CONSTITUTIONAL FUNCTIONARY POWERS
If one wing of democracy fails, should court sit idle, SC asks Centre
The Supreme Court is examining its role when other branches of government don't perform their duties. This involves presidential references on timelines for assenting to bills. The court questions if it should remain inactive when constitutional duties are not met. Solicitor General Tushar Mehta argued against judicial intervention in legislative functions.
SC asks if it can remain idle when governors fail in their duty, reserves verdict on presidential reference
The Supreme Court, acting as the Constitution's custodian, questioned its inaction if a Governor fails in their duties, while reserving judgment on presidential reference regarding bill assent. A Constitution bench, led by CJI Gavai, heard arguments on whether courts can set timelines for Governors and the President to approve bills.
Will only interpret provisions of Constitution in President reference, not individual cases: SC
The Supreme Court focuses on constitutional interpretation regarding governors and presidential power. This involves state bills. The court addresses a presidential reference. It concerns timelines for governors and the President. These timelines relate to handling bills passed by state assemblies. The Solicitor General and senior advocates presented arguments. The court clarified its scope. It will not delve into specific instances.
Will strive for representation from all parties in par committee on 3 home ministry Bills: Om Birla
Om Birla aims for diverse representation in the parliamentary committee. This committee will examine three controversial bills. These bills propose removing top officials arrested for 30 days. Several opposition parties may not join the committee. Birla plans to discuss the matter with all parties. He has requested parties to submit their representatives' names. The committee formation is expected soon.
Can states move Supreme Court under Article 32? Court to decide on presidential reference
President Murmu seeks the Supreme Court's opinion on whether a state government can invoke Article 32 against the Centre. The core issue revolves around governors' and the President's assent to bills under Articles 200 and 201. The Tamil Nadu government argued against governors withholding assent even to money bills, potentially making them "super chief ministers."
SC: Wouldn't Guv's unlimited power render an elected govt defunct?
The Supreme Court questioned the extent of a governor's power to withhold bills passed by a state legislature, raising concerns about the impact on a democratically elected government. Chief Justice of India BR Gavai's bench asked if indefinite delays would be beyond judicial review.
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If constitutional functionaries don't discharge duties, can courts' hands be tied, SC asks
The Supreme Court questioned the Centre regarding potential limitations on constitutional courts if constitutional functionaries fail to act or Governors delay decisions on state assembly bills. The court is examining whether it can set timelines for Governors and the President to act on bills.
Presidential reference hearing: CJI B R Gavai says judicial activism shouldn't become judicial terrorism
Chief Justice of India B.R. Gavai stated that judicial activism should not become "judicial terrorism" during a Supreme Court hearing on whether courts can impose timelines on governors and the president for acting on state bills. The Centre argued that setting such deadlines could disrupt the constitutional balance.
Indian Youth Congress lodges complaint against RSS leader Hosabale's Preamble remarks
The Indian Youth Congress Legal Cell in Karnataka has filed a complaint against RSS General Secretary Dattatreya Hosabale for advocating a reconsideration of the terms "socialist" and "secular" in the Constitution's Preamble. Hosabale's remarks, made during an Emergency commemoration, have sparked criticism, with CPI(M) MP Sandosh Kumar urging the RSS to uphold these foundational values.
Constitution above all three democracy wings, says CJI Gavai
Chief Justice of India B.R. Gavai affirmed the supremacy of the Indian Constitution. He stated that the executive, legislature, and judiciary are all subordinate to it. This statement follows remarks by Vice President Jagdeep Dhankhar regarding the roles of the judiciary and Parliament. Gavai emphasized the judiciary's duty to uphold citizens' rights and constitutional values.
BJP likely to get new president in February
The BJP will likely choose its new leader by February's end. State unit elections are wrapping up by mid-January. This paves the way for the national president election. The new president could be a minister or an organizational leader. Current president J P Nadda's term was extended due to the 2024 elections.
