Wednesday 21 October 2015

MAKE THE FUNCTIONING OF THE SUPREME COURT's COLLEGIUM SYSTEM MORE TRANSPARENT +

The proposal of the Government "The criteria for selection of judges to the higher judiciary should be spelt out and must be part of the memorandum of procedure and put up on the websites of the apex court and high courts to make the functioning of the Supreme Court's collegium system more transparent" is a welcome move. But this should also be applied to selection of candidates for election, appointment of Governors, appointments of heads of Constitutional bodies etc. so that people should know on what credentials they are being selected and no other better persons available in India among the over 120 crore people.

my comment in times of india


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Monday 19 October 2015

WHETHER SUPREME COURT CONSENT SHOULD BE TAKEN BY THE PRIME MINISTER IN SELECTING HIS COUNCIL OF MINISTERS?

Please do not forget Indian Legislature is a creation of the Constitution. All three wings of Government be it executive, judiciary or legislature, be it State or Union all are equal in their sphere. Separation of power of these three wings are the basic structure of the Indian Constitution. Whether any Political Party would agree if the court is interfering in the selection of the prime minister. Or do they agree to a proposal that Supreme Court should be consulted (with veto power) by the Prime Minister in selecting his Council of Ministers or Secretaries of the Departments? Similarly whether the legislature would agree to a proposal that Court's consent should be obtained for the election of the Speaker? Court is only interpreting the power and the competence of the Legislature and if they are not competent it, the law passed by them is declared as null and void. Is it not Supreme Court’s power of interpretation? To this extent I do not agree with the statement of the Finance Minister.
SEE THE ORIGINAL COMMENT BELOW:
Times of India comment on 19-10-2015

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Monday 12 October 2015

My comment in Times of India agreeing with RSS Chief's Statement on Hindu development

I quoted below the portion of my comment in the Times of India which is self explanatory. Though I agreed with his idea of development, I disagreed with the stories he quoted as they are out of place. See my comments below:

''I don't think what the RSS Chief Shri Mohan Bhagwat had said as reported, "When 121 crore people will become strong and dedicatedly work for setting examples of goodness, India will become strong and it will bring peace and happiness in the world" is wrong. 121 crore, I think would include all sections of the society. But his sample stories are out of place. I don't think the Brahmin was so foolish to hand over the calf to the three shrewd people on simply hearing that what he was carrying was not a calf but a pup. Don't forget the Mahabharata example of Dronacharya and Eklavya and the incident behind the Onam celebration of Mahabali and Vamana. In both these incidents, innocent and efficient people were deceived to promote the inefficient. Still we instituted National award in the name of Dronacharya to honour him who had set a very bad example for the whole teaching community. This is also being continued today. Some brilliant people were suppressed to promote the inefficient not only in education, but in all fields.''

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Wednesday 7 October 2015

GOI-DOPT HAS NOW PRESCRIBED THE FORMAT FOR GIVING INFORMATION TO THE APPLICANTS UNDER THE RTI ACT,2005

GOI/DOPT vide Office Memorandum No. 10/1/2013-IR dated 06-10-2015 has now prescribed the format for giving information to the applicants under the RTI Act,2005. Accordingly, the reply should contain the following details:

(i) RTI application number, date and date of its receipt in the public authority.
(ii) The name, designation, official telephone number and email ID of the CPIO.
(iii) In case the information requested for is denied, detailed reasons for denial quoting
the relevant sections of the RTI Act should be clearly mentioned.
(iv) In case the information pertains to other public authority and the application is
transferred under section 6(3) of the RTI Act, details of the public authority to
whom the application is transferred should be given.
(v) In the concluding para of the reply, it should be clearly mentioned that the First
Appeal, if any, against the reply of the CPIO may be made to the First Appellate
Authority within 30 days of receipt of reply of CPIO.
(vi) The name, designation, address, official telephone number and e-mail ID of the
First Appellate Authority should also be clearly mentioned.”

Additionally, wherever the applicant has requested for 'certified copies' of the
documents or records, the CPIO should endorse on the document "True copy of the
document/record supplied under RTI Act", sign the document with date, above a seal
containing name of the officer, CPIO and name of public authority; in the following format:

“True copy of the document/record supplied under RTI Act.
Sd/-
Date
(Name of the Officer)
CPIO
(Name of the Public Authority)”


It is also mentioned that, in case the documents to be certified and supplied is large in number, information on RTI application should be supplied by a designated PIO but the certification of the documents, if need be, could be done by another junior gazetted officer.