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The <keyword id="6354977" type="General" weightage="80" keywordseo="supreme-court" source="Orion">Supreme Court</keyword> on Friday dismissed a plea seeking to disclose details under the Right to Information (RTI) of a collegium meeting in which decisions were taken regarding the elevation of judges to the <keyword id="6356229" type="General" weightage="80" keywordseo="apex-court" source="Orion">apex court</keyword>. A bench headed by Justice M.R. Shah said, "Only a resolution drawn and signed by all the collegium members can be said to be the final decision..." The bench added that "it is to be noted that final decision is taken by the collegium only after due consultation and during the consultation some decision takes place, but no final decision is taken and no resolution is drawn, it cannot be said that a final decision is taken by the collegium". "Collegium is a multi-member body whose decision embodies into the resolution that may be formally drawn up and signed...," said the bench, adding that only the final decision was required to be uploaded on the Supreme Court's website. It further added that whatever was discussed in the collegium was not required to be put out in the public domain, that too under the RTI Act. The top court judgment came on a petition by activist <keyword id="221607" type="General" weightage="80" keywordseo="anjali-bhardwaj" source="Orion">Anjali Bhardwaj</keyword> against the Delhi High Court order, which dismissed her plea seeking apex court collegium's agenda in connection with a meeting held on December 12, 2018 when certain decisions were purportedly taken on the elevation of some judges to the apex court. On December 2, the Supreme Court, taking a dig at retired judges, said, "It has become a fashion for them to comment about earlier decisions taken by the collegium, and the existing collegium system should not be derailed on the basis of statements of some busybody". The apex court emphasized that the collegium was the most transparent institution. The bench said that it did not want to comment on what a few former apex court judges, who were once members of the Supreme Court Collegium, were now saying about the mechanism. Advocate Prashant Bhushan, representing the petitioner RTI activist Anjali Bhardwaj, said Justice Madan Lokur, former apex court judge, who was part of the Supreme Court Collegium in 2018, had said that one of the decisions, should have been uploaded on the Supreme Court website. The bench said, "Nowadays, it has become a fashion to comment upon earlier decisions (of the collegium) made when they (former judges) were part of the collegium". It further added, "We don't want to say anything on their comments". The collegium, which was headed by then CJI <keyword id="245445" type="General" weightage="50" keywordseo="ranjan-gogoi" source="Orion">Ranjan Gogoi</keyword> and comprising four senior-most judges Justices Lokur, A.K. Sikri, S.A. Bobde, and N.V. Ramana took certain decisions regarding the appointment of judges. However, details were not uploaded on the website. In January 2019, the collegium revisited the decisions "in the light of additional materials". SEE ALSO: <a target="_blank" class="c-link c-message_attachment__title_link" href="https://www.businessinsider.in/business/corporates/news/paytm-board-to-consider-share-buyback-proposal-on-december-13/articleshow/96101460.cms">Paytm board to consider share buyback proposal on December 13</a> <a target="_blank" class="c-link c-message_attachment__title_link" href="https://www.businessinsider.in/stock-market/news/sensex-nifty50-open-in-the-green-paytm-rises-on-buyback-proposal-hcl-tech-declines/articleshow/96101305.cms">Sensex, Nifty50 open in the green – Paytm rises on buyback proposal, HCL Tech declines</a>

