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Judiciary Cannot Amend Constitution, Says Vice President

February 23, 2025, 1:01 am

Vice President Jagdeep Dhankhar stated on Saturday that only Parliament and state assemblies have the power to amend the Constitution, not the judiciary. He was addressing the Constitution Awareness Year celebrations in Chhatrapati Sambhajinagar.

Call for Nationalism and Constitutional Awareness

Dhankhar urged people to view nationalism as their biggest religion, prioritizing it over politics and personal interests. He emphasized the importance of understanding the Constitution, which grants fundamental rights and ensures democracy.

Concerns Over External Influence on Elections

The Vice President expressed concerns about foreign funding influencing Indian democracy, referring to recent allegations of USAID’s involvement in voter mobilization efforts. He warned against external forces affecting election outcomes.

Emergency and the Role of Judiciary

Reflecting on India’s history, Dhankhar highlighted the Emergency of 1975, calling it the “darkest hour” in democracy when fundamental rights were suspended. He criticized the Supreme Court’s decision to uphold the Emergency despite High Courts opposing it.

Judiciary’s Role in Constitutional Amendments

Reiterating the constitutional framework, he clarified that only Parliament and state assemblies can amend the Constitution, while the judiciary can only interpret it.

Nation reclaims after 75 years its identity via asserting on its name Bharat

January 27, 2025, 2:45 am

It has been 75 years since the Constitution of Bharat came into force. The first article of the Constitution (Article 1: India that is Bharat) declares our identity as our nation or as people. The Constitution itself declares without any doubt that this nation, which was known in the world as ‘India’ at that time, is actually the ancient nation that has shone light on the world since ancient times under the name “Bharat”. Technically, at that time, we were known as India in different committees at the international level. The meaning of the phrase India that is Bharat is also a pledge to restore our ancient name with a single consciousness. The name Hindu that came from Sindhu from geographical background, then Indica from Hindu, and from there India. All this history is known to everyone. Similarly, our country has been known by many names in history. But Bharat is the name that has no other word to replace it.

Bharat is an eternal Nation
The Nation is believed to have emerged from the penance of the sages who desired goodness for all. The idea that Bharat is a iq.;Hkwfe is an ancient concept. Loyalty to one’s own country is seen in all developed nations in the past as well as present. In Bharat, it has created the noble concept of “Mata Bhoomi Putroham Prithivya”. Today, the world accepts it as a philosophy of nature conservation and sustainable living. Since time immemorial, we have described our country by the word “Bharat”. It can be seen in the Vedic literature, the Mahabharata, the Bhagavatam, srimat bhagavat geeta, the Manusmriti, other Puranas, and the works of Kalidasa. In the past, it was sung about Bharat like,
“Gayanti Deva: Kila Gita Kani:
Dhanyastu te Bharata Bhoomibhage:
Swargapavargaaspada marga bhute:
Bhavanti Bhuya: Purusha: Suyat Naat.”
Bharat is an invincible spirit
Bharat is more than just a name, it is an invincible spirit.
“Bhaatisarveshu vedeshu
Ratissarveshu jantushu
Tharanam sarvatirthanam
Thena Bharatamuchyate”

Linguistics says that the word Bharat is a combination of three varnas: Bha, Ra, Ta. Each varna has a different meaning. Bha = One who shines in all the Vedas (knowledge). One which shines in knowledge. Ra = One who is interested in all beings. One who loves and cares for this entire nature. This is the basis of the concept of Dharma. Ta = One who shines in all the Tirthas. Tirtha means water as well as Shastra. If we take it geographically, it means all places. Every inch of land. If we take Shastra – it can be interpreted as being described or manifested in all subjects or Shastras. If all the other names are geographical terms, the name, “Bharat” was achieved through our Karma Yoga. The history and tradition of Bharat is the acquisition, creation, distribution and expansion of knowledge.
When this country was fighting to get rid of its long slavery, it had a goal in front of it. It was not just political power. It was not Swarajya.It was just freedom, swatantra also. To be able to express its own identity. Swami Vivekananda declared this, “Nothing less than Bhara’s victory over the world. victory should be the goal of this renaissance.” “Born with Sanatana Dharma and living with its ups and downs, the mission of Bharat is to prepare the royal path for universal welfare,” is the view of Arabinda Yogi. Bharat should express its identity not for the mere happiness and prosperity of Bharat. Those who do not say this, have lost their place in the hearts of our people today.

From self-forgetfulness to identity consciousness

When the Rajpath and the Durbar have turned into the ‘kartavya pat’ , and Sri Ram Janmabhoomi, Kashi, Ujjain, Amritsar and Nalanda have spread awe and become shining centres again, many are expressing their confidence and self-respect by using the name of our country as Bharat instead of India in the Kshatrapati for the banquet given by the President in connection with the last G20 Summit and in all the formal programs thereafter. The fact that many universities have officially decided that they will use the name Bharat instead of India, irrespective of the language, they use in those universities’ for day -to-day affairs. This is becoming a new movement. It can be assumed that the conference titled One Nation – One Name: Bharat will accelerate this in the Gyan Mahakumbh, which is being held in association with the Maha Kumbh Mela in Prayag. The fact that India is starting to call itself Bharat is a manifestation of the invincible spirit of Bharat. It is a symbol of Bharat regaining its status and value on the global stage. It is the evolution of Bharat’s unwavering dedication to reclaiming its true identity.

A. Vinod is National Convenor, Shiksha Sanskriti Utthan Nyas, Delhi.

‘Her English will be good but deeds are not’: Kharge and Sitharaman Engage in Heated Debate Over Constitution in Rajya Sabha| WATCH

December 16, 2024, 2:38 pm

A fierce exchange unfolded in the Rajya Sabha on Monday as the House debated the Constitution of India, with Union Minister Nirmala Sitharaman and Congress National President Mallikarjun Kharge clashing over historical interpretations and party legacies. Sitharaman launched a scathing attack on the Congress party and its leaders, including former Prime Ministers Jawaharlal Nehru and Indira Gandhi, asserting that the constitutional amendments they enacted were aimed at protecting those in power rather than strengthening democracy.

