SC adjourns hearing on Prashant Bhushan's plea challenging provision in passport law
New Delhi (PTI): The Supreme Court on Thursday adjourned till after summer vacations a petition challenging the constitutional validity of a provision of passport law and a notification providing for issuance of passport for only a year to an accused on receipt of a 'no objection certificate' from a court.
A bench of Justices Abhay S Oka and Ujjal Bhyan deferred the matter after it was informed that senior advocate Jayant Bhushan, appearing for the petitioner, was not available.
The summer vacations of the top court will commence on May 20 and the court will resume its sitting on July 8.
The apex court had earlier issued notices to the Centre and Regional Passport Office at Ghaziabad on the plea filed by lawyer Prashant Bhushan, who gets passport for a period of only one year on account of some FIRs lodged against him for allegedly taking part in protests and 'dharna'.
Bhushan has filed an appeal in the top court against the Delhi High Court's January 2016 verdict which had rejected his plea against the provision of the Passport Act.
"Petitioner had challenged the constitutional validity of section 6(2)(f) of the Passports Act, 1967 which states that passport shall not be issued/reissued to a person accused of committing any offence," the plea has said.
"The blanket prohibition in section 6(2)(f) has been partially lifted vide a notification issued in 1993 which states that passport may be issued/reissued if the applicant produces an NOC from the court concerned and if no period is mentioned in the NOC, then the passport shall be issued/reissued for only one year.
The petitioner had also challenged the constitutional validity of this notification," it said.
Bhushan's counsel had told the top court that the provision concerned does not make distinction between serious and not so serious offences and puts equal restriction on accused in getting new or renewed passport and it is violative of the right to equality.
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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.
