Punjab Assembly moves resolution against CAA
Chandigarh: The ruling Congress moved a resolution in the state Assembly here on Friday demanding that the Central government scrap the controversial Citizenship Amendment Act. State Minister Brahm Mohindra moved the resolution against the CAA on the second day of the two-day special session.
"The CAA enacted by Parliament has caused countrywide anguish and social unrest with widespread protests all over the country. The State of Punjab also witnessed protests against this legislation, which were peaceful and involved all segments of our society," Mohindra said while reading out the resolution.
After Kerala, Punjab is the second state to pass a resolution against the CAA. The resolution said the amended law on citizenship seeks to negate the very secular fabric on which the Constitution of India is based.
"It is divisive and stands for everything opposed to a free and fair democracy, which must enshrine equality for all. Alongside the religion-based discrimination in granting citizenship, it is apprehended that the CAA is also likely to endanger the linguistic and cultural identity of some sections of our people. CAA also envisages cancellation of the registration of Overseas Citizens of India (OCI) card holders, if they violate any law," the resolution said.
It further said the CAA is aimed at distinguishing between illegal migrants on the basis of religion, which is not permissible under the Constitution that guarantees the right to equality and equal protection of the laws to all persons.
CAA provides for granting citizenship for Hindus, Sikhs, Buddhists, Jains, Parsis and Christians, who had migrated to India before December 31, 2014 but not to members of the Muslim community. The ideology behind the CAA is "inherently discriminatory and as far away as it can be from being a humanitarian measure," the resolution alleged.
"In the backdrop of these facts, it is evident that the CAA violates the secular identity of India, which is basic feature of our Constitution; therefore, the House resolves to urge the Government of India to repeal the CAA to avoid any discrimination on the basis of religion in granting citizenship and to ensure equality before law for all religious groups in India.
"Given the apprehensions about National Register of Citizens and that the National Population Register is a prelude to the NRC designed to deprive a section of persons from citizenship of India and implement CAA, this House further resolves that Central government should amend the forms/documentation associated with the NPR to allay such apprehension in the minds of the people and only thereafter undertake work of enumeration under NPR," the resolution said.
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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.
