#Chief Justice P Sathasivam

[tsasocial]

ColorJet India winner of textile engineering in the service of the textile industry

ColorJet India has been declared as the 'winner of textile engineering in the service of the textile industry' at the International Textile Machinery Exhibition (ITME) held from 8 to 13 December at the India Exposition Mart in Greater Noida.

Rohit Kansal, additional secretary and Prajakta Verma, joint secretary, Union ministry of textiles, P Sathasivam, retired chief justice of India; and S Hari Shankar, chairman, India ITME Society, handed over the award to the chairman of the ColorJet Group, MS Dadu, at an ITME event, a company release said.

“Delighted to receive the award in recognition of the valuable contributions that the ColorJet Group India has made in the textile engineering industry. With this award, the ColorJet Group reinforces its technological innovation strength of ColorJet’s R&D department,” Dadu said.

The India ITME Society has invited applications for the award in July 2022. The jury included Uday Gill, Updeep Singh, R Anand, Gurudas V Aras, Sanjiv Lathia, Manisha Mathur, Manohar Samuel, Ketan Sanghvi, and Avinash Mayekar. 

The ColorJet Group – a wide format digital printing technology leader founded in 1995 – is a top exporter of wide-format printers and provides fabric printing solutions. Colorjet’s digital textile machines are known for their performance, sustainable manufacturing, lowest downtime, high value, and ROI.

[naseemmohammedabdullah]

Rest in peace former Chief of Defence Staff of the Indian Armed Forces #BipinRawat. He went the Vichai Srivaddhanaprabha and Kobe Bryant way! The Bharatiya Janata Party had rewarded Bipin Rawat with the post he held like it rewarded former Chief Justice of the Supreme Court of India P. Sathasivam with the post of the Governor of Kerala! Fascist governments are always on missions to undermine the efficiency of government machineries! The President of India continues to be the puppet of the political party in power! Let's consider the unfortunate circumstances which led to Bipin Rawat's death as a 'happy accident' and do away with the post of,'Chief of Defence Staff of the Indian Armed Forces'! The last thing Indians want to see is the sorry sight of India's army, navy and airforce at the mercy of a 'puppet' when facing threats internally, externally or both! (at Kuttichira Medicals) https://www.instagram.com/p/CXQLCIDLz2r/?utm_medium=tumblr

[juudgeblog]

Single Parent Adoption in India

In this article, Utkarsh Trivedi, of The National Law University of Odisha, Cuttack,. discusses adoption laws in India with special emphasis on single parent adoption.  

Introduction

A study by the Indian Association for Promotion of Adoption and Child Welfare has reported that the number of single women who want to adopt is growing steadily in India, and this is supplemented by the want of having a family.

Adoption in India for Buddhists, Jains, and Sikhs is maintained by the Hindu Adoptions and Maintenance Act, 1956.

Muslims, Parsis, Christians, and Jews do not recognise complete adoption, so if a person belonging to such religion has a desire to adopt a child, he/she can take the guardianship of a child under section 8 of the Guardians and Wards Act, 1890.

The Juvenile Justice (Care and Protection of Children Act, 2000) and The CARA Guidelines and Adoption Regulations, 2017 are supplementary acts to the action for adoption.

Who can adopt?

Under THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 following category of people can make adoptions:

“Any male Hindu (including Buddhist, Jain or Sikh by religion) who is of sound mind, not a minor and is eligible to adopt a son or a daughter”. But if such male has a living spouse at a time of adoption then he can adopt a child only with a consent of his wife (unless she has been declared incompetent to give her consent by the court).

“Any female Hindu (including Buddhist, Jain or Sikh by religion) who is not married, or if married, whose husband is not alive or her marriage has been dissolved or her husband has been declared incompetent by the court has the capacity to take a son or daughter in adoption”.

So according to the act, if you’re a Hindu (Hindu here includes Buddhist, Sikh , and Jain) of sound mind and have attained majority, you can adopt a child, but if you have a living spouse at the time of adoption, then you need the permission of the spouse.

Adoption rules for Muslims

The Islamic term for what is generally called adoption is kafala. A guardian/ward role is played out rather than a parent. This relationship has specific rules. These rules are mainly to preserve the integrity of the family line. Adoption is certainly not prohibited. What is unlawful is to attribute one’s adopted child to oneself, as if there is a biological relationship. This is because Islam seeks to safeguard biological lineage and not confuse lineage.

In a recent judgement of Shabnam Hashmi v. Union of India and Ors. AIR 2014 SC 1281, the apex court has held that the secular laws of adoption will supersede personal laws in this regard and that Muslims can adopt under the Juvenile Justice (Care and Protection of Children) Act 2000. The honorable justice, while ruling stated,“The Juvenile Justice Act 2000 is a secular law enabling any person, irrespective of the religion he professes, to take a child in adoption. It is akin to the Special Marriage Act 1954, which enables any person living in India to get married under that Act, irrespective of the religion he follows. Personal beliefs and faiths, though must be honoured, cannot dictate the operation of the provisions of an enabling statute,” was a ruling given by a bench headed by Chief Justice P. Sathasivam.

Adoption rules for Christians and Parsis

The personal laws of Christians and Parsis do not recognise adoption and so, in this case, an adoption is done from an orphanage, by obtaining permission from the judiciary i.e. by the courts under The Guardians and Wards Act as the Christians have no adoption act.

Since adoption is the legal association of a child so adopted, it comes under the personal law of the religion of the parents wanting to adopt. Christians have no adoption laws hence they have to approach the court under the Guardians and Wards Act, 1890. Christians can take a youngster under the said Act just under foster or child care. Once a child under foster care becomes major, he is free to walk away from all his connections. Besides, such a child does not have a legal right of inheritance under Christian Law.

There is no law regulating adoption among Christians in India. In the absence of a statutory or customary adoption recognized by courts, foster children are not treated in law as children.

But it is to be noted that the amendments by the Supreme Court in the Juvenile Justice Act after the Shabnam Hashmi case held that the secular laws of adoption will supersede personal laws in this regard and therefore Christians can be parents of children and not just have them under foster care.

Single parent Adopting a child

According to the Juvenile Justice Act that was amended in 2006, adoption means, “The process through which the adopted child is permanently separated from his biological parents and becomes the legitimate child of his adoptive parents with all the rights, privileges and responsibilities that are attached with the relationship.”

The most intriguing progress is by the Central Adoption Resource Agency (CARA) Guideline, 2015 issued by the Ministry of Women and Child Development with help from Ms. Maneka Gandhi. The guidelines govern the adoption of children that allow a single female to adopt a child of any gender. Also, the age limit for single parent adoption has been significantly lowered, from 30 to 25 as well.

Therefore, in India, the issue of not being able to adopt a child if you are a single parent is no longer a major problem.

Adoption rules for Males under the Juvenile Justice Act.

Under the Juvenile Justice Act, a single male is not lawfully prescribed to adopt a girl child. The relevant section of the act is as follows:

(1) The prospective adoptive parents shall be physically fit, financially sound, mentally alert and highly motivated to adopt a child for providing a good upbringing to him.

(2) In case of a couple, the consent of both the spouses for the adoption shall be required.

(3) A single or divorced person can also adopt, subject to fulfilment of the criteria and in accordance with the provisions of adoption regulations framed by the Authority.

(4) A single male is not eligible to adopt a girl child.

(5) Any other criteria that may be specified in the adoption regulations framed by the Authority.

This is criticized as clause 4 is not arguing in favour of gender neutrality which is the need of the hour, but keeping.  in mind safety and relevance to certain problems that on

How to adopt a child in India

The steps needed to adopt a child in India are as follows:

Parents wishing to adopt have to register online or can reach District Child Protection Officer (DCPO) to register the prospective parents online. The application form is also available at the website of CARA.

The adoption agency then creates a Home Study report, describing the various factors and compliances of the family within 30 days of the registration of prospective parents.

The home study report is posted on the database by the concerned agency.

The parents are then allowed to choose their prospective child based on their preferences and choices.

They are shown photographs of the child their study reports and the child’s medical examination reports, of up to 6 children.

The adoptive parents have the option of reserving one child within a period of 48 hours for the possible adoption while rest of the children would be released for other prospective parents.

The adoption agency will then fix the meeting of the prospective adoptive parents to access whether they are suitable parents for the child or not. The parents should also be allowed to have a meeting with the child.

This entire process of matching should not take more than 15 days.

While accepting the child the prospective adoptive parents should sign the Child Study Report in presence of a social worker as a witness.

In case the parent or the child is not compatible, the process is followed to start the matching procedure again.

