News for 'unconstitutional'

BJP And The Long-Standing Preamble Dream

BJP And The Long-Standing Preamble Dream

Rediff.com10 Jul 2025

BJP and RSS leaders are once again pushing to remove the words 'secular' and 'socialist' from the Constitution's Preamble, showing a deeper effort to change India's identity from a diverse, multi-religious republic to a Hindu-first nation, even though they don't have the numbers in Parliament to officially change the Constitution, observes N Sathiya Moorthy.

Centre, Chh'garh must ensure peace, rehab in Maoist-hit areas: SC

Centre, Chh'garh must ensure peace, rehab in Maoist-hit areas: SC

Rediff.com4 Jun 2025

Referring to the enactment of the Chhattisgarh Auxiliary Armed Police Force Act, 2011 which created a trained force to aid and assist the security forces in maintaining law and order in the state, the bench said in its view it cannot be said to be an act of contempt of the order of 2011 passed by this court.

SC seeks govt reply on plea against CAG appointment process

SC seeks govt reply on plea against CAG appointment process

Rediff.com17 Mar 2025

The Supreme Court of India has sought the government's response on a Public Interest Litigation (PIL) that challenges the appointment process of the Comptroller and Auditor General of India (CAG), arguing it's unconstitutional. The PIL, filed by the Centre for Public Interest Litigation, claims the current process, solely through executive appointment by the Prime Minister, undermines the CAG's independence and violates constitutional principles. The court, while acknowledging the importance of institutional trust, questioned the extent to which it should intervene in the appointment process and whether this would constitute rewriting constitutional provisions. The PIL suggests the CAG's appointment should be similar to other independent bodies, with a selection committee comprising the Prime Minister, Leader of the Opposition, and Chief Justice of India. The case has implications for the independence and transparency of India's audit system.

SC to hear pleas challenging Waqf Act on April 16

SC to hear pleas challenging Waqf Act on April 16

Rediff.com10 Apr 2025

A three-judge Supreme Court bench will hear petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, on April 16. The petitions, including those by politicians and the All India Muslim Personal Law Board (AIMPLB) and Jamiat Ulama-i-Hind, were filed in the top court challenging the validity of the newly-enacted law. The Centre has filed a caveat in the apex court, seeking a hearing before any order is passed.

Getting minor to confess to crime is unconstitutional, says Delhi HC

Getting minor to confess to crime is unconstitutional, says Delhi HC

Rediff.com23 Sep 2022

Seeking a confession about an alleged crime committed by a juvenile is "unconstitutional" as a "presumption is raised at the pre-trial stage itself that the child has committed the offence," the Delhi high court has said.

US: Pro-Palestinian protest leader taken away in handcuffs

US: Pro-Palestinian protest leader taken away in handcuffs

Rediff.com15 Apr 2025

Immigration officials on Monday detained Mohsen Mahdawi, an organiser of pro-Palestinian protests last year at Columbia University, after he arrived at the Vermont immigration office, hoping to begin the final step to becoming a US citizen, CNN reported.

Karnataka govt tables bill for Muslim quota in public contracts

Karnataka govt tables bill for Muslim quota in public contracts

Rediff.com18 Mar 2025

The Karnataka government has tabled a Bill in the Legislative Assembly to introduce a 4 per cent reservation for Muslims in public contracts. The Bill aims to address unemployment among backward classes and promote their participation in government construction projects. The BJP has called the move an "unconstitutional misadventure" and vowed to oppose it.

GST on imported oxygen concentrators unconstitutional: HC

GST on imported oxygen concentrators unconstitutional: HC

Rediff.com21 May 2021

The Delhi high court on Friday held as "unconstitutional", the imposition of Integrated Goods and Services Tax (IGST) by the Centre on import of oxygen concentrators by individuals for personal use. A bench of Justices Rajiv Shakdher and Talwant Singh quashed the May 1 notification issued by the ministry of finance which says that such oxygen concentrators imported for personal use, irrespective of whether they are a gift or otherwise, will be charged with an IGST of 12 per cent. The court said the individuals will have to give an undertaking to the authorities that the oxygen concentrator is being imported for personal use and not commercial use.

Oppn shreds VP Dhankhar's 'super parliament' remark on SC

Oppn shreds VP Dhankhar's 'super parliament' remark on SC

Rediff.com18 Apr 2025

Rajya Sabha member Kapil Sibal has criticised Vice President Jagdeep Dhankhar for questioning the judiciary over the timeline for the president to take decisions, calling it "unconstitutional " and a lowering of the dignity of the chair. Sibal asserted that Dhankhar's remarks are not neutral and amount to an attack on the judiciary by the executive. He also pointed out that the president acts on the aid and advice of the council of ministers, and therefore, the president's power cannot be curtailed. Sibal urged Dhankhar to seek a review of the judiciary's decision or an advisory opinion from the Supreme Court if he has problems with it. He also questioned why Dhankhar only focuses on actions taken during Congress governments and not after 2014.

