CJI Bobde says, Country going through difficult times
‘Will hear CAA petitions when the violence stops’
New Delhi, Jan 9: Chief Justice of India S A Bobde on Thursday observed that the country is going through difficult times and there is so much violence going on as the Supreme Court refused urgent hearing on a plea seeking to declare the Citizenship Amendment Act as constitutional.
A bench headed by CJI Bobde expressed surprise over the petition and said this is the first time that someone is seeking that an Act be declared as constitutional.
"There is so much of violence going on. The country is going through difficult times and the endeavour should be for peace... This court's job is to determine the validity of a law and not declare it as constitutional," the CJI said.
The bench also comprising justices B R Gavai and Surya Kant said it will hear the petitions challenging validity of CAA when the violence stops.
The observation came after advocate Vineet Dhanda sought urgent listing of his plea to declare CAA as constitutional and a direction to all states for implementation of the Act.
The plea has also sought action against activists, students and media houses for "spreading rumours".
On December 18, the apex court had agreed to examine the constitutional validity of the CAA, but refused to stay its operation.
The newly amended law seeks to grant citizenship to non-Muslim migrants belonging to Hindu, Sikh, Buddhist, Christian, Jain and Parsi communities who came to the country from Pakistan, Bangladesh and Afghanistan on or before December 31, 2014.
A bench headed by Chief Justice Bobde had fixed a batch of 59 petitions, including those filed by the Indian Union Muslim League (IUML) and Congress leader Jairam Ramesh, for hearing on January 22.
Several petitions have been filed challenging the constitutional validity of the Act including by RJD leader Manoj Jha, Trinamool Congress MP Mahua Moitra and AIMIM leader Asaduddin Owaisi.
Several other petitioners include Muslim body Jamiat Ulama-i-Hind, All Assam Students Union (AASU), Peace Party, CPI, NGOs 'Rihai Manch' and Citizens Against Hate, advocate M L Sharma, and law students have also approached the apex court challenging the Act.
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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.
