Judicial freedom at stake

by confuzzled dude Sun Jun 29, 2014 10:41 pm

"Once the Supreme Court has nominated a person to be a judge of the Court, it is the constitutional duty of the Court to protect and defend the nomination. As soon as the Supreme Court read rumours that the government was going to veto Gopal Subramanium's name, it could have scorched the rumours by publicly stating that: "No such file has been received by the Supreme Court." It was the Prime Minister's duty, and Arun Jaitley or Ravi Shankar Prasad's duty - whatever their portfolios - to clarify the government has sent no such veto.

Clearly, higher-ups in the government had inspired these leaks and simply sat back to watch the character assassination of a future judge. Finally, it was the President's responsibility under Article 78 to ask why three names out of the four were being sent to him for a warrant of appointment. Article 78 empowers the President to send back a file for reconsideration. Therefore the Supreme Court, the Prime Minister and the President have failed in their requisite duties to allow a situation to be perpetuated, whereby Gopal's trust deficit was being mauled.

If future appointments are going to be made in this manner, the entire process will be vitiated. In this case, the rumours about Gopal were totally unfounded. It is as if Modi's hounds made malicious leaks to the media and everyone just sat back and watched the show. Ringside seats were given to the PM, the Law Minister and, alas, Chief Justice R.M. Lodha. A judge proposed for the highest judicial appointment in the Supreme Court cannot be forced to play hide and seek with the media. Gopal did not ask for this appointment, the Supreme Court invited him to consent to one. Hereafter judges will be appointed subject to Modi's pleasure."

http://indiatoday.intoday.in/story/judicial-freedom-at-stake-says-rajeev-dhavan/1/369166.html

by Marathadi-Saamiyaar Sun Jun 29, 2014 10:57 pm

The fault lies with the Cong(i) that INTENTIONALLY approved these (and Army Chief) nominations just days before getting out - knowing full well they were losing the elections. That alone shows that these nominations were intentionally anti-BJP/NDA.

I would not have liked NDA/BJP interference but opposition to these nominations is fully justified and a good slap in the face of the Cong(i).

by confuzzled dude Sun Jun 29, 2014 11:18 pm

Marathadi-Saamiyaar wrote:

The fault lies with the Cong(i) that INTENTIONALLY approved these (and Army Chief) nominations just days before getting out - knowing full well they were losing the elections. That alone shows that these nominations were intentionally anti-BJP/NDA.

I would not have liked NDA/BJP interference but opposition to these nominations is fully justified and a good slap in the face of the Cong(i).

That's right even a murder in broad daylight by Modiji's Sarkar is legally justified. If NDA is committing the same mistakes as UPA (be it is forcing governors out or nominating judges) what good are they? They're being a copycat have shown no originality thus far

by Marathadi-Saamiyaar Sun Jun 29, 2014 11:32 pm

confuzzled dude wrote:
Marathadi-Saamiyaar wrote:

The fault lies with the Cong(i) that INTENTIONALLY approved these (and Army Chief) nominations just days before getting out - knowing full well they were losing the elections. That alone shows that these nominations were intentionally anti-BJP/NDA.

I would not have liked NDA/BJP interference but opposition to these nominations is fully justified and a good slap in the face of the Cong(i).
That's right even a murder in broad daylight by Modiji's Sarkar is legally justified. If NDA is committing the same mistakes as UPA (be it is forcing governors out or nominating judges) what good are they? They're being a copycat have shown no originality thus far

Sorry CD. I am no Gandhi or Jesus. My philosophy is fairness only towards people who are fair and democracy only for those who respect democracy. You play dirty, then I reserve my right to play dirty - that is my real life philosophy as well.

by confuzzled dude Mon Jun 30, 2014 6:39 am

Marathadi-Saamiyaar wrote:
confuzzled dude wrote:
Marathadi-Saamiyaar wrote:

The fault lies with the Cong(i) that INTENTIONALLY approved these (and Army Chief) nominations just days before getting out - knowing full well they were losing the elections. That alone shows that these nominations were intentionally anti-BJP/NDA.

