Centre seeks ‘factual report’ on tribal council’s objections to Great Nicobar project
New Delhi: The Union government has asked the Andaman and Nicobar Islands administration to submit a detailed factual report on concerns raised by the Tribal Council of Little and Great Nicobar regarding diversion of forest land for the ₹81,000-crore Great Nicobar Island project.
According to a report published by The Hindu, a letter was sent on Monday (September 8), the Ministry of Tribal Affairs directed the Chief Secretary of the Union Territory to respond point by point to issues flagged in a recent complaint and media reports. The Tribal Council has alleged that forest rights under the Forest Rights Act (FRA), 2006, were not settled before nearly 13,000 hectares of forest land were diverted in August 2022.
The Council said its consent had been obtained “under pressure” and later withdrawn in writing. It also contested an August 2022 certificate issued by the Deputy Commissioner of Nicobar, which stated that the process of identifying and settling rights under the FRA had been completed. The Council maintains that no such process has been initiated.
The Andaman and Nicobar administration, in its monthly reports to the Ministry, has argued that the FRA need not be implemented in the Islands since tribal rights are already protected under the Protection of Aboriginal Tribes Act, 1956 (PAT56). While PAT56 gives the administration authority to divert forest land, the FRA requires Gram Sabha consent after recognition and vesting of rights.
According to the Tribal Council, affected Nicobarese families were not represented in the Gram Sabha meeting of 2022. The council also objected to Shompen tribespeople being represented by officials of the Andaman Adim Janjati Vikas Samiti.
The National Green Tribunal and the National Commission for Scheduled Tribes have also raised questions over compliance with consent procedures and environmental safeguards.
Congress leaders have also intervened. Rahul Gandhi recently wrote to Tribal Affairs Minister Jual Oram urging a review of the Council’s concerns, while Sonia Gandhi described the project as a “planned misadventure.”
The government has maintained that due process was followed in granting forest clearances. Meanwhile, the Calcutta High Court is hearing a petition challenging the project’s approvals.
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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.
