“Independence Of Election Commission Destroyed By All Govts” : Supreme Court \
10 min read
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“Independence Of Election Commission Destroyed By All Govts” : Supreme Court

23-Nov-2022
Election Commission
Under the 1991 Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, CEC and ECs shall hold office for a term of six years or till they are 65, whichever is earlier. Successive governments have ‘completely destroyed the independence of the Election Commission of India (ECI)... The post appeared first on .
23-Nov-2022 National
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“Independence Of Election Commission Destroyed By All Govts” : Supreme Court \
10 min read
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“Independence Of Election Commission Destroyed By All Govts” : Supreme Court

23-Nov-2022
Election Commission
Under the 1991 Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, CEC and ECs shall hold office for a term of six years or till they are 65, whichever is earlier. Successive governments have ‘completely destroyed the independence of the Election Commission of India (ECI)... The post appeared first on .
23-Nov-2022 National
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SC to hear plea against construction of metro car shed in Aarey forest area \
4 min read
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SC to hear plea against construction of metro car shed in Aarey forest area

28-Jul-2022
Mumbai (Maharashtra) [India], July 28 (ANI): The Supreme Court on Thursday agreed to hear a plea seeking direction to stop the construction of a metro car shed under the project of Mumbai Metro Rail Corporation Ltd (MMRCL) in Aarey forest area on July 29.
28-Jul-2022 National
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Department of Personnel and Training to decide on giving extra attempt to UPSC aspirants who missed out due to COVID-19, Centre tells SC \
3 min read
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Department of Personnel and Training to decide on giving extra attempt to UPSC aspirants who missed out due to COVID-19, Centre tells SC

21-Mar-2022
New Delhi [India], March 21 (ANI): Department of Personnel and Training (DoPT) will take a call on whether an extra attempt will be given to the UPSC aspirants who had missed out on their Civil Services exam due to COVID-19 and had sought for an additional attempt to appear in the exam or not, the Centre informed the Supreme Court on Monday.
21-Mar-2022 National
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SC permits Tamil Nadu to continue 50 pc reservation at super-speciality level in govt medical colleges \
4 min read
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SC permits Tamil Nadu to continue 50 pc reservation at super-speciality level in govt medical colleges

16-Mar-2022
New Delhi [India], March 16 (ANI): Supreme Court on Wednesday granted permission to the Tamil Nadu government to continue providing reservation of 50 per cent seats at the super-speciality level in Government Medical Colleges to service doctors in the state.
16-Mar-2022 National
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SC says firecracker ban not against any community \
5 min read
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SC says firecracker ban not against any community

28-Oct-2021
New Delhi Oct 28 PTI The Supreme Court Thursday dispelled the impression that it was against a particular group or community by banning firecrackers and said it cannot allow violation of rights of citizens under the guise of enjoyment A bench of Justices M R Shah and A S Bopanna made it clear that it wants full implementation of its orders to send a message that it is here to protect the rights of people and can even pass an order for CBI investigation concerning those manufacturers who are selling fake green crackersUnder the guise of enjoyment you manufacturers cannot play with the lives of citizens We are not against a particular community We want to send a strong message that we are here for the protection of fundamental rights of citizensthe bench saidThe apex court said the earlier ban order on firecrackers was passed after giving elaborate reasonsAll firecrackers were not banned It was in the larger public interest There is a particular impression being created It should not be projected that it was banned for a particular purpose Last time we said that we werent coming in the way of enjoyment but we cannot come in the way of fundamental rights of peoplethe bench saidThe top court said there must be some responsibility entrusted to authorities who have been given the right to implement the order on the groundThe bench said even today firecrackers are openly available in the market We want to send a message that we are here to protect the rights of people We have not put a 100 per cent ban on firecrackers Everybody knows what the people of Delhi are suffering due to the pollution caused by firecrackers the bench saidSenior advocate Gopal Sankaranarayanan appearing for the petitioner Arjun Gopal submitted that there cannot be exceptions for big fire manufacturers who have violated the apex courts directions and are contemnorsHe pointed out the minutes of the meeting of the National Environmental Engineering Research Institute and said the manufacturers are using these minutes in every application with regards to their prayer of the uplifting ban on barium nitrateThe top court said the issue of firecrackers that cause pollution is only for the time beingBut that main matter related to stubble burning we havent got time to deal with that After vacation well hear that issue Its very urgent the bench saidThe apex court also said that in its order it would ask CBI to investigate concerning those manufacturers who are selling fake green crackersNobody can be allowed to use fake green crackers and show us that they are complying with our orders the bench saidThe hearing remained inconclusive and will continue tomorrowThe top court had earlier said that under the guise of green crackers banned articles are being used by firecracker manufacturers and reiterated that its earlier order banning joint crackers must be complied by every stateThe bench had said that it is not averse to the celebration but not at the cost of the life of other citizensThe apex court said that celebration does not mean the use of loud crackers and it can also be from Fuljhaddi etc which are not noisyIt had ordered six manufacturers to show cause why they should not be punished for contempt of its ordersThe SC had said it cannot infringe the right to life of other citizens under the guise of employment while considering a ban on firecrackers and its prime focus is the right to life of innocent citizensThe apex court had earlier refused to impose a complete ban on the sale of firecrackers and said that sales can happen through only licensed traders and that only green crackers can be sold The online sale of firecrackers has been completely bannedThe verdict had come in response to a plea seeking a ban on the manufacturing and sale of firecrackers across the country to curb air pollutionIn the past the apex court had said that while deciding on a ban on firecrackers it is imperative to take into account the fundamental right of livelihood of firecracker manufacturers and the right to health of over 13 billion people of the country PTI PKS RKS RKS
28-Oct-2021 National
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If govt does not want tribunals then it should abolish Consumer Protection Act SC \
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If govt does not want tribunals then it should abolish Consumer Protection Act SC