SC directs Punjab, Haryana to cooperate on SYL canal dispute

SC directs Punjab, Haryana to cooperate on SYL canal dispute

Rediff.com6 May 2025

The Supreme Court of India has directed the governments of Punjab and Haryana to cooperate with the Centre in finding an amicable solution to the long-standing dispute over the Sutlej-Yamuna Link (SYL) canal. The court deemed the de-notification of land acquired for the canal in Punjab an "act of high-handedness" and emphasized the need to consider "wider ramifications" beyond legal considerations. The court has set August 13 for a further hearing if an amicable solution is not reached.

Unconstitutional govt in Maharashtra, Uddhav tells SC; bench to hear plea on Jan13

Unconstitutional govt in Maharashtra, Uddhav tells SC; bench to hear plea on Jan13

Rediff.com6 Dec 2022

The Uddhav Thackeray-led faction of the Shiv Sena on Tuesday told the Supreme Court that a "completely unconstitutional government is being run" in Maharashtra.

Kerala church daily bats in favour of Waqf amendment bill

Kerala church daily bats in favour of Waqf amendment bill

Rediff.com1 Apr 2025

A leading Catholic Church daily in Kerala has described the Waqf amendment bill as a crucial test of secularism in Parliament, urging MPs to support it. The editorial in Deepika daily comes as the union government prepares to table the bill for parliamentary consideration. The editorial calls the bill a test of secularism and warns MPs that failing to support it would mark them in history as endorsing religious fundamentalism. The paper added that the bill will also put an end to the injustices faced by thousands of Hindu, Christian, and Muslim citizens who have suffered due to the Waqf law. The editorial also recalled the recent statement addressed to Kerala MPs by Kerala Catholic Bishops' Council (KCBC) where the KCBC President Cardinal Mar Baselios Cleemis Catholicos urged amending provisions in the Waqf law that validate claims over land which people of Munambam have lawfully possessed. Opposition parties have slammed the bill as "unconstitutional" and against the interest of the Muslim community.

Waqf panel adopts draft report, Oppn to submit dissent

Waqf panel adopts draft report, Oppn to submit dissent

Rediff.com29 Jan 2025

Opposition MPs, some of whom have given their dissent, slammed the exercise as undemocratic, claiming that they were given little time to study the final report and frame their dissent notes.

Day after Trump's order, NCAA bans transgender women from sports

Day after Trump's order, NCAA bans transgender women from sports

Rediff.com7 Feb 2025

The NCAA previously allowed transgender women to compete as long as they met testosterone limits on a sport-by-sport basis.

Plea filed in SC against Agnipath calls it unconstitutional

Plea filed in SC against Agnipath calls it unconstitutional

Rediff.com20 Jun 2022

A plea was filed in the Supreme Court on Monday against the Centre's Agnipath scheme alleging that the government has quashed the century-old selection process for the Armed forces which is contrary to the constitutional provisions and without having parliamentary approval.

'Time ripe for replacing collegium with NJAC or a better system'

'Time ripe for replacing collegium with NJAC or a better system'

Rediff.com6 Apr 2025

Former Union Law Minister Ashwani Kumar has argued for replacing the existing collegium system for judicial appointments, asserting that public sentiment leans toward an alternative mechanism, potentially resembling the National Judicial Appointments Commission (NJAC). He believes that the government has the authority to propose a revised constitutional amendment for judicial appointments that would withstand judicial scrutiny. Kumar also urged the Supreme Court to establish a robust internal process to address concerns within the judiciary, including allegations against judges.

Cash row judge sworn-in 'clandestinely', claims Bar Association

Cash row judge sworn-in 'clandestinely', claims Bar Association

Rediff.com5 Apr 2025

The Allahabad High Court Bar Association (HCBA) has condemned the "clandestine" manner in which Justice Yashwant Varma, who was transferred from the Delhi High Court amid cash-at-home allegations, was administered the oath of office. The HCBA, which had opposed the judge's repatriation, questioned why the oath was not notified to the Bar and alleged that the move has further eroded public trust in the judicial system. The HCBA has urged the Chief Justice of the Allahabad High Court not to assign any administrative or judicial work to Justice Varma. The incident of cash recovery has reignited debate over the issue of judicial accountability, with calls for stringent action to restore faith in the judiciary.

