Is there no mechanism to abrogate Article 370 even when the people of Jammu and Kashmir want it, the Supreme Court asked on Thursday and wondered if the now repealed provision can't be touched, will it not amount to creating a "new category" beyond the basic structure of the Constitution.
There is no mechanism for the people to intervene in the affairs of Parliament, to direct it to enact laws on particular subjects, to prevent it from passing certain other kind of laws. The People are supreme, not Parliament. But unfortunately, in India, the People do not have any control, whatsoever, on the functioning of Parliament, says Arvind Kejriwal. Exclusive to Rediff.com
oved the Supreme Court against a high court decision dismissing its PIL against Union Law Minister Kiren Rijiju and Vice President Jagdeep Dhankhar for their remarks on judiciary and the collegium system for appointment of judges.
Home Minister Amit Shah on Wednesday appealed to the opposition for the unanimous passage of the women's reservation bill and said shortcomings, if any, can be rectified at a later date.
Disagreeing with the Centre's submission that the petitions seeking legal validation of same-sex marriage reflected an 'urban elitist' view, Chief Justice of India D Y Chandrachud said on Tuesday queerness is not urban or elite, or restricted to upper classes and privileged communities.
A five-judge Constitution bench of the Supreme Court, by a 3:2 majority, on Tuesday upheld one of the adoption regulations prohibiting unmarried and queer couples from adopting children.
Union minister Prakash Javadekar said the government has taken care of the interests of everyone and 'the interest of India'.
In an emphatic victory for the Modi government, the Supreme Court on Monday unanimously upheld its decision to abrogate Article 370 of the Constitution that bestowed special status upon the erstwhile state of Jammu and Kashmir, ordered restoration of statehood "at the earliest" and set a September 30, 2024, deadline for holding the assembly elections.
The appointments to the Supreme Court and the high courts cannot be speeded up unless both the Judiciary and the Executive agree to a new mechanism which affords both near-parity in decision-making, argues Virendra Kapoor.
The Supreme Court on Friday sought responses from former Gujarat minister Purnesh Modi and the state government on Congress leader Rahul Gandhi's appeal challenging the high court verdict that declined to put on hold his conviction in a defamation case over his "Modi surname" remark.
She also said there was no independent application of mind by the Reserve Bank of India and only its opinion was sought, which cannot be said to be a recommendation.
'These new laws give complete (impunity) to the police.' 'Whatever little accountability the police had, all that is gone now.' 'There is no accountability mechanism against the police for abusing or misusing in the new laws.'
'For the last two elections, the Congress manifesto has been thrown into the dustbin.' 'This manifesto will also be thrown into the dustbin.'
With Sebi telling the Supreme Court that it was not investigating the Adani group since 2016, the Congress on Monday cited a Union minister's reply in the Lok Sabha to challenge the claim and asked whether Parliament was misled or the market regulator was "fast asleep" as investors were "duped".
The productivity of the Budget session was abysmal. The Lok Sabha functioned for 33% of its scheduled time (46 hours); the Rajya Sabha 24% (32 hours).
Delhi Chief Minister Arvind Kejriwal on Thursday urged the non-Bharatiya Janata Party entities to unite and defeat in the Rajya Sabha the bill related to the Centre's ordinance on control of services in the national capital.
The Centre on Wednesday requested the Supreme Court to consider leaving questions raised in the pleas seeking legal sanction for same sex marriages to Parliament.
The Delhi services bill which seeks to replace an ordinance that mandated the creation of an authority for transfers and postings of senior officers in the Delhi government is listed for introduction in the Lok Sabha on Tuesday.
The Supreme Court on Tuesday set aside the Kerala high court order suspending the conviction and sentence of Lakshadweep Lok Sabha MP Mohammed Faizal in an attempt to murder case and remanded the matter back to the high court for fresh adjudication in six weeks.
While declining to suspend the Lakshadweep MP's conviction, the high court suspended the 10-year sentence given to Faizal and three others in the case.
