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25 April 2018
Decision to reject motion timely, not hasty
Back to the court
Art 124(4) of the constitution states that proved misbehaviour or incapacity can be the reason for removal of a judge from the office. Misbehaviour or incapacity need to be ascertained by a committee constituted by presiding officer consisting of Judge of Supreme Court, Chief Justice of High court and an eminent Jurist.
Seciton 3 of Judges inquiry act, 1968 states that presiding officer may admit or refuse to admit the motion after holding consultations with such persons as he thinks fit and considering the material before him. The law is open on the matter that presiding officer can reject the motion with out sending it for judicial enquiry committee.
In Krishna swami vs Union of India case supreme court held that speaker/chairman shall act with utmost care, circumspection and responsibility as it has chilling effect on the public administration of Justice, independence of Judiciary.
In this Judgement though supreme court held that it is the individual discretion of the presiding officer, discretion of chairman or speaker is expected to be of a reasonable man who acts with high degree of responsibility.
Counter to this, it is argued that power of speaker or chairman is to verify wether motion is based on sufficient material or evidence
No formalities : Xi, Modi to meet without aides
Prime Minister Modi and president xi are going to meet in Wuhan with out any formalities and pre set agenda. Meeting is meant to have a communication at the highest level and gain perspective of each other in domestic and international matters. So, tensions can be avoided.
The Dragon beckons again
PM Modi’s visit to China should be seen in the context of the flux of global geo politics. These are
- Uncertainty of USA foreign policy. – It has pushed China and Japan to talk to each other and to align china’s BRI with Indo pacific strategy of Japan.
- Rising cold war tensions :tensions between USA and Russia are ultimo high after cold war and it is recently reflected in Syria.
- USA protectionism : Trade uncertainties and USA moving away from trans Pacific partnership have made pacific nations insecure.
- CAATSA : Countering America’s adversaries through sanctions act – It is meant to impose sanctions on business entities that are dealing with American adversaries. Countries consider it as a unilateral move.
Master of the next steps
CJI need to pro actively act and initiate reform for the following reasons
- There is a distinction between Administrative and Judicial functions of the court. so, if CJI acts in administrative capacity he/she will come under definition of state and their actions shall be subject to fundamental rights, including right to equality.
- Supreme Court of India itself held that Equality is antithetical to arbitrariness and non observance of the principles of natural justice too violates right to equality. CJI sitting on the bench concerning his own powers is against to principles of natural justice.
No slur on eastern States
NITI Aayog CEO Amitabh kant has stated that Aspirational districts programme is to raise the states on Human development index by focussing on education, health and nutrition in backward districts. It is being implemented in the spirit of cooperative federalism in full partnership with states.
Army set to break glass ceiling
Army is looking in to the prospects of granting permanent commission to women officers. As of now, women officers are given only short service commission to a maximum duration of 14 years.