Costs incurred in adopting a child in India

Under CARA rules, an adoption within India should cost no more than Rs 46,000: registration for Rs 1,000, the home study process for Rs 5,000 and Rs 40,000 for the agency’s official child-care corpus fund.

Foreign program fees

Adoption agency fees

Travel expenses

Home study costs

Documentation and application fees

Third party costs

These expenses are paid not all at once, but over the course of the adoption journey. Many agencies and independent organizations offer loans and grants to help families achieve their dreams of adoption. If you have questions about financial aid, consult an adoption professional.

External Agencies that help to adopt a child in India

Adoption is a big decision for which you need proper support and guidance at every step. There is a lot of time-consuming paperwork and procedures involved. The assistance of reputed adoption agencies can reduce your levels of anxiety associated with adoption.

Some agencies that are well reputed are listed below:

Children Of The World (India) Trust

401, Arun Chambers, 4th Floor, Tardeo Mumbai

Tel: 91-022-23520249, 91-22-23520032, 56602196

Delhi council of child welfare

Delhi Council For Child Welfare,

“Palna” Civil Lines,Qudsia Garden, Yamuna Marg,

Delhi – 110054,Tel: 91-11-23968907 91-11-23944655

Inter-Country Adoption

On the global front, the Convention on the Rights of the Child (CRC) manages the issues of between nation selection. It is additionally controlled by the Hague Convention on the Protection of Children and Cooperation in Respect of Inter-Country Adoption, 1993 (the HC) and it has been approved by around 90 nations.

Problems Arising in Case of Inter-Country Adoption

Child trafficking

In many cases, the child becomes the victim of human trafficking. Children are sold after being taken out of the country by providing false information about the child and forging documents.

Post-Adoption Negligence

In transnational adoption, post-adoption monitoring is extremely tough and hence the child may be prone to negligence by the adoptive parents.

The Youngest single parent in India

Aditya Tiwari, a 27-year-old software engineer, had applied for adopting Binny, a child with down syndrome to one of the private child adoption agencies in India. His application got rejected because he did not attain 30 years which is the legal age for adopting a child in India and that, he is not married. The matter was investigated upon, and it was found that Binny along with other children was prepared to send to Delhi for illegal foreign adoption. But now Aditya’s matter was taken into consideration and the law regarding the minimum age for adopting a child got reduced to 25 years by the parliament.

The way forward

India is on the brink of banning commercial surrogacy for everyone except couples married for more than 5 years, by enacting the Surrogacy (Regulation) Act, 2016. After this enactment, the only way, by which a single parent could raise a child will be by adoption . Adoption laws in the country are very procedural but the adoption agencies and societal pressures, be it ever so stupid, are a hindrance to single parents who want to adopt children.

If a woman wants to adopt a child, the society will throw logically deviated questions at her, and might even exclude her from the communal arena, this mindset needs to take a backseat for single parents to take over the wheel.

Conclusion

Adopting a child is a very noble cause, and I believe, the barriers of religion, caste, etc., shouldn’t overshadow a noble deed like this. A couple who wants to raise a child, but because of a biological deformity cannot do so, or a single parent who wants to adopt a baby, is denied adoption, just because he is not married is not a good enough excuse for the same, hence I believe the right to adoption should be included in the Fundamental Rights of the Constitution of the Country.

References

http://cara.nic.in

www.wcd.nic.in

http://indianexpress.com/article/lifestyle/feelings/daddys-little-boy/

http://tcw.nic.in/Acts/Hindu%20adoption%20and%20Maintenance%20Act.pdf

http://cara.nic.in/PDF/JJ%20act%202015.pdf

http://ncpcr.gov.in/showfile.php?lang=1&level=1&&sublinkid=270&lid=708

The post Single Parent Adoption in India appeared first on iPleaders.

Single Parent Adoption in India syndicated from https://namechangersmumbai.wordpress.com/

[loyallogic]

Single Parent Adoption in India

In this article, Utkarsh Trivedi, of The National Law University of Odisha, Cuttack,. discusses adoption laws in India with special emphasis on single parent adoption.  

Introduction

A study by the Indian Association for Promotion of Adoption and Child Welfare has reported that the number of single women who want to adopt is growing steadily in India, and this is supplemented by the want of having a family.

Adoption in India for Buddhists, Jains, and Sikhs is maintained by the Hindu Adoptions and Maintenance Act, 1956.

Muslims, Parsis, Christians, and Jews do not recognise complete adoption, so if a person belonging to such religion has a desire to adopt a child, he/she can take the guardianship of a child under section 8 of the Guardians and Wards Act, 1890.

The Juvenile Justice (Care and Protection of Children Act, 2000) and The CARA Guidelines and Adoption Regulations, 2017 are supplementary acts to the action for adoption.

Who can adopt?

Under THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 following category of people can make adoptions:

“Any male Hindu (including Buddhist, Jain or Sikh by religion) who is of sound mind, not a minor and is eligible to adopt a son or a daughter”. But if such male has a living spouse at a time of adoption then he can adopt a child only with a consent of his wife (unless she has been declared incompetent to give her consent by the court).

“Any female Hindu (including Buddhist, Jain or Sikh by religion) who is not married, or if married, whose husband is not alive or her marriage has been dissolved or her husband has been declared incompetent by the court has the capacity to take a son or daughter in adoption”.

So according to the act, if you’re a Hindu (Hindu here includes Buddhist, Sikh , and Jain) of sound mind and have attained majority, you can adopt a child, but if you have a living spouse at the time of adoption, then you need the permission of the spouse.

Adoption rules for Muslims

The Islamic term for what is generally called adoption is kafala. A guardian/ward role is played out rather than a parent. This relationship has specific rules. These rules are mainly to preserve the integrity of the family line. Adoption is certainly not prohibited. What is unlawful is to attribute one’s adopted child to oneself, as if there is a biological relationship. This is because Islam seeks to safeguard biological lineage and not confuse lineage.

In a recent judgement of Shabnam Hashmi v. Union of India and Ors. AIR 2014 SC 1281, the apex court has held that the secular laws of adoption will supersede personal laws in this regard and that Muslims can adopt under the Juvenile Justice (Care and Protection of Children) Act 2000. The honorable justice, while ruling stated,“The Juvenile Justice Act 2000 is a secular law enabling any person, irrespective of the religion he professes, to take a child in adoption. It is akin to the Special Marriage Act 1954, which enables any person living in India to get married under that Act, irrespective of the religion he follows. Personal beliefs and faiths, though must be honoured, cannot dictate the operation of the provisions of an enabling statute,” was a ruling given by a bench headed by Chief Justice P. Sathasivam.

Adoption rules for Christians and Parsis

The personal laws of Christians and Parsis do not recognise adoption and so, in this case, an adoption is done from an orphanage, by obtaining permission from the judiciary i.e. by the courts under The Guardians and Wards Act as the Christians have no adoption act.

Since adoption is the legal association of a child so adopted, it comes under the personal law of the religion of the parents wanting to adopt. Christians have no adoption laws hence they have to approach the court under the Guardians and Wards Act, 1890. Christians can take a youngster under the said Act just under foster or child care. Once a child under foster care becomes major, he is free to walk away from all his connections. Besides, such a child does not have a legal right of inheritance under Christian Law.

There is no law regulating adoption among Christians in India. In the absence of a statutory or customary adoption recognized by courts, foster children are not treated in law as children.

But it is to be noted that the amendments by the Supreme Court in the Juvenile Justice Act after the Shabnam Hashmi case held that the secular laws of adoption will supersede personal laws in this regard and therefore Christians can be parents of children and not just have them under foster care.

Single parent Adopting a child

According to the Juvenile Justice Act that was amended in 2006, adoption means, “The process through which the adopted child is permanently separated from his biological parents and becomes the legitimate child of his adoptive parents with all the rights, privileges and responsibilities that are attached with the relationship.”

The most intriguing progress is by the Central Adoption Resource Agency (CARA) Guideline, 2015 issued by the Ministry of Women and Child Development with help from Ms. Maneka Gandhi. The guidelines govern the adoption of children that allow a single female to adopt a child of any gender. Also, the age limit for single parent adoption has been significantly lowered, from 30 to 25 as well.

Therefore, in India, the issue of not being able to adopt a child if you are a single parent is no longer a major problem.

Adoption rules for Males under the Juvenile Justice Act.

Under the Juvenile Justice Act, a single male is not lawfully prescribed to adopt a girl child. The relevant section of the act is as follows:

(1) The prospective adoptive parents shall be physically fit, financially sound, mentally alert and highly motivated to adopt a child for providing a good upbringing to him.

(2) In case of a couple, the consent of both the spouses for the adoption shall be required.