Collegium discussions can't be put out in public domain through RTI: SC

India will celebrate its <keyword id="2027916" type="UNKNOWN" weightage="100" keywordseo="65th-Republic-Day">65th Republic Day</keyword> on <keyword id="4079791" type="UNKNOWN" weightage="100" keywordseo="January-26">January 26</keyword> – a long journey since the world’s biggest democracy gained her <keyword id="1275353" type="UNKNOWN" weightage="80" keywordseo="political-independence">political independence</keyword> on 15 August, 1947, and then successfully prepared one of the most voluminous and versatile Constitutions of the world. <keyword id="6416557" type="PERSON" weightage="100" keywordseo="Republic-day">Republic Day</keyword> or <keyword id="97752" type="UNKNOWN" weightage="100" keywordseo="R-Day">R-Day</keyword> celebrates the date when the Constitution of India came into force – 26 January, 1950 – replacing the <keyword id="196690" type="ORGANIZATION" weightage="100" keywordseo="Government-of-India-Act">Government of India Act</keyword> (1935) as the governing document of the country. 
 A <keyword id="92714" type="UNKNOWN" weightage="80" keywordseo="draft-constitution">draft Constitution</keyword> was initially prepared by the <keyword id="2027910" type="ORGANIZATION" weightage="100" keywordseo="Constitution-Drafting-Committee">Constitution Drafting Committee</keyword>, led by Dr <keyword id="116616" type="ORGANIZATION" weightage="80" keywordseo="BR-Ambedkar">BR Ambedkar</keyword>. Other key members of that panel included <keyword id="869379" type="UNKNOWN" weightage="80" keywordseo="Acharya-Kriplani">Acharya Kriplani</keyword>, Pandit <keyword id="6360386" type="PERSON" weightage="80" keywordseo="Jawaharlal-Nehru">Jawaharlal Nehru</keyword>, Pandit <keyword id="249180" type="PERSON" weightage="80" keywordseo="Govind-Ballabh-Pant">Govind Ballabh Pant</keyword>, <keyword id="5780" type="PERSON" weightage="80" keywordseo="Maulana-Azad">Maulana Azad</keyword>, <keyword id="24098" type="PERSON" weightage="80" keywordseo="sardar-patel">Sardar Patel</keyword> and Dr <keyword id="6354764" type="PERSON" weightage="80" keywordseo="Rajendra-Prasad">Rajendra Prasad</keyword>. The first version was submitted to the <keyword id="99585" type="ORGANIZATION" weightage="100" keywordseo="Constituent-Assembly">Constituent Assembly</keyword> on November 4, 1947. But it took nearly three years of extensive debate, deliberations and moderations before the final document could be freezed. The Constitution was passed in the Constituent Assembly on 26 November, 1949, and was adopted on 26 January, 1950, commemorating the day in 1930 when the Declaration of Indian Independence (Purna Swaraj) was made by the <keyword id="190679" type="ORGANIZATION" weightage="80" keywordseo="Indian-National-Congress">Indian National Congress</keyword>. 
 But so much for history. Fast forward to 2014 and take a look at the key <keyword id="6421547" type="UNKNOWN" weightage="100" keywordseo="amendments">amendments</keyword> made to the <keyword id="99432" type="COMPANY" weightage="100" keywordseo="indian-constitution">Indian Constitution</keyword> and how it impacted the country. Till date, a total of 120 amendment proposals came up although quite a few were abandoned due to various reasons. One or two key amendments mentioned here are still pending, like the <keyword id="121768" type="UNKNOWN" weightage="100" keywordseo="Womens-Reservation-Bill">Women’s Reservation Bill</keyword> that has been passed by the Rajya Sabha or the <keyword id="122785" type="ORGANIZATION" weightage="100" keywordseo="Upper-house">Upper House</keyword> of the Parliament but is yet to be passed by the <keyword id="6355187" type="ORGANIZATION" weightage="100" keywordseo="Lok-Sabha">Lok Sabha</keyword> or the <keyword id="197796" type="ORGANIZATION" weightage="100" keywordseo="Lower-House">Lower House</keyword>. However, the rest of the amendments are already in place and will walk you through India’s socio-political journey. So here’s a quick re-cap of the key changes over the years before you join <keyword id="2027928" type="UNKNOWN" weightage="100" keywordseo="R-Day-festivities">R-Day festivities</keyword>. 
 