I would not have liked NDA/BJP interference but opposition to these nominations is fully justified and a good slap in the face of the Cong(i).
That's right even a murder in broad daylight by Modiji's Sarkar is legally justified. If NDA is committing the same mistakes as UPA (be it is forcing governors out or nominating judges) what good are they? They're being a copycat have shown no originality thus far

Sorry CD. I am no Gandhi or Jesus. My philosophy is fairness only towards people who are fair and democracy only for those who respect democracy. You play dirty, then I reserve my right to play dirty - that is my real life philosophy as well.

You see the irony in your statement?

by b_A Mon Jun 30, 2014 12:41 pm

They are recalling the governors appointed by previous govts. They are reversing the appointment of previous govt. My grouse is that they have taken a stand against renaming the numerous schemes, places etc. I want the Hyderabad airport name to be changed from Rajiv Gandhi airport. Rajiv Gandhi has no connection to Hyderabad airport except the public humiliation of Anjiah.

by confuzzled dude Tue Jul 01, 2014 7:34 pm

New Delhi: Chief Justice of India R.M. Lodha on Tuesday criticised the government’s decision to drop the name of former solicitor-general Gopal Subramanium from the panel of four names recommended by the collegium headed by him for appointment as Supreme Court judges.

“I fail to understand how the appointment to a high constitutional post has been dealt with in a casual manner. The segregation of Gopal Subramanium’s file was done unilaterally, without my knowledge and concurrence, which was not proper," he said.

"I want to put the record straight. It (independence of the judiciary) is non-negotiable. At no cost (will) the independence of judiciary be compromised. I will not hold my office if I see the institution of the judiciary has been compromised," he said. "I promise 1.2 billion people of India that the independence of the judiciary will not be compromised."

http://www.deccanchronicle.com/140702/nation-current-affairs/article/chief-justice-india-raps-centre-axing-gopal-subramanium

-> Weren't a couple of SuCHers worried that Indira style dictatorial tendencies might pop up every now and then, did they expect them to happen so early in the game?

by Kayalvizhi Tue Jul 01, 2014 8:09 pm

b_A wrote: I want the Hyderabad airport name to be changed from Rajiv Gandhi airport.

I want the names of Rajiv, Lal Bahadur, Gulzarilal Nanda, Vajpayee, Baktavatsalam removed from street and building names in Indian oocupied Tamil Nadu

by confuzzled dude Wed Jul 02, 2014 9:05 pm

A month on, it’s been more missteps than future-nomics by Modi govt:
* Concentration of portfolios in the hands of PM Modi, a few others has led to speculation of a ‘hidden agenda’
* Govt inflexibility on LoP, speaker issue opens charges that it’s looking to steamroll through appointments
* An independent CBI looks a pipe dream again as NDA nixes postings
* A-G appointment, SC judges posting dispute points to more of the same
* Pushing Hindi on govt depts raises hackles of the south states

While everyone applauded the decision to invite SAARC leaders to the swearing-in (incidentally, our most expensive one till date) and the prime minister’s first foreign visit to Bhutan, questions are also being raised as to why the trip was so urgent when the government was barely a fortnight old and is yet to start functioning fully. Didn’t the two leaders just meet in New Delhi last month?

British anthropologist deported: The deportation of British anthropologist, Dr Penny Vera-Sanso, from Birkbeck, London University, has caused ripples in academic circles. Dr Vera-Sanso has been visiting India since 1990 and her work is on “ageing and poverty”. But when she arrived at Hyderabad on June 8 to attend an international seminar, immigration officials deported her on instructions from New Delhi. Academics in touch with the scholar claimed she was pointedly asked whether she had visited Ahmedabad in March this year and whether she had put up a photo exhibition on the aged there.

http://www.outlookindia.com/article/Sorry-No-Change/291199

by truthbetold Wed Jul 02, 2014 9:14 pm

When is outlook going to declare emergency in India?

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