Upholding constitutional ethos hallmark of CJI Sanjiv Khanna's tenure

Upholding constitutional ethos hallmark of CJI Sanjiv Khanna's tenure

Rediff.com13 May 2025

Some of his directives had the Supreme Court judges disclose their assets whereas the row over the discovery of cash from a sitting judge's official residence paved way for inquiry.

CAA against Tamil race and secularism, is unconstitutional, DMK tells SC

CAA against Tamil race and secularism, is unconstitutional, DMK tells SC

Rediff.com30 Nov 2022

The ruling Dravida Munnetra Kazhagam (DMK) has submitted before the Supreme Court that it is discriminatory to exclude Tamil refugees from the purview of the Citizenship (Amendment) Act, 2019 and prayed that the legislation be declared null and void as it is unconstitutional and "destroys the basic fabric of secularism."

States can move court if Prez withholds assent on bill: SC

States can move court if Prez withholds assent on bill: SC

Rediff.com12 Apr 2025

A bench comprising justices J B Pardiwala and R Mahadevan on April 8 gave a huge relief to the Dravida Munnetra Kazhagam-led Tamil Nadu government and cleared 10 state bills which were stalled and reserved by Governor R N Ravi for President's consideration, and also set a timeline for all governors to act on the bills passed by state assemblies.

No woman can be forced to conduct her virginity test: HC

No woman can be forced to conduct her virginity test: HC

Rediff.com31 Mar 2025

The high court noted that the contention of the petitioner demanding a virginity test of his wife is unconstitutional as it violates Article 21 of the Constitution which includes the right to dignity of women.

Will empower Muslim women: Govt tables Waqf Bill in Rajya Sabha

Will empower Muslim women: Govt tables Waqf Bill in Rajya Sabha

Rediff.com3 Apr 2025

The bill aims to include all the Muslims sects in the Waqf board, Rijiju said.

Petitioners seek urgent listing of Waqf pleas, SC to decide

Petitioners seek urgent listing of Waqf pleas, SC to decide

Rediff.com7 Apr 2025

The Supreme Court on Monday agreed to consider listing for urgent hearing the petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.

SC to hear plea against current practice to appoint CAG

SC to hear plea against current practice to appoint CAG

Rediff.com15 Mar 2025

The Supreme Court will hear a plea seeking an independent selection process for the Comptroller and Auditor General of India (CAG) on March 17. The PIL, filed by the Centre for Public Interest Litigation, argues that the current system of appointment solely by the executive and the prime minister violates the Constitution and undermines the CAG's independence. The petition calls for a transparent process involving the prime minister, Leader of the Opposition, and Chief Justice of India. The PIL contends that the CAG's role as a watchdog over government finances requires a fair and non-arbitrary appointment procedure.

Waqf Act comes into force as SC set to hear pleas

Waqf Act comes into force as SC set to hear pleas

Rediff.com8 Apr 2025

The Supreme Court of India will likely hear a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025 on April 15. The Act, which came into force on April 8, has been met with widespread criticism from various stakeholders, including politicians, the All India Muslim Personal Law Board (AIMPLB), and Jamiat Ulama-i-Hind. They argue that the law is discriminatory and violates the fundamental rights guaranteed under Articles 25 and 26 of the Constitution. The petitions allege that the amendments give the government more control over the administration of Waqf, effectively sidelining the Muslim minority from managing their own religious endowments.

BJP reports highest income of Rs 4,340.47 cr in 2023-24

BJP reports highest income of Rs 4,340.47 cr in 2023-24

Rediff.com17 Feb 2025

While the BJP received the highest amount, securing Rs 1,685.63 crore, the Congress received Rs 828.36 crore, and the Aam Aadmi Party (AAP) Rs 10.15 crore.

Waqf bill: Govt says no interference in Muslims; Oppn objects

Waqf bill: Govt says no interference in Muslims; Oppn objects

Rediff.com2 Apr 2025

Introducing the bill, Rijiju said the consultation process of the Joint Parliamentary Committee (JPC) was the largest ever exercise carried out by a parliamentary panel in India's democratic history.

SC asks EC for data on disqualification of convicted politicians

SC asks EC for data on disqualification of convicted politicians

Rediff.com4 Mar 2025

In a significant development, the Supreme Court on Tuesday asked the Election Commission of India to provide details of cases in which it had either removed or reduced the period of disqualification from electoral rolls of leaders post their conviction in criminal cases.