Main Image: Wikipedia

13 Constitutional
Amendments That Saw India
Evolving: A Recap Before R-Day

The Supreme Court on Thursday ruled that the appointment of the Chief Election Commissioner and elections commissioners will be done by the President on the advice of a committee comprising the prime minister, the leader of the opposition in the <keyword id="6355187" type="General" weightage="80" keywordseo="lok-sabha" source="Orion">Lok Sabha</keyword> and the Chief Justice of India. A five-judge constitution bench headed by Justice <keyword id="3333505" type="General" weightage="80" keywordseo="km-joseph" source="Orion">KM Joseph</keyword>, in a unanimous verdict, held that this norm will continue to hold good till a law on the issue is made by Parliament. The apex court said if the leader of the opposition in the Lok Sabha is not there, then the leader of the single largest opposition party will be in the committee to appoint the Chief Election Commissioner and elections commissioners. The bench delivered its verdict on a batch of pleas seeking a collegium-like system for the appointment of election commissioners and the Chief Election Commissioner. The bench, also comprising Justices Ajay <keyword id="5149" type="General" weightage="80" keywordseo="rastogi" source="Orion">Rastogi</keyword>, Aniruddha Bose, Hrishikesh <keyword id="715" type="General" weightage="80" keywordseo="roy" source="Orion">Roy</keyword> and CT Ravikumar, stressed purity in the election process and said democracy is intrinsically linked to the will of people. Justice Rastogi, who concurred with the lead judgement authored by Justice Joseph, delivered a separate verdict with his reasoning. The apex court said that election in a democracy should undoubtedly be fair and the buck stops with the <keyword id="40807" type="General" weightage="80" keywordseo="election-commission" source="Orion">Election Commission</keyword> to ensure that its purity is maintained. It said in a democracy, the purity of election must be maintained or else it would lead to disastrous consequences. The bench said the Election Commission must act within the constitutional framework and within the law and it cannot act in an unfair manner. It said that an Election Commission, which does not ensure a free and fair role in the process, guarantees the breakdown of rule of law, which is the bedrock of democracy. The bench said that democracy is fragile and would collapse if "lip service" is paid to rule of law. SEE ALSO: <a target="_blank" class="c-link c-message_attachment__title_link" href="https://www.businessinsider.in/india/news/truth-will-prevail-adani-group-welcomes-supreme-court-order-on-hindenburg-issue/articleshow/98356259.cms">'Truth will prevail', Adani group welcomes Supreme Court order on Hindenburg issue</a> <a target="_blank" class="c-link c-message_attachment__title_link" href="https://www.businessinsider.in/science/health/news/hyderabad-to-install-1400-defibrillators-in-public-places-as-cardiac-arrests-rise/articleshow/98355908.cms">Hyderabad to install 1,400 defibrillators in public places as cardiac arrests rise</a>

President to appoint CEC, ECs on advise of committee comprising PM, LoP & CJI: SC

