Former top court judge says judiciary, free media can keep government in check
Referring to former CJI DY Chandrachud's remark that the judiciary is not the opposition, Justice Oka said it was misunderstood. 'If the executive acts within the Constitution, courts cannot say 'you could have done better.' That's the opposition's role,' he explained.On allegations of partiality, he said perceptions that those close to power get relief require a 'systematic study' of bail orders and case priorities. Regarding the collegium, he said no system is perfect, but a better alternative must be evolved before replacing it.He declined to comment on the recent case involving Justice Verma, citing his role in the decision, but noted judges are protected from immediate FIR registration to safeguard judicial independence, adding, 'Someday, citizens must think about it.'On whether judges should advise on protest topics, he said courts must only check if the right under Article 19(1)(a) is violated, regardless of the protest's subject. 'As a judge, I may dislike a speech, drama, or comedy act, but my duty is to see if a violation has occurred, not to judge the content,' he said, adding that shaping public opinion is the media's role.Justice Oka also flagged high pendency as a constraint on the judiciary, limiting its ability to take up suo motu matters. Remembering freedom fighter Bal Gangadhar Tilak's sedition trial, he quoted Tilak's defence that feeling offended does not make something seditious unless it meets legal requirements and that being unpopular with the government is not grounds for prosecution. 'These lines remain relevant even after 117 years,' Oka said.Speaking on the collegium system, Justice Oka said, "Somebody may say that the collegium system is wrong But we have to evolve a better system to replace the colleague system. No system can be perfect, every system will have it's flaws. The judiciary has its flaws, the executive has its flaws so we have to find a better system."- EndsTune InMust Watch
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The Hindu
7 minutes ago
- The Hindu
What happens to ‘missing names' on Bihar SIR list?
The story so far: The Election Commission (EC) has completed the first phase of the special intensive revision (SIR) of electoral rolls in Bihar by publishing the draft voter list on August 1. However, 65 lakh names have been removed from this list for various reasons, and the fate of lakhs who have been included on the draft list without submitting verification documents is also up in the air. As poll officials scrutinise forms and conduct inquiries on claims and objections in preparation for the publication of the final list on September 30, the Supreme Court is hearing objections to the SIR process filed by Opposition parties and civil society groups, with the next hearing set for August 12. What happened in the first phase of SIR? In the month after the EC launched the Bihar SIR process on June 24, booth-level officers (BLOs) carried out house visits, distributing pre-printed enumeration forms. Voters not included on the 2003 electoral rolls were required to submit documents proving the date and place of birth of themselves and their parents. As it became clear that many voters could not provide any of the EC's 11 approved documents — which did not include more commonly available documents such as Aadhaar, voter ID cards, or ration cards — the EC issued an advertisement on July 6, urging people to submit their forms before the deadline even if they could not provide supporting documents, leaving it to the Electoral Registration Officers (EROs) to process the forms on the basis of local investigations or other evidence. All those who submitted their forms before the deadline were included on the draft roll published on August 1. Who are the 'missing names' in the draft? The existing electoral rolls just before the SIR process began contained the names of 7.89 crore registered voters. The draft rolls published on August 1, however, only contain 7.24 crore names, indicating a dip of more than 65 lakh. The ECI accounted for these 65 lakh 'missing names' by explaining that 22.34 lakh people on the earlier list were found to be deceased, 36.28 lakh have migrated permanently to another State, or are untraceable, and 7.01 lakh are duplicate voters who have been found registered in multiple locations. Patna saw the highest number of such cases, with 3.95 lakh voters not included on the draft list. On July 13, the EC said a large number of people from Nepal, Bangladesh, and Myanmar were found during the house-to-house verification exercise and that they would not be included in the final electoral roll. The Hindu analysed the deleted names by comparing the draft roll with a list published by the EC in January 2025, which shows a drop of 56 lakh names, including 31 lakh fewer women voters and 25 lakh fewer men, which is unusual given that