-year-old Pamela Mason is murdered. Edward Coolidge is tried and convicted of the crime, but the conviction is set aside by the landmark Fourth Amendment case "Coolidge vs. New Hampshire (1971)."1966 - Robert C. Weaver becomes the first African American Cabinet member when he is appointed United States Secretary of Housing and Urban Development.1968 - Johnny Cash performs live at Folsom State Prison1972 - Prime Minister Kofi Abrefa Busia and President Edward Akufo-Addo of Ghana are ousted in a bloodless military coup by Colonel Ignatius Kutu Acheampong.1974 - Seraphim is elected Archbishop of Athens and All Greece.1978 - United States Food and Drug Administration requires all blood donations to be labeled "paid" or "volunteer" donors.1982 - Shortly after takeoff, Air Florida Flight 90, a Boeing 737 jet, crashes into Washington, D.C.'s 14th Street Bridge and falls into the Potomac River, killing 78 including four motorists.1985 - A passenger train plunges into a ravine in Ethiopia, killing 428 in the worst railroad disaster in Africa.1986 - A month-long violent struggle begins in Aden, South Yemen between supporters of Ali Nasir Muhammad and Abdul Fattah Ismail, resulting in thousands of casualties.1988 - Lee Teng-hui becomes the first native Taiwanese President of the Republic of China.1990 - Douglas Wilder becomes the first elected African American governor as he takes office in Richmond, Virginia.1991 - Soviet Union troops attack Lithuanianindependence supporters in Vilnius, killing 14 people and wounding around 1000 others.1993 - Space Shuttle program: Endeavour heads for space for the third time as STS-54 launches from the Kennedy Space Center.1998 - Alfredo Ormando sets himself on fire in St. Peter's Square, protesting against homophobia.2001 - An earthquake hits El Salvador, killing more than 800.2012 - The passenger cruise ship Costa Concordia sinks off the coast of Italy due to the captainFrancesco Schettino's negligence and irresponsibility. There are 32 confirmed deaths.
CCEA approves continuation of Members of Parliament Local Area Development Scheme
============➖============
▪️The Cabinet Committee on Economic Affairs (CCEA) has given its approval to continuation of Members of Parliament Local Area Development Scheme (MPLADS) till term of 14th Finance Commission i.e. 2020.
▪️The continuation of scheme will entail annual allocation of Rs.3,950 crore and total outlay of Rs. 11,850 crores over next 3 years.
✔️ MPLAD Scheme
▪️The MPLAD Scheme is Central Sector Scheme launched in 1993-94. It enables Members of Parliament (both elected and nominated) to recommend works for creation of durable community assets based on locally felt needs to be taken up in their constituencies in area of national priorities like drinking water, education, public health, sanitation, roads etc.
▪️The Ministry of Statistics and Programme Implementation (MSPI) is nodal ministry to coordinate work under scheme.
▪️The scheme is governed by set of guidelines (last revised in June, 2016). Under this scheme, the funds are released in the form of grants in-aid directly to the district authorities on receipt of requisite documents and as per these guidelines.
▪️The funds released under the scheme are non-lapsable i.e. if the fund for particular work is not spent in that year, it will be carried forward to the subsequent years, subject to eligibility.
▪️The annual entitlement under the scheme per MP at present is Rs 5 crore. Role of MPs for the projects is only recommendatory i.e. they can only recommend their choice of works to concerned district authorities who implement these works by following the established procedures of the concerned state government.
✔️ Impact
▪️Since its inception of the scheme, a total number of 18,82,180 works for Rs. 44,929.17 crore have been sanctioned till August, 2017 from MPLADS fund. It has resulted into creation of various durable community assets which have impacted the social, cultural and economic life of the local communities in one way or the other.
============➖============
▪️The Cabinet Committee on Economic Affairs (CCEA) has given its approval to continuation of Members of Parliament Local Area Development Scheme (MPLADS) till term of 14th Finance Commission i.e. 2020.
▪️The continuation of scheme will entail annual allocation of Rs.3,950 crore and total outlay of Rs. 11,850 crores over next 3 years.