(3) A single or divorced person can also adopt, subject to fulfilment of the criteria and in accordance with the provisions of adoption regulations framed by the Authority.

(4) A single male is not eligible to adopt a girl child.

(5) Any other criteria that may be specified in the adoption regulations framed by the Authority.

This is criticized as clause 4 is not arguing in favour of gender neutrality which is the need of the hour, but keeping.  in mind safety and relevance to certain problems that on

How to adopt a child in India

The steps needed to adopt a child in India are as follows:

Parents wishing to adopt have to register online or can reach District Child Protection Officer (DCPO) to register the prospective parents online. The application form is also available at the website of CARA.

The adoption agency then creates a Home Study report, describing the various factors and compliances of the family within 30 days of the registration of prospective parents.

The home study report is posted on the database by the concerned agency.

The parents are then allowed to choose their prospective child based on their preferences and choices.

They are shown photographs of the child their study reports and the child’s medical examination reports, of up to 6 children.

The adoptive parents have the option of reserving one child within a period of 48 hours for the possible adoption while rest of the children would be released for other prospective parents.

The adoption agency will then fix the meeting of the prospective adoptive parents to access whether they are suitable parents for the child or not. The parents should also be allowed to have a meeting with the child.

This entire process of matching should not take more than 15 days.

While accepting the child the prospective adoptive parents should sign the Child Study Report in presence of a social worker as a witness.

In case the parent or the child is not compatible, the process is followed to start the matching procedure again.

Costs incurred in adopting a child in India

Under CARA rules, an adoption within India should cost no more than Rs 46,000: registration for Rs 1,000, the home study process for Rs 5,000 and Rs 40,000 for the agency’s official child-care corpus fund.

Foreign program fees

Adoption agency fees

Travel expenses

Home study costs

Documentation and application fees

Third party costs

These expenses are paid not all at once, but over the course of the adoption journey. Many agencies and independent organizations offer loans and grants to help families achieve their dreams of adoption. If you have questions about financial aid, consult an adoption professional.

External Agencies that help to adopt a child in India

Adoption is a big decision for which you need proper support and guidance at every step. There is a lot of time-consuming paperwork and procedures involved. The assistance of reputed adoption agencies can reduce your levels of anxiety associated with adoption.

Some agencies that are well reputed are listed below:

Children Of The World (India) Trust

401, Arun Chambers, 4th Floor, Tardeo Mumbai

Tel: 91-022-23520249, 91-22-23520032, 56602196

Delhi council of child welfare

Delhi Council For Child Welfare,

“Palna” Civil Lines,Qudsia Garden, Yamuna Marg,

Delhi – 110054,Tel: 91-11-23968907 91-11-23944655

Inter-Country Adoption

On the global front, the Convention on the Rights of the Child (CRC) manages the issues of between nation selection. It is additionally controlled by the Hague Convention on the Protection of Children and Cooperation in Respect of Inter-Country Adoption, 1993 (the HC) and it has been approved by around 90 nations.

Problems Arising in Case of Inter-Country Adoption

Child trafficking

In many cases, the child becomes the victim of human trafficking. Children are sold after being taken out of the country by providing false information about the child and forging documents.

Post-Adoption Negligence

In transnational adoption, post-adoption monitoring is extremely tough and hence the child may be prone to negligence by the adoptive parents.

The Youngest single parent in India

Aditya Tiwari, a 27-year-old software engineer, had applied for adopting Binny, a child with down syndrome to one of the private child adoption agencies in India. His application got rejected because he did not attain 30 years which is the legal age for adopting a child in India and that, he is not married. The matter was investigated upon, and it was found that Binny along with other children was prepared to send to Delhi for illegal foreign adoption. But now Aditya’s matter was taken into consideration and the law regarding the minimum age for adopting a child got reduced to 25 years by the parliament.

The way forward

India is on the brink of banning commercial surrogacy for everyone except couples married for more than 5 years, by enacting the Surrogacy (Regulation) Act, 2016. After this enactment, the only way, by which a single parent could raise a child will be by adoption . Adoption laws in the country are very procedural but the adoption agencies and societal pressures, be it ever so stupid, are a hindrance to single parents who want to adopt children.

If a woman wants to adopt a child, the society will throw logically deviated questions at her, and might even exclude her from the communal arena, this mindset needs to take a backseat for single parents to take over the wheel.

Conclusion

Adopting a child is a very noble cause, and I believe, the barriers of religion, caste, etc., shouldn’t overshadow a noble deed like this. A couple who wants to raise a child, but because of a biological deformity cannot do so, or a single parent who wants to adopt a baby, is denied adoption, just because he is not married is not a good enough excuse for the same, hence I believe the right to adoption should be included in the Fundamental Rights of the Constitution of the Country.

References

http://cara.nic.in

www.wcd.nic.in

http://indianexpress.com/article/lifestyle/feelings/daddys-little-boy/

http://tcw.nic.in/Acts/Hindu%20adoption%20and%20Maintenance%20Act.pdf

http://cara.nic.in/PDF/JJ%20act%202015.pdf

http://ncpcr.gov.in/showfile.php?lang=1&level=1&&sublinkid=270&lid=708

The post Single Parent Adoption in India appeared first on iPleaders.

Single Parent Adoption in India published first on https://namechangers.tumblr.com/

[myeditorialsarchive]

Kerala's move to challenge CAA: Needn’t tell Governor when suing Centre, says P. Sathasivam

Kerala's move to challenge CAA: Needn’t tell Governor when suing Centre, says P. Sathasivam

{$inline_image}

The former Kerala Governor and a retired Chief Justice of India said that the courtesy may be extended to the Governor as he was the constitutional head of the State.

Read More : Kerala's move to challenge CAA: Needn’t tell Governor when suing Centre, says P. Sathasivam Courtesy : The Hindu – National

[impossiblydeepdreamer]

Humbled and privileged for the insights received by the Hon'ble Kerala Governor Shri Palanisamy Sathasivam (40th Chief Justice of India) on the issues of governance and Judisary. #GGY2018 #VIF https://www.instagram.com/p/BrnANoqgUC2/?utm_source=ig_tumblr_share&igshid=114owg2z6inn6

[bestonlinegk]

भारत  गणराज्य में अब तक कुल 45 (वर्तमान मुख्य न्यायाधीश सहित) न्यायाधीशों ने मुख्य न्यायाधीश के रूप में सेवा की है। न्यायमूर्ति श्री एच जे कनिया भारत के पहले मुख्य न्यायाधीश थे तथा वर्तमान मुख्य न्यायाधीश न्यायमूर्ति श्री दीपक मिश्र हैं।

1. एच. जे. कनिया(Harilal Jekisundas Kania) – 26 जनवरी 1950 से 6 नवम्बर 1951

2. एम. पतंजलि शास्त्री (Mondko Ltur Patanjali Sastry) 7 नवम्बर 1951 से 3 जनवरी 1954 तक

3. मेहरचंद महाजन (Mehr Chand Mahajan) – 4 जनवरी 1954 से 22 दिसम्बर 1954 तक

4. बिजन कुमार मुखरीजा (Bijan Kumar Mukherjee) – 23 दिसम्बर 1954 से 31 जनवरी 1956 तक

5. सुधी रंजन दास (Sudhi Ranjan Das) – 1 फरवरी 1956 से 30 सितम्बर 1959 तक

6. भुवनेश्वर प्रसाद सिन्हा (Bhuvaneshwar Prasad Sinha) – 1 अक्टूबर 1959 से 31 जनवरी 1964 तक

7. पी. बी. गजेन्द्रगडकर (P. B. Gajendragdkr) – 1 फ़रवरी 1964 से 15 मार्च 1966 तक

8. अमल कुमार सरकार (Amal Kumar Sarkar) – 16 मार्च 1966 से 29 जून 1966 तक

9. कोका सुब्बा राव (Koka Subba Rao) – 16 मार्च 1966 से 29 जून 1966 तक

10. कैलाश नाथ वान्चू (Kailash Nath Wanchoo) – 12 अप्रैल 1967 से 24 फ़रवरी 1968 तक

11. मोहम्मद हिदायतुल्ला (Mohammad Hidayatullah) – 25 फ़रवरी 1968 से 16 दिसम्बर 1970 तक

12. जयंतीलाल छोटेलाल शाह (Jayantilal Chhotalal Shah ) – 17 दिसम्बर 1970 से 21 जनवरी 1971 तक

