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Court vs Government

-Economic and Political Weekly Independence of the judiciary is not the issue in the current stand-off; it is control over appointments. The decision of the Supreme Court striking down the Constitution 99th Amendment and the National Judicial Appointments Commission (NJAC) marks a high confrontation level between the executive and the judiciary. One of the first actions of the Narendra Modi government was to bring into being the NJAC to make appointments to...

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Supreme Court strikes down NJAC; collegium system to stay -Shreeja Sen and Priyanka Mittal

-Livemint.com The five-judge bench, however, says that it would seek the assistance of lawyers to improve the collegium system; this will be heard on 3 November New Delhi: In a huge blow to the government’s plan to overhaul the judicial appointment process, the Supreme Court on Friday struck down the constitutional amendment which introduced a six-member panel for selecting judges to the higher judiciary, declaring it unconstitutional. It also struck down...

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Recuse call rerun stalls NJAC hearing

-The Telegraph New Delhi: The Constitution bench hearing on the controversial National Judicial Appointments Commission today got entangled in "conflict of interest" issues for the second time in two weeks, with presiding judge J.S. Khehar being asked to recuse. Justice Khehar is in line to take over as Chief Justice of India in January 2017 after Justice T.S. Thakur attains superannuation. Last week, Justice A.R. Dave had been forced to recuse on...

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RS chaos may stymie joint session on ordinances -Krishnadas Rajagopal

-The Hindu The government's refrain that it would resort to all procedures, including a joint sitting of Parliament, to legislate a spate of ordinances into Acts of legislature, may come to nothing if the Rajya Sabha is stalled in the next session. For one, a pre-condition for a joint sitting is that a Bill, along with a statement of reasons for promulgating the ordinance, should have been first defeated in one...

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Independence from the government -Swagata Raha and Archana Mehendale

-The Hindu   Although meant to function as watchdogs, human rights institutions in India are treated as subordinate departments with scant regard for their autonomy or statutory character A change in the occupancy of 7, Race Course Road, is spelling change in the composition of statutory bodies in India. With the Governors of various States, the office-bearers of the National Disaster Management Authority and the Chairperson of the National Commission for Protection of...

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