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Judges appointment through NJAC is what people want: Govt tells SC

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New Delhi: The central government on Monday told the Supreme Court that it was the will of the people to have transparent, accountable and criteria-based appointment of judges through the National Judicial Appointment Commission (NJAC) instead of the collegium system whose working was shrouded in mystery.

Contending parliament and the 20 state assemblies, which have backed the NJAC, represented the people, Attorney General Mukul Rohatgi told the constitution bench of Justice Jagdish Singh Khehar, Justice J. Chelameswar, Justice Madan B. Lokur, Justice Kurian Joseph and Justice Adarsh Kumar Goel that it was the people who wanted the change in the method of judges’ appointment.

Describing the junked collegium system akin to “you scratch my back, I will scratch yours”, he sought to thrash the challenge to NJAC on the grounds that it compromised the independence of judiciary as judicial members of the commission were not in majority and did not have the “right to insistence” in the appointments.

Asserting that there was no primacy of judiciary in the constitution, Rohatgi told the court that the right to insist upon an appointment is not available to the judicial members of the NJAC comprising chief justice of India and two seniormost judges after him.

The court was told this in the course of the hearing of a batch of petitions including one by the Supreme Court Advocates on Record Association (SCAORA) along with the Bar Association of India, NGO Centre for Public Interest Litigation and others challenging the constitutional validity of the constitution’s Ninety Nine Amendment Act, 2014 and NJAC Act, 2014.

Assailing the petitioners’ position that the NJAC is an assault on the independence of judiciary – described as the basic structure of the constitution, Rohatgi told the court that appointment of judges was not a part of such independence which only starts with after appointment in terms of their conditions of service and working.

However, on being questioned by the court, he conceded that even appointment of judges formed a part of independence of judiciary but a “very small” part.

Telling the court that it could not adjudicate on the “wisdom of the parliament” in choosing one model over another in appointment of judges, Rohatgi said that 1993 second judges verdict of judges appointing judges was “coloured by the expediency of the time then and the court should have changed it itself with things getting normal”, referring to the mid-1970s which saw the supercession and mass transfers of judges.

He said if the court had not corrected the position on its own then there were “no fetters on parliament to restore the original provision of article 124 of the constitution which gave government primacy in the judicial appointments”.

Defending NJAC, Rohatgi contended that under the new system, the government’s powers in the appointment of judges had been diluted, as it was one of the six members of the NJAC.

Scoffing at the suggestion that two eminent people on the NJAC will collude with the law minister to render judicial component ineffective, he said there was no reason why these two representing the diversity of society would not hold the CJI and two other judges in reverence.

Describing the resistance to NJAC as an “argument of psychosis” based on “surmises” and “possibility of abuse of the process”, he said a possibility can’t be a basis of challenge while any “actual abuse” can be addressed by the court.

Rohatgi, asserting that nine out of 10 names for the appointment of judges would get cleared without any dissent, argued: “If CVC (central vigilance commissioner) can be appointed by people at loggerheads (prime minister, home minister and leader of opposition) it is absurd to have a proposition that two eminent people on the NJAC will have a jaundiced or evil eye.” (IANS)

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Why Republic Day Is Celebrated On 26th January?

Every year January 26 is celebrated with full fervor to acknowledge the Republic Day

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Any new law initiated by the government should be in accordance with the constitution. Wikimedia Commons
Any new law initiated by the government should be in accordance with the constitution. Wikimedia Commons
  • 26 January is observed to honour the Constitution of India
  • This year, India will observe its 69th Republic on January 26, 2018.
  • The Constitution adopted by India was written by BR Ambedkar on January 26, 1950

NEW DELHI: Every year, 26 January is marked as the Republic Day in India. It is one of the few occasions when the whole of the nation celebrates the hoisting of National Flag. 26 January is observed to honour the Constitution of India as it came into force on the same day in the year 1950. The new constitution replaced the Government of India Act, 1935 into the governing document of India, thus, making India a Sovereign-Democratic nation. The Constitution adopted by India was written by BR Ambedkar on January 26, 1950, and since then the day is commemorated as Republic Day. The Constitution of India is considered as the supreme law of India and the nation has to abide by its rule.

The other significant day of Indian freedom movement is 15 August. This day is celebrated to glorify the independence of India from the clutches of British rule. After attaining independence, India required a blueprint to run the government and guide its people on a progressive path. Till then, India was functioning under the laws enacted and implemented by the British government. An independent constitution was the best bet to protect the rights of citizens and jot down the principles for running the nation. So to fulfill this need, India’s first law minister and chief architect of Indian Constitution, BR Ambedkar came up with a drafted framework for our constitution. It finally came into force after several amendments made by the cabinet body.

