what we felt. So we met him, asked him, wrote to him to maintain independence and majesty of the Supreme Court. When all attempts failed, we decided to hold a press conference,” former Supreme Court judge Kurian Joseph told TOI in an exclusive interview.&lt;br /&gt;
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Asked to elaborate on the “external influence”, Justice Joseph said, “Starkly perceptible signs of influence with regard to allocation of cases to different benches selectively, to select judges who were perceived to be politically biased.”&lt;br /&gt;
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Asked whether it was a unanimous decision to go for the press conference, he said, “Justice Chelameswar was the initiator of the idea of press conference. But we three agreed with him.”&lt;br /&gt;
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At the headline-hogging Press conference, the rebel judges questioned the functioning of then CJI Misra, including allocation of hearing of a petition seeking probe into the alleged suspicious death of judicial officer B H Loya to a bench headed by Justice Arun Mishra, who later recused from the case after a showdown with Justice Chelameswar at the routine morning meeting of SC judges on January 13.&lt;br /&gt;
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The presser and allegations of the then CJI getting cosy with the establishment were cited as grounds in the motion moved by Congressled opposition parties in the Rajya Sabha seeking Justice Misra’s removal. The notice for the motion was rejected by Rajya Sabha chairman M Venkaiah Naidu for lack of any convincing grounds.&lt;br /&gt;
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Born in a family with modest means, Justice Joseph persevered to rise in his profession, reaching the number three spot in the SC. His father was a clerk in the Kerala high court, where he started his practice in 1979 at the age of 26. He was appointed additional advocate general of Kerala in 1994 and was designated a senior advocate in 1996.&lt;br /&gt;
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“It was a proud moment for me when I took oath as a judge of the Kerala HC in 2000, the HC where my father had worked as a clerk. His meagre income was insufficient to run a large household comprising seven children. I used to go to school barefoot and got my first slippers when I was in Class 7,” he said.&lt;br /&gt;
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A deeply spiritual person, Justice Joseph believes that dispensing justice is a constitutional duty where compassion holds the balance. In his tenure of five years and eight months, he disposed of 8,612 cases and wrote over 1,000 detailed judgments.&lt;br /&gt;
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His prayer before deciding cases would humble the most knowledgeable, “I always had the same prayer on my lips when I heard a case: ‘God, let justice not be denied to a deserving person only because of my lack of knowledge or inadequate preparation on my part. And give me wisdom to discern justice in the case’.” Justice Joseph said he read each and every case file and his law clerks were utilised only for research purposes.&lt;br /&gt;
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==Allahabad HC, Devi Dayal case, 1959: CJ’s right to assign cases==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F22&amp;amp;entity=Ar02105&amp;amp;sk=8E903F63&amp;amp;mode=text  Dhananjay Mahapatra, SC may see transparency, but judiciary will pay price for presser, January 22, 2018: ''The Times of India'']&lt;br /&gt;
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No greater damage can be caused to the administration of justice and to the confidence of people in judicial institutions when judges of the higher courts publicly express lack of faith in the subordinate judges,” the Supreme Court had said more than two decades ago in Braj Kishore Thakur case [1997 (4) SCC 65]. The SC was commenting at the diatribe of an HC judge that a certain trial court judge did not have proper knowledge of law.&lt;br /&gt;
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Imagine the catastrophic damage to people’s faith in judiciary and administration of justice when four seniormost judges of the SC in a coup-like fashion engineered a tweet inviting the media to a certain judge’s residence, slipped out of the SC at noon on a busy Friday and stunned the world by holding a press conference expressing no confidence in the fairness of the Chief Justice of India in assigning sensitive cases of national importance. They alleged that these always went to hand-picked benches headed by junior judges. At the same time, they acknowledge that all judges in the SC were equal, hence no seniorjunior divide.&lt;br /&gt;
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Since 1950, various constitutional courts have frowned at litigants, lawyers and judges attempting to assign cases to a particular judge or bench. The Allahabad HC in Devi Dayal case [AIR 1959 Allahabad 421] had said, “It is only the chief justice who has the right and the power to decide which judge is to sit alone and which cases such judge can decide; further, it is again for the CJ to determine which judges shall constitute a division bench and what work those benches will do... It is for the CJ to allot work to judges and judges can do only such work as is allotted to them.” It went on to say that an order passed by a judge or a bench in a case would not be appropriate if that case had not been assigned to that judge or bench by the chief justice.&lt;br /&gt;
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The Allahabad HC ruling has been the signature tune of higher courts for the last six decades. In Narayan Shamrao Puranik case [AIR 1982 SC 1198], the SC had said, “The chief justice is the master of the roster. He has full power, authority and jurisdiction in the matter of allocation of business of the HC.” The CJ had this power not only as per rules but it “inheres in him in the very nature of things”.&lt;br /&gt;
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A full bench of Madras HC in 1991 in Mayavaram Financial Corporation Ltd had said, “The chief justice has the inherent power to allocate the judicial business of the high court including who of the judges should sit alone and who should constitute the bench of two or more judges. No litigant shall have a right to question jurisdiction of judges or the judge hearing the case. No person can claim as a matter of right that his petition be heard by a single judge or a division bench or a particular judge or a particular division bench. No judge or bench will assume jurisdiction unless the case is allotted to them under the orders of the CJ.”&lt;br /&gt;
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So, is the CJI’s decision to assign petitions on CBI special judge B H Loya’s death to a bench headed by a junior judge the real trigger for the unprecedented press conference? Or, was there more to it than meets the eye? Was the rebellion fuelled by personal ambitions of a certain someone? Or were there lawyerpoliticians who conspired to scuttle the exclusive prerogative of the CJI in assigning cases? Could it also be because the CJI appeared to expedite hearing in a seven year-old appeal in a certain 70-year-old ‘sensitive’ litigation brushing aside feverish and persistent pleas of lawyer-politicians to post it to July 2019? Did certain lawyers act as catalysts for the eruption in the press conference? Why did a lawyer who represents a petitioner in the Loya case attend the press conference and get closeted with the judge at whose house the presser was held? It is hard to lift the veil on the real cause behind the press conference.&lt;br /&gt;
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Sitting atop a pyramidal three-tier justice delivery system, the SC has been serving as the final arbiter of all kinds of disputes — political, social, economic and personal. By the very nature of judicial decisions, most often only one party to the dispute emerges victorious in a litigation. With stakes running high in cases, especially in commercial and public interest litigations which with time have become more and more political interest litigations, the lawyers seek an escape route for their failure in the SC by pushing the blame at ‘bad assigning’ of the case.&lt;br /&gt;
&lt;br /&gt;
In the age of free speech, dissent and accusations spread faster than plague on social networks. If one praises a certain judge, he will be branded a stooge and social media will register hundreds of likes from people who have no knowledge either about&lt;br /&gt;
&lt;br /&gt;
the person being targeted or the judge. Rumours travel faster than electricity and easily get accepted as ‘fact’ on social media. Take for example, an invitation extended to the media by the NALSA executive chairman, a very senior SC judge, to explain the help it is going to render to lakhs of poor litigants in the hinterland through legal clinics. Despite 24 hours notice, only a few journalists, mostly those who cover the apex court daily, turned up. In contrast, just a tweet went out hinting about the press conference of four senior judges barely half an hour before the event. It attracted swarms of print and electronic media journalists, including eminent ones who seldom cover courts.&lt;br /&gt;
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A seasoned politician would have been surprised by the media response at such short notice.&lt;br /&gt;
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The press conference’s attempt to demolish the unitary command structure of the CJI for assignment of cases appears to herald a coalition era in the SC and possibly would percolate to HCs. In the coalition era on the political front, a government, holding reins of power through a slender majority, was dependent on every single MP. This allowed each MP to have his coterie comprising intellectuals, journalists and activists. Thus, in the coalition era, a lot of people were happy as it served their personal ambitions and interests. In a single party government, there is a drastic reduction in the number of key MPs, which in turn shrinks the population of those thriving on patronage in these three tribes.&lt;br /&gt;
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Is judiciary going to see a similar coalition era after the press conference, when not only judges but lawyers, especially the activists and the brazenly belligerent ones, will have a say in deciding which judge should hear which case? Though the press conference might just be the bitter dose required for ushering in transparency in assigning of cases to benches, it has set a precedent for other judges.&lt;br /&gt;
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They now have the licence to hold a press conference whenever they feel the CJI, an HC CJ or any judge is doing anything wrong, even on a wrong perception.&lt;br /&gt;
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The press conference’s attempt to demolish the unitary command structure of the Chief Justice of India for the assignment of cases appears to herald a coalition era in the apex court and possibly would percolate to the high courts&lt;br /&gt;
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==Retired judges', AG's and lawyers' reactions==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/turmoil-in-supreme-court-top-developments/articleshow/62475813.cms     Turmoil in Supreme Court: Top developments|   Jan 12, 2018 | TIMESOFINDIA.COM]&lt;br /&gt;
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In what could be seen as possible damage control, ''' Attorney General ''' KK Venugopal hinted to ANI that the turmoil could be resolved by [the next day], even as he stressed that the press conference &amp;quot;could have been avoided.&amp;quot;&lt;br /&gt;
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&amp;quot;Today's press conference could have been avoided, but the Supreme Court judges are all statesman with vast experience and knowledge, and I am sure by tomorrow, the entire issue would be &lt;br /&gt;
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Sources in the government told news agency PTI that the conflict was an &amp;quot;internal&amp;quot; matter of the judiciary. This may reflect the ''' government's reluctance to interfere ''' &lt;br /&gt;
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Government sources, however, added that the apex court should settle the issue at the earliest as the faith of the people in the judiciary is at stake&lt;br /&gt;
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[http://www.indpaedia.com/ind/index.php/Supreme_Court:_India#.E2.80.98The_integrity_of_the_institution.E2.80.99    Supreme Court judges' press conference: Other judges' and lawyers' reactions | Jan 12, 2018 | TIMESOFINDIA.COM]&lt;br /&gt;
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Highlights&lt;br /&gt;
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Four senior Supreme Court (SC) judges today called an unprecedented press conference today acknowledged that what they were doing - in speaking to the media - was highly unusual. &amp;quot;This is an extraordinary event and it is with no pleasure we are doing this...We are left with no choice but to address the nation,&amp;quot; said Justice Chelameswar. Here is what other lawyers and some former SC lawyers have to say about that:&lt;br /&gt;
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* PB Sawant, former Supreme Court judge: Judges had to come before media &amp;amp; take this unprecedented step. This means that there is a serious dispute, either with CJI or some internal dispute.&lt;br /&gt;
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* Justice R.S. Sodhi: Issues don't matter. It is their complaint on administrative matter. They are only 4, there are 23 others. 4 get together and show the Chief Justice in a poor light. It is immature and childish behaviour. I think all 4 judges should be impeached, they have no business to sit there and deliver verdicts anymore.&lt;br /&gt;
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*Mukul Mudgal, retired high court judge: There must be some serious reason that they were left with no other option but to hold a press conference. But what connection does Loya have with this? I know nothing about this and I don't want to make comments about any political matter&lt;br /&gt;
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* Indira Jaising, Supreme Court advocate: I think it's a historic Press Conference. It was very well done. I think we, the people of India, have a right to know what is going on within the judiciary and I welcome this.&lt;br /&gt;
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* Salman Khurshid, senior advocate and Congress leader: Deeply sad and pained, also feel a sense of agony that the highest court of the land should come under such severe stress that forces judges to address the media.&lt;br /&gt;
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* Prashant Bhushan, lawyer and politician: It is certainly a very serious development which has cast a huge shadow on the Chief Justice. Somebody had to confront the situation, where CJI is blatantly misusing his powers, hence the unprecedented step (by the 4 judges).&lt;br /&gt;
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*Senior lawyer KTS Tulsi: I am sure they (four judges) have exhausted all other remedies. One could see pain on their faces while they were speaking. The whole matter is with respect to judicial propriety. The question is of natural justice. Whatever is the law for common man, it is applied much more rigorously as far as judges are concerned because they must always be above suspicion&lt;br /&gt;
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* BJP MP Subramanian Swamy: We can't criticize them, they are men of great integrity and have sacrificed a lot of their legal career, where they could've made money as senior counsels. We must respect them. The PM must ensure that the 4 judges and the CJI, in fact, the whole SC come to one opinion and proceed further.&lt;br /&gt;
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&lt;br /&gt;
(With inputs from agencies)&lt;br /&gt;
&lt;br /&gt;
== Lawyer-politicians fanned the flames==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F03%2F05&amp;amp;entity=Ar01100&amp;amp;sk=3A9E7559&amp;amp;mode=text  Dhananjay Mahapatra, Lawyer-politicians ran with hares and hunted with the hounds after Jan 12 presser, March 5, 2018: ''The Times of India'']&lt;br /&gt;
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The unprecedented press conference by four seniormost Supreme Court judges on January 12 shattered the calm exterior of the judiciary. Most of the four wanted to “discharge their debt to the nation” by informing the public about the “anomalous” administrative decisions of the Chief Justice of India.&lt;br /&gt;
&lt;br /&gt;
They were naive to assume that their going public would force a course correction in the CJI’s administrative decisions, which included assigning of cases to benches headed by “junior” judges. After watching the unfolding events from close quarters, one is sure they would not have imagined that a simple “debt discharging” press conference would inflict a deep wound on judicial independence, invite political interference and, worse, allow lawyer-politicians to adopt a “run with the hare and hunt with the hounds” strategy to attempt to pressurise the CJI.&lt;br /&gt;
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The four judges candidly said that allocation of petitions seeking a probe into judicial officer B H Loya’s death to a “junior SC judge” was the tripping point.&lt;br /&gt;
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In reality, it was the personal perception about handling of the medical scam case, coupled with a judge’s unflagging ambition to achieve the unattainable, which fuelled the rebellion.&lt;br /&gt;
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Lawyer-politicians seized the opportunity and added two more cases — one, sudden activation of a dormant Ayodhya case on the request of BJP leader Subramanian Swamy and second, reopening of 1984 anti-Sikh riot cases by appointment of a committee headed by former Delhi HC judge S N Dhingra — to target the CJI.&lt;br /&gt;
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On the political front, these lawyer-politicians kept the CJI on tenterhooks by strongly lobbying with their party bosses to initiate a motion for the CJI’s removal. In court, they seamlessly slipped into black robes and smilingly argued before the bench seeking relief in politically sensitive cases.&lt;br /&gt;
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The SC had not experienced the machinations of such lawyer-politicians when it said in C Ravichandran Iyer case [1995 (5) SCC 457], “The judges of higher echelons should not be mere men of clay with all the frailties and foibles, human failings and weak character which may be found in those in other walks of life.&lt;br /&gt;
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They should be men of fighting faith with tough fibre not susceptible to any pressure — economic, political or any sort.”&lt;br /&gt;
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It is easy to say that judges must be of tougher material than lawyers, the community from which they are mostly drawn. But a threat to bring removal motion against a judge as a sinister design to make him cower in fear of ignominy has its effect on a man who also lives within society’s bounds.&lt;br /&gt;
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While lawyer-politicians attempted to reap advantage in important cases having political ramifications by attempting to subdue the CJI, the executive too found the fluid situation a fertile ground to undermine judicial independence. Though mercifully it did not interfere in the internal impasse, it definitely took advantage of lack of unity within the collegium to stall appointment of SC and HC judges.&lt;br /&gt;
&lt;br /&gt;
So, what did the press conference achieve? It is doubtful whether the grievance about allocation of cases to “junior” judges has been addressed. But surely, it opened the field for political and executive interference in judiciary? In 1995, two bar associations of Bombay (now Mumbai) passed resolutions demanding resignation of then Chief Justice of Bombay HC A M Bhattacharjee, alleging that an astronomical amount was paid by a foreign publisher to market two books authored by him abroad and that this could influence the CJ’s judicial decisions given the lawyers involved in striking the deal. This issue was brought before the SC by one Ravichandran Iyer. The SC had said that except Parliament dealing with a removal motion, “no other forum or fora or platform is available for discussion of the conduct of a judge in the discharge of his duties as a judge of the SC or HC, much less a bar council or a group of practising advocates. They are prohibited to discuss the conduct of a judge in the discharge of his duties or pass any resolution in that behalf ”.&lt;br /&gt;
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Referring to the “extraordinary complexity of modern litigation”, the SC had in the same judgment said, “The independence of judiciary is not limited only to independence from executive pressure or influence, it is a wider concept which takes within its sweep independence from any other pressure and prejudices. It has many dimensions, viz, fearlessness of other power centres, economic and political, freedom from prejudices acquired and nourished by the class to which the judge belongs.”&lt;br /&gt;
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The SC also talked about judicial individualism. It said every judge in constitutional courts enjoyed individual freedom and peers could not exert pressure to make him act in a charted manner.&lt;br /&gt;
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To buttress this argument, the SC had quoted the dissenting opinion of two US Supreme Court judges in the 1970 case ‘Stephen S Chandler vs Judicial Council of the Tenth Circuit of the US’.&lt;br /&gt;
&lt;br /&gt;
The dissenting judgment said, “Once a federal judge is confirmed by the Senate and takes his oath, he is independent of every other judge. He commonly works with other federal judges who are likewise sovereign. But neither one alone nor any number banded together can act as censor and place sanctions on him... Some judges may be displeasing to those who walk in more measured, conservative steps but those idiosyncrasies can be of no possible constitutional concern to other federal judges.” It is time SC and HC judges took stock of the fallout of the presser and put heads together to devise ways and means to ward off political, executive and economic powers ever so eager to exert influence on the judiciary, undermining the cardinality of judicial independence.&lt;br /&gt;
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==Differences first erupted over medical scam PIL==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/simmering-differences-in-supreme-court-had-first-erupted-over-medical-scam-pil/articleshow/62480997.cms  Dhananjay Mahapatra, January 13, 2018: ''The Times of India'']&lt;br /&gt;
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''Simmering differences in Supreme Court had first erupted over medical scam PIL''&lt;br /&gt;
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NEW DELHI: The closing of ranks in the judiciary, witnessed in the National Judicial Appointments Commission (NJAC) case three years ago when the Supreme Court (SC) revived the collegium system for the selection of judges to constitutional courts, lay in tatters on Friday when the simmering discontent among the top five SC judges burst out in the open. &lt;br /&gt;
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'''How cases are allocated in Supreme Court '''&lt;br /&gt;
