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Supreme Court Vs Government: Is National Judicial Appointments Commission any better than the collegium?
By Harshmeet Singh
The Indian constitution is a unique study in itself. Some of the most unique features of the world’s longest written constitution include the independence of the three pillars of the Indian democracy – legislature, judiciary and the executive. The controversial NJAC (National Judicial Appointments Commission) Amendment Bill is being seen by many as an attempt from the legislature to encroach the turf of the judiciary and snatch its independence. If the recent events are any indication, the judiciary seems in no mood to let go of its rights.
NJAC – What and Why?
Till now, the appointment and transfer of judges to the higher judiciary (Supreme Court and High Courts) was done by a collegium consisting of the Chief Justice of India and the four senior most judges of the Supreme Court. The system of ‘judges appointing judges’ has been in existence for close to 22 years. According to the Government, this system was giving rise to nepotism and ‘favors’.
To overhaul the process of judges’ appointment, the Government has introduced the National Judicial Appointments Commission. The NJAC would be headed by the Chief Justice of India and would have two senior most SC judges, the Law Minister and two ‘eminent persons’ as its other members. These two eminent persons will be appointed by a committee comprising of the Prime Minister, the CJI and the leader of the Opposition. With only 3 of the six NJAC members belonging to the judiciary, this system tries to take away the controlling powers of the judiciary over the appointment of its fellow judges.
What’s the trouble then?
Our constitution makers, perhaps, had the foresight to visualize today’s Government’s love for uncontrolled power. Thus the constitution provides the power of ‘judicial review’ to the Supreme Court. According to this, the apex court can strike down any law if it tries to change the ‘basic structure’ of the constitution or, if the law isn’t in conformity with the constitution itself.
The validity of the 99th Constitutional amendment Act 2014 and the National Judicial Appointments Commission Act have been challenged in the Supreme Court. Bishwajit Bhattacharyya, a former Additional Solicitor General of India, filed a PIL in the Supreme Court in January this year, terming the NJAC as ‘direct attack on the independence of judiciary’. In his petition, the former ASG said, “The NJAC Act and amendment of the Constitution are unconstitutional and violate the basic structure of India’s Constitution, as various clauses stipulated therein make a frontal attack on the independence of the judiciary as also on the doctrine of separation of powers,” Since then, the matter is in the Supreme Court and the formation of NJAC is still pending.
Close to five months into the hearing of PIL, no side is ready to put the guard down. Last week, the honourable Supreme Court termed the act as ‘unworkable’. The Government, on the other hand, responded by reminding the Supreme Court that since the President has already signed on the bill, the collegium system stands scrapped. Now, if the Supreme Court terms the act as ‘void’, there would neither be a collegium nor any NJAC! While the proceedings go on in the court, Supreme Court has tried to justify the collegium system, saying that it has “limited but sufficient transparency”. The Supreme Court, in fact, has asked the Government to furnish details about the persons with “doubtful integrity” that have been appointed by the collegium in the past.
The constitutional bench, comprising of 5 judges, said, “It (collegium) is not a closed door system, but to throw it open to all and sundry would invite a lot of representations. It still cannot be said that it is not transparent. Just because there have been mistakes here and there does not mean the system is inconsistent or bad.”
The Chief Justice, H L Dattu, has also declined to be a part of the committee which would appoint two ‘eminent persons’ as members of the NJAC, citing that the constitutional validity of the NJAC is still in question. While the Supreme Court is trying to convince the government to turn back to the collegium system, the fact remains that a number of provisions in the NJAC act violate the constitution in their present form.
Eminent persons – Who? How?
The act fails to prescribe any specific procedure or qualification requirements for the appointment of two ‘eminent persons’. While the existence of NJAC itself is based on efforts to do away with the arbitration of judicial appointments by the collegium, the arbitrariness in the appointment of these two members of the NJAC is extremely glaring. These appointments are left to the discretion of the Prime Minister, CJI and the leader of the opposition.
Is the role of executive in judiciary justified?
According to the numbers furnished by the National Litigation Policy of 2010, there are close to 3 crore cases pending in the country. In more than 70% of these cases, the Government is one of the parties involved. In such a scenario, how advisable would it be to give the executive and legislative a say in the appointment of judges to the highest court in the land?
One of the provisions in the act says that any two members of the NJAC can veto any appointment. This, again, is an arbitrary provision in the act with no specific directions. The veto powers can be exercised by any two members without any criteria. Such provisions, in fact, go against the democratic values of the country. This provision implies that for any appointment, at least five of the total six members would have to give their consent. So, in other words, there must be an 83.33% majority for any appointment to go through. This number is even higher than the majority needed in the Parliament (67%) for passing critical laws.