13. सर्व मित्र सिकरी (Sarv Mitra Sikri) – 22 जनवरी 1971 से 25 अप्रैल 1973 तक

14. अजीत नाथ राय (Ajit Nath Ray) – 26 अप्रैल 1973 से 27 जनवरी 1977 तक

15. मिर्जा हमीदुल्ला बेग (Mirza Hameedullah Beg) – 28 जनवरी 1977 से 21 फ़रवरी 1978 तक

16. यशवंत विष्णु चंद्रचूड़ (Yeshwant Vishnu Chandrachud ) – 22 फ़रवरी 1978 से 11 जुलाई 1985 तक

17. प्रफुल्लचंद नटवरलाल भगवती (Prafullachandra Natwarlal Bhagwati)-12 जुलाई 1985 से 20 दिसम्बर 1986

18. रघुनंदन स्वरूप पाठक (Raghunandan Swarup Pathak) – 21 दिसम्बर 1986 से 18 जून 1989 तक

19. ई. एस. वेंकटरमैय्या (Engalaguppe Seetharamiah Venkataramiah -19 जून 1989 से 17 दिसम्बर 1989 तक

20. एस. मुखर्जी (Sashadhar Mukherjee) – 18 दिसम्बर 1989 से 25 सितम्बर 1990 तक

21. रंगनाथ मिश्र (Ranganath Misra) – 26 सितम्बर 1990 से 24 नवम्बर 1991 तक

22. कमल नारायण सिंह (Kamal Narain Singh) – 25 नवम्बर 1991 से 12 दिसम्बर 1991 तक

23. मधुकर हीरालाल कनिया (Madhukar Hiralal Kania) – 13 दिसम्बर 1991 से 17 नवम्बर 1992 तक

24. ललित मोहन शर्मा(Lalit Mohan Sharma ) – 18 नवम्बर 1992 से 11 फ़रवरी 1993 तक

25. एम. एन. वेंकटचेलैय्या (M. N. Venktchelayya) – 12 फ़रवरी 1993 से 24 अक्टूबर 1994 तक

26. अज़ीज़ मुशब्बर अहमदी(Aziz Mushabber Ahmadi) – 25 अक्टूबर 1994 से 24 मार्च 1997 तक

27. जगदीश शरण वर्मा (Jagdish Sharan Verma) – 25 मार्च 1997 से 17 जनवरी 1998 तक

28. मदन मोहन पुंछी (Madan Mohan Punchhi) – 18 जनवरी 1998 से 9 अक्टूबर 1998 तक

29. आदर्श सेन आनंद (Adarsh Sein Anand) – 10 अक्टूबर 1998 से 11 जनवरी 2001 तक

30. सम पिरोज भरुचा (Even Piroj Brucha) – 11 जनवरी 2001 से 6 मई 2002 तक

31. भूपेंद्र नाथ कृपाल(Bhupinder Nath Kirpal ) – 6 मई 2002 से 8 नवम्बर 2002 तक

32. गोपाल बल्लभ पटनायक (Gopal Ballav Pattanaik) – 8 नवम्बर 2002 से 19 दिसम्बर 2002 तक

33. वी. एन. खरे (Vishweshwar Nath Khare) – 19 दिसम्बर 2002 से 2 मई 2004 तक

34. राजेन्द्र बाबू (Rajendra Babu) – 2 मई 2004 से 1 जून 2004 तक

35. रमेश चंद्र लहोटी (Ramesh Chandra Lahoti) – 1 जून 2004 से 1 नवम्बर 2005 तक

36. योगेश कुमार सभरवाल (Yogesh Kumar Sabharwal) – 1 नवम्बर 2005 से 13 जनवरी 2007 तक

37. के. जी. बालकृष्णन (Konakuppakatil Gopinathan Balakrishnan) – 13 जनवरी 2007 से 11 मई 2010 तक

38. एस एच कापड़िया (Sarosh Homi Kapadia) – 12 मई 2010 से 28 सितम्बर 2012 तक

39. अल्तमस कबीर (Altamas Kabir) – 29 सितम्बर 2012 से 18 जुलाई 2013 तक

40. पी सतशिवम (Palanisamy Sathasivam ) – 19 जुलाई 2013 से 27 अप्रैल, 2014 तक

41. राजेन्द्र मल लोढ़ा (Rajendra Mal Lodha) – 27 अप्रैल, 2014 से 27 सितम्बर, 2014 तक

42. एच. एल. दत्तू (Handyala Lakshminarayanaswamy Dattu ) – 28 सितम्बर 2014 से 2 दिसम्बर, 2015 तक

43. टी. एस. ठाकुर (Tirath Singh Thakur ) – 3 दिसम्बर, 2015 से 03 जनवरी 2017 तक

44. जगदीश सिंह खेहर (Jagdish Singh Khehar) – 04 जनवरी 2017 से 27 अगस्त 2017 तक.

45. दीपक मिश्रा ( Deepak Mishra ) - 28 अगस्त 2017 अब तक 

जाने कैसे होती है प्रधान न्यायाधीश की नियुक्ति

1.    भारत के संविधान में इस बात का जिक्र है कि सुप्रीम कोर्ट में एक चीफ जस्टिस होगा, लेकिन इसके चयन की प्रक्रिया के बारे में कोई खास ब्योरा नहीं है. सिर्फ आर्टिकल 126 है जिसमें कार्यकारी चीफ जस्टिस की नियुक्ति का विवरण है. ऐसे में देश में  प्रधान न्यायाधीश की नियुक्ति के लिए परंपराओं का पालन किया जाता रहा है. 

2.    न्यायाधीशों की नियुक्ति से संबंधित प्रक्रिया पत्रक के अनुसार भारत के प्रधान न्यायाधीश पद के लिए शीर्ष अदालत के वरिष्ठतम न्यायाधीश को उपयुक्त माना जाना चाहिए. वरिष्ठतम से मतलब उम्र नहीं बल्कि सुप्रीम कोर्ट में सेवा काल से है. पत्रक में कहा गया है कि विधि मंत्री उचित समय पर निवर्तमान प्रधान न्यायाधीश से अगले सीजेआई की नियुक्ति के बारे में सिफारिश मांगेंगे.

3.    प्रधान न्यायाधीश यानी सीजेआई की नियुक्ति की सिफारिश मिलने के बाद विधि मंत्री इसे प्रधानमंत्री के समक्ष रखते हैं. इसके बाद प्रधानमंत्री इसे राष्ट्रपति के सामने रखते हैं और विचार विमर्श करते हैं. प्रधानमंत्री द्वारा सुझाये गए नाम पर राष्ट्रपति विचार-विमर्श के बाद अंतिम निर्णय करते हैं. नाम तय होने के बाद नए सीजेआई को रा��्ट्रपति शपथ दिलाते हैं. 

4.    आपको बता दें कि वर्ष 1950 में सुप्रीम कोर्ट की स्थापना के बाद अब तक देश में 45 सीजेआई की नियुक्ति हो चुकी है. इसमें वर्तमान प्रधान न्यायाधीश दीपक मिश्रा भी शामिल हैं. जस्टिस दीपक मिश्रा ने जस्टिस रंजन गोगोई के नाम की सिफारिश की है. अगर उनकी नियुक्ति होती है तो वे पूर्वोत्तर भारत से देश के पहले CJI होंगे.

5.    27 जनवरी को जारी अधिसूचना के मुताबिक सुप्रीम कोर्ट के चीफ जस्टिस का वेतन एक लाख रुपये से बढ़ाकर 2.80 लाख रुपये प्रति महीने कर दिया गया है. वेतन के अतिरिक्त प्रधान न्यायाधीश को सरकारी आवास, गाड़ी और कर्मचारियों आदि के भत्ते भी मिलते हैं.

