Govt clears names of 4 judges for elevation to Supreme Court: Sources
New Delhi: The government is learnt to have cleared the names of four judges for their elevation to the Supreme Court, sources said Wednesday.
Once the appointments formally come through, the top court will have its full sanctioned strength of 31 judges (including the chief justice). As of now, the apex court is functioning with 27 judges.
The four names cleared by the government are justices Aniruddha Bose, A S Bopanna, B R Gavai and Surya Kant.
The names of justices Bose and Bopanna were earlier returned by the government to the SC collegium citing seniority and representation of regions as the reasons.
But in its resolution passed earlier this month, the collegium had reiterated its recommendation to elevate justices Bose and Bopanna to the apex court, observing that nothing adverse has been found regarding their competence, conduct or integrity.
The collegium had also recommended the names of justices B R Gavai and Surya Kant for elevation to the apex court. The five-member Collegium is headed by Chief Justice Ranjan Gogoi.
Sources aware of the development said the notification is expected either this evening or on Thursday morning once the President signs their warrant of appointment.
Justice Bose, whose parent high court is Calcutta, is the Chief Justice of Jharkhand High Court and is at number 12 in all-India seniority of judges.
Justice Bopanna, whose parent high court is Karnataka, is the Gauhati High Court Chief Justice and stands at number 36.
Justice Gavai is a judge of the Bombay High Court and Justice Kant is the incumbent Chief Justice of the Himachal Pradesh High Court.
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TN Governor should invite Vijay to form govt, then prove majority: Former MP Prakash Ambedkar
Mumbai: Senior politician and constitutional expert Prakash Ambedkar has opined that Tamil Nadu Governor Rajendra Arlekar should invite the Tamilaga Vettri Kazhagam President Vijay to form the government as his party emerged as the single largest party in the Assembly elections.
Ambedkar, who is a Mumbai-based advocate, activist and also the grandson of Dr. BR Ambedkar, is a former Parliamentarian.
Citing articles from the Constitution and similar incidents in the political history of the nation, Prakash Ambedkar has explained why Vijay cannot be stopped from forming the government in Tamil Nadu, reports Deccan Herald.
“Merely doubt over whether the TVK has the necessary number cannot suffice to withhold the invitation to the party to form the government. The Governor should invite Vijay, President of TVK, the single-largest party, to form the government and assume office as the next Chief Minister. After taking charge, as per the Article 164 (2) of the Constitution, Vijay will have to prove that his government has a majority in the House,” Ambedkar explained.
He also gave examples from India’s political history supporting his argument.
Ambedkar cited the example of the 1989 Lok Sabha elections and said that, although the Congress (I) emerged the single-largest party with 194 seats, Rajiv Gandhi declined the invitation by President R Venkataraman to form the government. “My friend Vishwanath Pratap Singh, leader of the National Front, was then invited and sworn in as Prime Minister on December 2, 1989,” he added.
He then recalled the 1996 elections to the Lower House of the Parliament, when the BJP emerged the single-largest party, but the Parliament was hung as the BJP lacked a majority. “Atal Bihari Vajpayee was invited by President Shankar Dayal Sharma to form the government and was sworn in as Prime Minister. Vajpayee resigned 13 days later on May 28, 1996, after failing to secure majority support in the Lok Sabha,” Ambedkar explained.
