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NJAC has component of hit and trial experiment, says Central government

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New Delhi: The Narendra Modi government on Tuesday told the Supreme Court that the National Judicial Appointment Commission (NJAC) for appointments to higher judiciary had a component of a “hit and trial” experiment for finding the best people for the posts.

Contending that there was an element of uncertainty in every new experiment, 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 similarly there was “hit and trial” component in the NJAC.

Urging the court that the NJAC should be given a chance to have its run before being subjected to any critical evaluation, Rohatgi said “God knows” what would eventually emerge from it in terms of selection of judges.

But the court was not convinced.

“Only problem is that we can’t leave it to God. It is not a hit and trial business,” the court told Rohatgi reminding him that it was too serious an issue to be left to “hit and trial” or “God”.

At this, Rohatgi said: “If there could be hit and trial for democracy, hit and trial for secularism, hit and trial for federalism, then why not judiciary. Hit and trial is a part of democracy.”

Attacking the collegium system of appointment as being devoid of “transparency, rules and guidelines and something happening in a closed room away from sunlight”, he however said the blame for the system’s failure lay at the doorsteps of the government, but sought to know if this still prevented the parliament from putting in place a “broad-based, healthier, transparent” NJAC.

At this, the court asked him to give it the names of the people who were “good” and were recommended for appointment to higher judiciary by the government but were not accepted by the collegium.

“Show us one incident, where there was a good material (name recommended). You (government) projected that material and sent it to collegium and it was returned,” it said.

Justice Kurian once again asked Rohatgi to furnish the list of the people recommended by the collegium for appointment but returned by the government for reconsideration and the collegium again reiterated the names.

Its query came while addressing the contention that under the collegium system – also known as judges appointing judges – the government has no voice and there was give and take amongst the judges involving “you scratch my back, I will scratch yours” in a closed room without sunlight.

Referring to an instance where after receiving a positive report on the credentials of a person recommended for appointment as judge by the collegium, the government sought another report from the Intelligence Bureau, the court asked: “What is the question or the occasion (for the government) to ask for the second opinion (of the IB)… we want to know the working of the system.”

“It is a question of the working of a system,” the court told the Attorney General as he reiterated his submission that “once a new system (for judges’ appointment) comes, it is not in the provinces of the judiciary to decide on its validity on the basis of comparison with other models (collegium system)”.

The court is hearing 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.

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Glory to PM Modi and Country Angers Certain Forces

A few months back, the UN as well has crowned him with the Champions of the Earth, the highest environmental honor

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A few months back, the UN as well has crowned him with the Champions of the Earth, the highest environmental honor.

By: Salil Gewali

Many will not disagree that the PM Modi is fairly unpopular among a certain popular elite within the country. However, he has earned an immeasurable number of admirers outside the country. The fact why he is an eyesore for certain groups of people and celebrities while they are bowled over and ever supportive of specific dull-witted and inexperienced leaders is something very weird and contrasting. This phenomenon defies the long-held assumption that “education” makes one rational and free from the psychological shortfall. Nevertheless, PM Modi is least bothered what his smart detractors think and do against him.  He hardly wishes evil upon anyone. He has multiple of reasons to stay buoyed and cheery. The flood of praises coming from outside the country has always swelled PM Modi’s chest. Therefore, even in the foreign soil he goes, without a hitch, shouting at full throttle —‘Bharat Mata Ki Jai’.  

Truly, it’s totally wrong to ignore many achievements associated with PM Modi. Yes, he has been chosen to be honored with the highest civilian award – Order of Zayed by the UAE government.  Not just that, the countries like Saudi Arabia, Afghanistan and Palestine also have come forward to honor the Indian PM with their respective highest awards. A few months back, the UN as well has crowned him with the Champions of the Earth, the highest environmental honor. His unfaltering dedication and devotion to execute formulated policies and planes have yielded positive results, though some section of powerful people try to undermine and demean them all.

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Modi government has been able to pull off many thorny external affairs and issues too quickly.

What is most attractive in PM Modi is that he is smartly clever to strike the personal kinship with any individual foreign leaders and diplomats. Yes, due to his personal touch and warmth, the Modi government has been able to pull off many thorny external affairs and issues too quickly. Of course, this is doubtlessly praiseworthy. Yes, good truths should be not suppressed and falsehood should not be exaggerated.

However, a very strange vibe is noticed in the country. It is nothing but an unenthusiastic silence maintained by the popular media when Modi receives some accolades and appreciation. Many choose not to mention it at all, not even as news-item. This all makes everything all the more conspicuous. Well, this, in fact, only prompts the swarm of netizens to be more active in social media, their battlefields. They are seen furiously vocal. The ranting, raving, and name-calling against the backdrop of the importance given to a certain class of leaders make the situation less pleasant and logical. Not just that people in the social media are quick to throw up contrasting examples citing how media goes gaga over a “less intelligent lot” while keeping deafening silence over things that bring glory and fame to the nation. This is doubtlessly a bizarre development. This way the detractors or opponents always run the risk of losing their own integrity.

ALSO READ: Modi Suggests Pakistan to Stop Exporting Terror for Peace

A business done by sacrificing integrity ends up in disaster. Opposition to ideas and political parties is always welcome, which is democratic, but the biased attitude against the “truth” and positivity can only dilute the sanctity of the enterprise and professionalism. As concerned citizens, should we not first want that the light of glory and joy dispel the gloom of darkness and despair in the country? Let’s not waste our precious life by struggling to call the untruth as truth and vice versa. This exercise only contributes to polluting our mindset and the country becomes less peaceful and more vulnerable.

Salil Gewali is a well-known writer and author of ‘Great Minds on India’.

Twitter:  @SGewali