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The immediate trigger for the unprecedented press conference by the four most senior judges — Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph — may have been CJI Dipak Misra's refusal to accede to their request to delete the PIL seeking a probe into CBI judge B M Loya's death from the list of business before court number 10 but the discontent over not being assigned important cases that get space in newspapers and TV channels was simmering for a long time, even before Misra took over the top post in August last year. &lt;br /&gt;
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Justice Chelameswar had protested against the manner in which the collegium functioned and even kept away from its meetings while deciding to put written comments on file for the selection of judges of the SC and HCs during the tenure of then CJI T S Thakur and continued with his stand during CJI H S Khehar's term. However, he had joined collegium meetings during CJI Misra's term. &lt;br /&gt;
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'''What the rift in SC is about '''&lt;br /&gt;
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The first of the major differences between Justice Chelameswar and CJI Misra surfaced in public when a PIL filed by the Committee for Judicial Accountability and Reforms alleging judges' involvement in a medical scam was mentioned for urgent hearing before a bench headed by Justice Chelameswar in December last year. Justice Chelameswar put it up for hearing the next day. But, as is the practice in the SC, the petition got referred to the CJI as the master of roster and he assigned it to a bench headed by Justice A K Sikri. &lt;br /&gt;
&lt;br /&gt;
But before the Justice Sikri-led bench could hear it the next day, another petition by advocate Kamini Jaiswal, which was identical to the one filed by the NGO, was mentioned for hearing before the bench headed by Justice Chelameswar with a prayer for urgent hearing. Justice Chelameswar ordered a hearing on the petition at 12.45pm and passed an order placing the petition before a five-judge bench comprising the CJI and the next four most senior judges. &lt;br /&gt;
&lt;br /&gt;
As veiled allegations were made against the CJI, with the petitioner's counsel mentioning the arrest of a former Orissa HC judge by the CBI for allegedly taking a bribe to fix a case relating to a medical college, the petition drew massive attention. The other bench headed by Justice Sikri ordered the matter to be placed before the CJI for hearing before an appropriate bench. &lt;br /&gt;
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With Justice Chelameswar virtually taking over the function of the CJI in assigning the petition to a Constitution bench, the CJI hurriedly convened a seven-judge bench, which, within minutes, got reduced to a five-judge bench, and a decision came swiftly that no judge other than the CJI can assign a petition to a particular bench as the CJI is the master of the roster. It annulled Justice Chelameswar's order and assigned the petition by Jaiswal to a bench of Justices R K Agrawal, Arun Mishra and A M Khanwilkar, who are no. 8, 10 and 17, respectively, in the hierarchy. &lt;br /&gt;
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Privately, the senior judges shared their anguish over the CJI not reposing trust in any of them with important cases. Later, the non-assigning of important cases to them, culminating with the petition on Loya's death, triggered the public outburst.&lt;br /&gt;
&lt;br /&gt;
==Trigger: Denial of senior bench for PIL on Judge Loya’s death==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar00312&amp;amp;sk=E2D6984D&amp;amp;mode=text  Dhananjay Mahapatra, Final trigger: Rejection of demand for senior bench to hear PIL on judge death, January 13, 2018: ''The Times of India'']&lt;br /&gt;
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New Delhi: The final trigger for the stunning press conference by the four seniormost judges of the Supreme Court came at 10.15am on Friday — just 15 minutes before commencement of proceedings — when&lt;br /&gt;
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Chief Justice Dipak Misra bluntly turned down their last-minute request to shift a politically sensitive case from a particular apex court bench.&lt;br /&gt;
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The CJI made it clear that he would not break tradition, backed by a recent five-judge bench decision giving him sole discretion to assign cases to benches of his choice.&lt;br /&gt;
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On Thursday, a CJI-led bench had admitted a public interest litigation (PIL) seeking a probe into the death of B H Loya, who as special CBI judge was hearing the case of gangster Sohrabuddin Sheikh’s “fake” encounter.&lt;br /&gt;
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The four judges — all members of the crucial collegium by virtue of being No. 2 to No. 5 in seniority — thought that a matter of importance to the integrity of the judiciary and to the nation should be assigned to a bench headed by a judge who was more senior than Justice Arun Mishra, who is 10th in the pecking order of the 25 Supreme Court judges.&lt;br /&gt;
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With the CJI refusing to heed the demand, the rebellious quartet hurriedly called the media at noon after quickly completing the day’s work.&lt;br /&gt;
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Loya died in Nagpur on December 1, 2014. The CBI court subsequently acquitted BJP president Amit Shah, who was among the accused, along with a few others.&lt;br /&gt;
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Supreme Court sources said Misra’s decision was backed by the November 2017 verdict saying the CJI was “master of the roster” and was free to assign cases to any bench and determine the number and composition of judges on a bench.&lt;br /&gt;
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Disappointed by the rejection of their request, the four judges told CJI Misra that they would act as they deemed fit. All four, heading separate benches from court numbers 2 to 5, finished their day’s work within one-and-ahalf hours and rushed to Justice Chelameswar’s house for a press conference which started at 12.20 pm.&lt;br /&gt;
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The CJI’s office said the chief justice has made it clear that he would not break with tradition giving him sole discretion to assign cases to benches of his choice.&lt;br /&gt;
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'''CJI’s office uses rebels’ quote, asks if all are equal, what is the fight'''&lt;br /&gt;
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Cases have been assigned by ex-CJIs — Justices H L Dattu, T S Thakur, J S Khehar — as per their discretion and the present CJI is not doing anything that is contrary to the tradition backed by the constitution bench ruling, sources in the CJI’s office said.&lt;br /&gt;
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This assertion by the CJI’s office found reflection in the letter written by the four seniormost judges to the CJI two months ago. It had said: “There have been instances where cases having far-reaching consequences for the nation and the institution had been assigned by the Chief Justices of this Court selectively to the benches ‘of their preference’ without any rationale basis for such assignment. This must be guarded against at all costs”.&lt;br /&gt;
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The letter also said: “The convention of recognising the privilege of the CJI to form roster and assign cases to different members/benches of the SC is a convention devised for disciplined and efficient transaction of business of the court but not a recognition of any superior authority, legal or factual of the CJI over his colleagues. It is too well settled in the jurisprudence of this country that the CJI is only the first among equals — nothing more or nothing less.”&lt;br /&gt;
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The CJI’s office used this quote and said if these most senior judges were equal to the so-called junior judges in the court, then “what is the grievance against a case getting listed before judge X or judge Y?”&lt;br /&gt;
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==‘Super sensitive’ cases that went to junior SC judges: 1997-2017==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F15&amp;amp;entity=Ar00302&amp;amp;sk=9A55AF0D&amp;amp;mode=text  Dhananjay Mahapatra, January 15, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: 1997-2017-  15 ‘super sensitive’ cases that went to junior SC judges.jpg|1997-2017-  15 ‘super sensitive’ cases that went to junior SC judges &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F15&amp;amp;entity=Ar00302&amp;amp;sk=9A55AF0D&amp;amp;mode=text  Dhananjay Mahapatra, January 15, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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'''See graphic''':&lt;br /&gt;
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''1997-2017-  15 ‘super sensitive’ cases that went to junior SC judges''&lt;br /&gt;
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[''15 ‘super sensitive’ cases in past 20 years went to junior SC judges'''&lt;br /&gt;
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The dramatic press conference by the four seniormost Supreme Court judges to allege that sensitive and important cases were being assigned to “select benches” headed by junior SC judges in the last few months — a charge intended to target Chief Justice Dipak Misra — appears contrary to the way in which such cases have been allotted in the past 20 years.&lt;br /&gt;
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TOI tracked the most ‘sensitive cases of national importance’ in the last two decades. Of them, at least 15 — including those relating to the Bofors scam, Rajiv Gandhi’s assassination, L K Advani’s trial in the Babri Masjid demolition case, the Sohrabuddin Sheikh fake encounter, Best Bakery and the case that changed how BCCI is run — all have one thing in common. They were assigned by the then CJIs not to any of the four seniormost judges of the SC but to ‘select benches’ headed by junior judges.&lt;br /&gt;
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There is little evidence to suggest that seniority of judges is a criterion for allocation of cases, as was suggested by the quartet of Justices J Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph in their letter to the CJI. The manner in which successive CJIs have assigned cases points to a more random selection of benches.&lt;br /&gt;
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Though the dissenting judges did not mention particular cases, apart from confirming that the case of Judge B H Loya was one, the view that “less senior” benches are not as competent does not seem to have been shared by past CJIs.&lt;br /&gt;
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'''Rajiv murder case was assigned to three junior Supreme Court judges'''&lt;br /&gt;
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Some legal experts have argued that the argument raised by the senior SC judges casts a shadow over the independence of other benches and this requires some supportive evidence. Other opinion has held that there is merit in the charges of ‘bench fixing’ levelled by the senior judges and requires a response by the CJI who has held that the roster is his domain as has been the case in the past. Those who disagree with the rebel judges point out that the suggestion that an effort to discreetly &amp;quot;help&amp;quot; the government in cases that might embarrass it needs to be backed up or could be seen as a means to pressure benches hearing various cases.&lt;br /&gt;
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The first of the important cases tracked by TOI relates to appeals filed in 1998 by Nalini and others challenging their conviction and death sentence in the Rajiv Gandhi assassination case. At that point of time, it was the most high profile case in the country. But the then CJI assigned it to three junior judges — K T Thomas, D P Wadhawa and S S M Qadri who sat in courts much farther than those headed by the fifth seniormost SC judge. No questions were raised over selection.&lt;br /&gt;
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In 1999, the CBI filed a new chargesheet in the Bofors case, making stunning allegations. NRI industrialist brothers Srichand and Gopichand Hinduja were made accused. The trial court refused bail. When they came to the SC seeking bail, the then CJI assigned it to court number 8, headed by junior judge M B Shah. They got bail by putting Rs 15 crore bonds. This was not regarded as 'bench fixing' by the then CJI.&lt;br /&gt;
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Advocate Lily Thomas filed a writ petition in 2005 seeking disqualification of MPs and MLAs upon their conviction and sentence for two or more years. Elected representatives were used to holding on to their memberships in Parliament and assemblies by filing an appeal. This game changing petition was assigned by the then CJI to court number 9, which was headed by Justice A K Patnaik, then a junior judge.&lt;br /&gt;
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The Best Bakery case came to SC in 2004 through a writ petition filed by Zahira Habibullah Sheikh. The Gujarat riots case, which earned the then Gujarat government the tag of 'modern day Nero', was handled by then junior judge Justice Arijit Pasayat sitting in court number 11.&lt;br /&gt;
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Rubabuddin Sheikh, brother of Sohrabuddin who was killed in a fake encounter, filed a writ petition in 2007. The case, which turned out to be politically crucial for Amit Shah and Gujarat police, was assigned to a bench sitting in court number 11 headed by Justice Tarun Chatterjee, one of the junior most SC judges at that time. Orders from the court created trouble for BJP and its leadership in Gujarat and did not attract any comment from activist lawyers about possible 'bench fixing'.&lt;br /&gt;
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In 2009, renowned advocate Ram Jethmalani launched a crusade against black money by filing a petition in the SC. The case, which became an election issue in 2014, was handled by court number 9 and by a bench of then 'junior judges' Justices B Sudershan Reddy and S S Nijjar. A year later in 2010, an NGO led by advocate Prashant Bhushan brought the case relating to alleged irregular allotment of 2G spectrum and the then CJI assigned it to court number 11 of Justices G S Singhvi and A K Ganguly. No one can fault the way they handled the case despite being juniors.&lt;br /&gt;
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The same year, the Delhi HC gave a landmark judgment decriminalising consensual sexual relationship in private between adults of LGBTQ community. The appeal by one Suresh Kumar Kaushal in the SC was assigned by to court number 11where a bench headed by Justice G S Singhvi heard it for the first time.&lt;br /&gt;
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In 2011, the CBI filed an appeal, after much dithering, questioning the Allahabad HC decision to drop conspiracy charge against L K Advani and a host of BJP stalwarts in the Babri masji demolition case. In March 4, 2011, the case was heard in court 8 by a bench of Justices V S Sirpurkar and T S Thakur. The bench changed to Justices H L Dattu and Chandramauli Prasad in court 11, then to court number 9 of Justices M Y Eqbal and Arun Mishra in 2016. It passed on to court number 6 of Justices P C Ghose and R F Nariman which gave judgment on April 19 last year reviving the conspiracy charge.&lt;br /&gt;
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In 2012, four explosive PILs were filed — irregular allotment of coal blocks that came close to singe then PM Manmohan Singh, validity of Aadhaar, validity of 66A of Information Technology Act and an alleged sexual assault case against Rahul Gandhi. The coal scam petition by advocate M L Sharma was assigned to a bench headed by Justice R M Lodha sitting in court number 7.&lt;br /&gt;
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The petition challenging the validity of Aadhaar was the only exception to the general rule as it was assigned to court number 5, headed by Justice B S Chauhan. Still the judges with seniority at two, three and four could harbour a grievance why it was not assigned to them by the CJI.&lt;br /&gt;
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An appeal filed by one Kishore Samrite presented a judgment passed by Allahabad HC, which had dismissed Samrite's petition with a cost of Rs 50 lakh, of which Rs 20 lakh was to be given to Rahul Gandhi. The then CJI assigned this to a bench of Justices V S Sirpurkar and T S Thakur in court number 8 and then changed the bench to Justices B S Chauhan and Swatanter Kumar, which dismissed it with a cost of Rs 5 lakh on Samrite.&lt;br /&gt;
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==Seniority is a sacred principle for judges==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01400&amp;amp;sk=6135F966&amp;amp;mode=text  Dhananjay Mahapatra, January 13, 2018: ''The Times of India'']&lt;br /&gt;
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[[File: The numbering and organisation of the Supreme Court of India’s (upto) twelve counts, and the allotment of work to them.jpg|The numbering and organisation of the Supreme Court of India’s (upto) twelve counts, and the allotment of work to them &amp;lt;br/&amp;gt; From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F13&amp;amp;entity=Ar01400&amp;amp;sk=6135F966&amp;amp;mode=text  Dhananjay Mahapatra, January 13, 2018: ''The Times of India'']|frame|500px]]&lt;br /&gt;
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New Delhi: Seniority is a sensitive issue for high court judges — being the determinant of their career prospects, be it possible appointment as chief justice of an HC, elevation to the Supreme Court and, for the lucky ones, appointment as Chief Justice of India.&lt;br /&gt;
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Though there have been many instances in the past when HC judges were elevated directly to the SC as judges without becoming chief justices of HCs, the principle of seniority continues to be treated with utmost reverence.&lt;br /&gt;
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A judge in the SC gets seniority from the time he takes oath. If more than one take oath on the same day, the one who is sworn in first becomes the senior among them.&lt;br /&gt;
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In case of Justice Jasti Chelameswar, one of the prime movers in the revolt against CJI Dipak Misra on Friday, it was non-adherence to seniority in elevation to the SC as a judge that robbed him of the chance of becoming the CJI.&lt;br /&gt;
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Justice Chelameswar was appointed as an HC judge on June 23, 1997, which was after the appointment of CJI Misra and his immediate predecessor Justice J S Khehar. Justice Misra was appointed as an HC judge on January 17, 1996 while Justice Khehar was appointed on February 8, 1999. But Justice Chelameswar became chief justice of Gauhati HC on May 3, 2007, much before Justice Khehar (November 29, 2009) and Justice Misra (December 23, 2009).&lt;br /&gt;
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However, Justice Chelameswar’s seniority advantage of more than two years over Justices Khehar and Misra was nullified by the then collegium, which appointed Justice Khehar as an SC judge on September 13, 2011, nearly a month before Justices Misra and Chelameswar took oath on October 10, 2011.&lt;br /&gt;
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Fate again played played a trick with Justice Chelameswar as he took oath after Justice Misra, the latter, thus, becoming senior to him.&lt;br /&gt;
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If seniority had taken its course, Justice Chelameswar would have taken over CJI on January 4, 2017 after the retirement of then CJI T S Thakur; ie, before even Justice Khehar, who was succeeded by Justice Misra on August 28, 2017.&lt;br /&gt;
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With the collegium, along with destiny, deciding otherwise, Justice Chelameswar has never refrained from articulating his gripe about the games played in the collegium as it selects people as judges of the SC and HCs. He had put this angst on record in his dissenting judgment as part of the five-judge bench, which by majority had quashed the NJAC which was meant to end collegium’s monopoly in the appointment of judges of HCs and SC .&lt;br /&gt;
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Quoting former SC judge Ruma Pal Justice Chelameswar had said that the collegium acted like a coterie, and that there was a barter system among member judges.&lt;br /&gt;
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Seniority carries other benefits too, especially the privilege of appointing judges of the SC and HCs. The first three SC judges, including the CJI, get to select persons for appointment as judges of HCs. The privilege of appointing chief justices belongs to the five seniormost judges who comprise the collegium. The CJIheaded body also selects persons from among advocates, HC judges and HC CJs for appointment as SC judges. This earns the top five enormous respect among advocates and HC judges.&lt;br /&gt;
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=Judges’, including CJI’s, inter se seniority, authority=&lt;br /&gt;
==2018: ‘No Senior/ Junior Judges; CJI ‘ first among equals’, s/he alone can assign cases==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F04%2F12&amp;amp;entity=Ar00300&amp;amp;sk=59D30F83&amp;amp;mode=text  Dhananjay Mahapatra, SC: CJI ‘ first among equals’, alone entitled to assign cases, April 12, 2018: ''The Times of India'']&lt;br /&gt;
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''No Senior Or Junior Judges, Top Court Says''&lt;br /&gt;
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The Supreme Court ruled that there was no concept of “senior” or “junior” SC judges as all were equally competent to decide any case allotted to them by the Chief Justice of India, who alone had the power to constitute benches and assign cases.&lt;br /&gt;
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Dismissing a PIL filed by advocate Ashok Pande demanding that the CJI-headed three-judge bench must have the two other most senior judges on it, a bench of CJI Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said it was unimpeachably ruled earlier by a fivejudge bench that the CJI was the master of the roster and had the sole discretion of deciding the composition of benches and assigning cases.&lt;br /&gt;
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At an unprecedented press conference on January 12, four senior judges led by Justice J Chelameswar had specifically complained against the allocation of a petition relating to judicial officer B H Loya’s death to a bench headed by a “junior” judge while questioning the CJI’s alleged arbitrary allocation of important cases to benches headed by “select junior” judges.&lt;br /&gt;
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Writing the unanimous judgment that appeared to be a point-by-point rebuttal to the judges’ grievances aired in the press conference and Justice Chelameswar’s subsequent interaction with the media, Justice Chandrachud said the Chief Justice of India was the first among equals (judges) and had “exclusive prerogative in the allocation of cases and the constitution of benches”. He added, “As a repository of constitutional trust, the CJI is an institution in himself.”&lt;br /&gt;
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'''Chief justices of HCs to decide allocation of cases: SC'''&lt;br /&gt;
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Justice Chandrachud said: “The authority which is conferred upon the CJI, it must be remembered, is vested in a high constitutional functionary. The authority is entrusted to the CJI because such an entrustment of functions is necessary for the efficient transaction of the administrative and judicial work of the SC.”&lt;br /&gt;