[batexamin]

Kerala General Knowledge Quiz Questions and Answers

Facts About Kerala

Facts About Kerala – Kerala – The God’s Own Country is socially the most advanced state in India.  Kerala is the land of beauty with the long beaches, rivers with charming mountains.  The health care system is highly advanced. Modern hospitals here match facilities available in developed countries.Everyone is literate here and most are High School educated. With the Arabian Sea in the west, the Western Ghats towering 500-2700 m in the east and networked by 44 rivers, Kerala enjoys unique geographical features that have made it one of the most sought after tourist destinations in Asia. Kerala enjoys India’s lowest infant mortality and highest life expectancy rates, the highest physical quality of life in India. Peaceful and pristine, Kerala is India’s cleanest state. Nick Names : God’s Own Country, Spice Garden of India, Land of Coconut Trees     Government of Kerala Chief Minister : Oommen Chandy Governor : Former Chief Justice of India P Sathasivam Capital : Thiruvananthapuram Kerala High Court :  Headquartered at Kochi, Ernakulam. It is also the highest court in the Union Territory of Lakshadweep. Chief Justice : Justice Ashok Bhushan     State Symbols  State Animal : Indian Elephant State Bird : Great Hornbill State Fish : Pearl Spot State Flower : Golden Shower Tree Flower State Tree : Coconut Tree     Wildlife Sanctuaries (WLS) Aralam WLS Chimmony WLS Chinnar WLS Chulannur Peafowl WLS Idukki WLS Kottiyoor WLS Kurinjimala WLS Malabar WLS Mangalavanam Bird WLS Neyyar WLS Parambikulam WLS Peechi-Vazhani WLS Peppara WLS Periyar WLS Shendurney WLS Thattekad Bird WLS Wayanad WLS     National Parks Anamudi Shola National Park Eravikulam National Park Mathikettan Shola National Park Pambadum Shola National Park Periyar National Park Silent Valley National Park     Bio Sphere Reserves Agasthyamalai Biosphere Reserve Nilgiri Biosphere Reserve     UNESCO Heritage Site in Kerala Western Ghats – Includes Sahyadri Sub-Cluster, Kudremukh Sub-Cluster, Talakaveri Sub-Cluster, Nilgiri Sub-Cluster, Anamalai Sub-Cluster, Periyar Sub-Cluster and Agasthyamalai Sub-Cluster.     Other Famous Sites Pallakad Fort Napier Museum Koyikkal Palace Koder House Krishna Menon Museum Thalassery Fort     Religion The population is nearly equally divided among the three communities. Christianity came to this land quite early. Many believe that St. Thomas, the disciple of Jesus, came to Kerala in AD 52 and founded Christianity here.   Major Cities Thiruvananthapuram Kollam Kochi Thrissur Kozhikode     Seats Assembly Seats : 140+ 1 Anglo Indian Nominee Lok Sabha Seats : 20+ 1 Anglo Indian Nominee Rajya Sabha seats : 9   Major Dances – Kathakali, Mohiniattam, Theyyam, and Thullal.   Main Festivals – Onam and Vishu   Thermal Power Plants Brahmapuram Power Station Kozhikode Power Station Kayamkulam Power Station     Famous Waterfalls – Athirrapally, Vazhachal, and Palaruvi   Backwaters – Alapuzha, Kollam, Veli, Kochi, and Kumarakom   Lakes – Vembanad, Kayamakulam, and Ashtamudi     Major Rivers Bharathapuzha Chalakkudy Kallada Karamana Karuvanoor Keecheri Kuttiadi Neyyar Pamba Periyar Thodupuzha     Ports in Kerala Kochi Port – an all-weather natural harbour, is the major port present in Kerala. Other minor ports include Kollam Port and Vizhinjam International Seaport.     Random Facts Kerala is the only state in India where Ayurveda is still a main stream medicine. Female to male sex ratio is highest in India Kerala is a state where you can see Asian elephants very commonly. National Highway 47A, also known as NH 47A, is the shortest highway in the Indian Highway network. It covers a distance of 6 km (3.7 mi) between Kundannoor and Willingdon Island in Kochi, Kerala Elephants are entwined with Kerala’s culture from ancient times. Life expectancy rate in Kerala is the highest in India. Kerala is the single largest producer of a number of other crops like banana and ginger, besides tea and coffee in abundance. Worlds first Teak Plantation was in Kerala, built by the British. World’s Largest and Longest Teak are in Kerala. World’s Only Teak Museum is in Nilambur, Kerala. First Recorded Kingdom: Empire Chera Ruled Kerala from Vanchi. Coir and cashew are two large industries in Kerala. Hand-loom and bamboo-based industries are well developed.     Famous Personalities of Kerala Sree Narayana Guru – Great Saint of India. Vaikom Mohammed Basheer – Famous Writer V K Krishna Menon – Former Defence Minister of India and renowned Statesman. Kumaran Asan – Famous poet of Kerala Kocheril Raman Narayanan – Former President of India Adoor Gopalakrishnan – One of the leading lights of the New Indian Cinema PT Usha – Athlete Verghese Kurien – Father of the white revolution Raja Ravi Varma Krishna Pillai – One of the first freedom fighters of Kerala. Arundhati Roy – writer awarded the Booker Prize in 1997 for The God of Small Things, located in Kerala. Born in Kerala  

Kerala General Knowledge Quiz Questions and Answers

  Who was the first Chief Justice of High Court of Kerala?  (A) Justice K. T. Kosi (B) K. Sankaran (C) M. S. Menon (D) T. C. Raghvan  Answer:Justice K. T. Kosi  2. Who founded the 'Kollam Era' of Kerala?  (A) Rejasekhara Varman (B) Sthanu Ravi Varman (C) Aditya-I (D) Kulasekhara Alvar  Answer:Rejasekhara Varman  3. Which was the main centre of Salt Satyagraha in Kerala?  (A) Malabar (B) Cochin (C) Travancore (D) None of these  Answer: Malabar  4. Name the leader from Kerala who became the General Secretary of Indian National Congress twice.  (A) C. Sankaran Nair (B) K Madhavan Nair (C) Veluthampy Dalava (D) G. P. Pillai  Answer: G. P. Pillai 5. Which of the following Passes lies in Kerala?  (A) Palakkad (B) Borghat (C) Thalghat(D) None of these  Answer: Palakkad  6. Which is the highest peak of Kerala?  (A) Agasthyamalai (B) Kotamalai (C) Anaimudi (D) Dada Beta  Answer: Anaimudi  7. Which of the following is the smallest river of Kerala?  (A) Kallai (B) Ramapuram (C) Ayiroor (D) Bangra Manjeswara  Answer: Bangra Manjeswara  8. Peerumedu received highest rainfall in Kerala is located in which district?  (A) Kannur (B) Idukki (C) Kasaragode (D) Thrissur  Answer: Idukki  9. Which district of Kerala has the largest area under forest cover?  (A) Alappuzha (B) Kollam (C) Kannur (D) Idukki  Answer: Idukki  10. Who was the Governor of Kerala when it came under President Rule for the first time?  (A) Ajith Prasad (B) Dr. B. Amakrisna Rao (C) V. V. Giri (D) Bhagwan Sahay  Answer: Ajith Prasad  11. Which state is the largest producer of coconut in India?  (A) Karnataka (B) Goa (C) Kerala (D) Andhra Pradesh  Answer: Kerala  12. Iron ore deposits in Kerala are located in–  (A) Kozhikode (B) Kannur (C) Malappuram (D) Both A and C  Answer: Both A and C  13. Which Industrial sector in Kerala provides maximum employment?  (A) Handloom Industry (B) Coir Industry (C) Beedi Industry (D) Bamboo Industry  Answer: Coir Industry  14. Where is the wind farm power project in Kerala located?  (A) Kanjikode (B) Ramakkalmedu (C) Kayamkulam (D) Both A and B  Answer: Both A and B  15. Who is the first chief minister of Kerala to complete the tenure of 5 years?  (A) A. K. Antony (B) C. Achutha Menon (C) V. S. Achuthanandan (D) None of these  Answer: C. Achutha Menon  16. Rajeev Gandhi Grameen Vidyuthikaran Yojana in Kerala has been implemented in–  (A) 5 districts (B) 8 districts (C) 7 districts (D) 12 districts Answer: 7 districts 17. Which district of Kerala has the lowest sex-ratio?  (A) Idukki (B) Kasargode (C) Wayanad (D) Ernakulam  Answer: Idukki  18. Which pilgrim centre of Kerala is known as 'Dwarka of South'?  (A) Sabarimala (B) Varkala (C) Thiruvananthapuram (D) Guruvayoor  Answer: Guruvayoor  19. The month of Chingam in Kerala's calendar is from–  (A) February-March (B) June-July (C) August-September (D) November-December Answer: August-September  20. Which festival of Kerala marks the new year?  (A) Onam (B) Vishu (C) Arattu (D) Pooram  Answer: Vishu  21. Kerala Kalamandalam gained the status of a deemed university in–  (A) 2007 (B) 2005 (C) 2001 (D) 2009 Answer: 2007  22. In which district of Kerala Vembanand lake is situated?  (A) Alappuzha (B) Kochi (C) Kottayam (D) Kollam  Answer: Kottayam  23. Number of National Highways in Kerala are–  (A) 8 (B) 9 (C) 10 (D) 11  Answer: 9 24. Which among the following is the major port in Kerala?  (A) Cochin (B) Vizhinjam (C) Beypore (D) Azhikkal  Answer: Cochin  25. Which among the following is the embankment dam located in Kerala?  (A) Neyyar Dam (B) Mattupetty Dam (C) Parambikulam Dam (D) Peechi Dam  Answer: Parambikulam Dam     People On This Page Also Searched For

Important 50 Question about Kerala General Knowledge Questions, Kerala State Quiz, Kerala General Knowledge Quiz Questions and Answers, Kerala GK & Current Affairs 2018 Question Answers PDF Download, Kerala GK Quiz General Knowledge - Current Affairs Questions Answers.

