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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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Death by Neglect

-Economic and Political Weekly The RTI is virtually being strangled to death by deliberate delays in appointments. If you find a law uncomfortable, even one that you supported and passed, what should you do? Repealing it would not be politically smart; amending or diluting it will give ammunition to your critics. So the best strategy is to strangulate it, softly and steadily, until it is rendered lifeless and ineffectual. Something like this...

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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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