Chief Justice of India Current Affairs - 2019
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The Supreme Court of India has held that a Foreigner Tribunal’s order declaring a person as an illegal foreigner will be binding and will prevail over government decision to include or exclude name from National Register of Citizens (NRC) in Assam.
- Argument: The SC bench constituted of Chief Justice of India (CJI) Ranjan Gogoi and SC Justice Deepak Gupta and Justice Sanjiv Khanna unanimously distinguished between decisions of NRC) and of foreigners tribunals and upheld that the tribunal’s order being the quasi-judicial one will prevail.
- Verdict: As per SC the persons whose names are not included in NRC in Assam can produce documents including ones related to their family tree and thus seek review of tribunal’s decision. As per SC it cannot create an appellate forum for those, declared as illegal foreigners by the foreigners tribunal, by using its power under Article 142 of Indian Constitution.
- Outcome: If the name of a person, included in NRC in Assam is deleted on ground that he was a foreigner, then principle of ‘res-judicata’ (a judicially decided issue cannot be re-agitated) would apply on decision taken by foreigners tribunal. Thus a person who has been declared an illegal immigrant cannot seek re-decision (right of appeal) against exclusion or dropping of his name in normal circumstances.
About Foreigners (Tribunal) Order, 1964
- The order was passed by Government of India (GoI) under section 3 of foreigners Act, 1946.
- The GoI can constitute foreigners tribunals whenever required to look into question of whether a person is or not a foreigner within the meaning of Foreigners Tribunals act, 1946.
- The Foreigners tribunal shall consist of persons having judicial experience as government may think fit to appoint.
- It has powers of a civil court while trying a suit under code of civil procedure, 1908. It includes summoning any person, requiring any document and issuing commissions for examination of any witness.
Tags: Article 142 • Chief Justice of India • Constitution of India • Foreigners (Tribunal) Order • Foreigners (Tribunal) Order 1964 • Foreigners Tribunals • Foreigners Tribunals act 1946 • National Register of Citizens • NRC • NRC Assam • Priciple of res-judicata • Quasi-Judicial
Justice Abhay Shreeniwas Oka was sworn-in as the Chief Justice of Karnataka High Court. He now becomes 31st Chief Justice of Karnataka HC. His oath of office was administered by Karnataka Governor Vajubhai R Vala, at Raj Bhavan in Bengaluru.
- The Karnataka Chief Justice office had fallen vacant after then incumbent Justice Dinesh Maheshwari was elevated as a Supreme Court (SC) judge in January 2019.
- After erstwhile Chief Justice Maheshwari’s elevation Justice L Narayana Swamy was appointed as Acting Chief Justice of Karnataka High Court
- On 30 April 2019, central government on recommendation of the SC collegium (constituted on April 8) notified the Justice Shreeniwas Oka’s appointment as Chief Justice Karnataka by President Ram Nath Kovind.
About Justice Shreeniwas Oka
- The 58 year old Justice Oka, enrolled as an Advocate in 1983 started his practice in Thane District Court, Maharashtra.
- In 1985-86, he joined office of V P Tipnis, a former Lok Ayukta and former Judge of Bombay High Court and appeared in many major cases including public interest litigations (PILs).
- In August 2003 he was appointed as an additional judge of Bombay High Court in and in November 2005 he was appointed as a permanent Judge.
- Before his appointment as Chief Justice of Karnataka he was serving as second senior-most judge in Bombay High Court.
High Courts in India
According to Article 214 of Indian constitution, each state of India shall have a High Court. The Chief Justice of a High Court is appointed in accordance to Article 217 of Indian constitution by President with consultation of Chief Justice of India (CJI) and the Governor of respective State.
Tags: Article 214 • Article 217 • Bombay High Court • Chief Justice of India • Chief Justice of Karnataka • CJI • High Courts in India • Justice Dinesh Maheshwari • Karnataka Chief Justice • L Narayana Swamy • Lok Ayukta • President • President Ram Nath Kovind • Shreeniwas Oka