VIDEO | “I have to tell them that I also know how to read. I have studied in municipality school, she (Nirmala Sitharaman) has studied in Jawaharlal Nehru University, it is certain that her English will be good, her Hindi will be good, but the deeds are not good,” says Congress… pic.twitter.com/1PFqGVS9II

— Press Trust of India (@PTI_News) December 16, 2024

Sitharaman emphasized that India, a nation that prides itself on freedom of expression, witnessed its first interim government introduce a constitutional amendment to restrict free speech within a year of the Constitution’s adoption.

In response, Kharge countered Sitharaman’s assertions, stating that while she may possess strong language skills, her actions do not reflect good deeds. “I have to tell them that I also know how to read. I have studied in a municipality school; she has studied in Jawaharlal Nehru University. Her English will certainly be good, her Hindi will be good, but the deeds are not good,” Kharge remarked.

Kharge further questioned the motives of those who “hate” the Constitution, the national flag, and the Ashok Chakra, suggesting they were attempting to instruct the Congress party on its legacy. He recalled instances when individuals burned the Constitution and torched effigies of prominent leaders like Babasaheb Ambedkar, Nehru, and Mahatma Gandhi on the day the Constitution was adopted.

Defending the Congress party, Kharge highlighted that while many powerful nations did not grant universal adult franchise or women’s voting rights at the time, the Congress and the Constitution provided these rights to the nation. He noted that the Rashtriya Swayamsevak Sangh (RSS) and the Jansangh (now BJP) opposed these progressive measures.

Kharge concluded by stating that the debates from the Constituent Assembly indicate that the leaders of the RSS were against the Constitution.

Supreme Court to Decide on Terms ‘Secular’ and ‘Socialist’ in Preamble

November 22, 2024, 4:11 pm

On Friday, the Supreme Court announced its intention to deliver a verdict on November 25 regarding petitions seeking the removal of the terms “secular” and “socialist” from the Preamble of the Indian Constitution. The bench, comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar, emphasized that in the Indian context, “socialist” pertains to the concept of a welfare state. They reiterated that secularism is a fundamental aspect of the Constitution’s basic structure and noted that the 42nd Amendment, which introduced these terms, has been previously scrutinized by the Court.

The petitions under consideration were filed by BJP leader Subramanian Swamy and attorneys Balram Singh, Karunesh Kumar Shukla, and Ashwini Upadhyay. In earlier proceedings, the bench observed that secularism has consistently been regarded as an integral component of the Constitution’s basic structure. They also remarked that the terms “secular” and “socialist” in the Preamble should not necessarily be interpreted through a Western perspective. The bench stated, “Socialism can also mean that there should be equality of opportunity and the wealth of a country should be distributed equally. Let’s not take the Western meaning. It can have some different meaning as well. Same with the word secularism.”

Subramanian Swamy contended that the inclusion of these two words in 1976 cannot retroactively apply to the original Preamble, which was established in 1949. He argued that their insertion via the 42nd Constitution Amendment Act during the Emergency period violated the basic structure doctrine established in the 1973 Kesavananda Bharati judgment, which limits Parliament’s authority to amend the Constitution in ways that alter its fundamental features.

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Swamy further asserted that the Constitution’s framers deliberately chose not to include these terms, suggesting that their later addition imposed specific political ideologies on citizens, thereby infringing upon their right to choose. He maintained that such amendments exceeded Parliament’s powers under Article 368. Additionally, it was noted that Dr. B.R. Ambedkar had opposed the incorporation of these words, believing that the Constitution should not mandate particular political ideologies upon the populace.

Congress to highlight ‘Maiyaan Samman Scheme’, Constitution in its Jharkhand campaign

October 22, 2024, 11:34 am

With seat sharing talks still going on in Jharkhand for the two phase assembly polls, the Congress has geared to highlight the state government’s ‘Maiyaan Samman Scheme’ as well as to raise the issue of ‘Samvidhaan’ during its campaigning.

The development comes a day after Congress announced its first list of 21 candidates in the mineral rich eastern state, where it is in alliance with the Hemant Soren led Jharkhand Mukti Morcha (JMM).

Congress has named its state finance minister Rameshwar Oaron, former state unit chief Dr Ajoy Kumar, Banna Gupta, Irfan Ansari, Purnima Niraj Singh, Amba Prasad Sahu, Deepika Pandey Singh, Mamata Devi, Ajay Nath Shahdeo among others.

A top party source said that the Congress will be highlighting the works of the coalition government in the state and promote the schemes it brought in last five years.

The party source said that the Congress will highlight the ‘Maiyaan Samman Scheme’ in the state which earlier provided Rs 1,000 per month to women between 18 to 50 years.

The Hemant Soren government in its Cabinet meeting on October 14 announced to increase the amount of scheme to Rs 2,500 per month, which will be applicable from December.

The party source further said that Leader of Opposotion Rahul Gandhi had visited Ranchi and addressed the Samvidhaan Samman Sammelan on October 19, thus party will be highlighting the issue of the Constitution in the state. This is felt by Congress leadership as the BJP has been raising the issue of Rohingyas in Jharkhand and decline in population of tribals, Hindus in the state.

The source said that to cater the polarized campaign of the BJP, the Congress will highlight the Constitution as it has got more prominence in the state where there is a big chunk of population of tribals, dalits, Christians and other marginalized group.

The source also said that the party will be also highlighting several other schemes of the state government as most of the poor families are receiving at least Rs 5,000 to Rs 8,000 as part of different schemes, which is proving the good will of the JMM-Congress government.

Polling for the 81 member assembly will take place in two phases. Polling for 43 seats in first phase will take place on November 13 while for the rest of the 38 seats, polling will take place in second phase on November 20. Counting of votes will take place on November 23.

Parliament Session 2024: Rahul Gandhi Holds Up A Copy Of Constitution As PM Modi Takes Oath

June 25, 2024, 6:07 pm

On the inaugural day of the 18th Lok Sabha session, Congress leader Rahul Gandhi made a pointed statement by displaying a copy of the Indian Constitution to Prime Minister Narendra Modi as he approached the stage to take his oath as an MP. This gesture was captured in a video shared by the Congress party, where Gandhi can be seen holding up the Constitution while the Prime Minister took his oath.

