Collegium should immediately reiterate its proposed name: Congress
New Delhi, May 4: Accusing the Narendra Modi government of doing "content based discrimination" against certain judges, the Congress on Friday said that the Supreme Court Collegium should have made an immediate reiteration of its recommendation after the government rejected its first proposal.
"There should have been an immediate reiteration of the recommendation. And therefore, we would not agree with the delay which has happened on the reiteration. It should have happened forthwith," Congress spokesperson Abhishek Manu Singhvi said.
He stressed that there "should have been a question and a show cause to the government from the judicial side" as to why it took the government four-and-a-half months to even reject its proposal.
He even asked the Collegium to take a leaf out of former Chief Election Commissioner T.N. Seshan's book in case of delay by the government after reiteration. Seshan had once told the government he would hold no elections till the government made all the appointments.
"T.N. Seshan has set an example, a wrong example albeit, but still an example for a higher principle. I am not recommending it. I am only making a rhetorical point. We would implore the Collegium and the judges to uphold that majesty of the independence of judiciary," said Singhvi, an eminent lawyer himself.
The Congress spokesperson's reaction came in response to a media query about the government rejecting Justice K.M. Joseph's elevation to the Supreme Court as recommended by the Supreme Court Collegium and the Collegium deferring its decision on the government's opinion.
The opposition has alleged that the government is scuttling Justice Joseph's elevation for his scrapping President's Rule in Uttarakhand in 2016. As the Chief Justice of the Uttarakhand High Court, Justice Joseph overturned the dismissal of the state's Harish Rawat-led Congress government by the Narendra Modi government.
"The Congress party cannot support a situation where we believe that there has been a content based discrimination against a particular judge or certain judges either in appointment, elevation or transfer," Singhvi said.
"We believe that it is the majesty of the principle of the independence of judiciary which is most important. It is nothing to do with the Congress or the BJP. It is not even to do with Justice Joseph. It is to do with the much higher principle of independence of judiciary," he added.
Singhvi alleged that there have been reports of a proposal in the government to treat the reiteration by the Collegium of Justice Joseph's name as a fresh recommendation, which he said was "unconstitutional" and "fraud on the Constitution".
"I hope that is not true. I have asked this question myself personally and I am asking through you (media) if the government has this plans. It is unconstitutional, it is fraud on the Constitution to play such game," he said.
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BJP using women's quota bill as front to pass Delimitation Bill that will break India: Mamata
Cooch Behar (WB) (PTI): Chief Minister Mamata Banerjee on Friday alleged the BJP-led NDA government at the Centre was using the proposed amendment to the women's quota law in Parliament as a front for the Delimitation Bill that would "break the country into pieces".
The TMC will fight this Central government's move at every step, she asserted at her party's poll rally here.
The Constitution (131st Amendment) Bill to tweak the women's quota law, along with the Delimitation Bill and the Union Territories Laws (Amendment) Bill, to implement the proposed amended women's quota law, in the Union territories of Delhi, Puducherry and Jammu and Kashmir, were introduced in the Lok Sabha on Thursday.
According to the Constitution amendment bill, Lok Sabha seats will be increased to a maximum of 850 from the current 543 to "operationalise" the women's reservation law before the 2029 parliamentary polls, following a delimitation exercise based on the 2011 Census.
Seats will also be increased in state and Union territory assemblies to accommodate 33 per cent reservation for women.
Opposing the Centre's move, Banerjee alleged that "the BJP brought the Delimitation Bill while keeping the women's reservation bill at the front".
"The BJP is trying to increase the number of seats in the Lok Sabha to nearly 850 through the Delimitation Bill. It will break the country into pieces," the TMC supremo said.
She also alleged that Prime Minister Narendra Modi was not speaking the truth about the development of north Bengal at a BJP rally last week.
"The prime minister said nothing was done for the development of north Bengal. But we spent Rs 1.72 lakh crore on the development of the region," Banerjee said and asked Modi to cross-check data before making such remarks.
