Govt has money for statues, not public health: Bombay High Court
Mumbai: The Bombay High Court on Thursday came down heavily on the Maharashtra government for dragging its feet over financial aid to Wadia Hospitals for women and children, and said the government has money for statues but not for public health.
A division bench of Justices S C Dharmadhikari and R I Chagla was hearing a public interest litigation seeking release of grants to Bai Jerbai Wadia Hospital for Children and Nowrosjee Wadia Maternity Hospital from the Brihanmumbai Municipal Corporation (BMC) and the state government.
The maternity hospital receives grant from the state government and the children's hospital gets it from the BMC.
Government counsel Girish Godbole told the court that the state finance department has sanctioned Rs 24 crore from the contingency fund. "The amount will be released lump sum to the Wadia Maternity Hospital within three weeks," he said.
The bench, however, said it was unimpressed with this and that the amount should be released by Friday.
"The government wants to build Babasaheb Ambedkar's statue taller than the Sardar Vallabhbhai Patel statue. For all this money is there, but those people whom Ambedkar represented all his life can die?" Justice Dharmadhikari asked.
"Do people require medical aid or statues to rid themselves of ailments and diseases?" the court asked.
Public health has never been a priority for the government, the bench said, adding that the "chief minister is busy inaugurating bridges".
"We thought there are new faces at the political helm, then all these matters won't come to court. This does not auger well," the court said.
The court also said that in a city like Mumbai, which is considered as the country's commercial capital, people from the poorer section of society are refused admission to a charitable hospital.
"This is disgusting. How can people, mainly women and children, be refused admission to a hospital? Children are dying and the state machinery is not doing anything in states like Rajasthan, Uttar Pradesh, Madhya Pradesh and Gujarat...
should we have the same situation in Maharashtra?" Justice Dharmadhikari said. The court said due to lack of funds, hospitals are finding it difficult to cater to the needs of patients.
"These patients cannot afford private hospitals as they are mainly from the poor section of society. They require urgent medical attention. In such circumstances, the state government is obliging nobody by making statements that funds have been sanctioned," the court said.
The BMC informed the bench that it will release Rs 14 crore for Bai Jerbai Wadia Hospital for Children.
The court posted the matter for further hearing on Friday, when the government will have to state by when the funds sanctioned will be released.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
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.