In a brief interaction with reporters, Gandhi explained the significance of his act. “The attack that the PM and Amit Shah are launching on the Constitution is not acceptable to us, we will not let this happen. So, we held the Constitution while taking the oath. Our message is going across, no power can touch the Constitution of India,” he stated.

Prime Minister Modi, who has retained his Varanasi seat, was sworn in for his third consecutive term as Prime Minister earlier this month, along with his Council of Ministers on June 9. As the leader of the House, he was the first to take the oath in Hindi, amid chants of “Jai Shri Ram” from the treasury benches.

The first day of the 18th Lok Sabha’s session saw a significant display of unity from the INDIA bloc MPs, who assembled in the Parliament complex. Marching together to the Lok Sabha, they chanted slogans to “save the Constitution,” emphasizing their collective commitment to its preservation.

Key opposition leaders, including Congress president Mallikarjun Kharge, Rahul Gandhi, Trinamool Congress’ Sudip Bandyopadhyay, and DMK’s TR Baalu, gathered at the former location of the Gandhi statue in the Parliament complex. Former Congress president Sonia Gandhi also joined this demonstration of solidarity.

The first session of the 18th Lok Sabha commenced on Monday morning. The debate on the Motion of Thanks to the President’s Address is scheduled to begin on June 28, with Prime Minister Modi expected to respond to the debate on July 2 or 3.

Rahul Gandhi Displays Constitution In Protest As PM Modi Takes Oath: Watch

June 24, 2024, 4:26 pm

In a symbolic act of protest, Congress leader Rahul Gandhi displayed a copy of the Constitution to Prime Minister Narendra Modi during the oath-taking ceremony on the first day of the 18th Lok Sabha session. The gesture, captured in a video shared by the Congress party, has ignited a political discussion about the safeguarding of constitutional values.

As Prime Minister Modi approached the stage to take his oath as an MP, Rahul Gandhi was seen holding up the Constitution. Speaking to reporters afterward, Gandhi explained, “The attack that the PM and Amit Shah are launching on the Constitution is not acceptable to us. We will not let this happen. So, we held the Constitution while taking the oath. Our message is going across; no power can touch the Constitution of India.”

Prime Minister Modi, who retained his Varanasi seat, was sworn in for his third consecutive term earlier this month, along with his Council of Ministers on June 9. As the leader of the House, he was the first to take the oath in Hindi, amidst enthusiastic chants of “Jai Shri Ram” from the treasury benches.

The first day of the 18th Lok Sabha’s inaugural session saw a significant show of unity from the opposition. Members of the INDIA bloc gathered in the Parliament complex, marching together to the Lok Sabha while chanting slogans to “save Constitution.” Key opposition leaders, including Congress president Mallikarjun Kharge, Rahul Gandhi, Trinamool Congress’ Sudip Bandyopadhyay, and DMK’s TR Baalu, assembled at the former location of the Gandhi statue in the Parliament complex. Former Congress president Sonia Gandhi also participated in this display of solidarity.

जय संविधान ✊ pic.twitter.com/HzaF0vWDal

— Congress (@INCIndia) June 24, 2024

The session commenced on Monday morning, with the debate on the Motion of Thanks to the President’s Address scheduled to begin on June 28. Prime Minister Modi is expected to respond to the debate on July 2 or 3.

This incident highlights the ongoing political tensions and the opposition’s commitment to defending constitutional principles. Rahul Gandhi’s gesture has set a confrontational tone for the parliamentary session, emphasizing the critical importance of preserving the integrity of India’s Constitution.

Rahul Gandhi: PM Modi and Amit Shah’s Assault on Constitution Unacceptable

June 24, 2024, 3:05 pm

Congress leader Rahul Gandhi accused Prime Minister Narendra Modi and Home Minister Amit Shah of undermining the Constitution, emphasizing that such actions were unacceptable to the Opposition INDIA bloc. Gandhi, along with Congress Parliamentary Party Chairperson Sonia Gandhi, led a protest in the Parliament premises, holding copies of the Constitution.

“We will not allow the Prime Minister and Amit Shah to attack the Constitution. This message is clear as we held the Constitution while taking the oath today,” Rahul Gandhi told reporters ahead of the 18th Lok Sabha session. He asserted that the Constitution of India was sacrosanct and beyond any interference.

Earlier, Prime Minister Narendra Modi, in a media address before the Parliament session, indirectly criticized the Congress over the Emergency imposed in 1975, describing it as a dark chapter in India’s democracy. He expressed confidence that the new generation would uphold the Constitution and prevent any repetition of such actions.

Amid controversies over the appointment of Bhartruhari Mahtab as pro-tem speaker, leaders from the INDIA bloc protested inside the Parliament premises with copies of the Constitution. Congress MP Gaurav Gogoi criticized the ruling party for disregarding key national issues and advocated for the appointment of K Suresh as Pro-tem Speaker, highlighting its significance for the Dalit community.

Members of the Samajwadi Party, including Akhilesh Yadav and Dimple Yadav, arrived at Parliament carrying copies of the Constitution, while Trinamool Congress leaders Sudip Bandhopadhyay and Kalyan Banerjee accused the Modi government of violating constitutional provisions.

“We demand protection for the country’s Constitution,” Bandhopadhyay stated, criticizing unilateral actions by the central government in agreements with Bangladesh without consulting the West Bengal government. Kalyan Banerjee echoed this sentiment, alleging that the appointment of the pro-tem speaker disregarded constitutional norms and precedents.

Why Did Chandra S. Pemmasani Omit The Word ‘God’ In His Oath Taking?

June 11, 2024, 4:14 pm

During the recent swearing-in ceremony for India’s government officials, Chandra Sekhar Pemmasani, the newly appointed Minister of State for Rural Development and Communications and the wealthiest Lok Sabha MP, stood out. While the majority of leaders followed the customary oath, swearing in the name of God to uphold the Constitution of India, Pemmasani opted for a different path. As President Droupadi Murmu administered the oath of office and secrecy to Prime Minister Narendra Modi and 71 other ministers on June 9, Pemmasani’s oath captured notice for its distinct formulation.

