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Mumbai: ‘There Is Constant Tussle About Controlling Appointment Of Judges,’ CJI Chandrachud

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The tussle between the judiciary and the government over the appointment of judges was once again apparent on Friday when Chief Justice of India (CJI) DY Chandrachud breached the topic during the inauguration of the new premises of the Central Administrative Tribunal (CAT) bench in Mumbai.

CJI said that there is a constant tussle about who will control the appointment of judges even as the vacancies arise, and the recommendations are kept pending for a long period of time.

Importance of tribunals

Emphasizing the importance of tribunals in the country, CJI said one of its objectives is to battle the delays and help unclog the courts and aid overall in the dispensation of justice.

The tribunals, however, are plagued with problems, and we ask ourselves whether it is really necessary to constitute so many tribunals, the CJI said. “Because you do not get judges, when you get judges, vacancies arise which are kept pending for a long period of time…and then there is this constant tussle about who will get ultimate control over the appointment of judges,” CJI added.

Appreciating the work culture in Maharashtra, CJI said: “There is a culture of governance where the government successfully has left the judiciary alone. They do not tinker with the work the judges do. They accept outcomes that are favorable…they accept outcomes that are unfavorable because that is the culture of Maharashtra.”

The struggle to acquire space in the city

Highlighting the struggle to acquire space in the city, CJI said that every Mumbaikar would testify to the troubles of securing a space. “Very often we forget the importance of the work that the government does in aiding and supporting the judicial infrastructure,” he said, adding that the government played a proactive role in allotting a place for a new high court complex.

The CJI, who has been vocal for inclusivity, said that to make justice accessible to all, it is necessary to make courtrooms more accessible to differently-abled persons. He added that technology cannot become the sole medium to access justice, and physical access to courts can never be understated and hence must be constantly improved.

Stressing the importance of tribunals, CJI said that it has also helped litigants. “A rightful but weary pensioner or a wrongly terminated single mother may not withstand a long and winded litigation as well as outlast her much more powerful opponent, usually the State, in a long-winded legal tussle,” the CJI said. The tribunals make this journey less onerous for the litigants in matters of public employment.

Infrastructural gaps in the judiciary

A report prepared by the Centre for Research and Planning highlights the infrastructural gaps in the judiciary. “The report found that for a sanctioned strength of 25,081 judges in the district judiciary, there is a shortage of 4051 courtrooms. Notably, 42.9 percent of the total courtrooms have been under construction in the last three years,” CJI said.

He said that there are many barriers that stand in the way of access to justice for many, and the inability to get a timely outcome may impact each person differently. At a certain level, we feel that delay impacts everybody equally, but that is not so, the CJI said, adding it has a disparate impact on everyone.

Giving examples of lactating mothers and a person in a wheelchair, CJI said: “It is no answer to a wheel-chair bound person, a senior citizen, or a lactating mother for our courts to tell them that our courts are better experienced online. The litigant alone must have the choice of how they want to access the courts.”

Democracy in India

While speaking at the Jamnalal Bajaj Awards, CJI said that India has been able to sustain democracy, unlike several other nations that acquired freedom around the same time as India did.

“75 years ago several nations across the world joined India in freeing from colonial rule but so many of these nations have fallen by the wayside. They attained independence but they were unable to attain true self-governance,” said CJI. India is unique because we have been able to sustain democracy. “What is it that sets us apart from several of those nations that attained freedom around the same time? Some say we have internalized democracy, constitutional values. Others will say the strength of our nation lies in its pluralistic culture, all-encompassing humanity,” CJI added.

He underscored that the power of violence, the power of guns has got better of the rule of law in other nations. However, India has survived because of our “ability to dialogue.”

Entertainment

Bigg Boss fame Ajaz Khan polls fewer votes than even NOTA in Versova

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Ajaz Khan, the Bigg Boss fame actor-turned-politician, suffered an embarrassing defeat in the Maharashtra Assembly elections, where he polled just 155 from the Versova constituency. Remarkably, even the NOTA (None of the Above) option has outperformed him, securing 1,298 votes.

Fielded by Chandrashekhar Azad’s Azad Samaj Party (Kanshi Ram), Ajaz Khan failed to translate his social media popularity – a staggering 5.6 million Instagram followers – into votes.

His political debut at the state level appears to have fallen flat, much like his earlier foray into the Lok Sabha elections. Khan had contested from the Mumbai North Central seat during the general elections but failed to make an impact there as well.

The Versova constituency, meanwhile, witnessed a fierce contest between Haroon Khan of the Shiv Sena (UBT) and Bharati Lavekar of the BJP. Haroon Khan, however, won the seat with a margin of over 1,600 votes.

While Ajaz Khan has struggled to breach even the 150-vote mark, the Mahayuti alliance is surging towards a dominant victory across the state, projected to win over 221 seats. In contrast, the Maha Vikas Aghadi (MVA), comprising Congress, Shiv Sena (UBT), and Sharad Pawar’s NCP faction, appears headed for a humiliating defeat.