The Constitution adopted by India was written by BR Ambedkar on January 26, 1950, and since then the day is commemorated as Republic Day. Wikimedia Commons
The Constitution adopted by India was written by BR Ambedkar on January 26, 1950, and since then the day is commemorated as Republic Day. Wikimedia Commons

Constitution was a tool to govern the country in a constructive way and make the country a sovereign, secular, and democratic republic. On this day, the first president of independent India, Rajendra Prasad took the oath at the Durbar Hall and hoisted the national flag, followed by a 21-gun salute. It marked the tradition of flag hoisting and parade began.

Also Read: 20 Amazing Facts About Indian Navy That Everyone Should Know

Why is 26th January celebrated as the Republic Day in India?
With campaigns like non-violence and civil disobedience movements, India finally attained freedom from British rule on August 15, 1947. This date has a great importance in the Indian history. On January 26, 1950, BR Ambedkar drafted the Constitution of India which was adopted by the Indian Constituent Assembly. Then finally, Constitution came into force on January 26, 1950.

The reason behind choosing 26 January as the Republic Day was that, on 26 January 1930, Indian National Congress (INC) announced the declaration of Indian Independence while rejecting the Dominion status offered by the British Regime.

Cultural groups of many states display their heritage and diversity through various platforms. Wikimedia Commons
Cultural groups of many states display their heritage and diversity through various platforms. Wikimedia Commons

Prominence of the Constitution of India
India stands out to be the largest democratic country in the world and has the longest written constitution of any sovereign nation. The credit for the framing the Indian Constitution goes to Dr. BR Ambedkar. He was the principal architect behind drafting the outline of our Constitution.

The idea of making an Indian constitution was coined by M.N.Roy IN 1934. After that, Indian National Congress proposed the formation of the constituent in 1935.
After the validation of the Constitution, India became the contemporary Republic and replaced the Government of India Act, 1935. The Constitution of India states that “It declares India a sovereign, socialist, secular, democratic republic, assuring its citizens of justice, equality, and liberty, and endeavours to promote fraternity among them.”

Also Read: Mahabharata or Game of Thrones? Quite similar!

The Constitution can never be upturned by parliamentary supremacy. It lays down the fundamental framework, procedures, and duties of government, fundamental rights, directive principles and the duties of citizens. Basically, it is a gateway between the government and people. Any new law initiated by the government should be in accordance with the constitution.

Who drafted the Indian Constitution?
Bhimrao Ramji Ambedkar was India’s first law minister of an independent India. He was an eminent jurist, social reformer and politician. Throughout his career, Ambedkar fought for the rights and integrity of the Dalits and other socially backward classes. For his immense service to the nation, Ambedkar was posthumously awarded the Bharat Ratna, India’s highest civilian honor, in 1990.

Ambedkar is considered as the Father of Indian Constitution and popularly known as Baba Saheb. Wikimedia Commons
Ambedkar is considered as the Father of Indian Constitution and popularly known as Baba Saheb. Wikimedia Commons

Ambedkar is considered as the Father of Indian Constitution and popularly known as Baba Saheb. He was the mastermind behind drafting the Constitution of India. He guided the Constitution of India that laid down the principals of defining fundamental political approach of the system.

BR Ambedkar was the chairman of Drafting Committee which included Sardar Vallabhbhai Patel, Jawaharlal Nehru, Maulana Abul Kalam Azad and other prominent leaders. The members took over a period of 2 years, 11 months and 18 days before adopting the Constitution. The Constitution got the signed approval of 308 members on January 24, 1950, and came into effect on January 26, 1950 – India’s first Republic Day.

Also Read: An insight into two biggest political parties of India

Republic Day celebrations in India
Every year January 26 is celebrated with full fervor to acknowledge the Republic Day. People from every corner of the nation comes together to lighten up the spirit of oneness and unity. This year, India will observe its 69th Republic on January 26, 2018. The celebrations include Flag Hoisting ceremony by the President of India followed by the March Past at Janpath. The entire event lasts for 3 days. The parade showcases India’s defense capability and its traditional and social heritage.

The parade showcases India's defense capability and its traditional and social heritage. Wikimedia Commons
The parade showcases India’s defense capability and its traditional and social heritage. Wikimedia Commons

Cultural groups of many states display their heritage and diversity through various platforms. The occasion also calls for the display of military might to its people and also to the world. Important awards like the Ashok Chakra and Kirti Chakra are been given away by the President, before the commencement of the ceremony.