Trump lawyers call impeachment trial unconstitutional

Trump lawyers call impeachment trial unconstitutional

Rediff.com3 Feb 2021

The provisions do not apply to Trump, "since he is no longer 'President,'" his lawyers say.

Jamiat too files petition in SC against Waqf (Amendment) Act

Jamiat too files petition in SC against Waqf (Amendment) Act

Rediff.com7 Apr 2025

A fresh plea has been filed in the Supreme Court challenging the constitutional validity of the Waqf (Amendment) Act, 2025, claiming it was a "blatant intrusion" into the rights of a religious denomination to manage its own affairs in the matter of religion. The plea, filed by Samastha Kerala Jamiathul Ulema, argues that the amendments would distort the religious character of Waqfs and irreversibly damage the democratic process in their administration. Several other petitions have been filed in the apex court challenging the validity of the bill, including those by Congress MP Mohammad Jawed, AIMIM president Asaduddin Owaisi, and AAP MLA Amanatullah Khan.

'Unconstitutional': Madras HC quashes 10.5% Vanniyar quota

'Unconstitutional': Madras HC quashes 10.5% Vanniyar quota

Rediff.com1 Nov 2021

The Madurai bench of the Madras high court on Monday issued an order terming the 10.5 per cent internal reservation for the Vanniyars community in Tamil Nadu as 'unconstitutional.'

SC collegium recommends Justice Varma's transfer; lawyers to go on strike

SC collegium recommends Justice Varma's transfer; lawyers to go on strike

Rediff.com24 Mar 2025

The Supreme Court collegium has confirmed the transfer of Delhi High Court Justice Yashwant Varma to his parent Allahabad High Court. This decision comes after an inquiry was initiated against Justice Varma regarding the alleged discovery of a large amount of cash at his official residence. The transfer recommendation was made public in a resolution uploaded on the Supreme Court's website. The alleged cash discovery occurred following a fire at Varma's residence in Delhi on March 14, 2025. The apex court collegium, headed by Chief Justice Sanjiv Khanna, has also constituted a three-member inquiry committee to further investigate the matter.

Cops blocked screening of documentary on AAP leaders' arrest: Kejriwal

Cops blocked screening of documentary on AAP leaders' arrest: Kejriwal

Rediff.com18 Jan 2025

Aam Aadmi Party supremo Arvind Kejriwal on Saturday alleged the Delhi Police prevented the screening of a documentary exposing the 'secrets' and 'conspiracies' behind the arrest of his party leaders.

Revealed! Congress Brahmastra To Split Manipur BJP

Revealed! Congress Brahmastra To Split Manipur BJP

Rediff.com10 Feb 2025

'Knowing that a no-confidence motion would succeed, the BJP central leadership forced N Biren Singh to resign.' 'If he had lost on the floor of the House, it would have been a major setback for the BJP.'

No Domicile Reservation For PG Medicine: SC

No Domicile Reservation For PG Medicine: SC

Rediff.com30 Jan 2025

'Residence-based reservation in PG medical courses is violative of Article 14 of the Constitution.'

Remove secularism from Constitution: Bangladesh's top legal official

Remove secularism from Constitution: Bangladesh's top legal official

Rediff.com14 Nov 2024

Bangladesh's top legal official has proposed to remove the words 'secularism' and 'socialism' from the Constitution apart from a provision prescribing capital punishment for regime change through extra-constitutional means.

Musharraf's Emergency call unconstitutional: SC

Musharraf's Emergency call unconstitutional: SC

Rediff.com31 Jul 2009

In a verdict having far-reaching implications, Pakistan's Supreme Court on Friday declared as 'unconstitutional and illegal' the emergency imposed by former President Pervez Musharraf in 2007.

State has to ensure quality education in govt-run madrasas: SC

State has to ensure quality education in govt-run madrasas: SC

Rediff.com21 Oct 2024

Commencing final arguments on a batch of pleas against the verdict, the bench, heard senior lawyers including Abhishek Manu Singhvi, Salman Khursheed and Menaka Guruswamy for the petitioners.

High Drama In J&K Assembly

High Drama In J&K Assembly

Rediff.com7 Nov 2024

We have seen such scenes from legislatures in South Korea and Europe for instance, but who would have wagered that we would witness such tumult in India, in the Jammu and Kashmir assembly, no less, which only convened for legislative business days ago.

SC notice to Centre on plea to declare Emergency as 'unconstitutional'

SC notice to Centre on plea to declare Emergency as 'unconstitutional'

Rediff.com14 Dec 2020

Senior advocate Harish Salve, appearing for petitioner Veera Sarin, said that Emergency was a "fraud" and the "greatest assault" on the Constitution as rights were suspended for months.