The Government seems to be resorting to every trick in the book to get this act through to the National gazette. But it must understand that if the collegium system was arbitrary, the NJAC doesn’t seem to have finely polished corners either.
Jack Daniel's is the world's most popular whiskey brand, but until recently, few people knew the liquor was created by Nathan "Nearest" Green, an enslaved Black man who mentored Daniel.
"We've always known," says Debbie Staples, a great-great-granddaughter of Green's who heard the story from her grandmother. … "He made the whiskey, and he taught Jack Daniel. And people didn't believe it … it's hurtful. I don't know if it was because he was a Black man."
But people believe it now — in large part because Brown-Forman Corporation, owner of Jack Daniel's Tennessee Whiskey, has acknowledged the foundational role Green played in the brand's development.
"The truth of the matter is, Nearest Green was the first head distiller of Jack Daniels whiskey," says Matt Blevins, global brand director for Jack Daniels Tennessee Whiskey. "We're very proud of this story and are very committed to amplifying it and acknowledging that. In the past, we did not amplify it the way that we could have in earlier eras, but we're about the future and moving forward."
America's first-known Black master distiller
The story begins in Lynchburg, Tennessee, current home of the Jack Daniel Distillery. In the mid-1800s, Green's slaveholders hired him out to a local preacher named Dan Call. Green, who had a reputation as a skilled distiller, made whiskey for Call, using a sugar maple charcoal filtering process that is believed to have originated in West Africa. Daniel, a boy who worked for Call, became Green's apprentice and learned the special technique that gave the Tennessee whiskey its smooth taste.
After emancipation in 1863, when all enslaved people were freed, Daniel purchased Call's distillery and hired Green as Jack Daniel Distillery's first master distiller.
"The best knowledge that we have is that they had a mentor-and-mentee sort of a relationship, and I would say, a friendship," says Blevins. "The stories that have been passed down [talk] about the care that Jack Daniel took to always acknowledge … the Green family."
Historic photo of Jack Daniel (in white hat) seated next to George Green, the son of Nathan "Nearest" Green Image source: VOA
There are no known pictures of Green, but there is one of Daniel with Green's son, George, sitting next to Daniel, rather than being relegated to the back.
"That photograph shows the respect that they had for one another and for their families," says Stefanie Benjamin, an assistant professor of tourism management at the University of Tennessee, Knoxville. "To be not only allowed in that photograph, but also positioned in the foreground and sitting right next to Jack Daniels himself."
Search for the truth
Green's role in the history of the brand was uncovered by a writer and entrepreneur named Fawn Weaver, who became fascinated by Green's unheralded contribution to the world's most popular whiskey. After extensive research, including interviews with Green's descendants, Weaver shared her documentation with the company.
"I was very pleasantly surprised when they embraced my research and updated their records to reflect that," Weaver told VOA via email. "I think it said a lot about the character of their company that they moved that quickly to course correct."
Jack Daniel's has incorporated Green's contributions into the official history of the brand, but Weaver has gone a step further. She invested $1 million of her own money to establish Uncle Nearest Premium Whiskey, which is now the fastest-growing independent American whiskey brand in U.S. history.
Fawn Weaver (center in red) with her leadership team at Uncle Nearest Premium Whiskey, including master distiller Victoria Eady Butler (far left), the great‐great‐granddaughter of Nearest Green. (Photo courtesy Uncle Nearest Premium Whiskey) Image credit: VOA
The company's master distiller is Victoria Eady Butler, Green's great‐great‐granddaughter.
"Uncle Nearest is the most-awarded American whiskey or bourbon of 2019, 2020 and 2021, and the fact that it is the bloodline of Nearest Green blending and approving what goes into our bottles is something I marvel at regularly," Weaver says. "Victoria is an absolute natural when it comes to blending, and to watch her work is to see something pretty darn close to perfection."
Seven generations of Green's family have worked at the Jack Daniel Distillery, a tradition that continues today with Staples and two of her siblings. But the Green family did not benefit when the Daniel family sold the Jack Daniel distillery to Brown-Forman for $20 million in 1956.
"Although they [the Green family] were very well off in terms of finances [in the 1800s] in that time, they were not the owners or co-owners of the Jack Daniel distillery," Benjamin says. "And so, those millions of dollars have been passed down through generations of the Jack Daniel family, and not necessarily the Green family."
Maturing barrels of whiskey in a barrel house on the grounds of the Jack Daniel Distillery in Lynchburg, Tennessee. (Photo courtesy Jack Daniel's) Image credit: VOA
Weaver's Uncle Nearest Premium Whiskey has joined forces with Jack Daniel's to launch a program that provides support, expertise and resources to African-American entrepreneurs entering the spirits industry.
Staples says her family is thrilled their great-great-grandfather is finally being recognized.