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[syllabuus-blog]

Vijayan presents road map for Kerala-Sharjah co-operation

Vijayan presents road map for Kerala-Sharjah co-operation

Thiruvananthapuram, Sep 25 (IANS) The Kerala cabinet on Monday presented a road map for cooperation between Kerala and Sharjah to visiting Supreme Council Member and Ruler of Sharjah Sheikh Sultan Bin Mohammed Al Qasimi.

The cabinet members, led by Chief Minister Pinarayi Vijayan, visited state Governor Justice (retd) P. Sathasivam’s official residence and presented to the Ruler of Sharjah the…

[vedikabhatt007-blog]

10 Things You Should Know About NOTA

NOTA gives a voter his “right to reject”.

Last year the Supreme Court finalized that the voters have a right to reject every candidate who contests the elections, with an idea that it would go a long way cleansing the political system. Here's everything that you must need to know about NOTA.

NOTA

Nota came with an idea that it could cleanse the political system of the country. The apex court told the Election Commission to have an option of 'None Of The Above' (NOTA) on the electronic voting machines or EVMs and ballot papers which were a major electoral reform.

How is a NOTA vote cast?

The EVMs keeps the NOTA option at the end of the list of candidates. Prior to this, in order to cast a negative ballot, a voter had to tell the officer at the polling booth. A NOTA vote doesn't need the presiding officer to get involved ever.

When was NOTA first used in India; how did it performed?

The option for NOTA was first used during the assembly elections, last year which was held in 5 states. Over 15 lakh people exercised the option in the state's polls. The figure was but lesser than 1.5% of the total voters. About 50,000 voters opted for NOTA in Delhi; 3.56 L in Chhattisgarh; 5.9 L in Madhya Pradesh and 5.67 L in Rajasthan.

It's heard that there was a similar provision before NOTA. What was it?

Prior to NOTA, people casting negative votes had to enter their names in a register and cast their vote on a separate paper ballot.The presiding officer would next put a remark on the form and get it signed by the voter as an act to avoid fraud or misuse of votes.

What difference does NOTA make?

A senior EC official said the NOTA option will never impact the results of the elections.The NOTA option has no electoral value. Though the maximum number of votes cast is for NOTA, the candidate who’s getting remaining votes is declared the winner.

Why NOTA exist if there is 'no electoral value'?

The SC said negative voting would at least encourage every people to turn up and express their opinion and reject the contestants.

Negative voting leads to a systemic change in polls and political parties and will be driving force to bring the clean candidates. If the right to vote is a must, then the right to reject a candidate is also a basic right of speech and expression under the Constitution, as stated by a bench headed by then Chief Justice of India, P Sathasivam.

How are 49(O) and NOTA different?

The 49 (O) remain annulled after the SC cleared the NOTA provision. It gives a chance to find out the reason behind their negative opinion about a candidate through the voter's remarks. Through NOTA, it remains uncertain, the reason for the rejection. Also, it saves the identity of a voter and hence keeps the concept of secret balloting intact.

Which other countries permit NOTA?

Colombia, Ukraine, Brazil, Bangladesh, Finland, Spain, Sweden, Chile, France, Belgium, and Greece permit their voters to cast NOTA votes. The US follows it in some cases.

NOTA cleared, politicians want compulsory voting now!

Leaders of the BJP, Narendra Modi, and LK Advani, welcomed the NOTA provision. But, they asked for another 'electoral reform'. Both leaders said that voting must be made mandatory.

Once Mr. Advani said and wrote in his blog that voters, without any legitimate justification, did not exercise the valuable right of a franchise that the Indian Constitution has put on them have, unwittingly hence, been casting a negative vote against all the contesting candidates without any intention on the same.

He added to that, therefore, he holds, that a negative vote would be really meaningful if it is accompanied also by the introduction of compulsory voting.

Using 'NOTA', on a lighter note

After his withdrawal from the contest for the Chandigarh Lok Sabha seat as the AAP candidate Savita Bhatti, comedian Jaspal Bhatti's widow and actor, have floated the 'NOTA Party' with a was of currency notes being its election symbol. Bhatti said that the party is inspired by the NOTA option which has been given to the voters.

It seems every party is targeting against corruption, rather with these initiatives, where would the corrupt go? So they decided that their party will offer a platform to only the corrupts. They are highly skilled and people with vast networking. So their strengths must also be utilized, said Savita who took a dig at the launch.

Now we conclude. We hope this article is helpful for you.

Keep looking into our space for titbits about several news and updates.

If you liked this article, then keep visiting our website Forummantra - A Place Where You Ask ! You Answer ! and remain connected by liking our Facebook page @ ForumMantra.

[legalupdatesbychiragshahand-blog]

Landmarkjudgement#2

NOTA Judgment 

  The former Chief justice of India P. Sathasivam took such a step “ in the interest of democracy” as it will send out a “signal to political parties and candidates what voters think about them”. “Not allowing a person to cast vote negatively defeats the very freedom of expression and the right ensured in Article 21, i.e., the right to liberty,” said the ruling. “Democracy is all…

[dayallegal-blog]

Ban on Santhara and Repeal of Law relating to suicide

On 10 August 2015, the Rajasthan High Court banned Santhara, a Jain ritual of voluntary fasting unto death, and made it an offence under Section 309 (attempt to suicide) of the Indian Penal Code. It held that any person supporting the practice would be prosecuted for abetting suicide.

The High Court said Santhara was not an essential religious practice of the Jain community which needed to be protected under the right to freedom of religion under Article 25 of the Constitution.

A batch of appeals were filed in the Supreme Court against this order. The petition by Akhil Bharat Varshiya Digambar Jain Parishad stated that Santhara was not an act to terminate one’s life but a vow intended to purify the soul from the karmas, and it could not be equated with the offence of suicide.

“Conceptually, Santhara or Sallekhana is different from suicide as this vow is not taken either in passion or in anger, deceit, etc. It is a conscious process of spiritual purification where one does not desire death but seeks to live his life, whatever is left of it, in a manner so as to reduce the influx of karmas,”the petition stated.

On the other hand, the petition stated, suicide is an offence of passion, abhorred in Jain religion. “Suicide is undertaken by a person in severe bouts of passion in anger, depression or hatred antithetical to the concept of peaceful and joyous renunciation which is the basis of Sailekhana or Santhara”, it stated.  

The appeal claimed it was unwise and improper to link a sacred practice of the Jain religion, premised on ahimsa (non violence), with suicide.

The Supreme Court on Monday, the 31 August 2015 stayed the Rajasthan High Court order which had declared the Jain ritual of Santhara a penal offence – a person, after taking a vow of Santhara, stops eating and drinking water and awaits death. A bench led by Chief Justice H.I. Dattu ordered a stay on the High Court order and issued notices to the state government and others.

The bench also admitted the appeal for hearing and granted leave. This means that the matter will come up for hearing only after a few years from now when other older appeals are decided.

It is right time to reconsider legal, moral and the social status of suicides. Let us examine the legal position first. Section 309 of the Indian Panel Code, 1860 makes attempt to commit suicide an offence punishable with simple imprisonment for a term which may extend to one year, or with fine or with both. The offence of suicide is cognizable. The law is not only archaic being, of the 19th century, but is also not morally justifiable. Even as far back as in 1970, the Law Commission’s 42nd report recommended repeal and found it “monstrous… to inflict further suffering on even a single individual who has already found life unreadable, and happiness so slender”. In 1972, a bill was introduced in the Raja Saba, and discussed in a join committee that lapsed in 1979.

In 1982, a bill was introduced in the Raja Saba, and even discussed in a joint committee that lapsed as there were conflicting decisions of the High Courts (Mumbai, Delhi High Court struck down the provisions, while Andhra Pradesh High Court upheld the same.  The important question regarding the scope of section 309 of the Indian Penal Code which makes an attempt to suicide punishable offence arose before the Supreme Court of India, in a case reported in P. Retina Nagbhusan Patnaik. V Union of India in the year 1994.  The Hon’ble Division Bench of the Supreme Court in a landmark judgement held that section 309 was violative of article 21 of the Constitution of India and declared it as void.  The judgement deals with the various aspects viz., religious, moral and legal, of suicide and has made a comparative study of the laws in various parts of the world. It is in this context that the Division Bench deals with the scope of article 21 of the Constitution of India qua the right of a person residing in India claiming a right to die within its compass.