Instead of invoking a higher power, he solemnly affirmed his commitment in English, stating, “I Dr Pemmasani Chandrashekhar do Solemnly affirm that….” This deviation from the usual oath, where ministers commonly invoke the name of God, underscores Pemmasani’s unique approach and potentially mirrors his personal beliefs or principles. Transitioning from a medical profession to governance, his decision to affirm instead of swear might signify a secular standpoint or a preference for a more inclusive oath-taking procedure.

Why Did Chandra Sekhar Pemmasani Omit the Word ‘God’ in His Oath Taking?

In the intricate fabric of India’s constitutional framework lie two distinguished paths for oath-taking, each endowed with profound significance. The first, a sacred invocation in the name of the Divine, resonates deeply with our cultural tapestry. Conversely, the second, an earnest affirmation of one’s integrity, holds relevance for those whose beliefs transcend the boundaries of traditional religious adherence, such as atheists. In this nuanced choice lies a reflection of India’s commitment to uphold the values of inclusivity and secularism, weaving together the diverse threads of our nation’s ethos into a unified tapestry of unity and diversity.

Unlike the traditional oath, Pemmasani chose to affirm his oath, stating, “I Dr Pemmasani Chandrashekhar do Solemnly affirm that…”

Pemmasani’s conscious choice to depart from the conventional invocation of divine presence during his oath-taking ceremony unveils the ongoing discourse enveloping the configuration of oaths within our nation. Embedded within Article 75(1) of our Constitution lies the freedom for individuals to either invoke the divine or solemnly affirm their allegiance to the constitution of India. Pemmasani’s resolute decision to opt for affirmation over the customary oath reflects a departure from the customary religious undertones often entwined with such ceremonial moments, offering a glimpse into his ethos and beliefs.

Moreover, in consonance with the provisions enshrined within the Oath Act of 1969, individuals are given the liberty to choose between pledging in the name of God or solemnly affirming their commitment to truth in various spheres, encompassing courtroom testimonies and the submission of affidavits alike. In this fluidity of choice lies a testament to India’s commitment to fostering an environment where diversity thrives, and individual convictions find respectful acknowledgment within the tapestry of our legal and societal fabric.

“Would Be Better If These People Read Constitution…”: PM Modi On Kejriwal’s Allegation

May 28, 2024, 2:00 pm

Rejecting opposition allegations about the misuse of probe agencies against them, PM Narendra Modi has said the government has zero tolerance towards corruption and that it is better “if these people read the Constitution, read the law of the country”.

In an exclusive interview with ANI, PM Modi said the probe agencies were making more seizures in corruption cases.

When asked about Delhi Chief Minister Arvind Kejriwal’s allegation that PM Modi decides who will go to jail, the Prime Minister said, “It would be better if these people read the Constitution, read the law of the country, I do not need to say anything to anyone”.
Kejriwal has been given interim bail by the Supreme Court till June 1 in the Delhi excise policy case.
Kejriwal has been attacking the BJP and PM Modi in his rallies for the Lok Sabha polls.

“In Bihar, Modi Ji said – ‘Tejashwi Yadav will go to jail in a few days.’ This clearly shows who will go to jail and for how many days will he stay in jail, this is decided by Modi Ji. When I said this a few days ago, I was asked how I was saying this. Yesterday Modi Ji accepted it in front of the whole country,” Kejriwal said in a post on X on May 26.

कल बिहार में मोदी जी ने कहा – “कुछ दिनों में तेजस्वी यादव जेल जायेंगे।” इस से साफ़ ज़ाहिर है कि कौन जेल जाएगा, कितने दिन जेल में रहेगा, ये मोदी जी तय करते हैं।

ये बात जब मैंने कुछ दिन पहले कही थी तो मुझसे पूछा गया कि ये मैं कैसे कह रहा हूँ। कल मोदी जी ने पूरे देश के सामने क़बूल… https://t.co/jHAWMfTzpB

— Arvind Kejriwal (@ArvindKejriwal) May 26, 2024

PM Modi said that during his 10-year tenure, ED has seized Rs 2,200 crore while during Manmohan Singh’s 10-year tenure as Prime Minister, it was only Rs 34 lakh.

“Ask the person who is throwing this garbage, what is the proof of what you are saying? I will convert this garbage into manure and will produce some good things for the country from it. When Manmohan Singh was in power for 10 years, Rs 34 lakhs were seized and currently in the last 10 years ED has seized Rs 2,200 crores. The one who has brought back Rs 2,200 crores to the country should be respected and not abused,” he said.

“The one whose money has gone is abusing. It means that whoever has a part in stealing money will shout a little after being caught. Today, a Sarpanch has the right to sign on a chequebook but the Prime Minister of the country does not have it. Modi government has told its officers that it has zero tolerance towards corruption,” he added.

Rajnath Singh: BJP Stands Firm On Constitution And Reservation

May 26, 2024, 12:29 pm

Union Minister Rajnath Singh, in an exclusive interview with NDTV, assured that the BJP has no intention of altering the Preamble of the Indian Constitution or discontinuing reservation policies. Singh emphasized that while the Congress has made changes to the Preamble in 1976, the BJP has no such plans and is being unfairly targeted.

Singh recalled the amendment made to the Preamble during Indira Gandhi’s tenure in 1976, highlighting the consensus within the constituent assembly regarding the possibility of constitutional amendments. He stressed that while amendments have been made in the past, the BJP does not entertain the idea of altering the Preamble.

Singh’s comments come in response to allegations by Congress leader Rahul Gandhi, who suggested that the BJP would disregard the Constitution if re-elected. Concerns were also raised by some Congress members about the potential removal of “secularism” from the Preamble.

The Defence Minister reiterated the BJP’s commitment to reservation policies, particularly for OBCs and STs, dismissing claims of discontinuation. He clarified that while the Opposition discusses religion-based reservation, the BJP firmly opposes such measures, citing constitutional constraints.

With the Lok Sabha elections underway, led by Prime Minister Narendra Modi, the BJP is seeking a third consecutive term. Voting for six of the seven phases has concluded, with results slated for announcement on June 4 after the final round of voting on June 1.