✔️ MPLAD Scheme
▪️The MPLAD Scheme is Central Sector Scheme launched in 1993-94. It enables Members of Parliament (both elected and nominated) to recommend works for creation of durable community assets based on locally felt needs to be taken up in their constituencies in area of national priorities like drinking water, education, public health, sanitation, roads etc.
▪️The Ministry of Statistics and Programme Implementation (MSPI) is nodal ministry to coordinate work under scheme.
▪️The scheme is governed by set of guidelines (last revised in June, 2016). Under this scheme, the funds are released in the form of grants in-aid directly to the district authorities on receipt of requisite documents and as per these guidelines.
▪️The funds released under the scheme are non-lapsable i.e. if the fund for particular work is not spent in that year, it will be carried forward to the subsequent years, subject to eligibility.
▪️The annual entitlement under the scheme per MP at present is Rs 5 crore. Role of MPs for the projects is only recommendatory i.e. they can only recommend their choice of works to concerned district authorities who implement these works by following the established procedures of the concerned state government.
✔️ Impact
▪️Since its inception of the scheme, a total number of 18,82,180 works for Rs. 44,929.17 crore have been sanctioned till August, 2017 from MPLADS fund. It has resulted into creation of various durable community assets which have impacted the social, cultural and economic life of the local communities in one way or the other.
☀️ Good Morning News : 19 Aug 2018
=================================
- Israel PM Addresses India-Israel Business Summit in Mumbai
- PM Modi, Netanyahu Inaugurates 'iCreate Centre' in Ahmedabad
- Election Dates in Tripura, Meghalaya and Nagaland Declared
- India Test-Fires Nuclear-Capable ICBM Agni-V
- Odisha CM Launches 'Mukhyamantri Kalakar Sahayata Yojana'
- India Attends its 1st SCO Military Cooperation Meeting in Beijing
- MoS RK Singh Attends ISA Forum in Abu Dhabi
- North and South Korea Agree to Jointly March Under Unification Flag in Winter Olympics
- Vice Admiral A B Singh Takes Over as Chief of Staff Western Naval Command
- ✴️HDFC Bank Becomes 1st Indian Bank to Cross Rs5 trillion Market Capitalisation
- ⭐️ Virat Kohli Named Captain of ICC’s Test and ODI Teams of the Year
- Madhya Pradesh achieves complete door-to-door garbage
- NHRC holds Open Hearing and Camp Sitting in Jaipur
- ✴️Kolkata Police introduces LED-fitted uniforms to ensure safety of traffic cops
- Government planning to set up of Cyber Warrior Police Force to tackle internet-related crimes
- ⭐️ President presents 2016 Sangeet Natak Akademi Awards
- ✴️10th Global Forum for Food & Agriculture held Berlin
- ⭐️ Maharashtra becomes first state to unveil Public Cloud Policy .
=================================
- Israel PM Addresses India-Israel Business Summit in Mumbai
- PM Modi, Netanyahu Inaugurates 'iCreate Centre' in Ahmedabad
- Election Dates in Tripura, Meghalaya and Nagaland Declared
- India Test-Fires Nuclear-Capable ICBM Agni-V
- Odisha CM Launches 'Mukhyamantri Kalakar Sahayata Yojana'
- India Attends its 1st SCO Military Cooperation Meeting in Beijing
- MoS RK Singh Attends ISA Forum in Abu Dhabi
- North and South Korea Agree to Jointly March Under Unification Flag in Winter Olympics
- Vice Admiral A B Singh Takes Over as Chief of Staff Western Naval Command
- ✴️HDFC Bank Becomes 1st Indian Bank to Cross Rs5 trillion Market Capitalisation
- ⭐️ Virat Kohli Named Captain of ICC’s Test and ODI Teams of the Year
- Madhya Pradesh achieves complete door-to-door garbage
- NHRC holds Open Hearing and Camp Sitting in Jaipur
- ✴️Kolkata Police introduces LED-fitted uniforms to ensure safety of traffic cops
- Government planning to set up of Cyber Warrior Police Force to tackle internet-related crimes
- ⭐️ President presents 2016 Sangeet Natak Akademi Awards
- ✴️10th Global Forum for Food & Agriculture held Berlin
- ⭐️ Maharashtra becomes first state to unveil Public Cloud Policy .