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“The entrustment of functions to the CJI as the head of the institution is with the purpose of securing the position of the SC as an independent safeguard for the preservation of personal liberty. There cannot be a presumption of mistrust. The oath of office demands nothing less.”&lt;br /&gt;
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Slamming the petitioner’s attempt to classify Supreme Court judges as “senior” and “junior” according to the date of their taking oath in the apex court, Justice Chandrachud said, “Every judge appointed to the SC is invested with equal duty of adjudicating cases which come to the court and are assigned by the CJI. Seniority in terms of appointment has no bearing on which cases a judge should hear.&lt;br /&gt;
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“To suggest that any judge would be more capable of deciding particular cases or that certain categories of cases should be assigned only to the senior-most among SC judges has no foundation in principle or precedent. To hold otherwise would be to cast reflection on the competence and ability of other judges to deal with all cases assigned by the CJI, notwithstanding the fact that they have fulfilled the qualification mandated by the Constitution for appointment to the office.”&lt;br /&gt;
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Another PIL by senior advocate and former law minister Shanti Bhushan, filed through his advocate-son Prashant Bhushan, which sought assigning of cases to the collegium comprising the CJI and the four most senior judges, is pending with the SC. The three-judge bench said, “The Supreme Court has been authorised under Article 145 to frame Rules of Procedure...the petitioner is not entitled to seek a direction that benches of this court should be constituted in a particular manner.”&lt;br /&gt;
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Touching on the functioning of high courts headed by chief justices, the SC said, “In deciding upon the allocation of work and the constitution of benches, the chief justices of HCs have to determine the number of benches which need to be assigned a particular subject matter keeping in view the inflow of work and arrears. The CJs are guided by the need to ensure orderly functioning of the court and the expeditious disposal of cases.”&lt;br /&gt;
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=’Judicial legislation’=&lt;br /&gt;
==Transgressing separation of power between legislature, executive and judiciary?==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=LEGALLY-SPEAKING-Nota-to-quota-SC-had-a-27032017012032  Dhananjay Mahapatra, Nota to quota: SC had a field day in judicial overreach, Mar 27, 2017: The Times of India]&lt;br /&gt;
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In March 2017, members of Parliament cutting across party lines were agitated by the Su preme Court allegedly transgressing the cardinal separation of power between the legislature, the executive and the judiciary . The MPs accused the SC of “overstepping“ its jurisdiction to get into the law-making domain through its judgments.&lt;br /&gt;
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They appear to be still riled by the October 2015 judgment of the SC striking down a unanimously passed legislation creating National Judicial Appointments Commission (NJAC) to replace the `opaque' collegium system for selection of judges. What added fuel to the anger was the SC's decision to entertain a PIL questioning life-long pension and freebies to MPs and MLAs.&lt;br /&gt;
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Law minister Ravi Shankar Prasad attempted to assuage the ruffled feathers by declaring, “Parliament to enact, executive to formulate and judiciary to interpret. In this light, if separation of power principle is binding on all, I am sorry to say that it is equally binding on the judiciary .“&lt;br /&gt;
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Why did the SC transgress the boundary of separation of power and attempt to perform tasks entrusted to the legislature and the executive? Since 1950, the SC has been the sentinel of fundamental rights of citizens, who were many a time ignored by both legislators and the executive. In protecting these precious rights, the SC had to walk the extra mile.&lt;br /&gt;
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'''Remember Vishaka case?'''&lt;br /&gt;
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Though the Constitution had guaranteed equal opportunity to men and women, women had been facing sexual harassment at work place for decades, enduring the depraved acts of male superiors in offices. Lawmakers knew this. But they failed to take steps to legislate and protect women from depraved male colleagues.&lt;br /&gt;
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The SC preferred not to remain silent. It virtually legislated by providing a mechanism for working women to complain against colleagues and bosses if they passed sexist remarks or indulged in sexual harassment. None of the MPs termed this judgment as judicial overreach.&lt;br /&gt;
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And the Shah Bano case? For decades, divorced Muslim women lived a life in penury as there was no provision in Muslim personal law to fasten liability on husbands to provide for maintenance to wives after talaq. The SC craftily used Section 125 of Criminal Procedure Code to step around the vacuum in Muslim personal law and granted alimony to divorced Muslim women. No one protested against this judgment as judicial overreach. In fact, it was hailed as a secular judgment. In a federal structure like ours governed by the principle of separation of powers, it is difficult for the judiciary , tasked to protect the fundamental rights of poor voiceless citizens, to close the doors of relief saying the boundary of separation of power is too high to scale.&lt;br /&gt;
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Take for example the Indra Sawhney case. The SC was hailed as the institution that quelled wild protests by students by ruling in favour of the legislation granting reservation to OBCs, which was over and above the existing quota for SCs and STs. However, it also legislated by capping total quota at 50% of government jobs. The legislators did not mind, as the SC ruling had doused the protests.&lt;br /&gt;
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The SC transgressed the principle of separation of power again in S R Bommai case by severely curtailing the Union government's power under the dreaded Article 356, under which the Centre, till the 1990s, used to topple elected governments in states at will by imposing President's rule. The restrictions on use of Article 356 were termed as an interpretation of the Constitution, even though for an independent analyst it could qualify as legislative exercise by the SC.&lt;br /&gt;
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On the election front too, the SC has legislated many times. In the Association of Democratic Reforms case, it put in a new law making it mandatory for candidates to declare their educational, wealth and criminal details to enable voters to make an informed choice while pushing the EVM button.&lt;br /&gt;
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It also brought in the concept of NOTA, which gave the voter the option of declaring that none of the contesting candidates was worthy of his vote. In addition, the SC also legislated by declaring that an elected representative, who has been convicted and sentenced in such a manner to earn disqualification, cannot continue as a member of the House concerned by merely filing an appeal against the conviction and sentence in a higher court.&lt;br /&gt;
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No one protested against it as public sentiment, given the abuse of position by some elected representatives, was in favour of the judgment.Parliamentarians have a right to criticise the SC, for it is manned by human beings who are not infallible. But they should always keep in mind what the SC said in S P Gupta case [1982 (2) SCR 365], “...While the administration of justice draws its legal sanction from the Constitution, its credibility rests in the faith of the people. Indispensable to that faith is the independence of the judiciary . An independent and impartial judiciary supplies the reason for the judicial institution, it also gives character and content to the constitutional milieu.“&lt;br /&gt;
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Rational criticism, and not motivated angst, always strengthens an institution. And we all know and believe that wise parliamentarians would always mean well to criticise the SC in such a manner so as to strengthen its independence to enable it to dispense justice without fear and favour.&lt;br /&gt;
==Judicial overreach and co-governing India==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Q-A-Court-appears-to-be-engaging-in-08052017014033 May 08 2017 : The Times of India (Delhi)  Court appears to be engaging in unrestrained judicial overreach| Justice AP Shah talking to Sanjiv Shankaran | The Times of India]&lt;br /&gt;
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Q &amp;amp; A - `Court appears to be engaging in unrestrained judicial overreach ... uncertainty around policy because of SC interventions'&lt;br /&gt;
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'' Some recent Supreme Court judgments, which have had a significant impact on policy issues, have triggered a debate on its powers. '' ''' AP Shah, former chief justice of Delhi high court ''' '' and former law commission chairman, spoke to ''' Sanjiv Shankaran ''' on the issue and the apex court's fundamental role: '' &lt;br /&gt;
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''' Is SC's role in co-governing India consistent with Constitution's spirit? ''' &lt;br /&gt;
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In the 1980s, after the Emergency, judiciary transformed itself into an institution that was enjoined to promote the ideals of socio-economic and political justice.&lt;br /&gt;
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Judiciary developed public interest litigation, or PILs, as a jurisdiction to transform constitutional promises into reality , and open the doors to those groups of people who were not free to approach the courts due to socio-economic factors. The idea was to make human rights meaningful for weaker sections of society. Then it gradually recognised rights of undertrials, juveniles, right to privacy, right to speedy trials and so on. It also covered areas like environment. This is how the idea of PILs began and started expanding. Article 21 was expanded as well, recognising right to education, work, shelter and so on. It was undeniably a glorious chapter in history of Indian judiciary .&lt;br /&gt;
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Lately , however, the court has taken on a role of co-governance. Indeed, I fear that it has become the norm almost. The court, through its decisions, is virtually overriding the constitutional concept of separation of powers. There are judicial diktats on every other subject, many of which are rank populist decisions, for example, the decision in the BCCI matter, where the court is practically running the cricket board on a day to day basis. Besides this, the court also entertains completely frivolous matters like the national anthem case, or the one on Sikh jokes.&lt;br /&gt;
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In sum, the court appears to be engaging in unrestrained judicial overreach, mostly by recourse to Article 142, and issuing judicial diktats.&lt;br /&gt;
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Populist approach would destroy the idea of PIL as envisaged originally decades ago. SC is trying to govern the country, and trying to correct every ill that exists.But this is neither within the powers of the court, nor does it have the capacity to do so. The priority must be protection of human rights and fundamental rights.&lt;br /&gt;
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''' Does the recent record suggest that evidentiary basis for judgments is satisfactory , particularly if the outcome has a significant fallout? ''' &lt;br /&gt;
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The alcohol ban is a case in point where the court's decision has had catastrophic financial consequences. In effect, the court drastically altered the central government's policy without realising the implications. I believe this is in the range of anything between Rs 50,000-75,000 crore, and has led to the loss of a million jobs.&lt;br /&gt;
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SC has missed the target on this one.&lt;br /&gt;
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There should have been decisive steps taken against drunken driving. The decision may be well intentioned, but it has effectively gone against the thriving hospitality industry.&lt;br /&gt;
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As a result, there is also a lot of uncertainty around policy , because of the interventions of SC. Such decisions have serious financial repercussions, which, I fear, the court is not equipped to understand.&lt;br /&gt;
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''' Taking a look at Aadhaar case, is SC's scheduling of hearings contributing in a round about way to a roll-out of policy? ''' &lt;br /&gt;
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There are very serious issues involved in the petition before SC, including whether the Aadhaar Act could have been passed as a money bill.&lt;br /&gt;
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It is useful to recap what happened.The case came before a three-judge bench in August 2015. The court granted interim relief restricting the use of Aadhaar to two schemes on a voluntary basis. When it went to a five-judge bench in October 2015, the two schemes were expanded to six schemes. On both occasions, the court said it was an important issue and should be heard expeditiously.&lt;br /&gt;
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In spite of that observation, the matter is not being given priority. In the meantime, the central government started issuing notification upon notification making Aadhaar mandatory for various purposes, in disregard of the interim order. Surprisingly, the Chief Justice of India has made an observation that the non-mandatory nature of Aadhaar extends only to social welfare and benefit schemes, and that it did not apply to other things like verification of income tax returns or registration of mobile numbers. This is completely at odds with the interim order passed by the constitution bench.&lt;br /&gt;
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Somewhere, priorities are getting lost, and the court is wasting its time in trying to address policy issues, which are clearly not in its domain. This becomes all the more critical when we realise that pendency in SC has crossed 60,000 cases.&lt;br /&gt;
== CBI probes: House panel slams SC, HCs for monitoring them==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=House-panel-slams-SC-HCs-for-monitoring-CBI-09122015013031 ''The Times of India''], Dec 09 2015&lt;br /&gt;
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Neeraj Chauhan&lt;br /&gt;
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'''House panel slams SC, HCs for monitoring CBI probes'''&lt;br /&gt;
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''Courts Are Overstepping Their Brief''&lt;br /&gt;
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In a significant remark on the judiciary's intervention in CBI investigations, a parliamentary committee has stated that the Supreme Court and high courts have started performing the functions of the lowest rung of criminal justice system, taking over the role of a magistrate.&lt;br /&gt;
Asserting that superior courts are working beyond their powers, the parliamentary standing committee on personnel, public grievances, law and justice said, “The superior courts which are courts of appeal under Sec tion 374 of the Code of Criminal Procedure (1973) are even directing CBI in a number of cases to report day-to-day progress in a sealed cover bypassing sections 172 and 173 of the CrPC and performing functions envisaged under the criminal justice system of the country for the lowest rung of criminal courts and also appreciating the evidence which under section 173 of CrPC is required to be done by the magistrate.“&lt;br /&gt;
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The panel's observations come at a time when most of the big-ticket CBI cases, including 2G spectrum allocation scam, coal block allocation scam, Vyapam scam, Virbhadra Singh corruption probe and ponzi schemes like Saradha, are being either monitored or regularly heard by the Supreme Court and several high courts. In fact, in the 2G and coal scams, the Supreme Court restricted all other courts to entertain any application against orders passed by the trial court.&lt;br /&gt;
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The committee said, “...various high courts and Supreme Court are frequently issuing directions to the CBI to handle cases relating to Prevention of Corruption Act, 1988, as also of `public order'. As a result, the jurisdiction and powers of the CBI have widened and deepened and have far exceeded than what was contemplated under the Delhi Special Police Act, 1946.“&lt;br /&gt;
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The committee, headed by E M Sudarsana Natchiappan, points to “judicial activism of higher judiciary by taking pains of overseeing an investigation and passing interim directions to the CBI and even preempting the rights and remedies available to affected persons under criminal justice system. It may , therefore, appear to affected persons as a pre-emptive and colourable exercise of power by the superior courts“.&lt;br /&gt;
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=Key rulings, year-wise=&lt;br /&gt;
==2015==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=NJAC-poll-eligibility-Jat-quota-key-2015-rulings-01012016012012 ''The Times of India''] Jan 01 2016&lt;br /&gt;
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Amit Anand Choudhary&lt;br /&gt;
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''' Women's Rights Too Hogged Limelight In SC '''&lt;br /&gt;
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In the year gone by , the Supreme Court constitutionally spurned the historic offer from Parliament to throw light on one of its darkest alleys -the road to appoint judges. Parliament enacted National Judicial Appointments Commission (NJAC) to bring in transparency in the process of appointment of judges in the apex court and high courts. But, the SC strangely put its vote on the opaque collegium system of judges selecting judges.&lt;br /&gt;
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The overwhelming public support for NJAC -the unanimous decision of Parliament and its ratification by 20 states -could not persuade the SC, which said independence of judiciary could be in danger if the Executive, the largest litigant, participated in selection of judges. But, the court was quite alive to the concerns of the public when it came to deciding the validity of Section 66A of Information Technology Act.&lt;br /&gt;
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It had no reservation in scrapping the law saying it impeded the citizens' right to freedom of speech and expression.&lt;br /&gt;
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The SC also saw through the politics behind the UPA 's decision ahead of the 2014 general elections to grant OBC status to Jats, seen as a prosperous community . The NDA too attempted to woo the Jats by defending the UPA decision. But, the SC minced no words and called the decision to give quota to Jats in jobs and admissions to educational institutions a `negative and retrograde' step.&lt;br /&gt;
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Irrespective of the political party in power, there has always been a tendency to project their top leaders in government advertisements with taxpayers' money . The SC put an end to it by ruling that no politician's face, except that of President and the Prime Minister, can be put in government advertisements.The chief ministers were the worst hit by this decision and many states have approached the SC to permit the photos of CMs to be displayed in government advertisements.&lt;br /&gt;
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One may not need any educational qualification to become an MP or MLA. But in a significant decision, the SC upheld the Haryana government's law laying down educational criteria for panchayat polls.&lt;br /&gt;
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The SC virtually brought down the curtains on the long political career of former Haryana CM Om Prakash Chautala by upholding his conviction and 10-year jail term in teachers' recruitment scam case. N Srinivasan, who was at the helm of BCCI was bowled out by the SC which condemned him for failing to maintain purity of the `gentleman's game' by blinking at the maladies like betting and spot-fixing.&lt;br /&gt;
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The court saw a midnight drama just before the scheduled hanging of Yakub Abdul Razak Memon, the lone condemned prisoner in 1993 serial blasts case of Mumbai. Despite repeatedly rejecting his plea for life sentence, the SC did not hesitate to hear his advocates again when they knocked at its doors in a last gasp attempt.&lt;br /&gt;
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The court passed a series of orders in 2015 to reinforce the rights of women who are despised by society for living an unconventional life.In a path-breaking verdict, it ruled that an unwed mother must be recognised as a legal guardian of her child and she cannot be forced to reveal the name of the father or seek his consent to get guardianship of the child.&lt;br /&gt;
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It also held that an unmarried couple, living together as husband and wife, would be presumed to be legally married and the woman would be eligible to inherit the property after the death of her partner. It also held that a woman was entitled to maintenance from her live-in partner.&lt;br /&gt;
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The court also expressed concern over women being used as surrogate mothers by foreigners and directed the government to ban commercial surrogacy . This prompted the Centre to roll back its 2013 decision allowing import of human embryos for artificial reproduction.&lt;br /&gt;
==2016: Important judgements==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=From-homebuyers-to-beard-growers-cricket-czars-to-30122016017022  AmitAnand Choudhary: SC rulings in some important judgements, Dec 30, 2016: The Times of India]&lt;br /&gt;
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Cloaked constitutionally to do complete justice, the Supreme Court in 2016 played referee in a variety of matches relating to legality of decisions in areas as diverse as politics, cricket, finance and religious practice.&lt;br /&gt;
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In the political arena, it red carded the Arunachal Pradesh governor for dismissing a Congress government led by Nabam Tuki and ordered its resurrection.&lt;br /&gt;
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But Congress failed to reap benefits of this landmark decision. Tuki could not reclaim the chief minister's chair. It went to Pema Khandu. Later, Congress legislators under Khandu stormed out of the grand old party to from a new outfit.&lt;br /&gt;
