Ranjan Gogoi Current Affairs - 2019

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Collegium Recommends names of Justice Dinesh Maheshwari and Justice Sanjiv Khanna for appointment as Judges of the Supreme Court

The Collegium headed by Chief Justice of India Ranjan Gogoi has recommended appointing Justice Dinesh Maheshwari and Justice Sanjiv Khanna as judges of the Supreme Court.

The collegium headed by Chief Justice of India Ranjan Gogoi also comprises four senior-most judges of Supreme Court which includes Justices A K Sikri, S A Bobde, N V Ramana and Arun Mishra.

Three Judges Case and Collegium System

The Constitution of India under Article 124 and Article 217 prescribes the procedure for the appointment of judges of Supreme Court and High Court respectively. The articles state that the judges would be appointed by the President in consultation with the Chief Justice and other judges of the Supreme Court and the High Courts as the President of India may deem necessary.

The Collegium system for appointment of Judges emerged out of the three rulings of the Supreme Court which are collectively referred to as the Three Judges Case.

In the first judge case, S. P. Gupta vs Union of India, the Supreme Court had held that the word “consultation” in Article 124 and in Article 217  does not mean “concurrence” and the ultimate power would be vested with President.

In the Second judge case, Supreme Court Advocates-on-Record Association vs Union of India, the earlier judgment in the first judge case was overruled. It was said that in the event of a conflict between the President and the CJI with regard to appointments of Judges, the opinion of Chief Justice of India would have primacy, also would be determinative in the matter. It was in the second judge case the collegium system was instituted by the Supreme Court. For the appointment of judges of SC, the collegium would consist of CJI and two senior most judges and for the appointment of judges of HC, the collegium would consist of Chief justice of High court along with two senior-most judges of the High Court.

In the Third judge case under the special reference to the Supreme Court by the President of India, the Court upholding the judgment of the Second Judge expanded the collegium to include four senior-most judges along with the chief justice.

NJAC

The Constitution (Ninety-Ninth Amendment) Act, 2014 sought to replace the Collegium system with the National Judicial Appointments Commission (NJAC). But the Supreme Court declared the amendment act as unconstitutional with a majority 4-1 judgment. This has been now referred to as Fourth judge case.

Month: Categories: Constitution & Law

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Supreme Court gives Clean Chit to NDA Government over Rafale Deal

Supreme Court has given clean chit to Modi government for purchase of 36 Rafale fighter Jets. The three Judge bench headed by Ranjan Gogoi, find nothing wrong on the purchase of 36 fighter jet instead of 126 from France.  The court gave clean chit on three aspects – Purchasing of 36 Rafale jets instead of 126. Pricing of Rafale jets and Selection of Indian offset partners.

Key Facts

The bench consists of Ranjan Gogoi as chairman and other two members S K Kaul and K M Joseph, gave clean chit on issue of procurement of Rafale jets from France. The litigation had questioned the deal on the ground of pricing mechanism, commercial favoritism and procurement of less number of fighter jets. The petition was first filed by Advocate M L Sharma. The petitioners demanded CBI to register a FIR for the said irregularities in deal.  The apex court rule has two main points – (1) It finds no evidence of commercial favoritism (2) It is not the job of court to deal with comparative pricing mechanism.

Rafale Deal

Dassault Rafale won the MMRCA competition in January 2012 to supply 126 Jet aircraft with additional 63 aircraft to Indian Air Force. First 18 aircrafts were to be supplied by Dassault and remaining were to be manufactured by Hindustan Aeronautics Limited. Dassault refused to ensure the quality of aircraft produced by HAL. In 2014 the price of deal increased to $30 billion. This created the price issue on the deal and deal couldn’t be signed. Then after Modi government the deal was confirmed with the 36 multirole fighter aircraft of Rs. 58000 crores from France’s Dassault Aviation. The deal has been in controversy since its inception and supreme finally gave clean chit to government.

Month: Categories: Defence & Security

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