● First Phase of ESICS Pilot Project of Telemedicine Services inaugurated
============●============
▪️The first phase of ESIC (Employees State Insurance Corporation) Pilot Project of Telemedicine Services was launched for providing specialist medical services at a distance to insured workers.
▪️It was launched by the Union Minister of State (MoS) for Labour and Employment Bandaru Dattatreya in New Delhi.
✔️ Key Facts
▪️In the first phase, ESIC Model Hospital at Basaidarapur has been connected with three ESIS dispensaries at Katihar (Bihar), Unnao (Uttar Pradesh) and Rudarpur (Uttarakhand).
▪️ESIC has been launched as pilot project for telemedicine services at 11 ESI locations in coordination with C-DAC, Mohali.
▪️It was launched under the aegis of “Digital Inclusive and Smart Community (DISC)” which is a part of Digital India Programme of Union Government.
▪️Under it, three specialized ESIC Hospitals will be connected with eight ESI Dispensaries at remote locations of country where there are no specialized healthcare services available.
▪️In second and third phase rest of the two Hospitals and five Dispensaries will be connected for providing specialized health care services at the doorsteps of insured workers.
============●============
▪️The first phase of ESIC (Employees State Insurance Corporation) Pilot Project of Telemedicine Services was launched for providing specialist medical services at a distance to insured workers.
▪️It was launched by the Union Minister of State (MoS) for Labour and Employment Bandaru Dattatreya in New Delhi.
✔️ Key Facts
▪️In the first phase, ESIC Model Hospital at Basaidarapur has been connected with three ESIS dispensaries at Katihar (Bihar), Unnao (Uttar Pradesh) and Rudarpur (Uttarakhand).
▪️ESIC has been launched as pilot project for telemedicine services at 11 ESI locations in coordination with C-DAC, Mohali.
▪️It was launched under the aegis of “Digital Inclusive and Smart Community (DISC)” which is a part of Digital India Programme of Union Government.
▪️Under it, three specialized ESIC Hospitals will be connected with eight ESI Dispensaries at remote locations of country where there are no specialized healthcare services available.
▪️In second and third phase rest of the two Hospitals and five Dispensaries will be connected for providing specialized health care services at the doorsteps of insured workers.
Apex court ordered all States to ensure that the law and order
@UPSC_18
#KARPATHUIAS
The Supreme Court stayed the notifications and orders passed by certain States to prohibit the exhibition of the Censor Board-certified moviePadmaavat , saying its “conscience is shocked” that States have guillotined creative rights.
The apex court ordered all States to ensure that the law and order situation is maintained during the screening of the film across the country.
Gujarat and Rajasthan had issued notifications on January 5 and 17, respectively, prohibiting the screening while Haryana had in principle agreed to a ban on exhibition. Madhya Pradesh had made statements that it intended banning the screening of the movie in theatres.
The movie portrayed the 13th century battle between Maharaja Ratan Singh and his army of Mewar and Sultan Alauddin Khilji of Delhi.
Many groups were up in arms about the portrayal of Queen Padmavati in the film.The court ordered the States to protect the artistes and the people involved in the movie from threats.
It further forbade States from passing any order, notification which amounts to a prohibition of the exhibition of the movie.
Chief Justice of India Dipak Misra said a film may bomb at the box office or people may choose to not watch it, but the States cannot use their machinery to prohibit its exhibition citing risk to public order.
The three-judge Bench, led by the Chief Justice, said in a detailed order that it is “the duty and obligation of the State to maintain law and order."
@UPSC_18
#KARPATHUIAS
The Supreme Court stayed the notifications and orders passed by certain States to prohibit the exhibition of the Censor Board-certified moviePadmaavat , saying its “conscience is shocked” that States have guillotined creative rights.
The apex court ordered all States to ensure that the law and order situation is maintained during the screening of the film across the country.
Gujarat and Rajasthan had issued notifications on January 5 and 17, respectively, prohibiting the screening while Haryana had in principle agreed to a ban on exhibition. Madhya Pradesh had made statements that it intended banning the screening of the movie in theatres.
The movie portrayed the 13th century battle between Maharaja Ratan Singh and his army of Mewar and Sultan Alauddin Khilji of Delhi.