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Dealing a double blow to the NDA government, the SC also quashed the Centre's decision to dismiss the Congress government in Uttarakhand and impose central rule. The SC restored the Congress government led by Harish Rawat, who had better luck than Tuki.&lt;br /&gt;
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In cricket, the apex court continued its role as a tough umpire and imposed stringent field restrictions for the management to force them to implement its July 18 verdict to bring transparency and accountability in cricket administration.&lt;br /&gt;
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The Decision Review System (DRS) did not help.The SC dismissed the BCCI's two petitions seeking review of the reforms judgment, sending a clear signal to the board to fall in line.&lt;br /&gt;
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New Year could herald more problems as the SC will decide whether to appoint an administrator for BCCI in the first week of January .Not only this, the SC's decision in the contempt of court petition against BCCI president Anurag Thakur will also set a new milestone.&lt;br /&gt;
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The reforms judgment was based on a report by a committee headed by former CJI R M Lodha and com prising former SC judges Ashok Bhan and R V Raveendran. The court accepted each and every suggestion of the committee for infusing transparency and objectivity in the administration and finances of the board.&lt;br /&gt;
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In the financial sphere, Prime Minister Narendra Modi's big-ticket decision to rid the country of black money through demonetisation came under the SC scanner through scores of PILs. The court attempted to regulate government action to provide succour to common people facing harassment because of currency crunch.&lt;br /&gt;
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Though the SC took note of the hardship faced by common people because of demonetisation, it referred to a five-judge bench to determine the constitutional validity and procedural reasonableness of the policy decision.&lt;br /&gt;
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Public interest figured high on the SC's list of business in 2016, when it passed a slew of directions to reduce pollution. Its interference also forced the Haji Ali dargah management to allow women to enter its inner sanctum, which had remained closed for them since 2012. The court is also dealing with petitions to open the doors of Sabarimala temple in Kerala to women irrespective of their age. At present, women in the menstruating age are barred from entering the temple because of the deity's celibacy.&lt;br /&gt;
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But 2016 will go down in history as one of those years when the relationship between the judiciary and the executive touched the nadir.CJI TS Thakur slammed the government for sitting over recommendations for appointment of judges to high courts, which fought a monstrous pendency of cases with their backs to the wall as 43% of judges' posts remain vacant.&lt;br /&gt;
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The government hit back saying the CJI-headed collegium had not been finalising the memorandum of procedure for appointment of judges, which was ordered to be re-framed by a fivejudge SC bench.&lt;br /&gt;
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Without the new MoP, it would be improper to continue appointment of judges as per the `opaque' system followed by the collegium, the government said and reminded the CJI about the `laxman rekha'. Despite the CJI's criticism, the law minister claimed that the Centre had appointed a record 126 judges to HCs in 2016.&lt;br /&gt;
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After putting cricket czars in a fix with the bitter dose of reforms, ex-CJI R M Lodha was called upon by the SC to suggest reforms in administration of medical education in the country by scrutinising alleged mismanagement in Medical Council of India. The SC also asked Justice Lodha to supervise the sale of assets of Pearl group and refund Rs 49,000 crore to public who had invested in the firm's illegal collective investment scheme (CIS).&lt;br /&gt;
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It held that people from the Muslim community could not be allowed to grow beard after joining IAF, saying that discipline, uniformity and cohesiveness in armed forces was too important to be sacrificed for religious belief of its personnel who want to follow the practice which was against rules of a defence force.&lt;br /&gt;
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The year also kept the SC busy in exploring ways to tackle the pollution crisis in the national capital. It passed a slew of directions including restricting entry of trucks into Delhi and imposing 1% environment cess on diesel SUVs and high-end private cars with engine capacity of 2000cc and above.&lt;br /&gt;
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The court came to the rescue of several home buyers, harassed by real estate developers not handing over possession of flats on time.The court made it clear to developers that they would have to deliver as per their promise irrespective of whether they “sink or die“.&lt;br /&gt;
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==2017==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F01%2F01&amp;amp;entity=Ar01217&amp;amp;sk=4E1495DC&amp;amp;mode=text  Dhananjay Mahapatra, SC rulings settled national debates in 2017, but it weakened internally, January 1, 2018: ''The Times of India'']&lt;br /&gt;
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Attitude, approach and rectitude of a Chief Justice of India brings in marked changes in the core character of the Supreme Court. In 2017, the SC saw three CJIs. But Justice J S Khehar, followed by Justice Dipak Misra, set the ball rolling by taking up for adjudication constitutional issues that were brushed under the carpet for years.&lt;br /&gt;
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Many constitution benches were set up to deal with pending issues — from validity of Aadhaar which halfway through gave birth to the path-breaking right to privacy as a fundamental right, to tricky issues like misbehaviour of a sitting high court judge.&lt;br /&gt;
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This made the SC appear truly a constitutional court, a role assigned by the Constitution and envisaged by the framers of the Constitution. The SC, sitting at the top of the three-tier judiciary, had for the last two decades got mired in too many PILs, giving fodder to politicians to slam the judiciary for encroaching into the executive’s domain.&lt;br /&gt;
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In the 2017 balance sheet, the SC had many positives. To overcome an eight-judge bench decision negating the fundamental nature of right to privacy more than 50 years ago, a nine-judge bench took up the important issue for scrutiny keeping in mind citizens’ vulnerability to present day gadget-encouraged intruding tendencies.&lt;br /&gt;
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“Right to privacy is an integral part of right to life and personal liberty guaranteed in Article 21 of the Constitution,” the nine-judge bench ruled unanimously while comprehensively rejecting the NDA government’s stand against privacy being conferred the status of fundamental right.&lt;br /&gt;
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The SC shed its traditional nervousness in dealing with issues having religious overtones to set up a multifaith five-judge bench to examine petitions by Muslim women challenging the legality of triple talaq, a tool used by Muslim men to divorce wives instantaneously.&lt;br /&gt;
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The bench ruled that triple talaq was arbitrary and violated right to equality guaranteed under Article 14 because it gave Muslim men unilateral right to terminate marriage without any rapprochement. It was a decisive step towards gender equality, which for centuries was strangulated in the&lt;br /&gt;
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name of religion. The SC ruled that triple talaq was not sanctioned by the Quran and hence not part of Islamic religious practices.&lt;br /&gt;
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Following the footsteps of the Bombay High Court which threw open the Shani Shingnapur temple to women, the SC helped women gain entry into the sanctum sanctorum of the famous Haji Ali dargah in Mumbai. The SC’s nudge made the Valsad Zoroastrian panchayat permit two Parsi women, forbidden from entering the Tower of Silence because they married outside the community, to enter the premises to perform the last rites of parents.&lt;br /&gt;
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A bench of top seven SC judges, including the CJI, was constituted to deal with open defiance and derogatory comments of sitting Calcutta HC judge Justice C S Karnan.&lt;br /&gt;
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Putting a premium on judicial discipline, decorum and dignity, the bench sentenced Justice Karnan to sixmonth imprisonment holding him guilty of contempt. For the first time in the SC’s 67-year history, a sitting judge was jailed. Though embarrassing, it sent a loud message to everyone, both within and outside judiciary, about non-negotiability of rule of law and judicial dignity.&lt;br /&gt;
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If decisions on right to privacy, triple talaq and Justice Karnan settled raging national debates, the SC’s upholding of a trial court decision to convict and sentence V K Sasikala in a DA case had a tectonic effect on Tamil Nadu politics. Tremors of the verdict continue to smudge the state’s political canvas.&lt;br /&gt;
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Concerned by alarming levels of pollution, the SC on Diwali-eve banned sale of crackers in Delhi and the National Capital Region. But the decision was hardly a deterrent as pollution refuses to go away.&lt;br /&gt;
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The Medical Termination of Pregnancy (MTP) Act permitted a woman to terminate a problematic pregnancy or diseased foetus only up to 20 weeks. When the SC on humanitarian considerations allowed a minor to terminate her over 20-week pregnancy, there was a deluge of similar applications.&lt;br /&gt;
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The SC turned into a window of hope for distressed women with more than 20 week pregnancies to get medical boards’ opinions for safe termination. A pertinent questioned emerged from this exercise — should Parliament amend the law to allow termination of over 20-week pregnancies in exceptional situations?&lt;br /&gt;
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One cannot end the narrative for the year in the SC without mentioning the medical admission scam that saw a retired HC judge arrested and indicated possible involvement of a sitting Allahabad HC judge. The scam threatened to singe the SC itself with spirited advocates insinuating against the incumbent CJI. Rules were thrown to the winds when advocates decided to pursue PILs on the issue before a particular bench, which obliged.&lt;br /&gt;
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The crisis made CJI Misra hurriedly constitute a fivejudge bench which ruled that the CJI was the master of the roster and no other judge could decide when and who would hear a petition. The course correction brought a diminishing trust quotient within the SC into the open.&lt;br /&gt;
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On the administrative side, the CJI instituted an inquiry into complaints against the Allahabad HC judge who had permitted a private medical college, despite complete a ban by the SC, to admit students for the 2017-18 academic year.&lt;br /&gt;
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Alarming level of vacancies in HC judges has remained stagnant at 40% of sanctioned strength. Nine HCs are without chief justices. The SC has six vacancies. 2018 has to be the year of appointments. The CJI-headed collegium must attempt to fill SC vacancies, followed by appointment of CJs to HCs.&lt;br /&gt;
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Two years have passed since a constitution bench ordered framing of memorandum of procedure for appointment of judges. Sadly, the law minister and the collegium have not been able to sort out contentious issues. It is time for wise heads, in the government and the judiciary, to resolve this lingering disagreement, which is impacting speedy justice.&lt;br /&gt;
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=Landmark shifts of stance=&lt;br /&gt;
==Case studies, seven==&lt;br /&gt;
[http://articles.timesofindia.indiatimes.com/2010-01-23/india/28127376_1_ninth-schedule-due-process-shifts The Times of India]&lt;br /&gt;
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''' Case studies: Supreme Court’s landmark shifts ''' &lt;br /&gt;
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The apex court is rightly hailed for its stellar role. But little has been written about its dramatic shifts on a range of key issues. TOI brings you the untold story &lt;br /&gt;
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''' Manoj Mitta ''' &lt;br /&gt;
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Raising a toast for the establishment of the Supreme Court as India turned into a Republic, C K Daphtary, who went on to become the first solicitor general, said in January 1950, “A republic without a pub is a relic!” &lt;br /&gt;
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Jokes apart, no appraisal of the 60 years of the Indian Republic can ignore the stellar role played by the Supreme Court in maintaining the constitutional scheme of checks and balances. Equally, no appraisal of the Supreme Court can be complete without delving into the vagaries of its rulings, for better or for worse — especially because the shifts in its position have not always been for reasons beyond its control. &lt;br /&gt;
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This somewhat awkward aspect has however received little attention, perhaps because of the reverence reserved for the higher judiciary. Here is an attempt to focus exclusively on the judicial shifts made by the Supreme Court through the 60 years of its existence on a range of key issues. &lt;br /&gt;
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'''Somersault on due process'''&lt;br /&gt;
The first major constitutional issue decided by the Supreme Court came out of the preventive detention of communist leader A K Gopalan, in whose honour the headquarters of CPM is named. The issue was whether somebody’s detention could be justified merely on the ground that it had been carried out “according to the procedure established by law,” as stipulated in Article 21 of the Constitution. Or, would that procedure be valid only if it complied with principles of natural justice such as giving a hearing to the affected person? &lt;br /&gt;
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In the A K Gopalan case of 1950, the Supreme Court, taking a narrow view of Article 21, refused to consider if the procedure established by law suffered from any deficiencies. Fortunately, three decades later, it took a 180 degree turn on this issue in the Maneka Gandhi case of 1978. The provocation was the arbitrary law that had allowed the Janata Party government to take away Maneka’s passport without any remedy. Importing the American concept of due process, the Supreme Court ruled that the procedure established by law for depriving somebody of their life or personal liberty had to be “just, fair and reasonable”. &lt;br /&gt;
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'''Reduction of Parliament’s power to amend the Constitution'''&lt;br /&gt;
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Validity of the very first constitutional amendment was challenged mainly because it had inserted the Ninth Schedule to insulate agrarian laws from being tested in courts. The issue facing the Supreme Court was to determine the extent to which Parliament could go while exercising its amending power under Article 368. This is how SC shifted its position more than once on this crucial issue. &lt;br /&gt;
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First, in the Shankari Prasad case of 1951, it ruled that since no limits had been spelt out in Article 368, the power to amend the Constitution included abridgement of even fundamental rights. &lt;br /&gt;
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Next, in the Golaknath case of 1967, it betrayed second thoughts on trusting Parliament with such unfettered discretion under Article 368. Since Article 13 stipulated that every law enacted by Parliament had to comply with fundamental rights, the Supreme Court read that limitation into constitutional amendments as well. &lt;br /&gt;
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Finally, in the Kesavananda Bharati case of 1973, the SC held that the condition prescribed by Article 13 of complying with fundamental rights applied only to ordinary laws, not constitutional amendments. Taking the middle path, it said the only limitation on Article 368 was that a constitutional amendment could not alter the “basic structure” of the Constitution (such as the sovereignty of the country or its secular character). &lt;br /&gt;
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'''Enlarging the scope of judicial review'''&lt;br /&gt;
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For decades, the most abused provision of the Constitution was the sweeping power conferred on the President — in other words, the Central government — to dismiss a duly elected state government. The validity of actions taken under Article 356 of the Constitution went before the Supreme Court for the first time in 1977 when the then newly elected Janata Party government at the Centre had dismissedCongress governments in states for no reason other than the fact that it wanted to hold early elections. &lt;br /&gt;
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But the Supreme Court, in what is known as the State of Rajasthan case of 1977, declined to intervene, ostensibly to avoid entering the political thicket. The President’s satisfaction that the state concerned could not be carried on in accordance with the provisions of the Constitution was, it said, not subject to judicial review. The apex court however reversed its stand in the S R Bommai case of 1994, where it held that a proclamation under Article 356 could be struck down if it was “found to be mala fide or based on wholly irrelevant or extraneous grounds”. Subjecting the President’s satisfaction to judicial review, the Bommai verdict clarified that the power conferred by Article 356 was a conditional one, not absolute. &lt;br /&gt;
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'''Changing conception of compensation'''&lt;br /&gt;
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Many a legal battle has been fought on the vexed issue of compensation payable to affected parties when a property has been acquired by the government. The question of interpreting the compensation promised by the Constitution arose for the first time in the Bela Banerjee case of 1954 involving a West Bengal law which sought to pay off the owners on the basis of the market value of their land on some distant date in the past. Rejecting the socialistic arguments of the state, SC laid down that the compensation should be “a just equivalent of what the owner has been deprived of”. &lt;br /&gt;
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In a bid to get over the effect of the Bela Banerjee case, the Nehru government amended the Constitution stipulating that no law dealing with the manner in which compensation was to be given “shall be called in question in any court on the ground that the compensation by that law is not adequate”. This in turn triggered a chain of a vacillating judgments and another constitutional amendment on the compensation issue. It culminated in the shift from the categorical “just equivalent” in the Bela Banerjee case to a limp admission in the Kesavandanda Bharati case of 1973 that the amount need not be equivalent, so long as it was “not illusory”. &lt;br /&gt;
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'''Diversity on quotas'''&lt;br /&gt;
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Caste-based reservations in jobs and educational institutions are another contentious issue on which the Supreme Court has had to change its position in keeping with the times. Its initial response was completely adverse. In the Champakam Dorairajan case of 1951, the Supreme Court slammed caste-based reservations as a violation of the Constitutional prohibition of discrimination. It was however forced to take a more accommodative view of social justice once the Nehru government responded with the first constitutional amendment stipulating that the general prohibition of discrimination could not prevent the state from making any special provision for the advancement of SCs, STs and OBCs. &lt;br /&gt;
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Having reconciled to the imperative of quota, the Supreme Court, in the M R Balaji case of 1963, imposed a cap of 50% on the extent of reservations for all the categories taken together, in a bid to ensure that the exception did not exceed the general rule of non-discrimination. Following the Mandal controversy, the Supreme Court, in the Indra Sawhney case of 1993, upheld the introduction of quota for OBCs in Central government jobs subject to the exclusion of the “creamy layer” (candidates whose parents are relatively wealthy or better educated). &lt;br /&gt;
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'''Seasonal change on economic policy'''&lt;br /&gt;
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True to its reputation of giving precedence to individual liberty over socialistic schemes, the Supreme Court, in the Bank Nationalization case of 1970, displayed no inhibition in probing the allegations that the Indira Gandhi’s government’s economic policy was discriminatory and deficient on compensation. As a corollary, it even struck down the nationalisation law. &lt;br /&gt;
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But post-liberalisation, the SC, in the Balco case of 2001, upheld the Vajpayee government’s disinvestment policy by adopting the principle that “in the case of a policy decision on economic matters, the courts should be very circumspect in conducting any inquiry and must be most reluctant to impugn the judgment of the experts.” &lt;br /&gt;
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'''Turning consultation into concurrence'''&lt;br /&gt;
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This shift has earned the Supreme Court the opprobrium of turning the judiciary into a “self-perpetuating oligarchy”. For, all that the Constitution has prescribed in the appointment of judges to the Supreme Court is that the Chief Justice of India “shall always be consulted”.&lt;br /&gt;
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==`Freedom fighters' (false ones) granted pension==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=SC-grants-pension-to-fake-freedom-fighters-02112016010083  Dhananjay Mahapatra,  SC grants pension to `fake freedom fighters', Nov 02 2016 : The Times of India]&lt;br /&gt;
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Strange are the ways of the Supreme Court in dispensing justice. On the one hand, it ordered inquiry into alleged forging of freedom fighter certificates to claim pension and on the other, when the pensions were cancelled, it restored them on humanitarian grounds.&lt;br /&gt;