CJI: SC constantly working to make sure that legal processes become easier and simpler for citizens

November 26, 2023, 4:48 pm

India’s Chief Justice, DY Chandrachud, stated on Sunday that the Supreme Court is always striving to make legal procedures more user-friendly and straightforward so that people don’t spend needless time behind bars. According to CJI, President Droupadi Murmu brought up the issue of jail overcrowding and the incarceration of people from underprivileged backgrounds on Constitution Day of last year.

Responding to that, CJI said, “Madam President, I want to assure you that we are constantly working to ensure that legal processes become easier and simplified, so that citizens do not languish in jails unnecessarily. The version 2.0 of the FASTER initiative that will be launched today ensures that judicial orders of release of a person are immediately transferred to jail authorities via electronic means, so that the person is released on time.”

Furthermore, the Chief Justice stated that the Supreme Court has been deliberating on cases concerning the rights of prisoners, overcrowding, and other related issues. He also assigned the Court’s research center the responsibility of devising a project aimed at enhancing the prison environment. Speaking at the Supreme Court’s Constitution Day celebration, Chief Justice Chandrachud stated that the intention behind these efforts has been to make sure the public believes that the judiciary, as a constitutional institution, is serving their interests.

“Today, on the occasion of Constitution Day, I want to tell the people of India that the doors of the Supreme Court have always been open for you and will remain open in future also. You never need to be afraid of coming to court,” CJI said.

Patna : JDU leaders sit on hunger strike to protest against new Parliament inauguration

May 28, 2023, 2:19 pm

On Sunday, Janata Dal (United) Dal workers sat on Hunger strike at Ambedkar statue near Patna High Court against inauguration of New Parliament buillding by PM Narendra Modi. The JDU leaders march from designated office till Patna High Court. They alleged President Droupadi Murmu was not invited in the inauguration of New parliament building. Notably, Congress and other opposition parties decided to boycott the inauguration of the new Parliament building. They stated that it “insults the high office of the President and violates the letter and spirit of the Constitution”.

A total of 21 parties decided to boycott the inauguration of the new parliament building.
Prime Minister Narendra Modi dedicated the new Parliament building to the nation on Sunday by unveiling a plaque and installing the ‘Sengol’ in the new Lok Sabha chamber.
The newly constructed building of Parliament, which will work to further enrich India’s glorious democratic traditions and constitutional values, is equipped with state-of-the-art facilities which will help the Members to perform their functions in a better way.

The new Parliament building is designed to enable 888 members to sit in the Lok Sabha.
In the present building of the Parliament, there is a provision for the sitting of 543 Members in the Lok Sabha and 250 in the Rajya Sabha.Keeping in view the future requirements, arrangements have been made for a meeting of 888 members in the Lok Sabha and 384 members in the Rajya Sabha in the newly constructed building of the Parliament. The joint session of both Houses will be held in the Lok Sabha Chamber.

CONSTITUTIONAL VALIDITY OF QUOTAS

May 15, 2023, 12:39 am

According to Black’s Law Dictionary, a quota is a proportional share assigned to a person or group; an allotment or an official limit on the number or amount of something that is allowed or required over a given period; a minimum or maximum number. In India, quotas are provided in various areas like education, jobs, government schemes, scholarships, etc., for the disadvantaged groups of people. The constitutional validity of quotas has been a matter of great debate over the years and the Supreme Court has always played an important role in determining the constitutionality of quotas.
Analyzing the various judgments pronounced by the Supreme Court, it can be enunciated that many factors are considered by it while determining the constitutional validity of quotas. There must be a legitimate purpose of quotas such as promoting social justice or equality and their object must always be reasonable. No doubt, quotas can be granted for a specific group, such as a caste or tribe, or for a general category, such as women or the economically backward classes, etc., but they should never adversely affect the interests of other groups. The Supreme Court has also considered many factors, while determining the constitutional validity of quotas such as the history of discrimination and the need to promote equality.
In Indra Sawhney v. Union of India, the 27% reservation for SEBCs (Socially and Economically Backward Classes) was implemented in addition to the 22.5% reservation which already existed for the members of SCs/STs. In the year 1979, the Mandal Commission was set up to define the SEBCs and to identify the criteria for them. The Commission recommended reservation for the members of SEBCs and after the implementation of the said recommendation, the same was challenged. The Supreme Court validated the 27% reservation and held that there is an objective evaluation of the social and educational backwardness of classes behind the reservation and the criteria for a group to qualify for reservation is social and educational backwardness. The Court reiterated that the 50% cap in the vertical reservation category is to ensure efficiency in administration which can be breached in exceptional circumstances and decided the validity by considering the beneficial interest of the society.
In the years 1995 and 2000, Parliament enacted two amendments to the Constitution, namely, the 77th and 81st amendments, which introduced changes with respect to reservations in promotions for SCs and STs. The Supreme Court was faced with the challenge to these amendments in the case of M. Nagaraj v. Union of India, wherein the provisions 4A and 4B were added to Article 16 of the Constitution. The main point of contention that was raised by the Petitioner while challenging the amendments was that these amendments to the Constitution violated the Basic Structure of the Constitution and they provided preferential treatment to the members of SCs/ STs. It was also contended that the said amendments did not meet the test of backwardness as per the earlier judgments of the Supreme Court. The Supreme Court looked upon the historical aspects of the members of SCs/STs and observed that these amendments were necessary to address the historical disadvantages faced by these classes and that the said amendments are the remedial measures taken by the legislature to provide the members of SCs/ STs with equal opportunities. The Supreme Court also held that reservations in promotions can only be provided if there is sufficient data available to show the backwardness of SCs / STs in the concerned departments. The issue of the creamy layer was also raised as to whether this concept can be made applicable in the case of SCs/STs as well. To this, the Supreme Court, while upholding this contention, held that certain criteria for identifying the creamy layer within SCs/STs are required which include income, education, occupation and property.
R.K. Sabharwal v. State of Punjab is another important matter in which the Supreme Court upheld the constitutional validity of quotas in promotions for Scheduled Castes and Scheduled Tribes. The matter arose out of a challenge to a Punjab government notification that reserved 16% of vacancies in promotions for Scheduled Castes and Scheduled Tribes. The petitioners argued that the notification violated Article 14 of the Constitution, which guarantees equality before the law. The Supreme Court held that the notification was constitutional and found that the government had a legitimate purpose in reserving vacancies for Scheduled Castes and Scheduled Tribes, namely to promote social justice and equality. The Court also found that the notification was not excessive, as it only reserved 16% of vacancies and held that quotas are constitutional if they are for a legitimate purpose, such as promoting social justice or equality. The Court observed that quotas must be reasonable, not excessive and must not adversely affect the interests of other groups, such as the general category or merit. The Court also observed that providing quota was a necessary tool to address the historical discrimination faced by Scheduled Castes and Scheduled Tribes.
Recently, the Supreme Court decided the constitutional validity of the 103rd Amendment Act, 2019, in the matter of Janhit Abhiyan v. Union of India, which authorized the State to provide reservations to the Economically Weaker Sections (EWS) of the society in higher education and public employment. The said amendment inserted Clause 6 in Articles 15 and 16 of the Constitution which provided for 10% reservation to the people belonging to the EWS category. The main question for determination before the Supreme Court was whether reservation can be granted solely on the basis of economic criteria and whether EWS reservation breaches the 50% ceiling for reservation, established by the Supreme Court in Indra Sawhney v. Union of India judgment. The Supreme Court decided the validity by the 3:2 majority and held that reservation can be granted solely on the basis of economic criteria. It was held that the intention of the legislature and its reasonable justification in providing quotas, which if proven to be aligned, cannot be struck down by the Constitutional Courts. Further, the Court went on to hold that the exclusion of disadvantaged groups who are deriving benefits from reservations was in consonance with the right to equality and is not discriminatory in nature. On the point of the 50% ceiling limit, as prescribed by Indra Sawhney’s judgment, it was observed by the Supreme Court that the cap so fixed was flexible and only applied to the existing reservations for the members of SCs, STs and SEBCs. It was the conclusion of the Supreme Court that through this amendment, there seems to be no feature that violates the Basic Structure of the Constitution.
A conspectus of the above discussion would show that the Supreme Court has time and time again held that the quotas are a valid and constitutional exercise of government’s power to focus on the advancement of social and educational backwardness classes. The primary object of the provisions of the Constitution (Articles 14, 15 and 16) is to achieve social inclusion, which casts a duty on the State to make special provisions for citizens of India and to provide equal opportunity in terms of employment and education. The validity of quotas has been upheld by the Supreme Court by keeping in mind the legitimate purpose of quotas and their object, which must not be arbitrary. The reasonings given by the Supreme Court in numerous matters was at par with the social inclusion principles. It will also be in the fitness of things to mention that Dr. Ambedkar always argued that while equality of opportunity was a great principle in theory, there must be a provision to facilitate the entry of those communities into public employment who have historically been denied the chance to do so and the importance of this standpoint can be seen in the judgments of the Supreme Court in determining the constitutional validity of quotas.