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Maharashtra

‘This Is Landslide Victory. I Thank My Ladli Behnas And Kisans…’: CM Shinde On Mahayuti’s Massive Win In Maharashtra 

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In a statement to the media, Shinde said, “I thank the voters of Maharashtra. This is a landslide victory. I had said before that Mahayuti will get a thumping victory. I thank all sections of the society. I thank my ladali behnas and kisans. I also thank all the workers of the Mahayuti parties. “

Meanwhile, the Bharatiya Janata Party is likely to hold the Maharashtra Legislative Party meeting on November 25 and the oath-taking ceremony on 26,

A larger meeting of the Yuti alliance is also likely to be held around the same time. 

This comes after the BJP-led Mahayuti alliance in Maharashtra crossed the crucial majority mark, as per the Election Commission data around 11 am. It is securing a lead in 220 seats and is likely heading towards a landslide victory. Celebrations have already begun at the BJP’s Mumbai office.

Shiv Sena MP Shrikant Shinde said, “As we had expected, we have got very good numbers. I thank all the voters who stood behind Mahayuti and gave this landslide victory…”

Shiv Sena leader Naresh Mhaske said, “Maharashtra of government has expressed its faith in Mahayuti. The public is seeing what is happening to Uddhav Thackeray’s Shiv Sena today. The people have stated that Eknath Shinde is the one who is capable of leading Balasaheb Thackeray’s Shiv Sena…By way of their votes, the public has slapped a slipper on the face of Sanjay Raut. I am a Shiv Sena worker and I think that Eknath Shinde should be the chief minister…”

Early trends as per ECI

As per the initial results, the Mahayuti alliance is leading in 220 seats, with the Bharatiya Janata Party (BJP) leading in 128 seats, driving the charge in Maharashtra. The Eknath Shinde-led Shiv Sena (SHS) follows closely with 55 seats. The Nationalist Congress Party (NCP), led by Maharashtra Deputy CM Ajit Pawar, is leading in 35 seats, while the Rashtriya Yuva Swabhiman Party (RSHYVSWBHM) is leading in 2 seats.

Meanwhile, the Maha Vikas Aghadi (MVA) is trailing, with a lead in 51 seats. The Indian National Congress (INC), part of the MVA, is leading in 20 seats. The Shiv Sena (Uddhav Balasaheb Thackeray) leading in 16 seats, and the Nationalist Congress Party – Sharadchandra Pawar (NCP-SP) is leading in 13 seats. The Samajwadi Party (SP) too is in the lead at 2 seats.

In addition, the All India Majlis-E-Ittehadul Muslimeen (AIMIM), Jan Surajya Shakti (JSS), and Peasants And Workers Party of India (PWPI) are all leading in 2 seats each.

Other minor parties, including Swatantra Bharat Paksha (STBP), Indian Secular Largest Assembly of Maharashtra (DISECL), CPI(M), Bahujan Vikas Aaghadi (BVA), and Rajarshi Shahu Vikas Aghadi (RSVA) are leading in 1 seat each. Additionally, 5 independent candidates (IND) are leading in their respective constituencies.

As the Sena-BJP-NCP celebrate all eyes will now be on who will assume the post of CM of the state.

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Maharashtra

Maharashtra Election Results 2024: UBT’s Sanjay Raut Cries Conspiracy, Says ‘This Can’t Be Decision Of People Of State’

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Maharashtra Election Results 2024: UBT's Sanjay Raut Cries Conspiracy, Says 'This Can't Be Decision Of People Of State'

The early trends as of 10:30 AM indicate a landslide victory for the BJP-led Mahayuti government in the Maharashtra Assembly elections. Shiv Sena (UBT) leader and Rajya Sabha MP Sanjay Raut has responded to the early trends showing Maha Vikas Aghadi’s (MVA) massive defeat in Maharashtra.

Speaking to the media amid ongoing counting, Raut said, ‘This cannot be the decision of the people of Maharashtra. We know what the people of Maharashtra want.’

‘From what we are seeing, it seems that something is wrong. This was not the decision of the public. Everyone will understand what is wrong here. What did they (Mahayuti) do that they are getting more than 120 seats? How is it that MVA is not even getting 75 seats in Maharashtra?’ Raut said.

Rejecting the trends, Raut said that his party has faith in the people of Maharashtra. “They have done some ‘gadbad,’ they have stolen some of our seats…This cannot be the public’s decision. Even the public does not agree with these results. Once the results are out, we will talk more. In every election seat, money-counting machines were installed. Is it possible that Shinde gets 60 seats, Ajit Pawar gets 40 seats, and BJP gets 125 seats? The people of this state are not dishonest. We have faith in the people of Maharashtra,” he said.

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