majority of migration outside the State is by men. Analysis indicated that more deletions may have occurred in districts with larger Muslim populations as per 2011 Census. How can names be added or deleted? Claims and objections to the draft roll can be filed throughout August to correct wrongful inclusions or exclusions. One week into the process, the EC has received 7,252 such claims and objections from individuals. Political parties have claimed that their ground workers too have filed similar claims to correct errors in the draft roll but the EC has denied it. In a plea to the Supreme Court, poll watchdog Association for Democratic Reforms said the full list of names removed from the draft rolls, along with specific reasons for removal, has not been provided to all political parties. EROs are to conduct inquiries on claims and dispose of them within seven days of filing. Each ERO is also expected to display the list of claims daily so that objections can be raised by the public. What will happen to those who submitted their forms without documents? The SIR order seems to leave such cases to the discretion of the EROs and Assistant Electoral Registration Officers (AEROs) who will scrutinise the eligibility of electors based on documents submitted and field reports provided by BLOs. 'In case ERO/AERO doubts the eligibility of the proposed elector (due to non-submission of requisite documents or otherwise), he/she will start a suo moto inquiry and issue notice to such proposed elector, as to why his/her name should not be deleted,' the order says. 'Based on field inquiry, documentation or otherwise, ERO/AERO shall decide on inclusion of such proposed electors in the final rolls. In each such case, ERO/AERO shall pass a speaking order,' it adds. No name can be deleted from the draft roll without such a speaking order, the EC said.
Time of India
an hour ago
- Time of India
SC sets up panel led by ex-HC judge for Banke Bihari temple
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Time of India
2 hours ago
- Time of India
Justice Pardiwala's anti-quota remark expunged in 2015
NEW DELHI: The age-old saying that a human being's life moves in a cycle is strangely true for judges of constitutional courts, especially for Justice J B Pardiwala who became a judge of Gujarat HC in Feb 2011 and was fast-tracked to Supreme Court in May 2022. No one other than Justice Pardiwala can better explain the complications that entail when a constitutional court judge sidetracks the issue before him and makes observations not germane to the pleadings before courts of record - SC and HCs. Unfortunately, Justice Pardiwala did not fall back on his own experience while dictating the order on Aug 4 making harsh comments about the competence of an Allahabad HC judge in criminal matters, and worse barring him from touching criminal cases for adjudication for his entire tenure as an HC judge. CJI B R Gavai's intervention and the graciousness of Justices Pardiwala and R Mahadevan to expunge the remarks against the HC judge may have helped salvage the HC judge's stature, but he may have to live with the memory of the odium. Interestingly in Dec 2015, Justice Pardiwala, as a Gujarat HC judge, while refusing to quash sedition charges against Patidar Anamat Andolan Samiti convener Hardik Patel, had drifted away from the criminal case before him to make sweeping anti-reservation comments. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like She Mixed Pink Salt With This - Now She Can't Stop Losing Weight Break The Weight Learn More Undo In his judgment, he had said, "If I am asked by anyone to name two things, which has destroyed this country or rather, has not allowed the country to progress in the right direction, then the same is - reservation and corruption. It is very shameful for any citizen of this country to ask for reservation after 65 years of independence. When our Constitution was framed, it was understood that reservation would remain for a period of 10 years but unfortunately it has continued even after 65 years of independence. The biggest threat, today, for the country is corruption." Saying that reservations have caused social divisiveness, Justice Pardiwala had observed, "The parody of the situation is that India must be the only country wherein some of the citizens crave to be called backward." This anti-quota remark in a judgment incensed many political leaders and 58 Rajya Sabha MPs moved a notice for initiation of his removal from judgeship. Within a few hours of the motion being filed by the MPs, the Gujarat govt came to Justice Pardiwala's rescue by moving an application requesting the judge to expunge the 'offensive' remarks. Justice Pardiwala acted swiftly and expunged the entire paragraph 62 from his judgment. He directed the HC registry to issue a fresh certified copy of the judgment sans Paragraph 62 which had contained the controversial anti-quota observation.