Muneeb Rashid Malik and Samarth Kapoor are Advocates).

CM Bommai to visit Delhi to meet senior Advocate Mukul Rohatgi

November 29, 2022, 11:53 am

Over a border dispute in contentious areas between Maharashtra and Karnataka Karnataka Chief Minister Basavraj Bommai will visit Delhi to meet senior advocate, Mukul Rohatgi on Tuesday.

Talking to the media CM Bommai said, “The case pertaining to the border dispute with Maharashtra is coming up for hearing in the Supreme Court on November 30. The government has appointed former justice of the apex court, Justice Shivaraj Patil as chairman of the Karnataka Border and Rivers Protection Commission, with whom also the meeting has been held. The State is all set for a legal battle with the neighboring Maharashtra State and the stand of Karnataka will be effectively presented before the court.”

On the border dispute, CM Bommai refused to comment and said, it is not correct to make any comment or discuss it in public since the matter is in court.

Earlier, on Sunday in the wake of the case coming up before the Supreme Court on November 30, a meeting was held with senior advocates and officials by CM Bommai.

“The petition filed by the state of Maharashtra in regard to the border issue did not have any legal provision since it was filed on the basis of the State Reorganisation Act and Article 3 (formation of new states and alteration of areas, boundaries or names of existing states) of the Constitution,” Karnataka CM said.

Meanwhile, the case will be presented by well-learned counsels led by Mukul Rohtagi and Uday Holla on behalf of Karnataka.

“The senior advocates, A G Prabhulinga Navadagi and Uday Holla have given certain directions. I will be going to Delhi on November 29 and will discuss these with our senior advocate, Mukul Rohtagi on these issues. In all, the State of Karnataka is ready for a legal battle to protect the border and land of ours,” CM Bommai said.

CM Bommai further said, “We are abiding by the law as well as the Constitution. There will be no change in the landscape of Karnataka. The state’s stand and demand will be presented at the time of presenting the case. In this connection, an all-party meeting and legal experts meeting has been convened next week to discuss the line of argument.”

Moreover, talking about the border row CM Bommai said in Maharashtra border row has become a political tool and for political purposes, it will be raised.

“My government is capable of protecting the borders of Karnataka and has taken steps also,” Bommai said.

However, some villages in Maharashtra’s Sangli district are facing water crises and passed a resolution seeking their merger with Karnataka, CM Bommai claimed.

Furthermore, the Maharashtra Deputy Chief Minister denied all the claims of the merger.

Copies of Constitution to be distributed among Gram Panchayats: CM Bommai

November 26, 2022, 6:43 pm

Karnataka Chief Minister Basavaraj Bommai on Saturday said that the State government has decided to send copies of the Constitution, 73rd and 74th amendments and Karnataka Panchayat Raj Act to Gram Panchayats in large numbers to the libraries in order to run the administration as per the constitution.

CM Bommai made the announcement after garlanding the statue of Dr BR Ambedkar on the occasion of Constitution Day and said that the spirit of the Constitution must be felt at the village level also. “Prime Minister Narendra Modi has said the Constitution is his ‘ religious book’, and it is being followed by everyone,” he said while adding that the oath-taking ceremony was held in order to implement the Constitution in its full form.
“Decentralisation of power has taken place but still it has to be done,” he said.

Bommai said that ‘Constitution Day’ is celebrated all over the country. After the Constitution was framed, India became a union of States and started functioning as a republic.