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In August 2005, the SC had appointed the Justice A B Palkar Commission to examine the case of a large number of people claiming pension as freedom fighters by allegedly forging certificates in Beed district. It had said those falsely claiming to have participated in the freedom struggle should be dealt with sternly as they were “traitors“. It had directed the Palkar panel to complete the inquiry into claims of 354 people for freedom fighter pension and submit a report to the Maharashtra government.The panel had rejected the claims of 298 of 354 people and termed their documents “bogus“.&lt;br /&gt;
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When the state govern ment cancelled their pensions relying on the Palkar commission report, the elderly people moved the Bombay HC and pleaded, “We are all senior citizens. At this ripe age, if we are deprived of pensionary benefits, we will not be in a position to eke out a livelihood.“ Given the SC's stern mandate in 2005 to separate the genuine freedom figh ters from the impersonators, the HC refused to give relief.&lt;br /&gt;
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They made a final dash to the SC and pleaded before a bench of Justices Kurian Joseph and R F Nariman that withdrawal of pensions would mean starvation. The Justice Joseph-headed bench was caught in a situation where being legally correct would mean starvation for the petitioners.&lt;br /&gt;
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What came to the bench's rescue was a 2013 judgment of the apex court which had dealt with similar pleas. It had said, “In our opinion, keeping in view the fact that at this old age, if small benefit that was already granted to them is withdrawn, it may be difficult for them to sustain themselves. In that vi ew of the matter, in the peculiar facts and circumstances of the case, we set aside the order of the Bombay HC.“ However, the court had said pensions would stop with the death of the false freedom fighters.&lt;br /&gt;
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Justices Joseph and Nariman were quick to adopt the same stand. They said, “We find force in the submissions made by the counsel for Maharashtra that in many of these cases, the appellants have actually not participated in any freedom struggle. However, taking note of the only fact that these cases arise out of the same batch of appeals, we feel that it may not be proper to take a different view (than that taken in 2013).“&lt;br /&gt;
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== Medical colleges: Vacant super-specialty seats courses ==&lt;br /&gt;
[[File: Vacant super specialty seats courses in medical colleges.jpg|   ‘A two-judge Supreme Court bench ordered filling up of 553 vacant seats in super-specialty courses in medical colleges just two days after a three-judge bench rejected such a plea’ &amp;lt;br/&amp;gt; From [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=2-judge-bench-does-what-3-judge-SC-17102017001061 '' The Times of India ''] |frame|500px]] &lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=2-judge-bench-does-what-3-judge-SC-17102017001061     Dhananjay Mahapatra | 2-judge bench does what 3-judge SC bench refused | Oct 17 2017 : The Times of India (Delhi)]&lt;br /&gt;
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Eyebrows are being raised about a possible breach in judicial discipline after a two-judge Supreme Court bench ordered filling up of 553 vacant seats in super-specialty courses in medical colleges just two days after a three-judge bench rejected such a plea.&lt;br /&gt;
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On an application filed by Kerala Christian Professional College Management Federation in the pending petition of Dr Himank Goyal, a bench of Justices Adarsh Kumar Goel and U U Lalit directed on October 11: “For the remaining 553 unfilled super-specialty seats lying vacant, the DGHS may hold a mop-up counselling in an endeavour to fill up such seats within a period of 10 days.“ Those offered seats through this mop-up counselling were asked by the bench to join within four days. Just two days before this, on October 9, a PIL by `Education Promotion Society of India' had sought permission from a bench of CJI Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud to fill up vacant superspecialty course seats. The bench dismissed the petition.&lt;br /&gt;
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It could not have passed an order different from its September 22 one when it turned down pleas to extend the deadline for filling vacant seats.&lt;br /&gt;
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On September 22, a bunch of applications by various medical colleges, including the one by Dr Himank Goyal, came up for hearing before the threejudge bench headed by the CJI.&lt;br /&gt;
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The bench said, “There was an echo of concern that seats are going vacant and, therefore, there is necessity ... to extend the date. If we permit ourselves to say so, the concern travels from rational to emotional sphere.“&lt;br /&gt;
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However, Medical Council of India counsel Gaurav Sharma opposed vehemently and said the SC had extended the time till September 14 and if students did not avail of the opportunity , “it would be anathema to the concept of law to grant extension at the behest of institutions or the students“.&lt;br /&gt;
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Sharma said, “Mainte nance of discipline is of transcendental significance in the sphere of admission to medical colleges.“&lt;br /&gt;
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He said granting fur ther extension would usher chaos as stu dents who were not eligible or defaulted would gain admission. The threejudge bench said, “A sense of concern is one thing, but sustenance of discipline and order is another aspect. Weighing both the concepts in a balanced manner, we unhesitatingly come to the conclusion that the prayers made in the applications do not deserve any acceptance and stand rejected.“&lt;br /&gt;
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A fortnight later, an identical request for filling up superspecialty seats in medical colleges was allowed by a twojudge bench, which, in its order, did not refer to the threejudge bench's orders.&lt;br /&gt;
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==Political fallout taken into consideration==&lt;br /&gt;
''' When Supreme Court considered the political fallout of its verdict ''' &lt;br /&gt;
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Dhananjay Mahapatra [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=When-Supreme-Court-considered-the-political-fallout-of-07012015024005 ''The Times of India''] Jan 07 2015&lt;br /&gt;
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The political fallout of a judicial decision has seldom bothered the judiciary, but it appears that in 2012 the Supreme Court delayed the judgment on the CBI's probe into disproportionate assets cases against the Samajwadi Party chief and his sons to await completion of assembly elections.&lt;br /&gt;
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On March 1, 2007, just before the assembly elections, an SC bench headed by Justice A R Lakshmanan had ordered the CBI to probe into alleged disproportionate assets of Mulayam Singh Yadav and his sons on a PIL filed by Vishwanath Chatur-vedi. Justice Lakshmanan retired on March 21, 2007 and was immediately appointed as chair man of the Law Commission.&lt;br /&gt;
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Yadavs filed petitions seeking review of the March 1, 2007 judgment questioning the jurisdiction of the SC to order CBI probe without the consent of the state government on a politically motivated petition.The review petitions were heard by a bench of Justices Altamas Kabir and H L Dattu, which reserved its judgment on February 17, 2011.&lt;br /&gt;
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Internal communication between Justice Kabir and Justice Dattu, accessed by TOI, shows, among other things, the ground for delay in pronouncing the judgment was the possible political fal lout of its decision in this case.&lt;br /&gt;
&lt;br /&gt;
In June 2012, Justice Kabir wrote to Justice Dattu: “I deliberately waited till after the UP elections to pronounce the judgment so that the level playing field was not disturbed.“ The UP Assembly elections were held between February 8, 2012 and March 3, 2012. SP swept the polls and Akhilesh Yadav became the chief minister.&lt;br /&gt;
&lt;br /&gt;
Just days before the verdict on December 13, 2012, Justice Kabir sent the draft judgment to Justice Dattu for his approval. In the note attached to the draft judgment, Justice Kabir had referred to the CBI's flip-flops in the case and said, “This dual stand in the submissions of the highest investigating agency cannot be appreciated by this court.“&lt;br /&gt;
&lt;br /&gt;
Justice Dattu agreed with Justice Kabir, who had by then become the Chief Justice of India, that the CBI stand had been confusing.However, he clarified that “while making submissions (on behalf of the CBI) it has been highlighted that substantial prima-facie elements are there to conduct an investigation“.&lt;br /&gt;
&lt;br /&gt;
He also felt that there was no substantial evidence against Dimple Yadav and no further investigation needed to be carried out against her.But Justice Dattu was firm against quashing the entire proceedings regarding disproportionate assets. Justice Dattu wrote back: “As discussed with you, quashing of the entire proceedings regarding disproportionate assets, which is evident on the face of records, will not only be doing injustice but also create a political turbulence. We are directing only CBI probeinvestigation and not holding them guilty . If nothing is found, they are acquitted. But in fitness of things a thorough investigation is needed.“&lt;br /&gt;
&lt;br /&gt;
The judgment on the review petitions was pronounced on December 13, 2012. The court held that the CBI probe into alleged disproportionate assets of Mulayam, Akhilesh, and Prateek Yadav as ordered by the SC on March 1, 2007 was justified.&lt;br /&gt;
==Vyapam-Tainted Doctors: Conflict Over their Fate==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=2-judge-SC-bench-teaches-law-to-3-31082016014046  Aug 31 2016 : ''The Times of India'' (Delhi) 2-judge SC bench teaches law to 3-judge bench, Dhananjay Mahapatra]&lt;br /&gt;
﻿&lt;br /&gt;
&lt;br /&gt;
A three-judge bench of the Supreme Court headed by Justice J S Khehar on Tuesday got some constitutional and legal lessons from a two-judge bench headed by Justice J Chelameswar.&lt;br /&gt;
&lt;br /&gt;
The bench headed by Justice Khehar, who will become Chief Justice of India next year, was tasked with finding a solution to the conflict of opinion in a judgment rendered by the bench of Justices Chelameswar and A M Sapre in a case relating to punishment for those whose MBBS degrees were tainted by the Vyapam scam.&lt;br /&gt;
&lt;br /&gt;
Justices Chelameswar and Sapre had found instances of undeserving candidates taking advantage of irregularities in entrance examinations to bag MBBS seats.Justice Chelameswar had said they should be asked to render charitable healthcare for a certain period to retain their MBBS degrees. But Justice Sapre had said these degrees should be cancelled.&lt;br /&gt;
&lt;br /&gt;
The bench headed by Justice Khehar had asked whether the matter needed to be heard afresh to resolve the conflict of opinion and sought an answer from Justices Chelameswar and Sapre.&lt;br /&gt;
&lt;br /&gt;
The miffed two-judge bench on Tuesday did not read out the judgment and merely signed it, departing from the usual practice where judges read out the operative portion of the verdict.&lt;br /&gt;
&lt;br /&gt;
It said, “We completely fail to understand the reference made to Article 145(5) of the Constitution in the July 28, 2016 order (of the three-judge bench).“ Article 145(5) provides that the court should not pronounce a judgment without the concurrence of a majority of the judges on the bench which heard the case. However, it also says this would not prevent a judge from delivering a dissent judgment or opinion. Justices Chelameswar and Sapre said, “We are of the opinion that neither the Constitution of India nor any other law of this country provides an intra-court appeal insofar as the Supreme Court is concerned. A rehearing of the entire matter as apparently suggested by the larger bench, in our opinion, would amount to an intra-court appeal.“&lt;br /&gt;
&lt;br /&gt;
As a final message to the three-judge bench which appeared to have a touch of judicial sarcasm, the two-judge bench said, “If the larger bench of this court wishes to create an intra-court appeal, we obviously are powerless to stop it. We can only record our understanding of the law on the question and it is as recorded above.“&lt;br /&gt;
&lt;br /&gt;
==3-judge bench overrules 3-judge 2014 land acquisition judgment==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F22&amp;amp;entity=Ar00302&amp;amp;sk=DE4B463A&amp;amp;mode=text  Dhananjay Mahapatra &amp;amp; Amit Anand Choudhary, SC in knots as its 3-judge bench overrules another of same strength, February 22, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Supreme Court appeared to have tied itself in knots on Wednesday, with a three-judge bench questioning the judicial propriety and discipline of another three-judge bench, which had on February 8 overturned yet another three-judge bench’s 2014 judgment on land acquisition.&lt;br /&gt;
&lt;br /&gt;
The subject matter was important as it involved the acquisition of land and payment of compensation to land-owners, mainly farmers. But the two-hour-long proceedings before a bench of Justices Madan B Lokur, Kurian Joseph and Deepak Gupta brought back flashes of the smouldering discontent among the four most senior judges which had erupted in an unprecedented press conference on January 12.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
''' SC asks HCs not to pass any order on land acquisition ''' &lt;br /&gt;
&lt;br /&gt;
What the bench of Justices Lokur, Joseph and Gupta questioned on Wednesday was the judgment by a three-judge bench headed by Justice Arun Mishra terming a 2014 “Pune Municipal Corporation” judgment by a bench of identical strength as “per incurium” (decision rendered without taking care of facts and law). Interestingly, the Pune Municipal Corporation judgment was rendered on January 24, 2014 by a bench of Justices R M Lodha, Lokur and Joseph.&lt;br /&gt;
&lt;br /&gt;
The Justice Lokur-headed bench, in an interim order, asked high courts not to pass any order on pending land acquisition issues, thus stalling implementation of the February 8 judgment. It also requested other benches of the apex court to defer hearing on petitions on this issue.&lt;br /&gt;
&lt;br /&gt;
Former attorney-general Mukul Rohatgi provided the spark that reignited the “discipline” and “propriety” issue that has hurt unity among SC judges. Rohatgi said propriety demanded that the three-judge bench, if it did not agree with the earlier three-judge bench decision, send the issue for consideration before a larger bench. He said what was worse was that the same bench had been disposing of scores of cases based on the ruling given by it on February 8 in complete disregard of the farmers’ interest.&lt;br /&gt;
&lt;br /&gt;
Justice Joseph poured out his “painful concern” and said, “The Supreme Court operates on a system and principle which are holy. If you start tinkering with it, what will happen? Everyone must think about it — both judges and lawyers. We will go one day but the institution must go on forever. There is a method and procedure to be followed. If the Supreme Court has to be one, it has to be made one. To make it one, you need judicial discipline. “The Supreme Court is one and must not speak in 14 voices (indicating that the existing 14 benches must not speak differently on the judicial side). It is not good for the institution.”&lt;br /&gt;
Rohatgi recounted the right to privacy issue and said as attorney-general, he had argued before a five-judge bench that it could not decide the issue as an eight-judge bench had earlier ruled that privacy was not a fundamental right. “Overnight, a nine-judge bench was set up by the CJI which overruled the eight-judge bench decision. That is the procedure and discipline,” he said to rub it in.&lt;br /&gt;
&lt;br /&gt;
Senior advocate P S Patwalia, appearing for Haryana, defended the recent ruling of the Justice Arun Mishra-headed bench and said the law’s misuse was stopped by this judgment and Justice Joseph’s views were rather strong. Justice Joseph clarified, “It is not strong views but my painful concern. If one bench of the SC wants to correct an earlier ruling by another bench of identical strength, then there is a process to do it.” Rohatgi chipped in and said if the Pune Municipal Corporation judgment required to be reconsidered, the correct procedure would have been to refer it to a five-judge bench.&lt;br /&gt;
&lt;br /&gt;
The Supreme Court operates on a system and principles which are holy. If you start tinkering with it, what will happen?&lt;br /&gt;
&lt;br /&gt;
===Referral:  2-Judge Bench Pre-Empts 3-Judge Bench ===&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F23&amp;amp;entity=Ar01212&amp;amp;sk=D8CDD9F6&amp;amp;mode=text  Dhananjay Mahapatra &amp;amp; Amit Anand Choudhary, Judicial discipline? It’s complicated, February 23, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
''2-Judge Bench Pre-Empts 3-Judge One From Passing Order For Referral''&lt;br /&gt;
&lt;br /&gt;
The knotty issue of ‘judicial discipline and propriety’ in contradictory judgments on land acquisition being tossed between two threejudge benches of the Supreme Court got further complicated on Thursday with two two-judge benches referring the matter to Chief Justice of India Dipak Misra for resolution by a larger bench.&lt;br /&gt;
&lt;br /&gt;
A threejudge bench headed by Justice Madan B Lokur had taken umbrage to a three-judge bench headed by Justice Arun Mishra on February 8 overruling a 2014 verdict given by another three-judge bench in the ‘Pune Municipal Corporation’ case, terming the earlier judgment as “per incurium”. Both the cases concerned land acquisition.&lt;br /&gt;
&lt;br /&gt;
Upon being told by senior advocate Mukul Rohatgi about the February 8 verdict, the bench led by Justice Lokur and comprising Justices Kurian Joseph and Deepak Gupta viewed it as breach of “judicial discipline and propriety”.&lt;br /&gt;
&lt;br /&gt;
Justices Lokur and Joseph, two of the four seniormost judges of the SC, were co-authors of the ‘Pune Municipal Corporation’ verdict.&lt;br /&gt;
&lt;br /&gt;
In an interim order, the Justice Lokur-headed bench requested other SC benches and high courts not to take up matters related to land acquisition dealt in the two contradictory judgments. It said it would decide the future course of action — whether to refer the matter to a larger bench.&lt;br /&gt;
&lt;br /&gt;
On Thursday, a land acquisition case was listed before a bench of Justices Arun Mishra and Amitava Roy and the threejudge bench’s interim order was brought to its notice.&lt;br /&gt;
&lt;br /&gt;
While stating that Wednesday’s interim order was a “sort of moral injunction” on them, Justice Mishra, who headed the three-judge bench that overruled the 2014 judgment, addressed the issue frontally and squarely. “We had taken a definite view that the 2014 judgment was ‘per incurium’ and it was permissible in law to take that view. We had pondered (while writing the February 8 judgment) over the issue — whether the matter required to be referred to a larger bench given the three-judge bench’s 2014 judgment, and then took a conscious decision (to term it ‘per incurium’ and overrule it). Whether it amounts to judicial discipline, or not, is for the larger bench to decide,” he said.&lt;br /&gt;
&lt;br /&gt;
Justices Mishra and Roy referred the matter to the CJI for adjudication by a larger bench, which most probably will be a five-judge bench. By this order, the Justice Mishra-led bench pre-empted the three-judge bench headed by Justice Lokur from passing order for referral to a larger bench.&lt;br /&gt;
&lt;br /&gt;
Justice Mishra said, “We have taken a considered view (in the February 8 judgment). It is over 200 pages. Probably, no one has read it but it (the judgment) has been targeted. First read and then analyse. ‘Judicial discipline’ has become a magic word to target us.”&lt;br /&gt;
&lt;br /&gt;
In another twist to fast-paced events in the SC, another two-judge bench of Justices Adarsh Goel and U U Lalit too rescheduled a land acquisition case on Thursday when it was informed by Rohatgi about Wednesday’s interim order by Justice Lokur’s bench.&lt;br /&gt;
&lt;br /&gt;
The bench ordered, “We are of the view that having with regard to the nature of the issues involved in the matter, the issues need to be resolved by a larger bench at the earliest. These matters may be placed before the appropriate bench on February 23 as per orders of the CJI.”&lt;br /&gt;
&lt;br /&gt;
=Late night hearings and judgements=&lt;br /&gt;
==Till 2015==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=SC-has-answered-two-more-midnight-knocks-31072015018031 ''The Times of India''], Jul 31 2015 &lt;br /&gt;
&lt;br /&gt;
''' SC has answered two more midnight knocks '''&lt;br /&gt;
&lt;br /&gt;
Mumbai serial bomb blasts convict Yakub Memon was not the first one to knock at the Supreme Court's door past midnight.&lt;br /&gt;
&lt;br /&gt;
What made Yakub's petition unprecedented was the one-and-a-half hour long postmidnight hearing that lasted till the crack of dawn. Earlier, the hearings after court hours were mainly held at the residence of the senior judge presiding over the bench.&lt;br /&gt;
&lt;br /&gt;
On April 8, 2013, lawyers of condemned prisoner at Jabalpur Central Jail, Maganlal Barela, who was to be hanged at dawn on April 9 for killing his children, successfully moved the SC close to midnight. Barela averted the gallows, after all preparations were made to hang him, after rejection of his mercy petition by the President. The fax from the SC con veying the stay on Barela's hanging reached jail authorities just five hours before the scheduled hanging.&lt;br /&gt;
&lt;br /&gt;
Similarly , Nithari rape-murder convict Surinder Koli was scheduled to hang on September 9, 2014. At the intervening night of September 8-9, his lawyers, led by Indira Jaising, woke up justices H L Dattu and A R Dave and placed before them Koli's petition seeking re-hearing of his review petition. A three-judge bench later stayed the execution and ordered open court hearing.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
==2018, May: swearing-in of Karnataka government==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F05%2F17&amp;amp;entity=Ar00501&amp;amp;sk=677C98EE&amp;amp;mode=text    Naheed Ataullah &amp;amp; Dhananjay Mahapatra, Only the 2nd midnight hearing in SC history, May 17, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The dramatic post-midnight hearing marks only the second time in the judicial history of independent India that such an event has taken place. In the previous instance, a three-judge Supreme Court bench began hearing a petition seeking postponement of Yakub Memon’s execution at 3.24am on July 30, 2015. At 4.46am, Yakub’s final petition was dismissed.&lt;br /&gt;
&lt;br /&gt;
'''NOTE: As we have seen above, the case regarding the swearing-in of the Karnataka government was not the second late-night hearing, but perhaps the fourth.  See [[Karnataka: political history ]]&amp;gt; 2018 '''&lt;br /&gt;
&lt;br /&gt;
=Lawyers’ insinuations =&lt;br /&gt;
==2019: A denigration of the judiciary==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F01%2F31&amp;amp;entity=Ar00302&amp;amp;sk=7510F3AA&amp;amp;mode=text  Dhananjay Mahapatra, Insinuations by lawyers make our job hard, says SC, January 31, 2019: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Ringing the alarm bell, the Supreme Court said in a hard-hitting judgment that it was becoming increasingly difficult for judges to render justice in a fair, impartial and fearless manner because of insinuations made by advocates in cases of political importance.&lt;br /&gt;
&lt;br /&gt;