22-Oct-2021
New Delhi Oct 22 PTI Expressing displeasure over delay in appointments in the Districts and State Consumer Disputes Redressal Commission the Supreme Court on Friday said if the government does not want the tribunals then it should abolish the Consumer Protection ActA bench comprising Justices S K Kaul and M M Sundresh said it is unfortunate that the top court is being called upon to examine and see that vacancies in tribunals are filled upIf the government does not want the tribunals then abolish the act We are stretching our jurisdiction to see the vacancies are filled in Normally we should not spend time on this and the posts should be filled Unfortunately the judiciary is called upon to see that these posts are manned This is not a very happy situation the bench saidThe top court was hearing a suo motu case on the inaction of the governments in appointing president and membersstaff of Districts and State Consumer Disputes Redressal Commission and inadequate infrastructure across India The apex court in its order directed that the process of filling up vacancies in the State Consumer Commissions as per its earlier directions must not be impeded by the judgement of the Bombay High Court which had quashed certain Consumer Protection RulesAs the hearing commenced senior advocate Gopal Sankaranarayanan appointed as amicus curiae in the case apprised the court about judgement passed by the Bombay High Court at Nagpur Bench quashing certain Consumer Protection RulesHe said the Centre introduced the Tribunal Reforms Act in violation of the apex court judgement in the Madras Bar Association caseAdditional Solicitor General Aman Lekhi appearing for the Centre said the government is in the process of filing an appeal against the Bombay high court order which quashed certain provisions of Consumer Protection RulesHe told the bench that the Tribunal Reforms Act introduced by the Centre was not in contravention rather it was in consonance with the Madras Bar Association judgement of the apex courtThe top court however remarked It seems that the bench says something and you do something else and some kind of embargo is being created and in this process the citizens of the country are suffering These are places for remedy like consumer forums These are small issues that people deal with and these are not high stake matters The very purpose of setting up these tribunals to provide consumer remedy is not being met the bench remarkedThe ASG submitted that there is no breach of the judgement of the top court and principles of Madras Bar have been duly incorporatedThe government is not making this an ego issue here in the supreme court or dragging its feet regarding the appointments he saidThe top court however said We dont want to comment but this does not paint a happy picture The apex court also directed the states to submit data in a prescribed form within one week failing which the concerned secretary has to remain present before itAs the hearing ended Justice Sundresh said there is a need to look at the problem from a different perspective and permanent consumer courts should replace consumer commissions which are manned by retired judicial officers on an ad-hoc basisWe need to have a permanent structure like the permanent court The time has come for us to have a permanent court for consumer court and have judges as we select it for district and higher judiciary We need to look at it from a different perspective We have to rethink if we go on with an ad hoc continuance of members for 5 years etcJustice Sundresh saidThe judge said What is the point of having a retired judicial officer What is the motivation level for him and what will be his mindset How do you fix accountability Is it required for the development of the institutionthe judge saidThe top court had in January said that Consumer rights are important rights and non-manning of posts and inadequate infrastructure in the district and state consumer commissions across the country would deprive the citizens of redressal of their grievancesThe top court had appointed senior advocate Gopal Shankaranarayan and lawyer Aaditya Narain as amicus curiae to assist it in the matter PTI PKS RKS RKS
22-Oct-2021 National
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Firecrackers Cannot infringe right to life of other citizens under guise of employment says SC \
4 min read
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Firecrackers Cannot infringe right to life of other citizens under guise of employment says SC

28-Sep-2021
New Delhi Sep 28 PTI The Supreme Court Tuesday said it cannot infringe the right to life of other citizens under the guise of employment while considering ban on firecrackers A bench of Justices M R Shah and A S Bopanna said its prime focus is the right to life of innocent citizens We have to strike the balance between employment unemployment and the right to life of the citizen Under the guise of employment of few we cannot permit others to infringe the right to life of other citizens Our prime focus is the right to life of innocent citizens If we find green crackers are there and accepted by the committee of experts we will pass suitable orders the bench said adding that in our country the main difficulty is implementation Laws are there but ultimately implementation has to be there Our order should be implemented in true spirit the bench said Senior advocate Atmaram Nadkarni appearing for manufacturers association of firecrackers said that Diwali is approaching on November 4 and they want Petroleum and Explosives Safety Organization PESO to take a decision He said the government should decide the matter as lakhs of people are unemployed The senior advocate said contempt must be heard and taken to a logical end but the plight of lakhs of people who are working in the industry should also be looked into Senior advocate Gopal Sankaranarayanan appearing for the petitioner Arjun Gopal said series of orders have been passed by the top court and directions have been given that PESO will give final clearance to firecrackers which are safer When Nadkarni interrupted Sankaranarayanan the bench in a lighter vein said We dont want any bursting of crackers in the courtroom Everybody will get a chance Also Im afraid of firecrackers Sankaranarayanan said My Lord we assure therell be no fire in the court only work Additional Solicitor General Aishwarya Bhati appearing for the Ministry of Environment and Forests said an affidavit was filed by the ministry in October 2020 and if the top court takes note of it all the interim applications will be covered in that All the experts have come together and suggested formulations on the issue of green crackers The bench said it will take up the matter at 2 pm The apex court had earlier refused to impose complete ban on sale of firecrackers and said that sale can happen through only licensed traders and that only green crackers can be sold Online sale of firecrackers has been completely banned The verdict had come in response to a plea seeking a ban on manufacturing and sale of firecrackers across the country to curb air pollution In the past the apex court had said that while deciding on a ban on firecrackers it is imperative to take into account the fundamental right of livelihood of firecracker manufacturers and the right to health of over 13 billion people of the country PTI PKS SA
28-Sep-2021 National
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