Dr BR Ambedkar, who is the architect of the Constitution, on this day is remembered with respect because it was under his chairmanship that the Constitution Framing Committee was formed, and he has given a permanent gift to democracy. CM further said that the Constitution has liveliness as Dr Ambedkar has allowed to amend it from time to time in accordance with the changing social and economic situations and further strengthen the Constitution with new research.

For this reason, the Constitution is amended from time to time. This document is complete as it has ensured the protection of human rights, and individual rights, and propagates unity and equality, and everyone must respect and function accordingly, he added.

BR Ambedkar urged us to march on the road to unity, says Rahul Gandhi on Constitution Day

November 26, 2022, 4:57 pm

On the occasion of Constitution Day, Congress leader Rahul Gandhi emphasised the significance of the Constitution and the Father of the Indian Constitution, Bhimrao Ramji Ambedkar, who pushed us to march toward unity. He tweeted a video of Jawaharlal Nehru, Mahatama Gandhi, and others signing the Indian Constitution on November 26, 1949. The fundamental rights accorded to each and every person in the nation were also displayed in the video.

“Babasaheb urged us to march on the road to unity. I will walk that road long enough, until every word of our Constitution is upheld, and every citizen stands protected by fairness and justice,” he said in his tweet.

Prime Minister Narendra Modi announced several initiatives for the e-court project earlier in the day while speaking at the Supreme Court’s Constitution Day program. He noted that the day is observed to remember the Constitution’s adoption by the Constituent Assembly in 1949.

On this special occasion, PM Modi thanked the many people who have contributed to the development and expansion of the Indian Constitution over the past 70 decades, including members of the Legislature, the Judiciary, and the Executive.

The Prime Minister emphasised that, given the current state of the world, the world is hopeful in light of India’s expanding economy and positive worldwide reputation. India is moving forward with full force and taking pride in its variety, he claimed, despite all initial concerns about its stability. He attributed this achievement to the Constitution. The Prime Minister continued by referring to the first three words of the Preamble, “We the People,” and asserting that they serve as a call, a trust, and an oath. According to him, “India has been the world’s mother of democracy, and this spirit of the Constitution is the spirit of India.” The Constitution “has embraced all the cultural and moral emotions of the nation in the modern era.”

SC order for remuneration to Imams, CIC calls it ‘violation of Constitution’

November 26, 2022, 1:18 pm

The 1993 Supreme Court order allowing remuneration to imams in mosques was in “violation of the Constitution” and besides setting a “wrong precedent”, has become a point of unnecessary political slugfest and social disharmony, the Central Information Commission has said.

Information Commissioner Uday Mahurkar noted that the order violated constitutional provisions that state “taxpayers’ money will not be used to favour any particular religion” when he heard an RTI request from an activist seeking information about the salaries paid to imams by the Delhi government and the Delhi Waqf Board.

In 1993, the Supreme Court ordered the waqf board to pay imams in mosques it administered after the All India Imam Organization filed a petition.

In order to maintain equality among all religions in terms of monthly remuneration to priests of various religions at the expense of the public exchequer — both central and states — and other matters, he has directed that a copy of his order be sent to the Union law minister with appropriate action.

“Further with regard to the judgment by the Supreme Court in the case between the ‘All India Imam Organisation and … vs Union Of India And Ors’ on 13 May, 1993, that opened the doors to special financial benefits from public treasury to only imams and muezzins in mosques, the commission observes that the highest court of the country in passing this order acted in violation of the provisions of the Constitution, particularly Article 27, which says tax payers money will not be used to favour any particular religion,” Mahurkar said.

The commission notes that the said judgment sets a wrong precedent in the country and has become a point of unnecessary political slugfest and also social disharmony in the society,” the information commissioner said.

Subhash Agrawal, an RTI activist, will get a payment of $25,000 from the Delhi Waqf Board as compensation for the time and resources he used to pursue a response to his application. The activist was having trouble receiving an appropriate response to his application.

“It is necessary to go into the history when it comes to giving special religious benefits to the Muslim community by the State. A religious (Islamic) nation Pakistan was born out of the demand of a section of Indian Muslims for partition of India along religious lines. Despite Pakistan choosing to be a religious (Islamic) nation, India chose a Constitution guaranteeing equal rights to all religions,” Mahurkar said.

So giving remuneration to imams and others only in mosques, amounts to “not just betraying the Hindu community and members of other non-Muslim minority religions, but also encouraging pan-Islamist tendencies amongst a section of Indian Muslims which are already visible”, the information commissioner said.

Steps such as giving special religious benefits to the Muslim community only like the one taken up in the present matter, in fact, severely affects interfaith harmony as they invite contempt for the Muslims as a whole from a section of ultra nationalist population, Mahurkar said.

He said the Delhi Waqf Board (DWB) gets an annual grant of around ₹62 crore from the Delhi government while its own monthly income from independent sources is just around ₹30 lakh.

“So the monthly honorarium of ₹18,000 and ₹16,000 being given to the imams and muezzins of DWB mosques in Delhi is being paid by the Delhi government virtually from the tax payers money which in turn is in sharp contrast with the example quoted by the appellant in which the priest of a Hindu temple is getting a paltry ₹2,000 per month from the trust controlling the said temple,” he said.

Mahurkar said those who justify such steps in the name of protection to religious minorities raise a question that if a particular religious minority has a right to protection, the majority community too has a right to protection in a multi-religious country where it is incumbent that the rights of the members of all religions are protected equally in the interest of inter-faith harmony and unity of the nation.

The commission’s rulings, which are the last arbiter of appeals and complaints under the RTI Act, are frequently contested in high courts through writ petitions.

By amending the RTI Act, the government reduced the benefits, compensation, and tenure of information commissioners from being comparable to those of central election commissioners or to those of bureaucrats employed at their pay bracket. The RTI Act’s five-year fixed term for information commissioners was also cut to three years.

PM Modi announces additional initiatives for e-court project

November 26, 2022, 12:32 pm

On the occasion of Constitution Day in the nation’s capital, Prime Minister Narendra Modi on Saturday unveiled a number of fresh initiatives inside the e-court project.

