Supreme Court Current Affairs

President appoints Justice Ranjan Gogoi as next Chief Justice of India

President of India Ram Nath Kovind has appointed Justice Ranjan Gogoi as next Chief Justice of India as per Article 124 of the Constitution. He will assume office of Chief Justice on 3rd October, 2018 after retirement of incumbent Chief Justice, Justice Dipak Misra.

At present Justice Gogoi is senior-most judge of Supreme Court. His appointment was as per convention, where outgoing CJI recommends name of senior-most judge for appointment by President as his successor. He will be become 46th Chief Justice of India and shall He will have tenure of about 13 months from October 3, 2018 till his retirement on November 17, 2019.

Justice Ranjan Gogoi

Justice Gogoi was born on November 18, 1954. He is native of Assam and is son of former Assam Chief Minister Keshab Chandra Gogoi. He had joined Bar in 1978 and practiced mainly in Gauhati High Court mainly on constitutional, taxation and company matters.

He was appointed as permanent judge of High Court in February 2001. He was transferred to Punjab and Haryana High Court in September 2010 and was appointed its Chief Justice in February 2011. He was elevated to the Supreme Court in April 2012.

In Supreme Court, Justice Gogoi had led important benches that have dealt largely with issue of corruption in politics and public life. He has led apex court bench which ordered Centre to set up special courts to exclusively try MPs and MLAs as means to de-criminalise politics. His Bench is also monitoring progress made by government in appointment of anti-corruption ombudsman Lokpal.

Justice Gogoi was one of the four most senior Supreme Court judges (along with Justices J Chelameswar, M B Lokur and Kurian Joseph) who held January 12, 2018 press conference bringing up issue of selective assignment of sensitive cases by recent CJIs to certain judges in the Supreme Court.

Month: Categories: Persons in News 2018

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SC scraps use of option in Rajya Sabha elections

Supreme Court scrapped use of NOTA (none of the above) option for Rajya Sabha elections, saying it defeats fairness in indirect elections, destroys democratic values and serves as Satan of defection and corruption. The ruling was given by three judges bench of SC comprising of Chief Justice of India Dipak Misra, Justices A M Khanwilkar and D Y Chandrachud. It came on petition by Shailesh Parmar, who was Congress chief whip in Gujarat, challenging EC decision to allow NOTA in Rajya Sabha polls.

SC Prnouncement

It quashed June 2014 notification of Election Commission that allowed use of NOTA option in Rajya Sabha elections. It held that NOTA will destroy concept of value of vote and representation, and encourage defection that shall open doors for corruption which is malignant disorder.

It said that introduction of NOTA in indirect elections may on first glance, tempt intellect but on keen scrutiny, as it falls to ground and completely ignores role of elector in such election and fully destroys democratic value. NOTA practical application defeats fairness ingrained in indirect election.

It held that choice of NOTA will have negative impact in voting process of Rajya Sabha where open ballot is permissible and secrecy of voting has no room and discipline of political parties matters. Though elector, in Rajya Sabha has single vote and has quantified value of his vote and transferable surplus votes. But there is existence of formula for determining value of vote which has different connotation.

Background

NOTA was introduced in Lok Sabha polls (direct election) by Election Commission of India (ECI) following 2013 Supreme Court decision. It was extended to Rajya Sabha election (i.e. indirect elections) via notification in January 2014. Thereafter, biennial elections to 76 Rajya Sabha seats across 21 states in 2014, 8 seats across three states in 2015, 70 seats across 21 states in 2016, 10 seats across three states in 2017, and 58 seats across 16 states in 2018 have been held. NOTA option was provided on ballot paper after name of the last candidate in each of these biennial elections held since 2014. Election Commission in apex court had justified its decision of introducing NOTA in Rajya Sabha elections, mentioning that it did not make any distinction between direct and indirect elections.

Month: Categories: India Current Affairs 2018

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