"It's kind of mind-boggling … and we are so proud," Staples says. "And to think that from here to Africa, that recipe goes all the way back. And to think that he played such an important role in establishing this company. It sometimes seems unreal. It really does."
Because of Weaver's tenacity, Green's story, although left untold for more than a century, will not be lost to history. But that's not the case with so many other stories of Black achievement and contributions to the nation.
"Part of telling his story and sharing his legacy is to give credit and to give attention to a person who, if it wasn't for him, we wouldn't have the Jack Daniel whiskey as we know it today," Benjamin says. "It showcases yet another example of how formerly enslaved people, Black people, African American people who have really built this country, are left out of the dominant narrative that we tell." (VOA/RN)
(This article is originally written by Dora Mekouar)
Keywords: Jack Daniel's, Whiskey, Nathan Green, Slavery, Black achievement
Cricket fans can now book the ultimate experience with the official accommodation booking partner for the ICC Men's T20 World Cup, Booking.com. The T20 Pavillion, a bespoke cricket-themed luxury stay that transforms the Presidential Suite at Grand Hyatt Mumbai Hotel and Residences into a classic cricket stadium.
The suite offers guests an all-inclusive once-in-a-lifetime experience during the India vs Pakistan ICC Men's T20 World Cup match on October 24, 2021, packed with quirks and luxuries that is sure to satisfy even the biggest cricket enthusiast. Additionally, as a part of the experience, guests will also have the exclusive opportunity to meet Bollywood actor Shraddha Kapoor at The T20 Pavilion.
The booking window that opens at 4:30 p.m. on Saturday and will be booked on a 'first come, first serve' basis with check-in date on October 24, 2021 and check-out on October 25, 2021. | Photo by Alessandro Bogliari on Unsplash
For one night only, guests can soak in the energy of a roaring stadium to enjoy the epic match on a life-sized screen while seated on comfortable sofas -- just like the luxury box seats at the stadium. They can also head to the locker room (dining room) next to the field (living room) to have some energy drinks, just like a cricketer would do or head to the bedroom, transformed into a net practice area. It's got the field, the pitch, the locker room, pitching nets and cricket memorabilia infused in every element of the room.
The booking window opens at 4:30 p.m. on Saturday and will be booked on a 'first come, first serve' basis with check-in date on October 24, 2021, and check-out on October 25, 2021. The T20 Pavilion is priced at Rs 6666 only in honour of all the great sixes smashed at the T20 World Cup. The T20 Pavilion can accommodate up to four guests. Cricket fans can visit the website or mobile app to book this cricket-inspired stay. (IANS/ MBI)
Amid the rush to find quick treatments for Covid-19 last year, the world saw a global race to find new stem cell-based treatments. Now, researchers report that such therapies were filled with violations of government regulations, inflated medical claims and distorted public communication. There are reports of patients suffering physical harm -- including blindness and death -- from unproven stem cell therapies.
"Efforts to rapidly develop therapeutic interventions should never occur at the expense of the ethical and scientific standards that are at the heart of responsible clinical research and innovation," said lead study author Laertis Ikonomou, associate professor of oral biology at University at Buffalo, New York. There are clinics offering unproven and unsafe "stem cell" therapies that promise to prevent Covid-19 by strengthening the immune system or improving overall health, the researchers noted in the paper published in the journal Stem Cell Reports.
There are reports of patients suffering physical harm -- including blindness and death -- from unproven stem cell therapies. | Photo by Viktor Forgacs on Unsplash
The findings from preliminary studies on possible stem cell-based Covid-19 treatments are frequently being exaggerated through press releases, social media and uncritical news media reports. Clinics selling supposed stem cell treatments on a direct-to-consumer basis sometimes use these findings and news reports to exploit the fears of vulnerable patients by unethically advertising the unproven benefits of stem cell treatments to boost the immune system, regenerate lung tissue and prevent transmission of Covid-19, said co-author Leigh Turner from the University of California, Irvine.
"Patients suffer financially as well, as the products range in price from a few thousand to tens of thousands of dollars, and people are often encouraged to receive the expensive treatments every few months," added Ikonomou. Patients led to believe they are protected against Covid-19 may decide against vaccination, stop wearing masks, cease engaging in physical distancing, or otherwise avoid behaviours intended to promote personal safety and public health.
They may also become less likely to take part in carefully-developed clinical trials conducted by companies that follow ethical standards. "Scientists, regulators and policymakers must guard against the proliferation of poorly designed, underpowered and duplicative studies that are launched with undue haste because of the pandemic, but are unlikely to provide convincing, clinically meaningful safety and efficacy data," Turner stressed. (IANS/ MBI)
Keywords: findings,studies,therapies,unproven,reports,treatments, pandemic, covid, world