The Prime Minister introduced several initiatives, including the S3WaaS websites, the JustIS mobile app 2.0, the Digital Court, and the Virtual Justice Clock. According to a formal press release, the day has been observed as Constitution Day since 2015 to honour the Constituent Assembly of India’s adoption of the Indian Constitution in 1949.

By enabling courts with ICT, the project aims to offer services to litigants, attorneys, and the judiciary.

“Virtual Justice Clock is an initiative to exhibit vital statistics of the justice delivery system at the court level, giving the details of the cases instituted, cases disposed of, and pendency of cases on a day, week, or month basis at the court level. The effort is to make the functioning of the courts accountable and transparent by sharing with the public the status of case disposals by the court.
The public can access the Virtual Justice Clock of any court establishment on the District Court’s website,” read the statement.

The JustIS Mobile App 2.0 is a tool available to judicial officers for efficient case and court management by tracking the status of individual judges as well as their court’s overall disposition of cases. Judges of the High Court and Supreme Court can now monitor the status of every state and district that falls under their purview by using this app, which is also made available to them.

The digital court initiative aims to enable the switch to paperless courts by providing judges with access to court records in digitised form.

A framework called S3WaaS Website can be used to create, set up, deploy, and manage websites for publishing specific data and services pertaining to district judiciary.

S3WaaS is a cloud service developed for government entities to generate secure, scalable, and sugamya (accessible) websites. It is multilingual, citizen-friendly, and Divyang-friendly.

PM Modi participates in Constitution Day celebrations at Supreme Court

November 26, 2022, 11:33 am

Prime Minister Narendra Modi will take part in Constitution Day festivities at the Supreme Court on Saturday. According to a formal press release, the day has been observed as Constitution Day since 2015 to honour the Constituent Assembly of India’s adoption of the Indian Constitution in 1949.

The Prime Minister will introduce a number of proposals for the e-court project during the event. By enabling courts with ICT, the project aims to offer services to litigants, attorneys, and the judiciary. The Virtual Justice Clock, JustIS mobile app 2.0, Digital Court, and S3WaaS Websites are among the Prime Minister’s new projects.

“The Virtual Justice Clock is an initiative to exhibit vital statistics of the justice delivery system at the court level, giving the details of the cases instituted, cases disposed of, and pendency of cases on a day/week/month basis at the court level. The effort is to make the functioning of the courts accountable and transparent by sharing with the public the status of case disposals by the court. The public can access the Virtual Justice Clock of any court establishment on the District Court’s website,” read the statement.

The JustIS Mobile App 2.0 is a tool provided to judicial officials for efficient case and court management by tracking the status of individual judges as well as their court’s overall disposition of cases. Judges of the High Court and Supreme Court can now monitor the status of every state and district that falls under their purview by using this app, which is also made available to them.

The digital court effort aims to enable the switch to paperless courts by providing judges with access to court records in digitised form.

A framework called S3WaaS Website can be used to create, set up, deploy, and administer websites for publishing specific data and services pertaining to district judicial.

SC upholds 10% EWS quota in 3:2 split verdict

November 7, 2022, 12:39 pm

In a pivotal judgement, Supreme Court upheld the 10 % EWS quota stating that ‘It doesn’t violate basic structure of constitution.’

The apex court delivered its verdict on the validity of the central law for 10 percent reservation benefits for the economically weaker sections (EWS). A five judge bench upheld the validity of Constitution’s103rd Amendment Act 2019, by 3:2 verdict. CJI Lalit, Justices Dinesh Maheshwari, Bela M Trivedi and JB Pardiwala passed the judgment upholding the Act.

“The EWS quota law doesn’t violate basic structure or equality code for taking into account economic criterion,” Justice Dinesh Maheshwari said as the top court upheld the law. “It doesn’t also cause damage to any essential feature by exceeding 50 per cent ceiling for quota since the ceiling is itself flexible.”

Adding further, Justice Maheshwari said, “the EWS amendment does not violate the equality code or the essential features of the Constitution.”

“There are four judgments to be delivered on the issue relating to the constitutional validity of reservations of the Economically Weaker Section (EWS) in higher education and issues of public employment on the basis of financial conditions,” Chief Justice of India UU Lalit said on Monday.

The bench had been dealing with the concerns regarding the constitutional validity of reservations on the grounds of economic conditions. The court began hearing the matter on 13 September and hearing continued for seven days.

The constitutional validity of the 103rd Amendment Act, 2019 entitled state to make reservations in higher education and public employment on the grounds of economic parameters.

Sena vs Sena: Supreme Court sends Maharashtra petitions to 5-judge Constitution bench

August 23, 2022, 5:45 pm

The Supreme Court on Tuesday held a hearing regarding the Shiv Sena dispute. While hearing the matter, the Supreme Court has entrusted its responsibility to a five-judge Constitution Bench.

Meanwhile, a bench of Chief Justice NV Ramana, Justices Krishna Murari, and Hima Kohli referred the petitions to a five-judge bench. The next hearing on this matter will be held on Thursday.

The court has directed the Election Commission not to take any action till Thursday on the application filed by Maharashtra Chief Minister Eknath Shinde’s camp seeking recognition of it as a ‘real Shiv Sena’ party and allotting it the symbol.

Before the hearing in the court, former Maharashtra CM Uddhav Thackeray had said that what will happen in the court will be seen. I have full faith in the judiciary and public sentiment is with me.

At the same time, so far three hearings have been held in the Supreme Court on this matter. Lawyers for both sides have given their arguments. However, the hearing of this case is not over yet. The Chief Justice is also retiring this month, so it is believed that the decision in this matter can come earlier.

In the petition, disqualification has been sought against Eknath Shinde, Bharatshet Gogavale, Sandipanrao Bhumre, Abdul Sattar, Sanjay Shirsat, Yamini Jadhav, Anil Babar, Balaji Kinikar, Tanaji Sawant, Prakash Surve, Mahesh Shinde, Lata Sonawane, Chimanrao Patil, Ramesh Kalyankar, Sanjay Raimulkar, and Balaji. The petition is filed by Thackeray camp’s Sunil Prabhu.

Earlier in June with the support of the BJP, Eknath Shinde became the Chief Minister of the state and Devendra Fadnavis became the Deputy Chief Minister.