Congress leader in Lok Sabha Adhir Ranjan Chowdhury and some other MPs suspended from Parliament will not be able to attend the meetings of parliamentary committees of which they are a member or chairperson till their suspension is revoked.
The bench posed questions to senior advocate Gopal Sankaranarayanan, appearing for one of the petitioners Soayib Qureshi, who has challenged the Centre's August 5, 2019 decision to abrogate the provision.
An institution of national importance must reflect the "national structure", the Centre told the Supreme Court on Tuesday while pointing out that around 70 to 80 per cent students studying at Aligarh Muslim University (AMU) are Muslims even without reservation.
Pakistan's Supreme Court on Tuesday dismissed a petition seeking abolition of the death penalty saying that the "right to life and liberty is not absolute" in the constitution.
Writing a 247-page separate judgement, Chief Justice of India DY Chandrachud struck down Regulation 5(3) of the CARA, saying it is violative of the rights of the queer community and that the CARA has exceeded its authority in barring unmarried couples from adopting children.
'The relationship between Kashmiri Pandits and Article 370 is vexed.' 'Sentiment in Jammu towards Article 370 was largely unfavourable and Jammu resented being lumped with Kashmir and placed on a different footing from the rest of India.'
Here's the full text of President Ram Nath Kovind's customary address to the joining sitting of Parliament on the first day of the budget session.
BJP MLA Purnesh Modi, complainant in the defamation case against Rahul Gandhi, has filed a caveat in the Supreme Court seeking that he be heard if the Congress leader moves a plea challenging the high court verdict refusing to stay his conviction in the Modi surname remark case.
Tharoor argued that the proposed bill represents a "grave chapter in the history of the Indian republic, seeking to ratify an ordinance that in many ways is an assault on our democratic heritage and the spirit of federalism."
A five-judge constitution bench headed by Chief Justice DY Chandrachud had on May 11 reserved its verdict on the pleas after a marathon hearing of 10 days.
The SC also asked to amend its plea and add the Lieutenant Governor as party in case.
'As per the provisions under the Constitution of India, Hon'ble President of India has appointed the following Chief Justices of High Courts as Judges of the Supreme Court. My best to them: Rajesh Bindal, Chief Justice, Allahabad HC and Aravind Kumar, Chief Justice, Gujarat HC,' Law Minister Kiren Rijiju tweeted.
Replying to questions in the Upper House of Parliament, the law minister said the Centre has limited powers over appointments of judges.
The Congress on Wednesday asserted that the only way to comprehensively investigate the Adani issue is through a Joint Parliamentary Committee (JPC) and claimed that the Supreme Court-appointed expert committee would be a 'clean chit' panel for the government.
His statement comes two days after Pakistan's Science and Technology Minister Fawad Chaudhry admitted his country's role in the Pulwama attack during a debate in their National Assembly (Parliament).
The Supreme Court said on Thursday the surrender of Jammu and Kashmir's sovereignty to India was "absolutely complete" with the accession of the former princely state in October 1947, and it was "really difficult" to say that Article 370 of the Constitution, which accorded special status to the erstwhile state, was permanent in nature.
Nationalist Congress Party president Sharad Pawar on Monday said there was no confusion within the opposition Maha Vikas Aghadi (MVA) alliance over his meeting with nephew and Maharashtra Deputy Chief Minister Ajit Pawar in Pune.
Union minister Smriti Irani reacted furiously to the Congress leader's barb at the prime minister over the Rafale purchase and the tense situation in Manipur.
The Centre on Thursday informed the Supreme Court that it has transferred to the Central Bureau of Investigation (CBI) the probe into a case related to two women being paraded naked in strife-torn Manipur, saying the approach of the government was of zero tolerance towards any crimes against women.
Inviting EU lawmakers to J-K is the 'ultimate disrespect' to Indian Parliament's sovereignty, Sharma added.
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