“Whenever any political matter comes to court and is decided, either way, political insinuations are attributed by unscrupulous persons/ advocates. Such acts are nothing but an act of denigrating the judiciary itself and destroys the faith of the common man which he reposes in the judicial system,” a bench of Justices Arun Mishra and Vineet Saran said in its 75-page judgment.&lt;br /&gt;
&lt;br /&gt;
Taking note of the tendency among some advocates to rush to the media from courtrooms, the bench said “hunger for cheap publicity is increasing” and termed it as anathema to the standards of the noble profession. “Statutory rules prohibit advocates from advertising and cater to press/media,” it said, adding it had become common to dish out “distorted versions of court proceedings”.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''JUSTICE DELIVERY'''&lt;br /&gt;
&lt;br /&gt;
''Cases cannot decided by media trial, says apex court''&lt;br /&gt;
&lt;br /&gt;
This had a chilling effect on judges who could not go to the media with their point of view, the bench said. “It is making it more difficult to render justice in a fair, impartial and fearless manner,” the bench said and complained that making public accusations against judges was a tactic adopted by unscrupulous elements to “influence the judgment and even to deny justice with ulterior motives”.&lt;br /&gt;
&lt;br /&gt;
In the last year, apex court judges have faced a lot of insinuations from activist lawyers while dealing with politically sensitive matters — plea of Muslim parties for reference of Ayodhya land dispute to a five-judge bench, petition seeking quashing of UAPA charges against social activists including Sudha Bharadwaj and Gautam Navlakha, plea for SIT probe into judicial officer B H Loya’s alleged suspicious death, PILs for probe into Rafale jet purchase and petitions challenging the Centre’s decision to divest then CBI director Alok Verma of his powers.&lt;br /&gt;
&lt;br /&gt;
“Something has to be done by all concerned to revamp the image of the bar,” the SC said. Writing the judgment for the bench, Justice Mishra said, “It is impermissible to malign&lt;br /&gt;
&lt;br /&gt;
the system itself by attributing political motives and false allegations against the judicial system and its functionaries. Judges who are attacked are not supposed to go to the press or media to ventilate their point of view.”&lt;br /&gt;
&lt;br /&gt;
Taking note of hype created in media by certain advocates in matters of political importance, the SC said, “Cases cannot be decided by media trial... No outside interference is permissible. A lot of sacrifices are made to serve the judiciary for which one cannot regret as it is with a purpose and to serve judiciary is not less than the call of military service.&lt;br /&gt;
&lt;br /&gt;
“For the protection of democratic values and to ensure that rule of law prevails in the country, no one can be permitted to destroy the independence of the system from within or outside... Let each of us ensure our own institution is not jeopardised by the blame game and make an endeavour to improve upon its own functioning and independence.”&lt;br /&gt;
&lt;br /&gt;
The SC was testing the validity of the rule framed by Madras high court empowering it to debar an advocate to control situations which arose in the past, including shouting of slogans, using foul language against judges and vandalism. Though anguished by past conduct of lawyers in the HC, it struck down the rule and said the HC could not usurp disciplinary powers vested in bar councils.&lt;br /&gt;
&lt;br /&gt;
=Political interference=&lt;br /&gt;
==1967-2018==&lt;br /&gt;
Difficulty of being CJI in the shadow of politics over removal&lt;br /&gt;
&lt;br /&gt;
Dhananjay.Mahapatra 02 April 2018 The Times of India &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Renowned lawyer and senior Congress MP Kapil Sibal [in March 2018] accused the NDA government of “continuously assaulting the judiciary” while echoing Justice Jasti Chelameswar’s view that the Centre was “putting collegium recommendations on the back burner if the names are not to its liking”.&lt;br /&gt;
&lt;br /&gt;
Sibal was quoted as saying in a media report, “They have first filled educational institutions with R S S pracharaks. Now, they are trying to infiltrate the judiciary with people having such mindset.”&lt;br /&gt;
&lt;br /&gt;
A few weeks ago, Sibal had retorted to CJI Dipak Misra’s courtroom comment that he must read history by saying he was both a student and teacher of history. Sibal is well versed in the judiciary’s history too, we are sure. Probably, he needs to refresh his memory, especially because he is among the few in Congress strenuously pushing for moving a removal motion against CJI Misra in Parliament.&lt;br /&gt;
&lt;br /&gt;
The January 12 press conference by senior SC judges led by Justice Chelameswar against the CJI had attracted magnetic support from Left leaders friendly to a rebel judge. The Congress, in the process of replacing old warhorses with prime stallions to keep the party chariot competitive for the derby of general elections, decided to cash in on the situation as many important cases, including politically usable Ayodhya and death of judge B H Loya, were being heard by a CJI-led bench.&lt;br /&gt;
&lt;br /&gt;
Some Congress lawyer-MPs saw the opportunity to hit hard with a removal motion as the judiciary was red hot with an internal dissension fuelled by one person’s insatiable desire to wreak vengeance because he could not become CJI. Personal ambitions surely cause disturbances in the normal functioning of a system, be it judiciary or politics. And we surely don’t deny what Justice Chelameswar said in his March 21 letter, quoting Robert H Jackson, that “men are more often bribed by their loyalties and ambitions than by money”.&lt;br /&gt;
&lt;br /&gt;
Attempts are on to get the draft motion signed by 50 Rajya Sabha MPs, the number required for moving it in Parliament. Before we refer to pages of judicial history to understand Sibal’s comment that the NDA government is trying to fill judiciary with “such mindset”, a discussion on the fallout of a removal motion against the CJI will help understand the gravity of the situation.&lt;br /&gt;
&lt;br /&gt;
Today, the Congress with 54 MPs in RS may well be able to bring a removal motion against the CJI, howsoever frivolous or imaginary the charges may be. Tomorrow, the NDA, which too has more than 50 MPs in RS, could cook up some charge to bring a removal motion against the No.2 in the SC. Another party can start a campaign for a removal motion against the third in the SC hierarchy.&lt;br /&gt;
&lt;br /&gt;
Where will it end? Which judge will willingly become CJI in such a dreadful scenario and risk his dignity and reputation? Worse, will this kind of political one-upmanship not force a judge to ensure political support before becoming CJI to counter threats of removal?&lt;br /&gt;
&lt;br /&gt;
Bringing a removal motion against a CJI or a judge based on unverified charges has a numbing effect on the institution and stunts public faith in it. Lawyers become MPs not because they are great politicians. Success in court brings them money and fame, accelerating their rise in political parties. When they attempt to cow down the judiciary by casting a shadow through a phantom removal motion, it is akin to an assault on the very tree that nurtured their growth.&lt;br /&gt;
&lt;br /&gt;
Unlike today’s Congress, led by a youthful president Rahul Gandhi, the party split in 1969 after a bitter war between veterans on one side and the young Turks on the other led by Indira Gandhi. The split reduced her government to a minority, but she continued as PM with support from Left parties. The landmark SC decision in Golaknath case in 1967 curtailing Congress government’s power to amend the Constitution and the political red nose caused by the 1970 Privy Purses judgment forced Indira to call mid-term polls.&lt;br /&gt;
&lt;br /&gt;
A heady 352 seats in Lok Sabha in 1971 strengthened her resolve to infiltrate the SC with “committed judges”. The task was meticulously carried out by law minister H R Gokhale, the Bombay HC judge turned politician; steel and mines minister S Mohan Kumaramangalam, a barrister and earlier a prominent communist leader; and S S Ray, another barrister and a close confidant of Indira.&lt;br /&gt;
&lt;br /&gt;
To overrule an 11-judge bench decision in the Golaknath case, the SC decided to set up a 13-judge bench for Kesavananda Bharati case. Eight SC judges were appointed just before the hearing in Kesavananda case began to ensure most of them found place in the 13-judge bench for a favourable ruling.&lt;br /&gt;
&lt;br /&gt;
Justice P Jaganmohan Reddy in his book ‘We Have Republic’ wrote, “Of these eight, two were said to be Gokhale’s nominees (D G Palekar and Y V Chandrachud of Bombay HC); one of Kumaramangalam (K K Mathew of Kerala); two of Ray (S C Roy and A K Mukherjea) and two from the PM (M H Beg and S N Dwivedi); only one was CJI S M Sikri’s nominee (H R Khanna). One died before the case was heard. Of the seven who heard the case, five upheld the government’s point of view.&lt;br /&gt;
&lt;br /&gt;
A legendary researcher on SC judges, George H Gadbois, wrote, “Seven of the nine Sikri era appointees were members of the Kesavananda bench, and five of these did support what can be considered the government’s wishes. But they were in the minority with A N Ray. Khanna, who cast the deciding vote, and Mukherjea joined the five pre-Sikri era court appointees in the majority.”&lt;br /&gt;
&lt;br /&gt;
The 7-6 majority carved out the basic structure doctrine while fortifying and reinforcing Golaknath judgment much to the chagrin of Indira, whose government wreaked vengeance a day after the Kesavananda judgment was delivered on April 23, 1973, by announcing that A N Ray, fourth senior most SC judge, would be the new CJI to supersede K S Hegde, J M Shelat and A N Grover. The three resigned. The judiciary was to endure many painful wounds inflicted by Congress governments in the succeeding years. We will narrate those some other time. The above example is meant to refresh Sibal’s memory about “assault on judiciary”.&lt;br /&gt;
&lt;br /&gt;
As a celebrated lawyer, Sibal should discharge his debt for the fame he has earned through the judiciary. He has ability, knowledge and craftsmanship to differentiate himself from hawkish politicians, whose feathers resemble those of Gokhale, Kumaramangalam and Ray. The choice is his.&lt;br /&gt;
&lt;br /&gt;
=Preferential listing of star lawyers’ cases=&lt;br /&gt;
==Not done for Ram Jethmalani/ Ansal==&lt;br /&gt;
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Star-lawyers-may-not-get-to-jump-queue-04032017001044  Dhananjay Mahapatra, Star lawyers may not get to jump queue, March 4, 2017: The Times of India]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Star lawyers getting preferential listing of cases of rich and famous clients in the Supreme Court is a trend that could be reversed under the new Chief Justice of India J S Khehar (in pic), as renowned lawyer Ram Jethmalani found out.&lt;br /&gt;
&lt;br /&gt;
In the past, engaging top lawyers to steal a march over others in getting cases listed for early hearing usually worked, with previous CJIs acting in deference to the stature of the lawyers.&lt;br /&gt;
&lt;br /&gt;
Khehar, however, has emphasised procedural equality since taking over. Time and again, he has told lawyers requesting early hea ring that their clients would not be permit ted to jump the queue.&lt;br /&gt;
&lt;br /&gt;
Friday provided more evidence of this when Jethmalani, appearing for Gopal Ansal (convicted in the Uphaar case), requested urgent listing of the tycoon's application seeking reduction of the jail term awarded to him. The court also rejected Ansal's plea for exten sion of his surrender deadline of March 9 to serve the remaining part of his one-year sentence.&lt;br /&gt;
&lt;br /&gt;
Jethmalani had sought urgent listing of Gopal's plea seeking parity in sentence with his elder brother Sushil Ansal, who was let off by the court on February 9 saying the sentence already undergone by him was adequate punishment keeping in view his age and ailments. Jethmalani had said Gopal too was old and suffered age-related ailments and, hence, was entitled to parity in sentence. The CJI had said the application would be listed on Friday if the SC registry found no objection. But the registry did find objections and the matter was not listed on Friday .&lt;br /&gt;
&lt;br /&gt;
Jethmalani complained about it to the CJI on Friday and sought urgent listing and said the court should extend the surrender deadline in the alternative. Justice Khehar firmly told Jethmalani that there was a procedure for everyone to follow. “If the registry has found objections and refused to list the matter, Jethmalani's client can appeal against the registry's order,“ the CJI said and refused to bestow any preferential treatment to the noted lawyer.&lt;br /&gt;
&lt;br /&gt;
=Rape=&lt;br /&gt;
== No liberal approach , mediation or compromise in rape cases : SC ==&lt;br /&gt;
[http://www.dailyexcelsior.com/no-liberal-approach-mediation-or-compromise-in-rape-cases-sc/ Daily Excelsior , No liberal approach , mediation or compromise in rape cases : SC &amp;quot;Daily Excelsior&amp;quot; 2/7/2015]&lt;br /&gt;
&lt;br /&gt;
It would be a “spectacular error” to adopt a soft approach on cases of rape or attempt to rape and there cannot be any compromise or mediation in such cases, the Supreme Court said in a stern message today.&lt;br /&gt;
&lt;br /&gt;
“When a human frame is defiled, the ‘purest treasure’, is lost. Dignity of a woman is a part of her non-perishable and immortal self and no one should ever think of painting it in clay. There cannot be a compromise or settlement as it would be against her honour which matters the most,” a bench headed by Justice Dipak Misra said.&lt;br /&gt;
&lt;br /&gt;
“We would like to clearly state that in a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of.&lt;br /&gt;
&lt;br /&gt;
“These are crimes against the body of a woman which is her own temple. These are offences which suffocate the breath of life and sully the reputation. And reputation, needless to emphasise, is the richest jewel one can conceive of in life. No one would allow (it) to be extinguished,” the bench, which also comprised Justice Prafulla C Pant, said.&lt;br /&gt;
&lt;br /&gt;
The strong remarks came as the apex court criticised a Madhya Pradesh High Court judge who was influenced by the compromise entered into between the accused Madan Lal and the parents of the seven-year-old victim and had set aside the conviction and five-year sentence for the rape. (PTI)&lt;br /&gt;
&lt;br /&gt;
= Religious bias=&lt;br /&gt;
==SC objects to Bombay HC citing religious identity of victim to grant bail to accused==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/violence-in-name-of-religion-cannot-be-justified-supreme-court/articleshow/62934313.cms  Amit Anand Choudhary, Violence in name of religion cannot be justified: Supreme Court, February 15, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''HIGHLIGHTS'''&lt;br /&gt;
&lt;br /&gt;
Judiciary must be fully conscious of the plural composition of the country while adjudicating issues pertaining to rights of various communities: SC&lt;br /&gt;
&lt;br /&gt;
SC bench quashed the order of the Bombay high court granting bail to accused for allegedly killing a Muslim youth in 2014&lt;br /&gt;
&lt;br /&gt;
“The fault of the deceased was only that he belonged to another religion. I consider this factor in favour of the accused ... ,” the Bombay High Court had said in its order while granting bail to three accused belonging to Hindu Rashtra Sena for allegedly killing a Muslim youth in 2014. &lt;br /&gt;
&lt;br /&gt;
Taking exception to the observation made by the high court, the Supreme Court on Thursday said that such remarks were uncalled for and reminded that the judiciary must be fully conscious of the plural composition of the country while adjudicating issues pertaining to rights of various communities. It said that any kind of violence in the name of religion or community could not be justified. &lt;br /&gt;
&lt;br /&gt;
A bench of Justices SA Bobde and L Nageswara Rao quashed the order of the Bombay high court granting bail to the accused saying that there was little discussion on the other relevant factors relating to granting or withholding bail in a murder case. It asked the the high court to reconsider the bail plea of the accused afresh as per law on merit without being influenced by any extraneous reason. &lt;br /&gt;
&lt;br /&gt;
“We have carefully perused the impugned order(s) granting bail and we find that there is little reference to/or discussion on the merits of the bail applications but we are satisfied that the significant reason for release is mainly the one stated above. We find that the aforesaid reason can, on a fair reading, be understood or misunderstood almost as a mitigating circumstance or a kind of a justification for the murder and it is obvious that the fact that the deceased belonged to a certain community cannot be a justification for any assault much less a murder,” the bench said. &lt;br /&gt;
&lt;br /&gt;
“While it may be possible to understand a reference to the community of the parties involved in an assault, it is difficult to understand why it was said that ‘the fault of the deceased was only that he belonged to another religion’ and further ‘I consider this factor in favour of the applicants/accused.’ We have no doubt that a court fully conscious of the plural composition of the country while called upon to deal with rights of various communities, cannot make such observations which may appear to be coloured with a bias for or against a community,” it said. &lt;br /&gt;
&lt;br /&gt;
“It is possible that the learned Judge wanted to rule out a personal motive against the victim, but only emphasize communal hatred. It is also possible that the learned single judge may not have intended to hurt the feelings of any particular community or support the feelings of another community but the words are clearly vulnerable to such criticism. The direction cannot be sustained,” the court said. &lt;br /&gt;
&lt;br /&gt;
The high court had on January 12 last year granted bail to Vijay Gambhire, Ganesh Yadav and Ajay Lalge, accused of murdering 28-year-old Mohsin Shaikh on June 2, 2014 in Pune. As per the prosecution, the trio had attended a meeting of Hindu Rashtra Sena to protest against defiling of a statue of Chhatrapati Shiva-ji Maharaj. The accused armed with hockey sticks and bats roamed the streets on the night of June 2 when they came across Shaikh and thrashed him to death. &lt;br /&gt;
&lt;br /&gt;
Their bail plea was rejected by lower court but the high court granted them relief. &amp;quot;The meeting was held prior to the incident of assault. The accused otherwise had no other motive such as any personal enmity against the innocent deceased Mohsin. The fault of the deceased was only that he belonged to another religion. I consider this factor in favour of the accused. Moreover, the accused do not have criminal record and it appears that in the name of the religion, they were provoked and have committed the murder,” a bench of Justice Mridula Bhatkar had said.&lt;br /&gt;
&lt;br /&gt;
=Remarks by judges during hearings=&lt;br /&gt;
==2018==&lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F08%2F13&amp;amp;entity=Ar01406&amp;amp;sk=B2A238CC&amp;amp;mode=text  Dhananjay Mahapatra, PILs infecting judiciary with off-the-cuff remark fever, August 13, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Once upon a time, the Supreme Court’s stray caustic remarks during hearing of a PIL or a petition involving an important social or political issue was taken very seriously by the public, the government and the legislature. Media used to headline the comments.&lt;br /&gt;
&lt;br /&gt;
Newspapers and TV channels still headline such caustic remarks, which now fly thick and fast from the SC and HCs on a daily basis. But these have lost their salutary effect.&lt;br /&gt;
&lt;br /&gt;
An SC bench led by Justice Madan B Lokur, infuriated by the frustratingly lackadaisical approach of authorities towards proper garbage disposal, asked why not dump the garbage at Raj Niwas, the official residence of Delhi’s lieutenant governor. One may be tempted to ask, why not Rashtrapati Bhavan, since the President is the head of the country and also lives in Delhi?&lt;br /&gt;
&lt;br /&gt;
Incidents of rape, that too by those who were guardians to hapless girls who had no one to run to, made the Justice Lokur-led bench to remark that “rapes are happening left, right and centre in India”. Are they? Incidents of assault on women are on the rise and do ring alarm bells. But when the SC says rape is rampant, it surely sends a signal to the world to brand India as unsafe for women.&lt;br /&gt;
&lt;br /&gt;
The same bench, while hearing a PIL on extra-judicial killings in Manipur, summoned the director of CBI, which had been entrusted with probing the killings widely perceived to be excesses by armed forces.&lt;br /&gt;
&lt;br /&gt;
To the bench’s question why the accused had not been arrested, the director said once chargesheet was filed, it was for the court to either send them to custody or grant them bail. Noticing that chargesheets had Section 302 IPC charges, the bench remarked that “murderers are allowed to roam free”. The SC bench forgot to use ‘alleged’ before ‘murderers’ to soften its un-required punch.&lt;br /&gt;
&lt;br /&gt;
This had its adverse impact on the armed forces, whose personnel put their lives on the line in disturbed areas to allow the legislature, the executive and the judiciary to function without the fear of ultras. Moreover, it is common knowledge that an accused is presumed innocent till he is pronounced guilty. How would the SC respond if one of the accused in the chargesheet moves an application and asks since the apex court has already termed him a ‘murderer’, would he get justice from the trial court.&lt;br /&gt;
&lt;br /&gt;
The SC has been freely making remarks against the executive and, in a few cases, against the legislature. In contrast, it has been very sensitive towards comments made against judges. It did not spare sitting Calcutta HC judge C S Karnan for making it a habit to launch diatribes against Supreme Court and high court judges and sent him to jail.&lt;br /&gt;
&lt;br /&gt;
When a Rajasthan HC judge made disparaging remarks against the HC chief justice in a judicial proceeding (State of Rajasthan vs Prakash Chand [1998 (1) SCC 1]), the SC came down heavily on him for breach of discipline. It said, “It is unbecoming of a judge of HC to travel out of the confines of the issue before him and to fish out material to unjustifiably malign someone, more particularly when that someone happens to be the one who is the head of the judicial family in the HC. We most strongly deprecate this practice.” Probably, PILs allow judges to take a 360-degree view than limit themselves to the subject matter of the case in hand!&lt;br /&gt;
&lt;br /&gt;
When the SC makes caustic observations, does it spare a thought that it might be hurting those bureaucrats who honestly do their jobs but are not succeeding in achieving desired results given the enormity of problems. When the SC has the licence to make such remarks, would HCs remain far behind?&lt;br /&gt;
&lt;br /&gt;
Recently, the Uttarakhand HC made news by giving the Ganga living entity status. It also ruled that animals had rights equal to that of human beings. Just a few days ago, the HC threatened to turn the oldest tiger reserve, Corbett National Park, into a race track for cars as the government had not evicted forest-dwelling communities and had failed to protect animals.&lt;br /&gt;
&lt;br /&gt;
Given the stinging observations of the SC, no doubt intended to solve problems, attorney general K K Venugopal sounded a caution and told the bench that there should be an impact assessment of orders on PILs at the ground level. He said before passing sweeping orders, the courts must examine impact on employment, investment and morale of the workforce.&lt;br /&gt;
&lt;br /&gt;
