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In a major setback to Delhi's <keyword id="19935664" type="General" weightage="20" keywordseo="Aam-Aadmi-Party" source="keywords" meta.keywordsubtype="org" meta.entityname="Aam Aadmi Party" meta.hostid="345" meta.entityid="Aam Aadmi Party">Aam Aadmi Party</keyword> government, the <keyword id="19895345" type="General" weightage="20" keywordseo="Supreme-Court" source="keywords" meta.keywordsubtype="org" meta.entityname="Supreme Court" meta.hostid="345" meta.entityid="Supreme Court">Supreme Court</keyword> on Monday ruled that the law "expressly enables" the lieutenant governor to nominate <keyword id="22669982" type="General" weightage="20" keywordseo="aldermen" source="keywords">aldermen</keyword> to the <keyword id="19900879" type="General" weightage="20" keywordseo="mcd" source="keywords">MCD</keyword> and he is not bound by the advice of the council of ministers in the matter. A bench of Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala rejected the <keyword id="19925995" type="General" weightage="20" keywordseo="Delhi-government" source="keywords">Delhi government</keyword>'s plea challenging the LG's power to nominate 10 aldermen in the <keyword id="19907640" type="General" weightage="20" keywordseo="Municipal-Corporation-of-Delhi" source="keywords" meta.keywordsubtype="org" meta.entityname="Municipal Corporation of Delhi" meta.hostid="345" meta.entityid="Municipal Corporation of Delhi">Municipal Corporation of Delhi</keyword> without the aid and advice of the council of ministers. The apex court pronounced its verdict on the Delhi government's plea after reserving it for nearly 15 months. In its ruling impacting the fraught relationship between the LG's office and the AAP-led Delhi government, the bench said the Delhi Municipal Corporation Act as amended in 1993 "expressly enables the LG to nominate persons having special knowledge to the corporation". It said the power expressed by the statute in the name of the LG, also seen in the context of other provisions, demonstrates the statutory scheme in which the powers and duties are distributed among authorities under the Act. "The context in which the power is located confirms that the LG is intended to act as per the mandate of the statute and not guided by the aid and advice of the council of ministers. The power to be exercised is the statutory duty of the LG and not the executive power of the state. This is how we analysed the constitutional provisions," Justice Narasimha said while pronouncing the verdict on behalf of the bench. The bench said the statutory power under provision 3(3)(b)(1) which deals with nomination of persons having special knowledge was vested with the LG for the first time by the 1993 amendment of the DMC Act of 1957. The bench said the DMC Act as amended in 1993 recognises five authorities exercising the state's power and duties under the Act -- these are the Central government, the government of NCT, administrator, corporation and the commissioner. It said the amendment Act of 1993 carries out several amendments to the original DMC Act of 1957 by which the power, duties were allocated to the authorities depending on the function they perform under the law. The bench said by way of the amendment the power of nomination of aldermen was given to LG under the provision just like the power of nomination of MLAs was given to the speaker of the House. On May 17 last year, the top court had said that giving the LG the power to nominate aldermen to the MCD will mean he can destabilise an elected civic body. The MCD has 250 elected and 10 nominated members. In December 2022, the Aam Aadmi Party defeated the <keyword id="19894848" type="General" weightage="20" keywordseo="BJP" source="keywords" meta.keywordsubtype="org" meta.entityname="BJP" meta.hostid="345" meta.entityid="BJP">BJP</keyword> in the civic elections, winning 134 wards and ending the saffron party's 15-year run at the helm of the MCD. The BJP won 104 seats and the Congress finished a distant third with nine. Senior advocate Abhishek Singhvi, appearing for the Delhi government, had contended during the hearing that no separate powers have been accorded to the state government to nominate people to the MCD. For the past 30 years, the practice of the LG nominating aldermen on the aid and advice of the city government has been followed, he said. Additional Solicitor General Sanjay Jain, appearing for the LG's office, submitted that just because a practice has been followed for 30 years does not mean it is correct. The top court had observed that giving the LG the power to nominate aldermen will effectively mean that he can destabilise a democratically elected MCD because these aldermen get appointed to the standing committees and have voting power. Earlier, the top court had questioned the "source of power" of the LG under the Constitution and the law to nominate aldermen to the MCD without the aid and advice of the elected government. On May 12 last year, the top court observed that LG has to act on the "aid and advice" of the council of ministers of the Delhi government in nominating 10 aldermen to the MCD.

