Ahead of 70th Republic Day, eminent personalities urge people to introspect working of Constitution
New Delhi: Eight eminent personalities, including former Supreme Court judge J Chelameswar and ex-Chief Election Commissioner S Y Quraishi, have appealed to people to "introspect and audit" the working of the Constitution ahead of the 70th anniversary of the Republic.
"Is the Constitution a mere administrative manual which enables the elected governments to claim legitimacy for abuse of power, and allows the citizens to convert liberty into license disregarding rights of others? Is it simply another text penned by ink, or a sacred text written in the blood of innumerable martyrs who transcended the barriers of caste, religion, region, ethnicity and language?" they asked in an open letter.
Their appeal has come at a time when there have been protests, some of them violent, against the new citizenship law, which critics say discriminates on the basis of religion and violates the Constitution.
Stressing that peaceful reconciliation of conflicting interests, healthy public discourse, and respect for dissenting views are at the heart of democracy, they urged people to "introspect whether truth and non-violence the two values held very dear to the heart of the Father of the Nation continue to inform our actions in the public sphere."
Under the title '70 years of Indian Constitution-A Defining Moment', the signatories of the letter said 70 years of the working of the Constitution provided an "opportunity to celebrate our successes, and also to introspect and resolve to overcome our shortcomings".
"We appeal to all citizens to utilise this solemn occasion to celebrate our success, reflect on our current concerns, particularly about our plural, secular society, and resolve to fulfil the Constitutional goals envisaged by Dr Ambedkar and our forefathers as summed up in the Preamble," they said.
Apart from Quraishi and Chelameswar, the letter has been signed by film personality Sharmila Tagore, former Army Commander Lt Gen Harcharanjit Singh Panag, filmmaker Adoor Gopalakrishnan, Carnatic musician and creative personality T M Krishna, former chairman of UGC and ICSSR Sukhdeo Thorat and former member of the Planning Commission Syeda Hameed.
The open letter was released exactly an year after four senior judges of the Supreme Court, including Chelameswar, had mounted a virtual revolt against the then chief justice, listing a litany of problems that they said were afflicting the country's highest court and warned could destroy Indian democracy.
The unprecedented move at a joint news conference had left the judiciary and observers stunned, leaving uncertain how this open dissension in the hallowed institution would be resolved.
On Monday, the eminent personalities said each generation has a "solemn duty to constantly introspect and audit the working of the Constitution".
"The 70th anniversary of the Republic is an appropriate moment to celebrate and introspect by peacefully observing the birthday of Netaji Subhas Chandra Bose (January 23), foundation day of the Election Commission celebrated as the National Voters Day (January 25), the Republic Day (January 26) and the martyrdom of the Father of the Nation (January 30)," they said.
The citizenship law, notified on January 10, grants Indian citizenship to non-Muslim migrants from Afghanistan, Pakistan and Bangladesh who came to India till December 31, 2014, because of religious persecution in their countries.
However, the government and the ruling Bharatiya Janata Party has defended the law, saying the minority groups from the three countries have no other option but to come to India when they face religious persecution there.
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Ordinance issued to increase number of Supreme Court judges from 34 to 38
New Delhi (PTI): The government has promulgated an ordinance to increase the strength of the Supreme Court from the present 34 judges to 38, including the Chief Justice of India.
The law ministry notified the ordinance on Saturday, which amended the Supreme Court (Number of Judges) Act, 1956, to increase the sanctioned strength of the top court.
So far, the sanctioned strength of the top court was 34, including the Chief Justice of India (CJI). Now, the number of judges has been increased by four, taking the sanctioned strength to 38.
The top court will now have 37 judges, other than the CJI.
With the apex court having two vacancies at present, and the ordinance coming into force immediately, the Supreme Court Collegium will now have to recommend six names for appointment as judges in the top court.
A bill will be brought in the Monsoon Session of Parliament to convert the ordinance – an executive order – into a law passed by Parliament.
The Union Cabinet had cleared a draft bill on May 5 to increase the number of apex court judges.
The strength of the Supreme Court was last increased from 30 to 33 (excluding the CJI) in 2019.
The Supreme Court (Number of Judges) Act, as originally enacted in 1956, put the maximum number of judges (excluding the CJI) at 10.
This number was increased to 13 by the Supreme Court (Number of Judges), Amendment Act, 1960, and to 17 by another amendment to the law.
The Supreme Court (Number of Judges) Amendment Act, 1986, augmented the strength of judges from 17 to 25, excluding the CJI.
A fresh amendment in 2009 further increased the strength from 25 to 30.
Article 124(3) of the Constitution lists the qualifications required to become a Supreme Court judge.
An Indian citizen who has either served as a high court judge for at least five years, or as an advocate for 10 years, or is a distinguished jurist, can be appointed to the top court.
The strength of the Supreme Court is increased based on the recommendations of the CJI, who writes to the Union law minister. After consulting the finance ministry, the Department of Justice under the law ministry moves the Cabinet with a draft bill.
