One Rank One Pension For Judges

The Hon’ble Supreme court had, Inter-alia, allowed the prayer in a Writ Petition (Civil) No. 521/2002 titled as P. Ramakrishnam Raju Vs Union of India & Others vide judgment dated the 31st March, 2014 directing that “for pensionary benefits, ten years practice as an advocate be added as qualifying service for Judges elevated from the Bar with effect from the 1st April, 2004, the date on which section 13A was inserted by the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2005 (46 of 2005).” In view of the above order, Government has approved appropriate amendment to the High court Judges (Salaries and Conditions of Service) Act, 1954. Accordingly, notice for introduction of “The High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2015” in the current session of the Parliament has been given.

******

Lawyers with Fake Degrees

The Bar Council of India, a statutory body under the Advocates Act, 1961 (25 of 1961) has informed that the number of fake lawyers cannot be exactly ascertained by now and the Bar Council of India has introduced an exhaustive mechanism/procedure for ascertaining the number and identify of such fake or non-practicing lawyers and with that purpose it has framed Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015. The BCI has framed these Rules in order to check and stop the occurrence of the use of such fake degrees or to stop the non-practicing persons enrolled with the State Bar Council from getting benefit or any welfare schemes of all the State Bar Councils/Government or any other institutions. BCI through these Rules has formed the Committees through State Bar Councils in order to implement the verification rules.

The Bar Council of India has further informed that within a period of 6-7 months, the entire verification process will be completed and fake lawyers will be identified. BCI has further stated that since it has not yet been exactly verified, therefore, the exact percentage of fake lawyers cannot be given.

****

Compliance of Court Orders

The wilful disobedience of any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court constitute a contempt of court under the provisions of the contempt of Courts Act, 1971. Further, under Article 215 of the constitution of India, every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself. The statutory provisions are binding on everybody including Central Government, State Governments and all local or other authorities within the territory of India and they are duty bound to obey the court judgment/orders. The Central Government does not maintain any data in this regard.

*****

Grant of Ministerial Status

Article 75 and article 164 of the Constitution provides that the total number of Ministers, including Prime Minister and the Chief Minister in the Council of Ministers and the Council of Ministers in a State, shall not exceed fifteen per cent of the total number of members of the House of the People and the total number of the members of the Legislative Assembly of that State, as the case may be. It is a constitutional mandate to be adhered strictly by all concerned. The Central Government does not have information on the breach of the constitutional ceiling by States since the matter is primarily the concern of the State Governments.

******

Delimitation of Constituencies

The Election commission has informed that under provisions of the Andhra Pradesh Reorganization Act, 2014 which came into force on 2nd June, 2014, a new State of Telangana comprising areas of 1-10 districts (except a part of Khammam District which has been retained in the State of Andhra Pradesh) was created. Accordingly, the areas of remaining 13 Districts (11-23) of the existing State of Andhra Pradesh and a part of Khammam District remained in the existing State of Andhra Pradesh under section 3 of the Andhra Pradesh Reorganization Act, 2014. Further, as per the Andhra Pradesh Reorganization Act, 2014 (Removal of Difficulties) Order, 2015, the extent of 53-Rampachodavaram (ST) and 67-Polavaram (ST) Assembly Constituencies of the State of Andhra Pradesh and 110-Pinapaka (ST), 118-Aswaraopeta (ST) and 119-Bhadrachalam (ST) Assembly constituencies falling in the State of Telangana have been modified Vide Presidential order dated 22nd April, 2015.

The Election commission has further stated that as a result of the above modifications, no part of any Parliamentary or Assembly constituency of one State falls into the other State.

***********

Amendment to Article-1 of the Constitution

The Ministry of Home Affairs has informed that Writ Petition (C) No.924 of 2014 was filed by Niranjan Bhatwal in the Supreme Court of India for using the name ‘Bharat’ for all official and unofficial purposes. The said Writ Petition was disposed of by the Supreme Court on 10.11.2014 as withdrawn with liberty to make appropriate representation before the authorities.

Thereafter, the petitioner, through its counsel, sent a notice along with copy of the Writ Petition to the Prime Minister of India for appropriate action. The said representation was examined by the Government and the request was not acceded to. The decision was conveyed to the advocate of the petitioner on 24.02.2015. The petitioner has again approached the Supreme Court by filing another Writ Petition (C) No.203 of 2015. A reply to the said Petition on behalf of Union of India is being finalized for filing it in the Supreme Court.

********

Shri Om Prakash Rawat Appointed as New Election Commissioner

The President is pleased to appoint Shri Om Prakash Rawat, IAS (MP 77) as the Election Commissioner in the Election Commission with effect from the date he assumes the office.

******