BJP petitions Karnataka Guv seeking revocation of suspension of 18 MLAs from Assembly
Bengaluru: Opposition BJP on Monday petitioned Karnataka Governor Thaawarchand Gehlot seeking revocation of the suspension of 18 of its MLAs from the Legislative Assembly.
They requested the Governor to direct Speaker U T Khader to reconsider the suspension of MLAs, and enable them to resume their responsibilities as representatives of the people.
In an unprecedented move, 18 BJP MLAs were suspended for six months from the Karnataka Legislative Assembly on March 21, for showing "indiscipline" and "disrespecting" the Speaker, following which they were forcefully evicted from the House by the marshals as they refused to leave.
The BJP delegation led by state BJP president B Y Vijayendra and Leader of Opposition in Legislative Assembly, R Ashoka, met the Governor at Raj Bhavan and submitted a memorandum to him.
"....we most respectfully beseech your excellency to kindly exercise your good offices to direct the Speaker, Karnataka Legislative Assembly to reconsider the suspension order imposed upon the 18 Members of the Legislative Assembly belonging to the principal opposition party in the state," the memorandum said.
They also requested that "the suspension be revoked, thereby enabling the concerned legislators to resume their responsibilities as representatives of the people. And to take all necessary steps to uphold the basic tenet of democratic values in the State of Karnataka." The incident leading to suspension occurred on the last day of the Assembly's budget session. The BJP MLAs staged a massive protest against 4 per cent reservation to Muslims in public contracts and demanded a judicial probe into the alleged "honey-trap" attempt against Cooperation Minister K N Rajanna.
During the protest inside the Assembly, while some BJP legislators climbed onto the podium where the Speaker's Chair is situated, and surrounded it; a few others protesting from the well of the House, hurled papers at the Speaker. Marshals had to forcefully evict the BJP MLAs who had surrounded the Speaker's Chair.
Noting that, in their role as members of the opposition, BJP members had assembled near the Speaker's Chair as a form of protest, the memorandum said, "It was wrongly perceived by the Speaker, so also the ruling party that, in doing such protests they deem that we exhibited behaviour inconsistent with the decorum of the House. Consequently, under Rule 348 of the Karnataka Legislative Assembly Rules of Procedure and Conduct of Business, 18 legislators were suspended for six months and were subjected to additional restrictions." The Karnataka Legislature is one of the highest embodiments of our democratic values, and truly a "temple of democracy".
The dignity and sanctity of the Speaker's and Chairman's offices are fundamental to maintaining the credibility of the legislative institutions, the BJP said.
"We wholeheartedly affirm our adherence to these principles."
"The events of March 21 were neither premeditated nor intended to show any disrespect to the Chair. Over the past two years, we have observed the set of principles of the House with great appreciation, particularly given the increasing challenges to the standards of debate, language, and procedural adherence in legislative forums. We continue to hold the institution and its leadership in the highest regard," it added.
Pointing out that, in such circumstances, if the Speaker summoned the concerned legislators on that day to seek clarifications, they would have readily explained their actions and assured their respect to the Chair and the House. Unfortunately, no such opportunity was afforded before the issuance of a decision imposing substantial restrictions on 18 duly elected representatives, effectively preventing them from fulfilling their duties towards their constituencies, the BJP said.
The MLAs who were suspended are the BJP chief whip Doddanagouda Patil, former Deputy CM C N Ashwath Narayan, S R Vishwanath, B A Basavaraju, M R Patil, Channabasappa, B Suresh Gowda, Umanath Kotyan, Sharanu Salagar, Dr Shailendra Beldale, C K Ramamurthy, Yashpal Suvarna, B P Harish, Bharath Shetty, Dheeraj Muniraju, Chandru Lamani, Muniratna and Basavaraj Mattimud.
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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.