SC backs LG's right to nominate aldermen to MCD, setback for AAP govt

Chief Justice of India (<keyword id="19946587" type="General" weightage="20" keywordseo="cji" source="keywords">CJI</keyword>) DY Chandrachud on Saturday observed that it is "grave danger" to describe the <keyword id="19900770" type="General" weightage="20" keywordseo="court" source="keywords">court</keyword> as a "<keyword id="22227364" type="General" weightage="100" keywordseo="temple-of-justice" source="keywords">temple of justice</keyword> and equate <keyword id="20008218" type="General" weightage="20" keywordseo="judges" source="keywords">judges</keyword> with Gods" as the task of judges is to serve the public interest. Addressing a conference on Contemporary Judicial Developments in <keyword id="22227366" type="General" weightage="20" keywordseo="kolkata-cji-chandrachud" source="keywords">Kolkata CJI Chandrachud</keyword> said that "<keyword id="22226984" type="General" weightage="20" keywordseo="constitutional-morality" source="keywords">constitutional morality</keyword>" reflects an institution's commitment of the Court system. "Too very often, when we are addressed as Honour or as Lordship or as Ladyship. There is a very grave danger when people say that the court is a temple of justice. There is a grave danger that we perceive ourselves as the deities in those temples," Chandrachud said. The CJI said that "he feels reticent when he is told that the court is the temple of justice because the temple postulates that the judges are in the position of a deity." "I would rather recast the role of the judge as a server of the people. And when you regard yourselves as people who are there to serve others, then you bring in the notion of compassion, of empathy, of judging but not being judgmental about others," the CJI said. He further emphasized on the word 'contemporary' and said that the word itself speaks about in the context of contemporary <keyword id="22227365" type="General" weightage="20" keywordseo="societal-challenges" source="keywords">societal challenges</keyword> which the judges face in the work they do. "This conference speaks on Contemporary Judicial Developments and strengthening justice through law and technology. The word 'contemporary' is very important because it does not speak about the work which we do in the abstract, but in the context of contemporary societal challenges which we as judges face in the work we do. We, therefore, look at the law and its intersection of technology from the perspective of the societal conditions in which those whom we serve exist in our societies because the true merit of our work lies in addressing challenges faced by those at whose feet we are intended to serve the common citizens of India," he said. He further said that the people exist in a federal structure that is marked by a great deal of <keyword id="20051946" type="General" weightage="20" keywordseo="diversity" source="keywords">diversity</keyword>. "I was born in Mumbai, belong to a small village located 60-70 kilometers away from Pune. The work as judges we do in Delhi is to realize the importance of preserving the diversity of India. So how do we then dwell on the constitutional of morality? At one level constitutional morality is founded in the permeable values. The values which the Constitution, Preamble sets out," he added. The CJI said that C onstitutional morality addresses itself in every component of society. "The Consitution is not merely a dialogue between the states and its citizens, or Union or the states, or States and States. It is a dialogue within and between the societies. The Consitution Morality itself addresses to every component of society," he said. He said that even while sentencing anyone in a criminal case, the judges do that with a sense of compassion, since at the end, a human being is being sentenced. "So these concepts of constitutional morality, which I think, are the key, not just for the judges of the <keyword id="19895345" type="General" weightage="20" keywordseo="Supreme-Court" source="keywords" meta.keywordsubtype="org" meta.entityname="Supreme Court" meta.hostid="261" meta.entityid="Supreme Court">Supreme Court</keyword> or the High Court but also for the district judiciary itself, because the engagement of the common citizens begins first and foremost with the district judiciary," <keyword id="20026571" type="General" weightage="20" keywordseo="CJI-Chandrachud" source="keywords">CJI Chandrachud</keyword> said. He further stressed on the relevance of technology in the functioning of the judiciary and said that the language is the central barrier to accessing and understanding verdicts by common people. "Technology can provide us with some answers. Most judgments are written in English. Technology has enabled us to translate them. We are translating 51,000 judgments in other languages," CJI said.

"Grave danger": CJI Chandrachud on equating court with temple, judge with God

The <keyword id="19895345" type="General" weightage="20" keywordseo="Supreme-Court" source="keywords">Supreme Court</keyword> on Monday refused to entertain a <keyword id="19957723" type="General" weightage="20" keywordseo="PIL" source="keywords">PIL</keyword> challenging the government's decision to cancel the UGC-NET examination following alleged <keyword id="20713483" type="General" weightage="20" keywordseo="question-paper-leak" source="keywords">question paper leak</keyword>. A bench comprising <keyword id="15469242" type="General" weightage="20" keywordseo="Chief-Justice-D-Y-Chandrachud" source="Orion">Chief Justice D Y Chandrachud</keyword> and justices JB Pardiwala and Manoj Misra, however, said the dismissal of the PIL does not amount to a decision on the merits of the PIL as it was filed by a lawyer and not by aggrieved students. "Why are you (lawyer) coming? Let the students come here themselves," the CJI told the lawyer, adding "while declining the above PIL, we express nothing on merits". The bench asked advocate Ujjawal Gaur, who has filed the PIL as a petitioner, to focus on some legal matters and leave such issues for aggrieved persons. The plea was filed against the decision of the <keyword id="20018491" type="General" weightage="20" keywordseo="Union-education-ministry" source="keywords" meta.keywordsubtype="org" meta.entityname="Union education ministry" meta.hostid="153" meta.entityid="Union education ministry">Union education ministry</keyword> and the <keyword id="19904021" type="General" weightage="20" keywordseo="National-Testing-Agency" source="keywords" meta.keywordsubtype="org" meta.entityname="National Testing Agency" meta.hostid="153" meta.entityid="National Testing Agency">National Testing Agency</keyword> to cancel the <keyword id="21469389" type="General" weightage="100" keywordseo="UGC-NET-exam" source="keywords">UGC-NET exam</keyword> following inputs that its integrity may have been compromised. The ministry on June 19 had ordered the cancellation of the UGC-NET exam and handed over the matter to the CBI for an investigation. In the plea, Gaur also sought a direction to immediately stay the proposed re-examination of the UGC-NET exam until the CBI completes its inquiry into the <keyword id="20116086" type="General" weightage="20" keywordseo="paper-leak" source="keywords">paper leak</keyword> allegations. "The petitioner asserts that the decision is not only arbitrary but also unjust, given the recent findings of the Central Bureau of Investigation (CBI). "The CBI's investigation brings the fact that the evidence suggesting the paper leak is doctored, thus nullifying the grounds on which the cancellation was based," the plea, filed through advocate Rohit Pandey, said. The petitioner submitted that the "unwarranted" cancellation of the exam has caused significant distress, anxiety, and an unnecessary expenditure of resources for the aspirants who have rigorously prepared for this crucial examination.

Supreme Court refuses to entertain PIL against government decision to cancel UGC-NET exam

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SC backs LG's right to nominate aldermen to MCD, setback for AAP govt

PTI

"Grave danger": CJI Chandrachud on equating court with temple, judge with God

ANI

Supreme Court refuses to entertain PIL against government decision to cancel UGC-NET exam

PTI

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