<ul><li>The former Finance Minister of India succumbed to sustained illness today (August 24).</li><li>For a politician who never won an election, Jaitley remained largely relevant and influential throughout his career spanning decades.</li><li>Jaitley famously backed Narendra Modi in his early days and even when the party's leadership denounced the latter, he stoody by Modi.</li><li>In a world where friendships are forged with secrets and power, Jaitley was everyone’s confidante, philosopher, and guide. </li></ul>India’s former Finance Minister Arun Jaitley passed away after sustained illness at the age of 66 after an impressive political career spanning decades when he never won an election but was always relevant and maintained his deep influence in Indian politics. Jaitley, along with the former Foreign Minister, the late Sushma Swaraj -- <a href="https://www.businessinsider.in/sushma-swaraj-indias-former-foreign-minister-passes-away-at-the-age-of-67/articleshow/70561044.cms" data-type="tilCustomLink" target="_blank">who passed away earlier this month</a>-- were instrumental in keeping the Bharatiya Janata Party relevant, as an opposition party, in the ten years preceding 2014 when Narendra Modi swept to power as India's Prime Minister. Modi himself owes a lot to Jaitley for his rise to political prominence in India. Not just Modi, even the BJP's harshest critics found it way easier to deal or negotiate with Jaitley. A very apt example of Jaitley's realpolitik, his ability in the <a href="https://www.livemint.com/Politics/1JEYCQDdw88BvxjCIHATxK/Reforms-are-the-art-of-the-possible-Arun-Jaitley.html" data-type="tilCustomLink" target="_blank">'art of the possible'</a>, is the rollout of the complicated Goods and Services Tax (GST) in 2017, through the GST Council-- which Jaitley led until May 2019-- where Jaitley had to convince state governments with conflicting interests to find a common ground. It is not possible to be a successful politician or a lawyer without making a few enemies. But the smooth-talking Arun Jaitley, who studied at St Xavier's and Shri Ram College of Commerce, wore both these hats causing little or no animosity around him. Paradoxically, Jaitley was also sharp-tongued and temperamental by nature but he dictated his mood and not the other way around. When the Supreme Court struck down an Act which intended to break the age-old collegium system of appointing higher judiciary, Jaitley was quick to call it the “tyranny of the unelected”, something he knew it will be thrown back at him for his electoral failures. Jaitley remained an nominated member of the Rajya Sabha, the upper house of Indian Parliament, from 2000 to 2018 as he never won an election. The Former Chief Justice of India, RM Lodha, did taunt him in <a href="https://www.youtube.com/watch?v=tD2GNu556aA" data-type="tilCustomLink">a televised national debate in 2015</a>. But Jaitley was prepared and he knew how to direct the debate in the direction he wanted. That was his skill, the ability to know the strengths and weaknesses, not just of himself but of his rivals too, like few else can. Watch the riveting debate between Arun Jaitley and Former Chief Justice of India RM Lodha over the National Judicial Appointments Commission in 2015. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 <div type="Youtube" id="tD2GNu556aA" title="NJAC Debate with Arnab Goswami | Legislature Vs Judiciary | Arun Jaitley Vs Justice R M Lodha - Full" thumbUrl="https://i.ytimg.com/vi/tD2GNu556aA/mqdefault.jpg"></div>













