Many groups were up in arms about the portrayal of Queen Padmavati in the film.The court ordered the States to protect the artistes and the people involved in the movie from threats.
It further forbade States from passing any order, notification which amounts to a prohibition of the exhibition of the movie.
Chief Justice of India Dipak Misra said a film may bomb at the box office or people may choose to not watch it, but the States cannot use their machinery to prohibit its exhibition citing risk to public order.
The three-judge Bench, led by the Chief Justice, said in a detailed order that it is “the duty and obligation of the State to maintain law and order."
Global index of talent competitiveness
#KARPATHUIAS
@UPSC_2018
@UPSC_18
India has moved up on a global index of talent competitiveness to the 81st position
India has improved its position from 92nd last year
India was at the 89th place in 2016 on the index
About the index
The index measures how countries grow, attract and retain talent
It is released every year on the first day of the World Economic Forum (WEF) annual meeting
The study was released by Adecco, Insead and Tata Communications this year
#KARPATHUIAS
@UPSC_2018
@UPSC_18
India has moved up on a global index of talent competitiveness to the 81st position
India has improved its position from 92nd last year
India was at the 89th place in 2016 on the index
About the index
The index measures how countries grow, attract and retain talent
It is released every year on the first day of the World Economic Forum (WEF) annual meeting
The study was released by Adecco, Insead and Tata Communications this year
"Road kills” app – Wildlife Conservation Trust
@UPSC_2018
#KARPATHUIAS
‘Roadkills’, launched on January 21 by the ildlife Conservation Trust, will help citizens report such wildlife deaths by uploading geotagged photographs to a public forum.
The data generated can be used to identify crucial road or rail stretches that urgently require mitigation measures.
‘Roadkills’, an easy-to-use android app, accesses location information from phones and permits users to upload photographs of a dead wild animal on a road or a railway line.
The geotagged photographs, users can also include what taxon the animal belongs to (bird, mammal, reptile or amphibian), the species’ name (if known) and the area where the roadkill was seen.
The information from all records reported from across India with this citizen science initiative will be compiled as a database, which can soon be viewed on a map on the campaign’s website (www.roadkills.in).
The Wildlife Conservation Trust (WCT), an NGO which developed the app, will also share detailed data free of cost and under a Creative Commons licence to students, wildlife researchers or infrastructure agencies who may need it to study patterns of wildlife deaths on roads and railway lines.
The information generated from the application can help identify crucial sections of roads or railway lines where animal deaths are high to pinpoint regions that require urgent mitigation measures.
The data can also help determine what species are more at risk on specific road or rail stretches and plan the ideal mitigation measures suited for the location – from underpasses or overpasses for large mammals to canopy bridges for arboreal ones, such as monkeys.
“Unplanned development of roads and railway lines is the major cause of wildlife roadkill,” wildlife biologist Milind Pariwakam of WCT said.
The app has had 500 installations so far and will soon be launched as an IOS application. It will also cater to regional language users in future.
@UPSC_2018
#KARPATHUIAS
‘Roadkills’, launched on January 21 by the ildlife Conservation Trust, will help citizens report such wildlife deaths by uploading geotagged photographs to a public forum.
The data generated can be used to identify crucial road or rail stretches that urgently require mitigation measures.
‘Roadkills’, an easy-to-use android app, accesses location information from phones and permits users to upload photographs of a dead wild animal on a road or a railway line.
The geotagged photographs, users can also include what taxon the animal belongs to (bird, mammal, reptile or amphibian), the species’ name (if known) and the area where the roadkill was seen.
The information from all records reported from across India with this citizen science initiative will be compiled as a database, which can soon be viewed on a map on the campaign’s website (www.roadkills.in).
The Wildlife Conservation Trust (WCT), an NGO which developed the app, will also share detailed data free of cost and under a Creative Commons licence to students, wildlife researchers or infrastructure agencies who may need it to study patterns of wildlife deaths on roads and railway lines.
The information generated from the application can help identify crucial sections of roads or railway lines where animal deaths are high to pinpoint regions that require urgent mitigation measures.
The data can also help determine what species are more at risk on specific road or rail stretches and plan the ideal mitigation measures suited for the location – from underpasses or overpasses for large mammals to canopy bridges for arboreal ones, such as monkeys.