Keeping in view various judgements of the American Courts and the Indian Courts it was held that the right to live which article4 21 speaks of can be to bring in its trail the right not to live a forced life.

However, in a later case reported as Gian Kaur v. State of Punjab in the year 1996, which came up for hearing before the Constitution Bench of 5 judges, the Hon’ble Supreme Court reversed its earlier decision and held that the right to life does not include the right to die.  The Supreme Court analysed the various earlier decisions viz. P. Rathinam v. Union of India, the Supreme Court held as under:

           “To give meaning and content to the word “life” in article 21, it has been construed as life with human dignity. Any aspect  of life which makes it dignified may be read into it but not that which extinguishes it and is, therefore, inconsistent with the continued existence of life resulting in effacing the right itself. The ‘right to die’, if any, is inherently inconsistent with the ‘right to life’ as is ‘death’ with life”.

In view of this matter, the Supreme therefore held that the Constitutional validity of sections 306 and 309 IPC are decided accordingly, by holding that neither of the two provisions is constitutionally invalid”. 

It may be pertinent to mention that the Law Commissions2010 Report, also wanted that provisions, relating to attempt to commit suicide, to be struck down.

The important question regarding making attempt to commit suicide, having been raised in the Santhara Case, pertaining to the religion Practice of the Jain Community, it is high time the entire matter of  criminalization of suicide be examined afresh may be by a larger Bench of the Supreme Court. It may be mentioned that the matter of legalizing euthanasia, has already been referred to constitution bench by the Bench presided over by then Chief Justice P Sathasivam in the following words:

However, a Bench led by Chief Justice P Sathasivam held in the year 2014 that the decision in 1996 did not arrive at a conclusion for validity of euthanasia, be it active or passive.

“In view of the inconsistent opinions rendered in Aruna Shanbaug case and also considering the important question of law involved which needs to be reflected in the light of social, legal, medical and constitutional perspective, it becomes extremely important to have a clear enunciation of law. Thus, in our cogent opinion, the question of law involved requires careful consideration by a Constitution Bench of this court for the benefit of humanity as a whole, “said the Bench.

Reference may be made to the Right to Live as provided under Article 21 of the Constitution of India, which is one of the valuable right enshrined in the said article. The word LIVE has been referred to as “Right to Live with human dignity in various judgements of the Hon’ble Supreme Court.

           “Right to live with human dignity and the same does not merely cannot continued drudgery. It takes within its fold ‘some of the finer graces of human civilization which makes life worth living’, and that the expanded concept of life would mean the ‘tradition, culture and heritage’ of the concerned person”.

 If a person has a right to live, question arises whether he also has a right not to live. Reference may be made to decision of the Supreme Court in R.C. Cooper v. Union of India ?, wherein it was stated that it cannot be seriously disputed that fundamental rights have their positive as well as their negative aspects, for example:

            “Freedom of speech and expression includes freedom not to speak. Similarly, the freedom of association and movement includes freedom not to join any association or move anywhere. So too, freedom of business includes freedom not to do business. It was therefore, stated that logically it must follow that the right to live will include right not to live, i.e. right to die or to terminate one’s life.”

           In my view, therefore, the question regarding the scope of section 309 of the Indian Panel Code which makes an attempt to suicide punishable offence should also be referred to the larger bench of Supreme Court for decision.

 Mr. Keshav Dayal 

Senior Advocate , Supreme Court Of India

Patron :Dayal Legal Associates.

DEEPAK DAYAL (MBA, LLB) | Managing Partner,

Dayal Legal Associates .India.

Advocate, Supreme Court Of India. 

contact@dayallegal.in

http://www.dayallegal.in M : +919560732244 O:   +919069113331

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SC Finds Merit in PIL against Gas Price Hike

The Supreme Court on Monday agreed to hear a PIL filed by senior CPI MP Gurudas Dasgupta accusing…

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Lalu Yadav gets bail in fodder scam case

New Delhi, Dec 14, 2013: In what is being viewed as a great respite for former railway minister and RJD chief Lalu Prasad Yadav, the Supreme Court of India on Friday granted him bail in the fodder scam case. The former Bihar Chief Minister was put behind the bars for the last two months after being awarded a five-year jail term.

On September 30, a special CBI court had convicted RJD chief Lalu Prasad Yadav along with former Bihar chief minister Jagannath Mishra and 43 others in the fodder scam case. The scam involved a fraudulent withdrawal of Rs 37.7 crore from Chaibasa Treasury, during Lallu’s scam-tainted chief-ministership.

An SC bench led by Chief Justice P Sathasivam granted bail to Lalu Prasad. The bench noted noted that several other similarly placed accused have already been granted bail in the case.

The SC bench left it to the trial court to decide the bail bonds, sureties and other conditions to be imposed on Lalu Prasad.

Prosecuting agency CBI did not oppose Lalu Prasad’s bail  plea. Earlier, Prasad had lost his membership of  Parliament after being convicted in the case. The accused had submitted that out of a total of 44  persons convicted in the same case, 37 have already been granted bail. No other accused has been denied bail after placing a bail plea.

Appearing for Lalu Prasad Yadav, senior advocate Ram Jethmalani argued that Lallu has already spent 12 months behind the bars, including two months of his five-year sentence. Jethmalani sought bail for his  client on the point that the Jharkhand High Court before which Lallu’s appeal is pending will take at least seven to eight years to decide the case.

After being awarded a five-year jail term in the fodder scam case, Prasad had moved the apex court challenging the order of the Jharkhand High Court. The Jharkhand High Court had earlier dismissed his  bail plea.

[hrln-india]

Gas pricing: SC to examine policy, issues notices to Centre, RIL

Senior advocate Colin Gonsalves, appearing for Dasgupta, submitted that the decision to raise the price needs to be examined as the Petroleum Minister has overruled the opinion of senior officers of the ministry and his predecessor. He also sought direction to RIL and NIKO to relinquish those areas of the KG basin forthwith as are recommended by CAG in its report and Centre to take possession of the area. The petition alleged that Moily was stalling arbitration proceedings against the RIL to recover a penalty of USD 1 billion from the firm for allegedly violating contractual obligations in gas extraction in the Krishna-Godavari basin. The petition pleaded for appointment of a third arbitrator (umpire) and expeditious completion of arbitration within 6 months. Senior advocate Harish Salve, appearing for RIL, opposed the petition and said that there is no point in "junking" arbitration proceedings. Dasgupta, in his petition, said that Moily was going against the recommendations of the Directorate General of Hydrocarbons (DGH) and the Comptroller and Auditor General (CAG) that the Mukesh Ambani-owned RIL should surrender a part of the gas block allotted to it and pay additional penalties. "It is therefore most respectfully prayed that this Court may graciously be pleased to issue an order directing the respondents no. 1 to 3 (Centre, Moily, Petroleum Ministry), in addition to the order disallowing cost recovery of USD 1 illion, to additionally and forthwith disallow cost recovery for the period 2012-13 to the extent of USD 1.7 billion and for the period 2013-14 to the extent of USD 2.4 billion," the petition said. It also said that CAG be asked to expeditiously complete financial audits of the project costs and Cabinet Secretary be directed to produce the entire record relating to the subject matter before the apex court. The decision of the Petroleum Minister to overrule the CAG and the Director General, Hydrocarbon and not insist on relinquishment is illegal and malafide. "All these decisions have been taken against the national interest and for collateral gain....The minister has made up his mind to overrule CAG and to provide windfall and unjustified gain to Reliance," the petition said. Dasgupta submitted that he had filed a complaint to the PMO on the issue but the prime minister did not take any decision on it and that he was forced to approach the Supreme Court. http://zeenews.india.com/business/news/companies/gas-pricing-issue-sc-issues-notices-to-ril-centre_80777.html

[dayallegal-blog]

Judicial Activism or Judicial Overreach

Some recent decisions of the Supreme Court, have prompted certain top leaders of the country, to make comments thereon which can have a far reaching effect on the working not only of the Judiciary but the Country as a whole.

The Finance Minister speaking in the context of the G.S.T. Bill urged MPs not to hand over budgetary and taxation powers to the judiciary. He claimed that the judiciary has been encroaching on legislative and executive authority. Quoting the exact words used in the news paper report of a leading newspaper “step by step brick by brick the edifice of India’s legislature is being destroyed” This was said during a discussion on the Appropriation No.2 Bill 2016 and the Finance Bill 2016 (Indian Express 12 May 2016) .