 Jaitley could see the future and he placed his bets, and made friends, accordingly right from the days as a student politician, to when he became a lawyer and later, the member of the Bharatiya Janata Party (BJP). Jaitley was Vajpayee’s man who stood by Modi Years before Narendra Modi became the Prime Minister and was barely a politician of any significance, Jaitley became his friend. Modi was living out his exile from Gujarat politics in 1995 at the BJP party headquarters in Delhi, when he met Jaitley--who was then called ‘Vajpayee’s man’. Jaitley had lobbied for <a href="https://www.outlookindia.com/magazine/story/ties-that-bind/291379">Modi and turned </a>instrumental in making him the chief minister and later the country's Prime Minister. And his ability to network was so slick that even when he chose sides, he made no foes. For one, he chose Modi over LK Advani as the Prime Ministerial candidate in 2013, and yet remained close to the latter. Years later, everyone came to know Jaitley as Modi’s man. The current Prime Minister had so much confidence in Jaitley that during the first five years of the Modi government, Arun Jaitley held the portfolios of Finance, Corporate Affairs, Defence, and Information and Broadcasting-- and at times he was in multiple important portfolios simultaneously. A <a href="https://caravanmagazine.in/sports/rajat-sharma-the-ddca-and-the-perks-of-a-close-friendship-with-arun-jaitley" data-type="tilCustomLink" target="_blank">similar friendship forged with Rajat Sharma</a>, the founding editor of India TV, one of India's most influential television channels, lasted Jaitley's lifetime. Sharma reportedly used to drive Jaitley around the Delhi University on his scooter while the latter was campaigning as a student politician in the 1970s. Jaitley represented both Coke and Pepsi as a lawyer against each other at different times He could have even written the famous book ‘How to make friends and influence enemies?’ if Dale Carnegie wouldn’t have beaten him to it. Jaitley had represented two of the world’s most bitter rivals—<a href="https://www.sify.com/news/how-everybody-loves-arun-jaitley-news-columns-pmwpk3ebbdfjd.html" data-type="tilCustomLink" target="_blank">Coca Cola and Pepsi as a lawyer</a>. He was Coca Cola’s lawyer for a case against Pepsi and vice versa. Though many would have rolled their eyes at this feat, for him it was a small game. Jaitley's frienship with rivals Sonia Gandhi and P Chidambaram In the <a href="https://www.outlookindia.com/magazine/story/ties-that-bind/291379" data-type="tilCustomLink" target="_blank">long list of unlikely friends</a> is Sonia Gandhi, the head of the rival Congress party, and former Finance Minister, and a lawyer turned politician just like him, P Chidambaram. Jaitley seemed to have gotten through his life keeping all his friends along with a successful career. But many of his friendships were tested, in court as well as Parliament. In 2012, Jaitley was a part of the Opposition party, and he was chosen to question and grill P Chidambaram, the home minister of the ruling Congress party about <a href="https://www.business-standard.com/about/what-is-aircel-maxis-case" data-type="tilCustomLink" target="_blank">the Aircel-Maxis deal</a>. Chidambaram started answering the question by saying that <a href="https://www.business-standard.com/article/opinion/aircel-maxis-deal-probe-will-test-friendship-between-chidambaram-and-jaitley-116030300275_1.html">he was happy that </a>“a friend of 22 years has questioned him.” Though later through the session, Chidambaram turned emotional and “felt as if someone plunged a dagger into him.” Their friendship withstood the barbs, the scams, as the Congress politician continued to attend Jaitley’s annual lunch parties which also doubled as his <a href="https://www.outlookindia.com/magazine/story/ties-that-bind/291379">birthday </a>celebration. Jaitley's rivalry with Subramanian Swamy and Ram Jethmalani Two of Jaitley’s most vicious critics are country’s top lawyers Ram Jethmalani and BJP leader Subramanian Swamy. Both have <a href="https://www.pgurus.com/mr-arun-jaitley-hope-you-have-learnt-your-lesson-for-treating-sonia-family-with-kid-gloves-you-owe-answers-in-mallya-exit/" data-type="tilCustomLink" target="_blank">passed vitriolic comments</a> against Jaitley and they both had old beefs to settle. Jaitley was once the legal assistant to Jethmalani. Yet, the camaraderie did not last long. Jaitley is known to <a href="http://www.indialegallive.com/commercial-news/controversy-news/battle-legal-eagles-21529">have influenced Vajpayee </a>to push Jethmalani from his position as the law minister unceremoniously. The fire-breathing lawyer had never forgiven Jaitley nor forgotten the slight, and had used every excuse to criticise him. He also went back to court as Delhi chief minister Arun Kejriwal’s lawyer in a libel case, just for the pleasure of cross-examining his old adversary. But Jaitley was not a man to be easily undone either and kept his cool, passing the bitter examination with flying colours. Jaitley was also not undone even as Swamy questioned his every move. This rivalry too started when he found a legal loophole to deny the payment of his dues over a case he argued. Ever since, <a href="https://theprint.in/politics/subramanian-swamys-rivalry-with-arun-jaitley-goes-back-to-1993-iit-delhi-salary-row/219800/">he accused Jaitley </a>of being a Congress insider, instigator or a coup and much more. When Jaitley did try to clamp him over discipline, Swamy retorted, “People giving me unasked for advice of discipline and restraint don’t realise that if I disregard discipline there would be a bloodbath.” Jaitley wisely never rose to the bait, like a seasoned solider who picks his battles. Jaitley may be no more but the way he deftly maneuvered India's labyrinth political space will provide lessons in the art of the possible. In a world where friendships are forged with secrets and power, Jaitley was everyone’s confidante, philosopher, and guide. SEE ALSO: <a href="https://www.businessinsider.in/sushma-swaraj-indias-former-foreign-minister-passes-away-at-the-age-of-67/articleshow/70561044.cms" data-type="tilCustomLink" target="_blank">India's 'supermom' Sushma Swaraj, the lady who redefined the country's Foreign Ministry, is no more</a>

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Collegium discussions can't be put out in public domain through RTI: SC

IANS

13 Constitutional Amendments That Saw India Evolving: A Recap Before R-Day

Sanghamitra Mandal

President to appoint CEC, ECs on advise of committee comprising PM, LoP & CJI: SC

PTI

Arun Jaitley, every big man's friend, passes away at the age of 66-- leaving behind lessons in the 'art of the possible'

Katya Naidu

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