Table of Contents
How is seniority decided in the SC?
Justice KM Joseph’s elevation – controversy 3 Judges elevated to SC recently–
1. Indira Banerjee
2. Vineet Saran
3. KM Joseph A judge who takes oath earlier becomes senior to another who takes oath later.
Collegium
▪ Second Judges’ case 1993
▪ Collegium – comprises of the five most senior SC judges.
▪ MoP – Memorandum of Procedure
▪ All India High Court Judges’ Seniority List
▪ They try to broadly ensure balanced representation of various high courts.
Q. Which article of the constitution talks about the ‘Collegium’ ?
• The Collegium’s recommendations for any name can be returned by the government, but if the Collegium sends the name again – the government has to accept.
• Some judges of the Supreme Court feel that the established procedure for determining seniority of judges has been violated by the government, to deliberately slight the judiciary
• Govt – We followed the order in the All India High Court Judges’ Seniority List and did not consider the original dates of recommendation.
National Register of Citizens: Beginnings and endings
▪ The prophets of doom have been proved wrong and a sense of calm prevails throughout the state
▪ Assurances from centre, state and political groups
▪ Option for appeal/ to file claims till 28 sept.
▪ Free legal assistance offered by AASU
▪ AASU Cooperating with minority groups
▪ Pre 1971 immigrants – no longer tagged as foreigner Morigaon, Karimganj, Goalpara, Barpeta, Cachar Barak valley which have always been seen as dominated by illegal infiltrants from Bangladesh – saw less deletion of name
South Pacific Silk Roads
• India Is not only one struggling to cope with China’s Silk Road ambitions But Also Australia And New Zealand.
• India took its primacy in the Subcontinent for granted
• Canberra and Wellington in the South Pacific did the same
• Now all three are scrambling to deal with China’s projection of economic and political power
▪ Delhi’s concerns about the Gwadar (Pakistan) and Hambantota (Sri Lanka) Port. Also ports under OBOR Australia has similar concerns about the PROPOSED military base of China in Vanuatu Island. All great maritime powers seek forward bases. China’s first foreign military base in Djibouti – in the Horn of Africa Chinese grand plan –
▪ Step 1 – around the year 2000 – internal infra projects
▪ Step 2 – bold naval strategy that was in tune with China’s emergence as the world’s second-largest economy.
▪ Step 3 – 2013 – OBOR – Not confined to its borders, it began to develop maritime infrastructure around the world.
▪ China significantly expanded its economic engagement and security diplomacy in the island nations across the Indo-Pacific.
▪ China was doing what is right for itself
▪ Delhi, Canberra and Wellington – unable to appreciate China’s entirely legitimate aspirations to become a great global power
▪ All three have failed to assess the strategic consequences of China for their own respective regions.
▪ Australia and New Zealand are now boosting their economic aid to the island nations
▪ Australian foreign minister Julie Bishop – ‘’Canberra Conclusion
▪ India’s resources will always be limited to act in Pacific
▪ But – collaboration with its partner countries like Australia, France, Indonesia, Japan, New Zealand and the US
▪ Promoting practical cooperation with these nations could be far more productive than Delhi’s theological discussions about the Quad and the Indo-Pacific ***Forum for India-Pacific Islands cooperation (FIPIC) – 2014 and 2015 summits
Not acting east
• Trade conflict between the US and China — the world’s most important economic and military powers
• Caught in the crossfire – ASEAN • South East Asia’s profound interdependence with both America and China.
• The US has been the ASEAN’s leading economic and security partner for decades
• ARF — the regional forum of the ASEAN that brings together all the major powers to promote peace and prosperity in the region
• The ASEAN expects India to provide a measure of economic ballast and strategic balance in these difficult circumstances
• ASEAN has put special emphasis on accelerating trade liberalisation through the Regional Comprehensive Economic Partnership (RCEP)
• India has formally committed to bringing the RCEP talks but many issues remain to be resolved
• Highest-level political intervention in Delhi
• US mounts – Indo-Pacific strategy
• Beijing is showing a little more flexibility in its maritime territorial disputes with the ASEAN neighbours. Also selling Arms Equipment to ASEAN South China Sea
• ASEAN and China have agreed to start negotiations on the basis of a common draft text
• China has also conducted its first-ever joint maritime exercise with the 10 ASEAN countries last week in Singapore Conclusion
• India has a longer tradition of defence and security cooperation with the ASEAN than China
• “Acting East” – Large gap between Delhi’s promise and delivery
• Plugging that gap must be a high priority for the India .
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