Interestingly, the SC nearly three decades ago had made a virtue of judicial restraint. In A M Mathur vs Pramod Kumar Gupta [1990 (2) SCC 533], it had said, “Judicial restraint and discipline are as necessary to the orderly administration of justice as they are to the effectiveness of the army. “This quality in decision making is as much necessary for judges to command respect as to protect the independence of the judiciary. Judicial restraint in this regard might better be called judicial respect, that is, respect by the judiciary.&lt;br /&gt;
&lt;br /&gt;
“Respect to those who come before the court as well to other coordinate branches of the state — the executive and the legislature. There must be mutual respect. When these qualities fail or when litigants and public believe that the judge has failed in these qualities, it will be neither good for the judge not for the judicial process.&lt;br /&gt;
&lt;br /&gt;
“The judges have absolute and unchallengeable control of the court domain. But they cannot misuse their authority by intemperate comments, undignified banter or scathing criticism of counsel, parties or witnesses. We concede that the court has the inherent power to act freely upon its own conviction on any matter coming before it for adjudication, but it is a general principle of the highest importance to the proper administration of justice that derogatory remarks ought not to be made against persons or authorities whose conduct comes into consideration unless it is absolutely necessary for the decision of the case.”&lt;br /&gt;
&lt;br /&gt;
These lines, said 28 years ago, still hold good for judiciary, if it wants to command respect from the public, the executive and the legislature.&lt;br /&gt;
&lt;br /&gt;
=Sealed cover proceedings=&lt;br /&gt;
==Adopted by the SC since 2000==&lt;br /&gt;
[https://timesofindia.indiatimes.com/india/sc-has-relied-on-sealed-cover-proceedings-in-several-cases-gujarat-riots-2g-coal-scam-cbi-rafale/articleshow/66801761.cms  Dhananjay Mahapatra, SC has relied on sealed cover proceedings in several cases – Gujarat riots, 2G, coal scam, CBI &amp;amp; Rafale, November 26, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
To prevent further damage to the CBI’s public image, already sullied by incessant mudslinging between CBI director Alok Verma and his deputy Rakesh Asthana, the Supreme Court had resorted to ‘sealed cover proceedings’ while asking all parties to maintain strict confidentiality. &lt;br /&gt;
&lt;br /&gt;
After a bench led by CJI Ranjan Gogoi ordered ‘strict confidentiality’, three CBI officers had filed applications challenging their transfers out of Delhi immediately after the Centre sent both Verma and Asthana on leave. &lt;br /&gt;
&lt;br /&gt;
The last application was by an IPS officer with 18 years experience. He did little justice to his experience as a police officer by relying on ‘unverified’ statement of Hyderabad-based businessman Sathish Babu Sana to make ‘shocking’ allegations against Asthana, the CVC, the NSA, a Union minister, the law secretary and a RAW special secretary. &lt;br /&gt;
&lt;br /&gt;
The real facts behind these ‘shocking’ allegations need to be found out. We also must know what impelled the IPS officer to level these allegations when the SC through ‘sealed cover proceedings’ was scrutinising the CVC report’s which contained “not so complimentary and very uncomplimentary’ remarks against Verma. &lt;br /&gt;
&lt;br /&gt;
But the ‘sealed cover proceedings’ appears to have disturbed some, who are questioning its efficacy. The same people have expressed similar doubts over sealed cover proceedings adopted by the SC in scrutinising the Rafale deal. Since 2000, ‘sealed cover’ proceedings have been adopted by the SC in Gujarat riot cases, the 2G spectrum allocation scam and the coal block allocation scam. &lt;br /&gt;
&lt;br /&gt;
In post-Godhra riots cases, R K Raghavan headed SIT had filed several sealed cover status reports before the SC. As the SC was gunning for the Gujarat government then headed by Narendra Modi, Raghavan was hailed as an independent investigator by social activists and their activist lawyers as media reported the summary of the contents of almost every SIT report. &lt;br /&gt;
&lt;br /&gt;
One SIT report unfortunately talked about an activist peddling exaggerated stories about riot victims as also tutoring witnesses. Reporting of this SIT report caused much discomfort. The activists’ lawyer vociferously and repeatedly pleaded with the SC to initiate contempt proceedings against the reporter for revealing details of the ‘sealed cover’ report. &lt;br /&gt;
&lt;br /&gt;
In arbitrary allocation of 2G spectrum by UPA government in 2008, the SC had routinely scrutinised ‘sealed cover’ CBI probe status reports. No one questioned the efficacy of such proceedings then. &lt;br /&gt;
&lt;br /&gt;
The SC yet again adopted ‘sealed cover’ proceedings to monitor CBI probe into coal block allocations under the UPA regime. The then PM too has been made an accused in the case, though the trial against him has been stayed since 2015 by the SC. &lt;br /&gt;
&lt;br /&gt;
Before the ex-PM was made an accused, the CBI made a startling admission on April 30, 2013 — probe status reports, prior to submission to the SC, were vetted by then law minister and two joint secretary level officers, one in the PMO and the other in the coal ministry. &lt;br /&gt;
&lt;br /&gt;
On May 8, 2013, the SC recorded, “The draft status report was shared with the law minister, law officers and two joint secretary level officers and at their instance some changes were made. Some of the changes made in these draft status reports are significant.” Changes related to CBI’s PE2, which was on alleged irregularities in coal block allocations during 2006-09, when the ex-PM held the coal portfolio. &lt;br /&gt;
&lt;br /&gt;
Those who had subjugated the CBI director, illegally vetted and audaciously made vital changes in the probe status report are now vociferous while shedding crocodile tears for the danger to the CBI’s autonomy. We hope there will be constructive criticism of a decision by the court rather than nitpicking over ‘sealed cover proceedings’. &lt;br /&gt;
&lt;br /&gt;
A majority of politicians and activists behave according to the season and circumstances. Very few rise above the surroundings to work for greater common good. It reminds us of a small story: Once a king dreamt of an owl flapping around his throne. None in the durbar could decipher the dream. The king announced a handsome reward of 10 gold coins. A long distance away, a farmer resting under a tree was day-dreaming of the reward. A bird on the tree told the farmer she would share the dream’s meaning if he agreed to share the reward. Farmer agreed. Bird said betrayal and treachery rules the roost in the kingdom. The farmer told the king what the dream meant. The king found it in sync with intelligence reports. The farmer’s happiness fizzled out as soon as he neared home as the thought of giving the bird five gold coins was gnawing him. He took an alternative road home. &lt;br /&gt;
&lt;br /&gt;
A year later, the king saw another dream. A knife revolving around his throne. He sent for the farmer, who ran straight to the bird, apologised for betraying her the last time, and promised to share the booty this time. The bird said the dream meant violence would erupt in the kingdom. Satisfied with the meaning of the dream, the king gave 20 gold coins to the farmer. The man was sadder this time and working himself into a fury by repeatedly asking – what will a bird do with 10 gold coins? While heading home, he picked up a stone. As he neared the tree and the moment the bird asked for her share, the man aimed the stone at her. The bird flew away. &lt;br /&gt;
&lt;br /&gt;
Next year, the king dreamt of a dove flying around his throne and again sent for the man, who ran to the tree, and profusely apologised for his treacherous and violent actions in the past. In bargain for same promise to share the reward, the bird said this time there is peace in the kingdom and the king could take up welfare works for citizens. A happy king rewarded the farmer with 50 gold coins. The man went straight to the tree, gave all the gold coins to the bird and sought forgiveness. &lt;br /&gt;
&lt;br /&gt;
The bird smiled and said gold coins were of no use to her. But few men can rise above the surroundings and prevailing atmosphere to behave like real men, she said and told the farmer to strive to be a real man who remains uninfluenced by the atmosphere of distrust and conspiracy. Prior to every election, politicians across the political landscape behave alike and trade charges against each other with the sole aim of winning votes. We hope times will change.&lt;br /&gt;
&lt;br /&gt;
= Sentences, concurrent or consecutive?=&lt;br /&gt;
==If for non-payment of fines, then consecutive/ 2018== &lt;br /&gt;
[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F09%2F22&amp;amp;entity=Ar01612&amp;amp;sk=5F1190DB&amp;amp;mode=text  Dhananjay Mahapatra, Sentences for non-payment of fine to run consecutively: SC, September 22, 2018: ''The Times of India'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Supreme Court ruled that if a convict fails to pay the fines imposed on him for separate offences, the sentences for default in payment would run consecutively not concurrently.&lt;br /&gt;
&lt;br /&gt;
Five persons, convicted under Maharashtra Control of Organised Crime Act (MCOCA), were fined Rs 5 lakh each under three sections of MCOCA and upon default, they were to undergo imprisonment of three years for each section.&lt;br /&gt;
&lt;br /&gt;
In an appeal before a bench of Justices Abhay Manohar Sapre and Uday Umesh Lalit, senior advocate Colin Gonsalves said the cumulative fine was Rs 15 lakh and upon default, the convicts had to undergo further imprisonment of nine years, even after serving 14 years in jail. Gonsalves pleaded that the default sentences must run concurrently, that is for three years.&lt;br /&gt;
&lt;br /&gt;
Writing the judgment for the bench, Justice Lalit referred to provisions of Criminal Procedure Code and said, “The idea is clear, the default sentence is not to be merged with or allowed to run concurrently with a substantive sentence. Thus, the sentence of imprisonment for nonpayment of fine would be in excess of or in addition to the substantive sentence.”&lt;br /&gt;
&lt;br /&gt;
Explaining why the sentences should run consecutively and not concurrently, he said, “Theoretically, if the default sentences awarded in respect of imposition of fine in connection with two or more offences are to be clubbed or directed to run concurrently, there would not be any occasion for the person so sentenced to deposit the fine in respect of the second or further offences. It would effectively mean imposition of one single or combined sentence of fine. Such an exercise would render the very idea of imposition of fine with a deterrent stipulation while awarding sentence in default of payment of fine to be meaningless.”&lt;br /&gt;
&lt;br /&gt;
Referring to the case at hand, the bench said if default sentences awarded in respect of each of those three counts under MCOCA were directed to run concurrently, the accused may not be inclined to deposit fine for two of the three counts.&lt;br /&gt;
&lt;br /&gt;
=See also=&lt;br /&gt;
[[Supreme Court: India]] (mainly SC's rulings)&lt;br /&gt;
&lt;br /&gt;
[[Supreme Court, India: Administrative issues]]&lt;br /&gt;
&lt;br /&gt;
[[Supreme Court: India: Chief Justices]]&lt;br /&gt;
&lt;br /&gt;
[[Supreme Court: India: Sitting judges]]&lt;br /&gt;
&lt;br /&gt;
[[Judicial appointments, senior: India]] mainly the Collegium debate&lt;br /&gt;
&lt;br /&gt;
[[Judiciary: India (powers, functions)]]&lt;br /&gt;
&lt;br /&gt;
[[Judiciary, superior: India]]&lt;br /&gt;
&lt;br /&gt;
[[Judiciary: India]]&lt;br /&gt;
&lt;br /&gt;
[[Witness protection: India]]&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Great_Indian_Bustard</id>
		<title>Great Indian Bustard</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Great_Indian_Bustard"/>
				<updated>2019-02-17T04:59:53Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: &lt;/p&gt;
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Additional information may please be sent as messages to the Facebook &amp;lt;br/&amp;gt;community, [http://www.facebook.com/Indpaedia Indpaedia.com]. All information used will be gratefully &amp;lt;br/&amp;gt;acknowledged in your name. &lt;br /&gt;
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[[Category:India |B ]]	&lt;br /&gt;
[[Category:Fauna |B ]] &lt;br /&gt;
[[Category:Pakistan |B ]]	&lt;br /&gt;
&lt;br /&gt;
=Characteristics=&lt;br /&gt;
[https://www.wwfindia.org/about_wwf/priority_species/threatened_species/great_indian_bustard/   ''World Wildlife Fund'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The great Indian bustard can easily be distinguished by its black crown on the forehead contrasting with the pale neck and head. The body is brownish and the wings are marked with black, brown and grey. Males and females generally grow to the same height and weight but males have larger black crowns and a black band across the breast. They breed mostly during the monsoon season when females lay a single egg on open ground. Males have a gular pouch, which helps produce a resonant booming mating call to attract females and can be heard up to a distance of 500 metres. Males play no role in the incubation and care of the young, which remain with the mother till the next breeding season. These birds are opportunist eaters. Their diet ranges widely depending on the seasonal availability of food. They feed on grass seeds, insects like grasshoppers and beetles, and sometimes even small rodents and reptiles.&lt;br /&gt;
&lt;br /&gt;
= Flying into Extinction =&lt;br /&gt;
[https://www.indiatoday.in/magazine/up-front/story/20180122-great-indian-bustard-extinction-national-board-for-wildlife-thar-desert-1131357-2018-01-10#ssologin=1#source=magazine Prerna Singh Bindra , Flying into extinction “India Today” 22/1/2018]&lt;br /&gt;
&lt;br /&gt;
The death blow to the critically endangered Great Indian Bustard (GIB) may come from unexpected quarters - renewable energy projects. As 2017 drew to a close, one GIB crashed against a power transmission line, one of the few remaining that criss-cross its last stronghold- the Thar desert in Rajasthan. Its burnt, ravaged carcass was found the next day, making it the ninth GIB to be killed by a transmission line, mainly of wind power, in the past decade. In July 2017, for instance, a GIB collided with a 33 KV transmission line connected to wind turbines in Naliya, Gujarat. With fewer than 150 birds remaining in the wild, each death takes the bird closer to extinction. In such low populations, even one unnatural death can cause extinction over three generations. &lt;br /&gt;
Renewables, while critical as a clean source of energy, are not necessarily green, which is something India needs to consider as it pushes ahead with its ambitious renewable energy generation target of 175 GW by 2022, of which 160 MW is expected to be met via solar and wind energy. Worldwide, wind turbines kill between 150,000 and 320,000 birds. In Thar, a recent survey showed that five birds of various species-including endangered vultures-die per kilometre of power line every month. That translates to 18,700 birds across the landscape. Bustards are particularly vulnerable due to their narrow frontal vision-they spot the line when it's already too late. Such deaths are preventable. Low wattage power lines such as the one in Naliya can be undergrounded, and bird flight diverters on power lines have known to cut mortality by half in some European countries. But there has been little interest in India, either on the part of the power companies or the state to instal these due to the high costs involved.&lt;br /&gt;
&lt;br /&gt;
Beyond the carnage, there is also the loss of habitat, solar and wind power being very land intensive. Prime bustard habitats between Naliya and Bitta in Kutch as well as the two main populations in Thar-in the northern part of the Desert National Park and the other at the Pokhran Field Firing Range-are packed with transmission lines and wind and solar power projects. Recognising the threat, the National Green Tribunal has passed an interim order barring new wind projects around the Desert National Park.&lt;br /&gt;
&lt;br /&gt;
The way forward is decentralised renewable energy, harnessed by mini grids. Solar panels on rooftops need to replace the heavily polluting diesel generators that add to Delhi NCR's pollution burden and most residential colonies and corporate houses rely on.&lt;br /&gt;
&lt;br /&gt;
Power lines are just one among the many threats the GIBs face. The bird has vanished from nearly 95 per cent of its historical range. Its habitat has been lost to roads, highways, mining, canals-as well as 'greening' projects that transform arid grasslands to wooded areas, rendering them hostile to the GIB. The Great Indian Bustard is endemic to India. In fact, it was to become our national bird but for the worry that its name might be misspelt! A few birds have been recorded in Pakistan-they fly between the two countries as they inhabit border regions-but hunting is a major concern here. One study shows that of the 63 birds sighted in four years (2001-04), 49 were poached. Better coordination between both countries has been suggested by forests officials and conservationists on both sides of the border. Another need of the hour to save the GIB is coordination with the army. As per sources, about half of the GIB's hundred-odd population in Thar resides within the field firing range in Pokhran. While the firing and explosives tested here remain a threat, what the GIB gets here-this being a protected army enclosure-is habitat undisturbed by mining, roads or other anthropogenic pressures. The forest department in Rajasthan has sought permission from the army for joint monitoring of the GIB.&lt;br /&gt;
&lt;br /&gt;
It's only apt that both India's 'green army' and the one that protects its borders work together to protect the nation's endangered natural heritage from imminent extinction.&lt;br /&gt;
&lt;br /&gt;
=Location=&lt;br /&gt;
[https://www.thehindu.com/children/fight-for-survival/article26011813.ece  Shrishtee Bajpai, January 17, 2019: ''The Hindu'']&lt;br /&gt;
&lt;br /&gt;
[[File: Rare sighting- Shy and elusive bird- Great Indian Bustard.jpg|Rare sighting- Shy and elusive bird: Great Indian Bustard &amp;lt;br/&amp;gt; From: [https://www.thehindu.com/children/fight-for-survival/article26011813.ece  Shrishtee Bajpai, January 17, 2019: ''The Hindu'']|frame|500px]] &lt;br /&gt;
&lt;br /&gt;
The GIB prefers grasslands ecosystem to survive (the most threatened and neglected ecosystem). But, their primary habitat is being diverted for industries, mining, and intensive agricultural practices. With a meagre population of 150 GIB’s remaining, we must act urgently to protect their habitat — the grasslands.&lt;br /&gt;
&lt;br /&gt;
==Rajasthan: Desert National Park==&lt;br /&gt;
[https://www.thehindu.com/children/fight-for-survival/article26011813.ece  Shrishtee Bajpai, January 17, 2019: ''The Hindu'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Great Indian Bustard is one of the heaviest flying birds. Sadly, it is now on the endangered list as more and more of its habitat is disappearing.&lt;br /&gt;
&lt;br /&gt;
A desert teeming with wildlife, including a bird almost as tall as a human? I could never imagine this, till I got the chance to go to Desert National Park near Jaisalmer, Rajasthan. Spread over 3000 sq km, this Park hosts one of the heaviest flying birds in the world — the endangered Great Indian Bustard (GIB), besides other wild animals.&lt;br /&gt;
&lt;br /&gt;
It was my first visit to a desert ecosystem, full of sand and stones. Incredibly, this National Park has fossil evidence dating back to the Jurassic Period (180 million years ago) when it apparently had a hot and humid climate characterised by dense forests … so different from now!&lt;br /&gt;
&lt;br /&gt;
After almost missing on sighting the desert cat, we were more alert when it came to look for the GIB. Meanwhile, we came across many raptors (birds of prey) perched on distant trees or soaring above us.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''A sighting'''&lt;br /&gt;
&lt;br /&gt;
Back in our guest house before the evening safari, our afternoon rest was pleasantly interrupted when a friend signalled to come out and pointed to a spiny-tailed lizard feeding on the shrubs. We noticed its stout tail with numerous protective spines. In a couple of minutes, it became aware of us and quickly ran into its burrow, a hole in the sand. We kept waiting for Mr. Spiny to come out but it wasn’t in the mood. Locally called sanda, they are significant prey for mammals and many raptors. However, due to excessive poaching (some people think their oil has medicinal properties!) they are threatened.&lt;br /&gt;
&lt;br /&gt;
Even after such extraordinary sightings, we were looking forward to spotting the GIB. It was almost at the end of our evening safari and we had heard enough bustard tales, but had as yet no sighting. I was quite anxious, imagining how I should position my camera that I could get the best shot of this shy bird. All of us were distracted when our guide whispered ‘bustard’. Sure enough, we sighted one but as we got close, it flew away before I could take a picture. Our return to the rest house was filled with high anticipation as we hoped to spot another GIB. Unfortunately, it did not happen. But, I was still happy to get a glimpse of a species that might be the next bird on the list to become extinct in India.&lt;br /&gt;
&lt;br /&gt;
=Population=&lt;br /&gt;
==2014: less than 200==&lt;br /&gt;
''' Great Indian Bustard flying into extinction '''&lt;br /&gt;
&lt;br /&gt;
Saswati Mukherjee [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Great-Indian-Bustard-flying-into-extinction-17112014011014 ''The Times of India''] Nov 17 2014&lt;br /&gt;
Bengaluru:&lt;br /&gt;
&lt;br /&gt;
[[File: The shrinking numbers of Great Indian Bustard signal an impending environmental disaster.jpg|The shrinking numbers of Great Indian Bustard signal an impending environmental disaster; &amp;lt;br/&amp;gt; From: Saswati Mukherjee [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Great-Indian-Bustard-flying-into-extinction-17112014011014 ''The Times of India''] Nov 17 2014|frame|500px]] &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''RAMPANT POACHING &amp;amp; HABITAT LOSS MAKE BIRDS VANISH FROM COUNTRY'''&lt;br /&gt;
&lt;br /&gt;
''Less Than 200 Left, Figure In Endangered List''&lt;br /&gt;
&lt;br /&gt;
The majestic Great Indian Bustards (GIBs) are vanishing from sight and their dwindling numbers have put them in the International Union for Conservation of Nature’s (IUCN) critically endangered category (red list). According to estimates, less than 200 GIBs are left in the country now.&lt;br /&gt;
&lt;br /&gt;
A huge bird with a horizontal body and long, bare legs, the GIB looks like an ostrich. Among the heaviest of flying birds, they were once endemic to the dry plains of India, abundantly found in the Ranebennur region of central Karnataka. Their population has dwindled significantly because of habitat loss and rampant poaching.&lt;br /&gt;
&lt;br /&gt;
“GIBs are shrinking by the day; their count has fallen below the 200 mark,” says Mohammed Esmail Dilawar, president and founder, Nature Forever Society, Maharashtra.&lt;br /&gt;
&lt;br /&gt;
S Subramanya, scientist and senior faculty member at University of Agricultural Sciences (UAS), says: “Grasslands in the state are being converted to agriculturally fit land and pressure from real-estate development is immense too. Habitat loss is the obvious consequence.” Experts say a vibrant GIB population is reflective of a healthy ecosystem. The bird’s shrinking numbers signal an impending environmental disaster, they warn. “GIBs are an indicator of a healthy grassland ecosystem,” says Sujit Narwade, project scientist, Bombay Natural History Society. “Grasslands as a forest category support biodiversity dependent on it, ranging from termites and spiders to insects and wolves. Unfortunately, they are usually considered wastelands. Many species exist in the food web and food chain in grassland ecosystems. If one is allowed to vanish, other species too will unknowingly disappear.” Maharashtra, Andhra Pradesh and Karnataka have an estimated population of 10-15 birds each; they can still be spotted in the existing bustard ranges. Gujarat and Rajasthan support a higher number of bustards.&lt;br /&gt;