At a later function Mr. Jaitley further expressed concern in the following manner :

Pointing out that executive decisions have three layers of accountability – in that the people can seek changes in its decisions the courts can strike them down and they can be voted out by the people – Jaitley said: “Courts can not substitute the executive and say I (Judiciary) will exercise the executive power’. If you do so, the three options will not be available, which are there when the executive takes executive decisions”. Interacting with media persons at the Indian Women’s Press Corps, Jaitley expressed concern over judicial overreach and said a line needs to drawn: “Judicial review is (a) legitimate domain of judiciary but then the Lakshman rekha has to be drawn by all the institutions themselves. (The Lakshman rekha is very vital.. executive decisions are to be taken by the executive and not the judiciary.”

 He argued:” Just as independence of the judiciary is part of basic structure, the primacy of the legislature in policymaking is also part of basic structure… In the name of independence of judiciary , we cannot compromise the other two basic structures”. 

Referring to protests by many states over Supreme Court’s decision on National Eligibility Entrance Test, Jaitley asserted that the manner of holding the entrance test across the country is essentially an executive matter since it is in policy domain.  

According to the finance minister, the judiciary and the executive are “on the same page” over maintaining the fairness and integrity of exams at all costs.

Jaitley also maintained that despite the acrimonious debates between the Treasury and the Opposition benches, civility in discourse should be maintained in politics.  “We can have argument in a language that does not embarrass the polity.”

Defence Minister Manohar Parrikar, very recently said that some of the directions of the judiciary were “senseless” and “without any scientific basis”. The Hon’ble Minister said with reference to the Supreme Court Ban on vehicles with an engine capacity of 2000 cc and above in the capital. He is reported to have added some people who do not understand science have begun interpreting it.  These statements coming from the most important functionaries of the Govt, have sent a chain reaction in the senior members of the Bar.

Mr. Fali S Nariman, in his article “Surely, Mr. Jaitley Judges can, and have, crossed the line for a good cause’ appearing in the Indian Express dated May 19,  has quoted the learned professor of Law Upendra Baxi as under:

He says the highest court has “mutated the discourse of judicially unenforceable directive principles (as originally enacted) by incorporating them into Article 21 (as now interpreted)” and so converted human needs into human rights. It is therefore erroneous to speak of “judicial overreach” in the present-day Indian context when under our Constitution, enforcement of Fundamental Rights, including the right guaranteed under Article 21 (now expanded into infinitely diverse areas only remotely connected to “life” and “living) has become a constitutional duty, performed on an almost daily basis by judges in the Supreme Court (under Article 32 and 136) and by judges of high courts (under Article 226). It is just too late now for anyone – even a worthy cabinet minister – to cry halt to what Professor Baxi has so eloquently described as the ongoing judicial discourse about “converting human needs into human rights”.

However another learned member of the Bar T.R. Andhyarujina A) Arun Jaitley’s remarks on judicial activism are timely. The Supreme Court is increasingly, and controversially, asserting control over the executive and legislature.

The PIL was originally conceived as a jurisdiction firmly grounded on the enforcement of basic human rights of the disadvantaged unable to reach courts on their own.  The court’s function was to supplement the other government departments in improving the social and economic conditions of the marginalized sections. It did not assume the functions of supervising and correcting the omissions and actions of government or public bodies; it, rather, joined them in a cooperative efforts to achieve constitutional goals.

The public of India has now become accustomed to seeing the Supreme Court correcting government action in trifling matters which should not be its concern. The apex court has original jurisdiction only to entertain petitions for breach of fundamental rights under Article 32 of the Constitution, and therefore, these micro-managing exercises are hung on the tenuous jurisdictional peg of Article 32 taken with Article 21 or Article 14. In reality, no legal issues are involved in such petitions; the court is only moved for better governance and administration in such cases, which does not involve the exercise of any judicial function. Jaitley’s pungent statement, therefore, should revive the debate on the overreaching jurisdiction of the Supreme Court.

Chief Justice T.S Thakur, recently said that the onus is on executive if it wants less judicial interference and that the judiciary intervenes only when the executive fails in its constitutional duties. 

“Extent of judicial interference in governmental issues depends on how effectively and efficiently the government does its job. Which court would want to intervene if the government works efficiently and sincerely ? The courts only fulfil their constitutional duty and need would not arise if the governments do their job”, the CJI was quoted as saying in an interview to ETV News Network at Srinagar.

Days after Union Finance Minister Arun Jaitley claimed in his speech in Rajya Sabha that the judiciary had been encroaching on legislative and executive authority and that “step by step, brick by brick, the edifice of India’s legislature is being destroyed”. The CJI said that if there is neglect and failure on part of government agencies, judiciary will definitely play its role.

This statement resulted in the following reaction, on the said statement by Mr. Nitin Gadkari, who was reacting to Chief Justice of India T S Thakur’s assertion that the judiciary intervenes only when the executive fails, said there is a fair chance of failure in every field but to what extent a field can be allowed to intervene with the other is still debatable. “If the executive fails, just like if our government fails in the legislative wing, then people have a right to change us.  But as far as executive wing, judiciary and media are concerned, their rights and duties have been clearly mentioned in the Constitution, “he said.

As an author of the books “Makers of Indian Constitution” and Makers of the Supreme Court”, which were released by the then Chief Justice P Sathasivam, on 1 March 2013 and by Hon’be Mr. Just5ice Dipak Misra, Judge Supreme Court on 3 May 2016, I would like to quote the speech of Hon’ble Mr. Justice Harilal Jekisundas Kania, delivered on the opening of the Supreme e Court on 28th January 1956 

“The duty of interpreting that Constitution with an enlightened liberality falls on the Supreme Court. The Supreme Court will declare and interpret the law of the land, and, with the high traditions behind the Judiciary of this country, we are convinced that the work will be done in no spirit of formal or barren legalism. It will be our endeavour to interpret the Constitution, not as a rigid body, but, as a living organism, having within itself the force and power of self-government. We trust, that, in doing so, we shall allow the constitutional usages and conventions recognized in all civilized independent countries to be respected. The Supreme Court, however, under the colour of interpretation, cannot alter or amend the law. But, within the limits prescribed, we are quite sure that the Supreme Court will be able to make a substantial contribution towards the formation of India into a great until retaining its own civilization, traditions and customs. With the establishment of the Supreme Court of India, we shall develop our own jurisprudence based on our historical background and we trust that that will be an important and useful contribution to the creation of International Law.”

           Initially, the Courts exercised Powers of judicial review in a narrow sense, for striking down legislation only on the grounds of violation of fundamental rights and/or ultravires of the Constitution. However, later on administrative actions and orders were struck down on the ground of arbitrariness and unreasonableness, as enshrined under Article 14 of the Constitution, but the Courts were reluctant to strike down Provisions of the Constitution.

           However, the Supreme Court asserted its wide powers in the path breaking case of Kesarananda Bharti’s case in 1973, by holding and overruling its earlier decision in Golok Naths case by holding that even no amendment could be made to alter the basic structure of the Constitution.

           Post-emergency, the courts took upon themselves a more activist and social approach. The beginning of P.I.L’s in India, threw open the gates to the socially and economically sections of the Society, for their benefit. However later on in the 90’s the courts started entertaining PIL’s relating to environmental issues and even started monitoring issues relating to Pollution protection, conservation of forests and even vehicular pollution.

           In recent times, the traditional and conservative approach of the courts in exercising powers of judicial review have been vanishing and sphere of judicial activism has been expanded. Reference may be made only to 2 G Spectrum allocation cases (2012) and the recent judgement in allocation of Coal blocks (2014). Critics have been vary of the facts that the scope of judicial review has been widened, and the courts have struck down various legislations on the ground of arbitrariness, unreasonableness and malafides, and even interfered with Policy decisions.

The tussle between the judiciary and the legislative/Govt reached its zenith in the striking down of the law formulated by the Parliament and supported by the various states legislative assemblies, in relation to law relating to appointment of Judges to the highest judiciary.

           Lately the dispute is still pending in respect of the memorandum of Procedure framed by the government in relation to appointments to the higher judiciary, which has halted the progress of appointments of judges to the higher judiciary. Presently there appears to be a stalement, with little signs of a settlement, which is amplified with the conflicting views of the Senior members of the bar, referred to in the above article.

  Mr. Keshav Dayal 

Senior Advocate , Supreme Court Of India

Patron :Dayal Legal Associates.

DEEPAK DAYAL (MBA, LLB) | Managing Partner,

Dayal Legal Associates .India.

Advocate, Supreme Court Of India. 

contact@dayallegal.in

http://www.dayallegal.in M : +919560732244 O:   +919069113331