Get subscribed to our newsletter
Get interesting updates to your email inbox.
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.
Achieving soft, beautiful and happy skin is a dream for most of us or at least a long-pending item on our wish list. While there are lot of suggestions, a laundry list of do's and don'ts to follow, there are some basics that don't change. We have to understand that happy skin is a holistic process that requires one to work on building healthy habits combined with good skincare.
Here's a ready reckoner by ITC Fiama of tried and tested skincare habits that will serve as a reminder that skincare doesn't need to be complicated, it just needs to be consistent.
* Cleanse & Moisturise -- The first and the simplest step towards healthy skin is regular cleansing and moisturising, it is advisable to use a moisturizing body soap that ensures your skin gets the right nutrients and remains supple and nourished. A great product suited to this requirement is Fiama Gel Bathing Bar, which is enriched with nature's goodness. Fiama's bathing bars come in 5 variants and they help moisturize the skin making it appear soft, happy and bouncy.
The first and the simplest step towards healthy skin is regular cleansing and moisturising. | Photo by Humphrey Muleba on Unsplash
* Balanced Diet -- Healthy skin is an outcome of a balanced diet. The food we eat provides the building blocks for healthy functioning of our bodies. Our diet has everything to do with the health of our skin. The nutrients, minerals, and proteins found in food support collagen production and healthy cell membranes, and protect skin from harmful stressors, such as UV exposure.
Healthy skin is an outcome of a balanced diet. | Photo by Sam Moqadam on Unsplash
* Smile -- While most of us hate the idea of having crow's eyes and lines while we smile. We rarely realize the benefits of a simple smile. When we smile the blood flow gets better, and the skin receives more oxygen and nutrients. This can help you develop a healthier complexion alternately it also leaves you stress free making you look happy and radiant.
When we smile the blood flow gets better, and the skin receives more oxygen and nutrients. | Photo by Lesly Juarez on Unsplash
* Drink Enough H20 -- With our bodies comprising of 70 per cent water, drinking sufficient amount of water is the easiest way to keep your skin healthy and hydrated. Drinking adequate water helps flush out toxins from our bodies, preventing pimples and acne and boosting the skin's elasticity. No wonder, water is called the elixir of life.
Drinking adequate water helps flush out toxins from our bodies, preventing pimples and acne and boosting the skin's elasticity. | Photo by Bluewater Sweden on Unsplash
* Move Your Body -- Along with cleansing and proper nutrition, another aspect which is important for happy skin is movement. When we move or burn calories, the body produces chemicals called endorphins. These endorphins interact with the receptors in the brain and trigger positive feelings and happy thoughts. This feeling of pure happiness and joy reflects on the skin, thus having the power to completely change your mood and keep you and your skin beaming. (IANS/ MBI)
When we move or burn calories, the body produces chemicals called endorphins. | Photo by Joanna Nix-Walkup on Unsplash
Keywords: Skin, soft, happy, healthy, food, move, calories, water, smile, moisturise, water, cleanse
It is true that street performances has been existing in India since ancient times. But, it was Philip Astley who brought the concept of circus in India in the 1880s. Interestingly, Astley is known as the father of modern circus.
Birth of the Great Indian Circus
In 1879, the Royal Italian Circus by Giuseppe Chiarini came to India. Before any of his shows, he would often say that India did not have a proper circus, and apparently, the country would have to wait for many years in order to develop the "circus trend".
Once, Balasahib Patwardhan, who was the king of the Kurundwad state of Sangli (today's Kolhapur) went to watch the circus. He was accompanied by Vishnupant Chatre, who was the keeper of his stable and also a riding master at the stables. As it was ritual, before starting with any performance, Chiarini used to challenge the audience by saying, "a thousand British Indian rupees and a horse would be given to anyone who would repeat his daring effects within six months". Interestingly, this time, the challenge was accepted by Chatre, and he announced that he will perform the same in Kurundwad within three months. And if he fails, he promised Chiarini that he would return "ten thousand British Indian rupees and top ten horses. On March 20, 1880, Chatre came to perform his circus at the Kurundwad Palace Grounds. But Chiarini did not come to see it.
Soon after this, Vishnupant Chatre bought most of the circus equipment from Chiarini, and within a year, he formed a new circus company called the "Great Indian Circus". This is referred to as the first circus company in India. Chatre's Great Indian Circus toured various parts of India and the world. Later on, Chatre merged his circus company with his cousin's company to launch a new company by the name of "Karlekar Grand Circus".