&lt;br /&gt;
In 2012, the drastic fall in the population of Indian bustards, their endangered status and the decline of grasslands prompted the ministry of environment and forests to draft a species recovery programme for them. Each bustard range state developed site-specific conservation plans, but their implementation has floundered, including of the one in Karnataka.&lt;br /&gt;
&lt;br /&gt;
==2019/ 50 left in the wild==&lt;br /&gt;
[https://www.thehindu.com/news/national/other-states/rajasthans-state-bird-may-be-extinct-soon/article26030943.ece  Mohammed Iqbal, Only 50 Great Indian Bustards left in the wild, no action on plan to save them, January 18, 2019: ''The Hindu'']&lt;br /&gt;
&lt;br /&gt;
[[File: Going, going...- The Great Indian Bustard.jpg|Going, going...- The Great Indian Bustard &amp;lt;br/&amp;gt; From: [https://www.thehindu.com/news/national/other-states/rajasthans-state-bird-may-be-extinct-soon/article26030943.ece  Mohammed Iqbal, Only 50 Great Indian Bustards left in the wild, no action on plan to save them, January 18, 2019: ''The Hindu'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Almost two years after the Rajasthan government proposed setting up of captive breeding centres for the Great Indian Bustards to boost their wild population, the wildlife activists here have called for enforcement of recovery plan for the country’s most critically endangered bird. The GIB’s last remnant wild population of about 50 in Jaisalmer district accounts for 95% of its total world population.&lt;br /&gt;
&lt;br /&gt;
No progress has been made on the proposal for establishing a captive breeding centre at Sorsan in Kota district and a hatchery in Jaisalmer’s Mokhala village for conservation of the State bird of Rajasthan. The previous BJP regime had taken up the work in 2017 after the Union Ministry of Environment, Forest and Climate Change sanctioned ₹33.85 crore to facilitate the two centres and authorised the Wildlife Institute of India to be its scientific arm.&lt;br /&gt;
&lt;br /&gt;
A group of wildlife activists, who met Rajasthan Minister of State for Environment &amp;amp; Forest Sukh Ram Bishnoi, offered to formulate an emergency action plan for conservation of GIB in order to help the State government tackle the issue methodically.&lt;br /&gt;
&lt;br /&gt;
Tourism &amp;amp; Wildlife Society of Indian honorary secretary Harsh Vardhan, who was among those who met Mr. Bishnoi, said the decisions after the launch of the Project Bustard in 2013 had not been followed up for five years. “The forest officers have concentrated solely on tiger, which has done well. The tiger population is settling outside the Ranthambhore reserve... Two females recently gave litters in scrub areas dominated by human settlements,” he said.&lt;br /&gt;
&lt;br /&gt;
Other members of the group were Sariska Foundation secretary Dinesh Durrani and former Chief Wildlife Warden R.N. Mehrotra.&lt;br /&gt;
&lt;br /&gt;
The group pointed out that the WII had not nominated any scientist to work exclusively on GIB in the State despite the related issues discussed at a meeting held here in April 2017 to decide for setting up the conservation breeding centres. “No progress has been made on land allotment or deputing a scientists abroad to get the breeding training,” the members told the Minister.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''Incubation unit'''&lt;br /&gt;
&lt;br /&gt;
Mr. Vardhan said the group had suggested to the Minister that an incubation unit be set up at Jaisalmer district’s Sudasri — considered the sanctum sanctorum of the Desert National Park — so as to step up recruitment rate of the critically endangered species. “This can be done within a few weeks, whereas the breeding centres will take time,” he said.&lt;br /&gt;
&lt;br /&gt;
Mr. Bishnoi told the group that he would visit the DNP after the ongoing session of the State Assembly was over and convene a meeting of WII, forest officers and wildlife activists to take the GIB programme forward. He agreed that the endangered bird should get the highest priority in the conservation plans.&lt;br /&gt;
&lt;br /&gt;
=Status=&lt;br /&gt;
[https://www.wwfindia.org/about_wwf/priority_species/threatened_species/great_indian_bustard/   ''World Wildlife Fund'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Listed in Schedule I of the Indian Wildlife (Protection)Act, 1972, in the CMS Convention and in Appendix I of CITES, as Critically Endangered on the IUCN Red List and the National Wildlife Action Plan (2002-2016). It has also been identified as one of the species for the recovery programme under the Integrated Development of Wildlife Habitats of the Ministry of Environment and Forests, Government of India.&lt;br /&gt;
&lt;br /&gt;
=Threats=&lt;br /&gt;
==Hunting==&lt;br /&gt;
[https://www.wwfindia.org/about_wwf/priority_species/threatened_species/great_indian_bustard/   ''World Wildlife Fund'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The biggest threat to this species is hunting, which is still prevalent in Pakistan. This is followed by occasional poaching outside Protected Areas, collisions with high tension electric wires, fast moving vehicles and free-ranging dogs in villages. Other threats include habitat loss and alteration as a result of widespread agricultural expansion and mechanized farming, infrastructural development such as irrigation, roads, electric poles, as well as mining and industrialization.&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

	<entry>
		<id>http://103.153.58.85/ind/index.php/Great_Indian_Bustard</id>
		<title>Great Indian Bustard</title>
		<link rel="alternate" type="text/html" href="http://103.153.58.85/ind/index.php/Great_Indian_Bustard"/>
				<updated>2019-02-17T04:58:37Z</updated>
		
		<summary type="html">&lt;p&gt;Shivam: /* Characteristics */&lt;/p&gt;
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[[Category:India |B ]]	&lt;br /&gt;
[[Category:Fauna |B ]] &lt;br /&gt;
[[Category:Pakistan |B ]]	&lt;br /&gt;
&lt;br /&gt;
=Characteristics=&lt;br /&gt;
[https://www.wwfindia.org/about_wwf/priority_species/threatened_species/great_indian_bustard/   ''World Wildlife Fund'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The great Indian bustard can easily be distinguished by its black crown on the forehead contrasting with the pale neck and head. The body is brownish and the wings are marked with black, brown and grey. Males and females generally grow to the same height and weight but males have larger black crowns and a black band across the breast. They breed mostly during the monsoon season when females lay a single egg on open ground. Males have a gular pouch, which helps produce a resonant booming mating call to attract females and can be heard up to a distance of 500 metres. Males play no role in the incubation and care of the young, which remain with the mother till the next breeding season. These birds are opportunist eaters. Their diet ranges widely depending on the seasonal availability of food. They feed on grass seeds, insects like grasshoppers and beetles, and sometimes even small rodents and reptiles.&lt;br /&gt;
&lt;br /&gt;
= Flying into extinction =&lt;br /&gt;
[https://www.indiatoday.in/magazine/up-front/story/20180122-great-indian-bustard-extinction-national-board-for-wildlife-thar-desert-1131357-2018-01-10#ssologin=1#source=magazine Prerna Singh Bindra , Flying into extinction “India Today” 22/1/2018]&lt;br /&gt;
&lt;br /&gt;
The death blow to the critically endangered Great Indian Bustard (GIB) may come from unexpected quarters - renewable energy projects. As 2017 drew to a close, one GIB crashed against a power transmission line, one of the few remaining that criss-cross its last stronghold- the Thar desert in Rajasthan. Its burnt, ravaged carcass was found the next day, making it the ninth GIB to be killed by a transmission line, mainly of wind power, in the past decade. In July 2017, for instance, a GIB collided with a 33 KV transmission line connected to wind turbines in Naliya, Gujarat. With fewer than 150 birds remaining in the wild, each death takes the bird closer to extinction. In such low populations, even one unnatural death can cause extinction over three generations. &lt;br /&gt;
Renewables, while critical as a clean source of energy, are not necessarily green, which is something India needs to consider as it pushes ahead with its ambitious renewable energy generation target of 175 GW by 2022, of which 160 MW is expected to be met via solar and wind energy. Worldwide, wind turbines kill between 150,000 and 320,000 birds. In Thar, a recent survey showed that five birds of various species-including endangered vultures-die per kilometre of power line every month. That translates to 18,700 birds across the landscape. Bustards are particularly vulnerable due to their narrow frontal vision-they spot the line when it's already too late. Such deaths are preventable. Low wattage power lines such as the one in Naliya can be undergrounded, and bird flight diverters on power lines have known to cut mortality by half in some European countries. But there has been little interest in India, either on the part of the power companies or the state to instal these due to the high costs involved.&lt;br /&gt;
&lt;br /&gt;
Beyond the carnage, there is also the loss of habitat, solar and wind power being very land intensive. Prime bustard habitats between Naliya and Bitta in Kutch as well as the two main populations in Thar-in the northern part of the Desert National Park and the other at the Pokhran Field Firing Range-are packed with transmission lines and wind and solar power projects. Recognising the threat, the National Green Tribunal has passed an interim order barring new wind projects around the Desert National Park.&lt;br /&gt;
&lt;br /&gt;
The way forward is decentralised renewable energy, harnessed by mini grids. Solar panels on rooftops need to replace the heavily polluting diesel generators that add to Delhi NCR's pollution burden and most residential colonies and corporate houses rely on.&lt;br /&gt;
&lt;br /&gt;
Power lines are just one among the many threats the GIBs face. The bird has vanished from nearly 95 per cent of its historical range. Its habitat has been lost to roads, highways, mining, canals-as well as 'greening' projects that transform arid grasslands to wooded areas, rendering them hostile to the GIB. The Great Indian Bustard is endemic to India. In fact, it was to become our national bird but for the worry that its name might be misspelt! A few birds have been recorded in Pakistan-they fly between the two countries as they inhabit border regions-but hunting is a major concern here. One study shows that of the 63 birds sighted in four years (2001-04), 49 were poached. Better coordination between both countries has been suggested by forests officials and conservationists on both sides of the border. Another need of the hour to save the GIB is coordination with the army. As per sources, about half of the GIB's hundred-odd population in Thar resides within the field firing range in Pokhran. While the firing and explosives tested here remain a threat, what the GIB gets here-this being a protected army enclosure-is habitat undisturbed by mining, roads or other anthropogenic pressures. The forest department in Rajasthan has sought permission from the army for joint monitoring of the GIB.&lt;br /&gt;
&lt;br /&gt;
It's only apt that both India's 'green army' and the one that protects its borders work together to protect the nation's endangered natural heritage from imminent extinction.&lt;br /&gt;
&lt;br /&gt;
=Location=&lt;br /&gt;
[https://www.thehindu.com/children/fight-for-survival/article26011813.ece  Shrishtee Bajpai, January 17, 2019: ''The Hindu'']&lt;br /&gt;
&lt;br /&gt;
[[File: Rare sighting- Shy and elusive bird- Great Indian Bustard.jpg|Rare sighting- Shy and elusive bird: Great Indian Bustard &amp;lt;br/&amp;gt; From: [https://www.thehindu.com/children/fight-for-survival/article26011813.ece  Shrishtee Bajpai, January 17, 2019: ''The Hindu'']|frame|500px]] &lt;br /&gt;
&lt;br /&gt;
The GIB prefers grasslands ecosystem to survive (the most threatened and neglected ecosystem). But, their primary habitat is being diverted for industries, mining, and intensive agricultural practices. With a meagre population of 150 GIB’s remaining, we must act urgently to protect their habitat — the grasslands.&lt;br /&gt;
&lt;br /&gt;
==Rajasthan: Desert National Park==&lt;br /&gt;
[https://www.thehindu.com/children/fight-for-survival/article26011813.ece  Shrishtee Bajpai, January 17, 2019: ''The Hindu'']&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
The Great Indian Bustard is one of the heaviest flying birds. Sadly, it is now on the endangered list as more and more of its habitat is disappearing.&lt;br /&gt;
&lt;br /&gt;
A desert teeming with wildlife, including a bird almost as tall as a human? I could never imagine this, till I got the chance to go to Desert National Park near Jaisalmer, Rajasthan. Spread over 3000 sq km, this Park hosts one of the heaviest flying birds in the world — the endangered Great Indian Bustard (GIB), besides other wild animals.&lt;br /&gt;
&lt;br /&gt;
It was my first visit to a desert ecosystem, full of sand and stones. Incredibly, this National Park has fossil evidence dating back to the Jurassic Period (180 million years ago) when it apparently had a hot and humid climate characterised by dense forests … so different from now!&lt;br /&gt;
&lt;br /&gt;
After almost missing on sighting the desert cat, we were more alert when it came to look for the GIB. Meanwhile, we came across many raptors (birds of prey) perched on distant trees or soaring above us.&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''A sighting'''&lt;br /&gt;
&lt;br /&gt;
Back in our guest house before the evening safari, our afternoon rest was pleasantly interrupted when a friend signalled to come out and pointed to a spiny-tailed lizard feeding on the shrubs. We noticed its stout tail with numerous protective spines. In a couple of minutes, it became aware of us and quickly ran into its burrow, a hole in the sand. We kept waiting for Mr. Spiny to come out but it wasn’t in the mood. Locally called sanda, they are significant prey for mammals and many raptors. However, due to excessive poaching (some people think their oil has medicinal properties!) they are threatened.&lt;br /&gt;
&lt;br /&gt;
Even after such extraordinary sightings, we were looking forward to spotting the GIB. It was almost at the end of our evening safari and we had heard enough bustard tales, but had as yet no sighting. I was quite anxious, imagining how I should position my camera that I could get the best shot of this shy bird. All of us were distracted when our guide whispered ‘bustard’. Sure enough, we sighted one but as we got close, it flew away before I could take a picture. Our return to the rest house was filled with high anticipation as we hoped to spot another GIB. Unfortunately, it did not happen. But, I was still happy to get a glimpse of a species that might be the next bird on the list to become extinct in India.&lt;br /&gt;
&lt;br /&gt;
=Population=&lt;br /&gt;
==2014: less than 200==&lt;br /&gt;
''' Great Indian Bustard flying into extinction '''&lt;br /&gt;
&lt;br /&gt;
Saswati Mukherjee [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Great-Indian-Bustard-flying-into-extinction-17112014011014 ''The Times of India''] Nov 17 2014&lt;br /&gt;
Bengaluru:&lt;br /&gt;
&lt;br /&gt;
[[File: The shrinking numbers of Great Indian Bustard signal an impending environmental disaster.jpg|The shrinking numbers of Great Indian Bustard signal an impending environmental disaster; &amp;lt;br/&amp;gt; From: Saswati Mukherjee [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&amp;amp;articlexml=Great-Indian-Bustard-flying-into-extinction-17112014011014 ''The Times of India''] Nov 17 2014|frame|500px]] &lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
'''RAMPANT POACHING &amp;amp; HABITAT LOSS MAKE BIRDS VANISH FROM COUNTRY'''&lt;br /&gt;
&lt;br /&gt;
''Less Than 200 Left, Figure In Endangered List''&lt;br /&gt;
&lt;br /&gt;
The majestic Great Indian Bustards (GIBs) are vanishing from sight and their dwindling numbers have put them in the International Union for Conservation of Nature’s (IUCN) critically endangered category (red list). According to estimates, less than 200 GIBs are left in the country now.&lt;br /&gt;
&lt;br /&gt;
A huge bird with a horizontal body and long, bare legs, the GIB looks like an ostrich. Among the heaviest of flying birds, they were once endemic to the dry plains of India, abundantly found in the Ranebennur region of central Karnataka. Their population has dwindled significantly because of habitat loss and rampant poaching.&lt;br /&gt;
&lt;br /&gt;
“GIBs are shrinking by the day; their count has fallen below the 200 mark,” says Mohammed Esmail Dilawar, president and founder, Nature Forever Society, Maharashtra.&lt;br /&gt;
&lt;br /&gt;
S Subramanya, scientist and senior faculty member at University of Agricultural Sciences (UAS), says: “Grasslands in the state are being converted to agriculturally fit land and pressure from real-estate development is immense too. Habitat loss is the obvious consequence.” Experts say a vibrant GIB population is reflective of a healthy ecosystem. The bird’s shrinking numbers signal an impending environmental disaster, they warn. “GIBs are an indicator of a healthy grassland ecosystem,” says Sujit Narwade, project scientist, Bombay Natural History Society. “Grasslands as a forest category support biodiversity dependent on it, ranging from termites and spiders to insects and wolves. Unfortunately, they are usually considered wastelands. Many species exist in the food web and food chain in grassland ecosystems. If one is allowed to vanish, other species too will unknowingly disappear.” Maharashtra, Andhra Pradesh and Karnataka have an estimated population of 10-15 birds each; they can still be spotted in the existing bustard ranges. Gujarat and Rajasthan support a higher number of bustards.&lt;br /&gt;
&lt;br /&gt;
In 2012, the drastic fall in the population of Indian bustards, their endangered status and the decline of grasslands prompted the ministry of environment and forests to draft a species recovery programme for them. Each bustard range state developed site-specific conservation plans, but their implementation has floundered, including of the one in Karnataka.&lt;br /&gt;
&lt;br /&gt;
==2019/ 50 left in the wild==&lt;br /&gt;
[https://www.thehindu.com/news/national/other-states/rajasthans-state-bird-may-be-extinct-soon/article26030943.ece  Mohammed Iqbal, Only 50 Great Indian Bustards left in the wild, no action on plan to save them, January 18, 2019: ''The Hindu'']&lt;br /&gt;
&lt;br /&gt;
[[File: Going, going...- The Great Indian Bustard.jpg|Going, going...- The Great Indian Bustard &amp;lt;br/&amp;gt; From: [https://www.thehindu.com/news/national/other-states/rajasthans-state-bird-may-be-extinct-soon/article26030943.ece  Mohammed Iqbal, Only 50 Great Indian Bustards left in the wild, no action on plan to save them, January 18, 2019: ''The Hindu'']|frame|500px]]&lt;br /&gt;
&lt;br /&gt;
&lt;br /&gt;
Almost two years after the Rajasthan government proposed setting up of captive breeding centres for the Great Indian Bustards to boost their wild population, the wildlife activists here have called for enforcement of recovery plan for the country’s most critically endangered bird. The GIB’s last remnant wild population of about 50 in Jaisalmer district accounts for 95% of its total world population.&lt;br /&gt;
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No progress has been made on the proposal for establishing a captive breeding centre at Sorsan in Kota district and a hatchery in Jaisalmer’s Mokhala village for conservation of the State bird of Rajasthan. The previous BJP regime had taken up the work in 2017 after the Union Ministry of Environment, Forest and Climate Change sanctioned ₹33.85 crore to facilitate the two centres and authorised the Wildlife Institute of India to be its scientific arm.&lt;br /&gt;
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A group of wildlife activists, who met Rajasthan Minister of State for Environment &amp;amp; Forest Sukh Ram Bishnoi, offered to formulate an emergency action plan for conservation of GIB in order to help the State government tackle the issue methodically.&lt;br /&gt;
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Tourism &amp;amp; Wildlife Society of Indian honorary secretary Harsh Vardhan, who was among those who met Mr. Bishnoi, said the decisions after the launch of the Project Bustard in 2013 had not been followed up for five years. “The forest officers have concentrated solely on tiger, which has done well. The tiger population is settling outside the Ranthambhore reserve... Two females recently gave litters in scrub areas dominated by human settlements,” he said.&lt;br /&gt;
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Other members of the group were Sariska Foundation secretary Dinesh Durrani and former Chief Wildlife Warden R.N. Mehrotra.&lt;br /&gt;
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The group pointed out that the WII had not nominated any scientist to work exclusively on GIB in the State despite the related issues discussed at a meeting held here in April 2017 to decide for setting up the conservation breeding centres. “No progress has been made on land allotment or deputing a scientists abroad to get the breeding training,” the members told the Minister.&lt;br /&gt;
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'''Incubation unit'''&lt;br /&gt;
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Mr. Vardhan said the group had suggested to the Minister that an incubation unit be set up at Jaisalmer district’s Sudasri — considered the sanctum sanctorum of the Desert National Park — so as to step up recruitment rate of the critically endangered species. “This can be done within a few weeks, whereas the breeding centres will take time,” he said.&lt;br /&gt;
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Mr. Bishnoi told the group that he would visit the DNP after the ongoing session of the State Assembly was over and convene a meeting of WII, forest officers and wildlife activists to take the GIB programme forward. He agreed that the endangered bird should get the highest priority in the conservation plans.&lt;br /&gt;
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=Status=&lt;br /&gt;
[https://www.wwfindia.org/about_wwf/priority_species/threatened_species/great_indian_bustard/   ''World Wildlife Fund'']&lt;br /&gt;
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Listed in Schedule I of the Indian Wildlife (Protection)Act, 1972, in the CMS Convention and in Appendix I of CITES, as Critically Endangered on the IUCN Red List and the National Wildlife Action Plan (2002-2016). It has also been identified as one of the species for the recovery programme under the Integrated Development of Wildlife Habitats of the Ministry of Environment and Forests, Government of India.&lt;br /&gt;
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=Threats=&lt;br /&gt;
==Hunting==&lt;br /&gt;
[https://www.wwfindia.org/about_wwf/priority_species/threatened_species/great_indian_bustard/   ''World Wildlife Fund'']&lt;br /&gt;
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The biggest threat to this species is hunting, which is still prevalent in Pakistan. This is followed by occasional poaching outside Protected Areas, collisions with high tension electric wires, fast moving vehicles and free-ranging dogs in villages. Other threats include habitat loss and alteration as a result of widespread agricultural expansion and mechanized farming, infrastructural development such as irrigation, roads, electric poles, as well as mining and industrialization.&lt;/div&gt;</summary>
		<author><name>Shivam</name></author>	</entry>

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