Six ex-Cong MLAs withdraw plea from Supreme Court against disqualification from HP Assembly
New Delhi, May 10: Six former Congress MLAs Friday withdrew their plea from the Supreme Court against the Himachal Pradesh Assembly Speaker's decision to disqualify them from the House.
A bench of justices Sanjiv Khanna and Dipankar Datta was told by senior advocate Abhinav Mukherjee, appearing for the former MLAs, that they want to withdraw the petition.
"We knew this was going to happen due to the elections," the bench observed while allowing them to withdraw their plea.
The six former MLAs are now contesting as the BJP candidates the assembly bypolls which were necessitated after their disqualification.
The six former Congress MLAs -- Sudhir Sharma, Ravi Thakur, Rajinder Rana, Inder Dutt Lakhanpal, Chetanya Sharma and Devinder Kumar Bhutto -- were disqualified on February 29, for defying a Congress whip to be present in the House and vote in favour of the Himachal Pradesh government during the cut motion and budget.
According to the notification issued on March 16 by the poll panel, assembly byelections are scheduled to be held in the Dharamshala, Sujanpur, Lahaul and Spiti, Barsar, Gagret and Kutlehar constituencies that fell vacant after the disqualification of the six lawmakers on June 1 alongwith with polling for the four Lok Sabha seats in the state.
On March 18, the top court had refused to stay the Himachal Pradesh Assembly Speaker's order disqualifying the former MLAs who had cross-voted in the Rajya Sabha polls in the state.
It had issued notice to the office of Speaker Kuldeep Singh Pathania and sought its response within four weeks on a plea by the former MLAs.
The top court had said pending adjudication of their plea, these disqualified MLAs will not be allowed to vote or participate in the proceedings of the assembly.
Following the disqualification of the rebels, the effective strength of the House has gone down to 62 from 68, while the number of Congress MLAs has shrunk to 34 from 40.
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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.