Delhi vs Centre: AAP govt resorting to theatrics, Solicitor General to SC
Mehta highlighted that "Protests and theatrics cannot substitute court proceedings", adding that such protests happening in Delhi are seen by the world and it becomes a matter of embarrassment.
SC raps govt for remarks by senior persons against collegium system
A bench of justices Sanjay Kishan Kaul, A S Oka and Vikram Nath also expressed its strong displeasure over comments made by senior government functionaries against the collegium system.
Can restrictions be imposed on public functionaries? SC reserves order
The attorney general submitted before the bench that any additions or modifications of restrictions to a fundamental right have to come from Parliament as a matter of Constitutional principle. Mehta said the issue is more of an academic question of whether a writ can be filed citing Article 21 for action against a particular statement.
Pegasus scandal part of larger architecture to consolidate authoritarian Hindu regime: CPI(M)
The Communist Party of India (Marxist) also said the purpose and pattern in the use of the spyware is evident and that it is designed to "protect those in power and to destabilise the opposition and monitor the investigative voices in the media".
SC refuses to entertain plea for probe into alleged attack on Mamata Banerjee in Nandigram
On March 10, Banerjee had alleged that she was attacked by "four-five men" in Nandigram, injuring her left leg, hours after she filed nomination from the seat where the BJP has pitted her protege-turned-adversary Suvendu Adhikari in the Assembly election.
Speaker does not have power to indicate period of disqualification: SC
A bench of Justices N V Ramana, Sanjiv Khanna and Krishna Murari was referring to the then Karnataka Assembly Speaker R Ramesh Kumar's decision to disqualify 17 legislators till the end of the current 15th Legislative Assembly's term in 2023.
Vice-President not 'mere post office', followed constitution: M Venkaiah Naidu
Under attack over his decision to reject an impeachment motion against CJI Dipak Misra, RS Chairman Naidu said his decision came after over a month of due diligence.
Government may cut pay of information commissioners; activists slam bid
The government is considering downgrading the status of the chief information commissioner and information commissioners in terms of salaries and allowances from being equivalent to a Supreme Court judge to a secretary in the government of India.
Law min unlikely to extend constitutional protection to ECs
The law ministry is learnt to have informed the EC that a political consensus is needed before the Constitution can be amended to protect election commissioners in the event of their removal.
States should foster the spirit of constitutionalism: Supreme Court judge
Justice Singh said that delay in execution of final judgement or decree, and that too of the apex court, should never be "countenanced by any authority
GST deadline: Early winter session holds key for states' nod
The winter session for most state legislatures begin between late Nov and early December and it is important for the bill to be passed from Parl.
Supreme Court limits photos in central ads to President, Prime Minister and Chief Justice
The court issued the orders on two PILs that drew its attention to the alleged misuse of public funds to project individual functionaries of the government or a political party.
Courts can't direct action on CAG, Lokayukta reports: HC
Reports of CAG and Lokayukta or Commission of Inquiry are meant for "consumption" of the Legislature and can neither be used by citizens to demand action against a public functionary.
Tamil Nadu's decision to free Rajiv assassins perverse, populist: Congress
Jayalalithaa's decision for early release of Rajiv Gandhi's killers invited a sharp reaction from Cong, which termed it as "irresponsible, and perverse".
Uttarakhand government stalling Lokayukta Act: B C Khanduri
The bill passed unanimously by Uttarakhand Assembly in November 2011 was first scrutinised by the Union Home Ministry and then was approved by the president.
Use RTI, social media as campaign tools: Narendra Modi
Modi said social media could be effective in taking BJP's key messages to a wide spectrum of electorate, especially youngsters who make up a major chunk of voters.
'Oppressive Symbols of Our Democracy': Supreme Court slams misuse of beacons, sirens by VIPs
The court asked states and UTs to furnish within 4 weeks details of expenses incurred in providing security to public functionaries and other individuals.
Pakistan Supreme Court strikes down new contempt law; Raja Pervez Ashraf's fate in limbo
Pak's SC struck down the govt's new contempt law, aimed to prevent the premier being pressured to revive graft cases against President Asif Ali Zardari.
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