SC junks plea for extension of time to file nomination from Varanasi LS seat
New Delhi, May 15: The Supreme Court on Wednesday refused to entertain a Tamil Nadu-based farmer leader's plea for an extension of deadline for filing nomination papers to contest from Varanasi Lok Sabha seat where Prime Minister Narendra Modi is in the fray, decrying the petition as "publicity interest litigation".
The prime minister filed his nomination papers from Varanasi parliamentary constituency on May 14, the last day for filing the papers, as a BJP candidate. The polling will take place on June 1.
"You want to withdraw, we can allow you to withdraw. If you want us to dismiss, we can dismiss it. These are all Publicity Interest Litigation,” a bench comprising justices Vikram Nath and Satish Chandra Sharma said.
Lawyer S Mahendran, appearing for P Ayyakannu, a native of Trichy in Tamil Nadu and President of the National South Indian River Interlinking Agriculturist Association, claimed that Ayyakannu was de-boarded from the Varanasi-bound train on May 10 by the railway security personnel when he was on his way to file nomination from the seat.
He said that even the prime minister filed his nomination papers on the last day and urged the court to ask the poll panel to extend the time for the same.
During the brief hearing, the bench asked as to why Ayyakannu wanted to contest from Varanasi and said the whole purpose of the petition seemed to get publicity.
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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.