“Unplanned development of roads and railway lines is the major cause of wildlife roadkill,” wildlife biologist Milind Pariwakam of WCT said.
The app has had 500 installations so far and will soon be launched as an IOS application. It will also cater to regional language users in future.
The World Inequality Report findings (by the World Inequality Lab) released late last year – “Income inequality in India has reached historically high levels with the share of national income accruing to India’s top 1 per cent earners touching 22 per cent in 2014..”
#KARPATHUIAS
Oxfam report findings:
The richest 1 per cent in India cornered 73 per cent of the wealth generated in the country last year. Besides, 67 crore Indians comprising the population’s poorest half saw their wealth rise by just 1 per cent.
The situation appears even more grim globally, where 82 per cent of the wealth generated last year worldwide went to the 1 per cent, while 3.7 billion people that account for the poorest half of population saw no increase in their wealth.
#KARPATHUIAS
Oxfam report findings:
The richest 1 per cent in India cornered 73 per cent of the wealth generated in the country last year. Besides, 67 crore Indians comprising the population’s poorest half saw their wealth rise by just 1 per cent.
The situation appears even more grim globally, where 82 per cent of the wealth generated last year worldwide went to the 1 per cent, while 3.7 billion people that account for the poorest half of population saw no increase in their wealth.
Copy from positive people
🌱🌱🌱How to Become a More Powerful Person🌱🌱🌱
Those who think passively believe they are weaker than they actually are. With a small shift in perspective, they can really take control of their lives. I want to nail down the difference in these perspectives, so I’m going to give some thought examples. If the passive thinking examples resemble your thinking today, imagine how your behavior might change if you decided to think like the powerful example.
🌹Passive thinking: I should exercise today, but I’m a little tired and, oh, maybe I should do laundry. I should have done it yesterday. Are my new shoes coming in today?
🦋Powerful thinking: I will exercise today no matter what.
The Difference: Passive thinking is predictably unpredictable, distracted, more concerned with the past and future than right now, and it’s easily influenced by internal and external factors. Powerful thinking is simple, clear, concise, and focused on making valuable decisions in the present moment, and it isn’t influenced at all by external factors. The only internal factor that matters to a powerful thinker is their choice, what they decide to do.
🌹Passive thinking: Wow, I’ve been in such a rut lately. Ugh, I should be doing better than this. I just feel so drained, and now I’m in a bad mood, which makes me feel even worse. Uggghhhhhh. Why can’t my life be [better, different, like his/hers, etc.]? What am I doing wrong?
🦋Powerful thinking: That’s not how I wanted to start the day, but what’s done is done. I’m going to salvage the day (choice). I’ll work on the spreadsheets, meditate for 5 minutes, call James and Tim, and then head to the gym (all deliberate choices).
The Difference: Passive thinking focuses on their feelings of shame, disappointment, and inadequacy. It’s weak on solutions and strong on excuses. Negative feelings will loop, because it feels bad to feel bad. Comparison is also common, to another person’s life or to what they feel life should be like. Powerful thinking, however, may acknowledge a slow or undesired recent past, but then the mind will quickly recognize that these events have expired and are no longer worth thinking about. The powerful thinker will quickly begin making choices to shape their day into something they want.
🌹Passive thinkers observe their life and comment on it. They’re passengers.
🦋Powerful thinkers actively shape their lifestyle by making firm choices. They’re drivers.
🌱🌱🌱How to Become a More Powerful Person🌱🌱🌱
Those who think passively believe they are weaker than they actually are. With a small shift in perspective, they can really take control of their lives. I want to nail down the difference in these perspectives, so I’m going to give some thought examples. If the passive thinking examples resemble your thinking today, imagine how your behavior might change if you decided to think like the powerful example.
🌹Passive thinking: I should exercise today, but I’m a little tired and, oh, maybe I should do laundry. I should have done it yesterday. Are my new shoes coming in today?
🦋Powerful thinking: I will exercise today no matter what.
The Difference: Passive thinking is predictably unpredictable, distracted, more concerned with the past and future than right now, and it’s easily influenced by internal and external factors. Powerful thinking is simple, clear, concise, and focused on making valuable decisions in the present moment, and it isn’t influenced at all by external factors. The only internal factor that matters to a powerful thinker is their choice, what they decide to do.