Other Famous Circuses of India
After the coming of Karlekar Grand Circus, many circuses came into being in India. In 1904, the Malabar Grand Circus, which was the first circus company in Kerala came into being under the leadership of Pariyali Kannan. Another circus named the Great Royal Circus was started in 1909. Though, its previous name was Madhuskar's Circus. One of the famous circuses of India was also the Grand Bombay Circus which was founded in the year 1920 by Baburao Kadam. Since a long time, tradition of circus as an art has been prevalent in India, though slight decline in its practice is evident now.
Keywords: India, Circus, Tradition, Art, Performance, Great Indian Circus, Philip Astley, Culture
By- Naman Rastogi
The first thing to understand about API security testing is that it is not a one-size-fits-all process. Testers must take into account the scope of the project, as well as the specific needs of developers and end-users. This article will provide you with some basic guidelines for an API security testing program. It will also outline some API security tests that you should consider including in your API testing process.
API security testing is a process that checks API functions for security vulnerabilities. These tests are intended to identify problems with the API's design, functionality, and implementation. API security testing is a proactive way to check the API for potential exploits.
Follow NewsGram on Facebook to stay updated.
Tests To Include in API Security Testing
The API's parameter tampering test is a way to check any API calls that contain parameters for known attack patterns. The API security testing tool you use should provide warning alerts when it finds these types of vulnerability points.
Parameter tampering occurs because developers aren't properly securing the input data before it enters an API call from another application or web service. This gives attackers the ability to tamper with API input data. You can checkout this detailed guide on How to Perform Web Application Testing
Testing for API parameter tampering can include looking at all variables within API calls and checking whether they need to exist or not. In your tests, you'll also want to check how values are passed into API calls and whether or not they can be changed once data is passed in.
Also Read: No Halfway Deal In Security
Input fuzzing is one of the most basic kinds of testing you can perform on an API. It occurs when attackers send API inputs that contain random or unexpected values. This test will show you whether the API can handle random data or not. It should do so without impeding its performance, but rather enhancing it.
The API security testing tool you use should allow for several different types of fuzzing:
●Data Format Fuzzing: An input format can be modified to see how the API responds when an invalid value is received.
●Range Fuzzing: Some APIs only accept certain numeric ranges from authorized users, such as credit card numbers and phone numbers. You should check whether your API functions properly under this type of condition.
The first thing to understand about API security testing is that it is not a one-size-fits-all process.Getastra
●Boundary Fuzzing: This type of fuzzing should be used to check for boundaries within the API itself. For example, checking if a string is between certain character lengths, determining whether it's possible to pass in an empty parameter value that will still produce valid results, etc.
Testing for API input fuzzing can also include randomizing parameters that are always required by the API function being tested (e.g., session IDs). If these values don't need to exist, hackers will be able to bypass any checks made by the developers who have implemented strict guidelines regarding API usage.
Another API security test you should consider is to check for unhandled API functions. Unhandled API methods are those that developers didn't code into the API. This happens either because they were unaware of their necessity or simply forgot about them.
Allowing access to these functions creates a vulnerability point in your API's functionality. Unfortunately, attackers can use these vulnerabilities as attack vectors. API security testing should search for unhandled API methods and alert you to their presence.
This API security testing method will help you determine how well the API performs under different input conditions without any malicious actors trying to tamper with it.
A final API security test you should consider is to check for possible injection attacks. This type of vulnerability occurs when user-defined input data can be inserted into API calls as part of the API's scripting language.
Injecting attacks have been a long-time security threat for APIs. This is because they allow attackers to use any type of data that can be manipulated and inserted into an API call. They should ideally only allow what is provided by regular users or applications trying to access the API.
The API security testing process goes beyond just finding the presence of common API attack vectors like cross-site scripting (XSS), SQL injection, remote code execution, and much more. It also looks for other API features that can put your system at risk if they aren't properly secured with input validation defenses or strict API security features.
Though API security testing may seem daunting, it's a necessary step in securing your systems and data. As the saying goes, an ounce of prevention is worth a pound of cure! If you don't have time to do this yourself, you can always seek help from security experts. The costs are justified by the benefits. So, make sure to conduct API security testing if you haven't already!
Disclaimer: (This article is sponsored and include some commercial links)