🌹Passive thinking: Wow, I’ve been in such a rut lately. Ugh, I should be doing better than this. I just feel so drained, and now I’m in a bad mood, which makes me feel even worse. Uggghhhhhh. Why can’t my life be [better, different, like his/hers, etc.]? What am I doing wrong?
🦋Powerful thinking: That’s not how I wanted to start the day, but what’s done is done. I’m going to salvage the day (choice). I’ll work on the spreadsheets, meditate for 5 minutes, call James and Tim, and then head to the gym (all deliberate choices).
The Difference: Passive thinking focuses on their feelings of shame, disappointment, and inadequacy. It’s weak on solutions and strong on excuses. Negative feelings will loop, because it feels bad to feel bad. Comparison is also common, to another person’s life or to what they feel life should be like. Powerful thinking, however, may acknowledge a slow or undesired recent past, but then the mind will quickly recognize that these events have expired and are no longer worth thinking about. The powerful thinker will quickly begin making choices to shape their day into something they want.
🌹Passive thinkers observe their life and comment on it. They’re passengers.
🦋Powerful thinkers actively shape their lifestyle by making firm choices. They’re drivers.
When change is thrust upon us by internal shifts, the contexts of our lives, or conditions in the larger world, we can show our love by ways we confront challenges together.
➖ @UPSC_2018 ➖
➖ @UPSC_2018 ➖
Complete_Winners_List_of Padma Awards 2018
==============
Padma Vibhushan
@UPSC_2018
1. Shri Illaiyaraja
Art-Music
Tamil Nadu
2. Shri Ghulam Mustafa Khan
Art-Music
Maharashtra
3. Shri Parameswaran Parameswaran
Literature and Education
Kerala
Padma Bhushan
4. Shri Pankaj Advani
SportsBilliards/Snooker
Karnataka
5. Shri Philipose Mar Chrysostom
Others-Spiritualism
Kerala
6. Shri Mahendra Singh Dhoni
Sports-Cricket
Jharkhand
7. Shri Alexander Kadakin
(Foreigner/Posthumous)
Public Affairs
Russia
8. Shri Ramachandran Nagaswamy
Others-Archaeology
Tamil Nadu
9. Shri Ved Prakash Nanda
(OCI) Literature and Education
USA
10. Shri Laxman Pai
Art-Painting
Goa
11. Shri Arvind Parikh
Art-Music
Maharashtra
12. Ms. Sharda Sinha
Art-Music
Bihar
==============
Padma Vibhushan
@UPSC_2018
1. Shri Illaiyaraja
Art-Music
Tamil Nadu
2. Shri Ghulam Mustafa Khan
Art-Music
Maharashtra
3. Shri Parameswaran Parameswaran
Literature and Education
Kerala
Padma Bhushan
4. Shri Pankaj Advani
SportsBilliards/Snooker
Karnataka
5. Shri Philipose Mar Chrysostom
Others-Spiritualism
Kerala
6. Shri Mahendra Singh Dhoni
Sports-Cricket
Jharkhand
7. Shri Alexander Kadakin
(Foreigner/Posthumous)
Public Affairs
Russia
8. Shri Ramachandran Nagaswamy
Others-Archaeology
Tamil Nadu
9. Shri Ved Prakash Nanda
(OCI) Literature and Education
USA
10. Shri Laxman Pai
Art-Painting
Goa
11. Shri Arvind Parikh
Art-Music
Maharashtra
12. Ms. Sharda Sinha
Art-Music
Bihar
Recent events in the Supreme Court
#KARPATHUIAS
The Chief Justice of India (CJI)
allegedly decides the roster the way he sees fit
But the judges next to him in seniority are equally keen that it be done the conventional way
A certain trust deficit exists within the fraternity of judges
Would NJAC Act have reduced such a possibility?
The National Judicial Appointments Commission (NJAC) was conceived as a six-member body comprising, ex-officio, the CJI, the two senior-most judges of the Supreme Court, and the Union minister of law
In addition, there were to be two eminent persons who would be selected by a committee comprising the CJI, the prime minister of India, and the leader of the opposition in the Lok Sabha
In the matter of the appointment of the Supreme Court and the high court judges, two members combined could exercise a veto power on a candidate
In the proposed NJAC, the judiciary, with three members in a six-member committee, where a two-member coalition can exercise a veto, would have only 50% of the voting power
Judicial primacy Vs Exclusivity
The ideal of judicial primacy as embodied in Articles 124 and Articles 217 of the Constitution has been lauded as a guarantor of judicial independence in appointments
Primacy should imply that if the judges are united, the candidate they back must get appointed
The ideal of judicial primacy need not be equivalent to the demand of judicial exclusivity
Judicial exclusivity refers to the exclusive right of judges to be involved in the selection process as in the current system of the collegium
Does NJAC violate judicial primacy?
Taking into account the views and votes of entities outside the judiciary in the event the judges are disunited violates exclusivity but not primacy
In the absence of exclusivity, it is possible for a candidate not preferred by the CJI to become a judge
When consulted by the president, as required by the Constitution, the CJI would have to convey its support for a candidate not of its choice
Changes that can be made in proposed NJAC
A five-member NJAC consisting of the CJI, two Supreme Court judges, the Union law minister, and one person of eminence chosen should be considered
To preserve judicial primacy, it is best to do away with the veto altogether and allow any member to file a dissenting note
This dissent can be shared for public consumption after a certain amount of time has elapsed
Way Forward
B. R. Ambedkar had warned against the overweening influence of the executive in judicial appointments
This does not imply that executive participation should be wholly absent
The selection of the person of eminence must work on consensus to prevent the collusion of the political class
In view of allegations of corruption in the judiciary, especially related to the alleged collusion between some judges and lawyers, the relaxation of judicial exclusivity in the manner proposed allows a certain degree of social oversight on judicial appointments.
#KARPATHUIAS
The Chief Justice of India (CJI)
allegedly decides the roster the way he sees fit
But the judges next to him in seniority are equally keen that it be done the conventional way
A certain trust deficit exists within the fraternity of judges
Would NJAC Act have reduced such a possibility?
The National Judicial Appointments Commission (NJAC) was conceived as a six-member body comprising, ex-officio, the CJI, the two senior-most judges of the Supreme Court, and the Union minister of law
In addition, there were to be two eminent persons who would be selected by a committee comprising the CJI, the prime minister of India, and the leader of the opposition in the Lok Sabha
In the matter of the appointment of the Supreme Court and the high court judges, two members combined could exercise a veto power on a candidate
In the proposed NJAC, the judiciary, with three members in a six-member committee, where a two-member coalition can exercise a veto, would have only 50% of the voting power
Judicial primacy Vs Exclusivity
The ideal of judicial primacy as embodied in Articles 124 and Articles 217 of the Constitution has been lauded as a guarantor of judicial independence in appointments
Primacy should imply that if the judges are united, the candidate they back must get appointed
The ideal of judicial primacy need not be equivalent to the demand of judicial exclusivity
Judicial exclusivity refers to the exclusive right of judges to be involved in the selection process as in the current system of the collegium
Does NJAC violate judicial primacy?
Taking into account the views and votes of entities outside the judiciary in the event the judges are disunited violates exclusivity but not primacy
In the absence of exclusivity, it is possible for a candidate not preferred by the CJI to become a judge
When consulted by the president, as required by the Constitution, the CJI would have to convey its support for a candidate not of its choice
Changes that can be made in proposed NJAC
A five-member NJAC consisting of the CJI, two Supreme Court judges, the Union law minister, and one person of eminence chosen should be considered
To preserve judicial primacy, it is best to do away with the veto altogether and allow any member to file a dissenting note
This dissent can be shared for public consumption after a certain amount of time has elapsed
Way Forward
B. R. Ambedkar had warned against the overweening influence of the executive in judicial appointments
This does not imply that executive participation should be wholly absent
The selection of the person of eminence must work on consensus to prevent the collusion of the political class
In view of allegations of corruption in the judiciary, especially related to the alleged collusion between some judges and lawyers, the relaxation of judicial exclusivity in the manner proposed allows a certain degree of social oversight on judicial appointments.