Page 2 - Constitution

Lahore HC judge resigns protesting Constitutional amendment in Pakistan

Judicial crisis in Pakistan deepened on Saturday with a senior judge of Lahore High Court following suit of two Supreme Court judges who resigned protesting the assault on the constitution and judiciary through a new constitutional amendment. Under the amended legislation, a Federal Constitutional Court (FCC) was set up to deal with matters related to the Constitution, while the existing Supreme Court would deal only with traditional civil and criminal cases. The 27th Constitutional Amendment will also allow Army Chief Gen Asim Munir to stay in office till 2030 as Chief of Defense Forces (CDF). Lahore High Court (LHC) Justice Shams Mehmood Mirza tendered his resignation becoming the first judge to resign from any high court after the contentious amendment was enacted into law. Justice Mirza was due to superannuate on March 6, 2028.

Bihar polls: Vote for jobs, education and democracy, says Priyanka Gandhi

Congress leader Priyanka Gandhi Vadra on Tuesday urged the people of Bihar to vote for jobs, education, health, and industry, as well as for the protection of democracy and the Constitution. Her remarks came as voting was underway for 122 constituencies in Bihar in the second and final phase of the high-stakes assembly polls amid tight security arrangements. The polling began at 7 am and will continue till 5 pm. "Today is the second and final phase of voting in Bihar. I appeal to all my brothers and sisters in the state to participate enthusiastically in this grand festival of democracy," she said in a post in Hindi on X. "Vote for jobs, education, health, and industry, for the protection of democracy and the Constitution, for Bihar's bright future, and form a government that works dedicatedly for you," the Congress general secretary said. For the ruling NDA and the opposition INDIA bloc, the final round of polling is being seen as a crucial test to retain the support of various ..

Pakistan amends Constitution to give Asim Munir new powers: Details

The 27th Amendment Bill creates the post of Chief of Defence Forces, merges it with the army chief's office, and abolishes the Chairman Joint Chiefs of Staff Committee

Pakistan brings in amendment to create new post of Chief of Defence Forces

Pakistan on Saturday brought in a Constitutional amendment to create a new post of chief of defence forces to ensure greater coordination and unified command among the three services. The 27th Constitutional Amendment bill presented in parliament proposes changes to Article 243 of the Constitution, which deals with the armed forces among other issues. Under the amendment bill, the President will appoint the Army Chief and the Chief of Defence Force on the advice of the Prime Minister. The Chief of Army Staff, who will also be the Chief of Defence Forces, will appoint the head of the National Strategic Command in consultation with the Prime Minister. The head of the National Strategic Command will be from the Pakistan Army, it adds. The government will be able to promote individuals from the armed forces to the ranks of Field Marshal, Marshal of the Air Force and Admiral of the Fleet. The rank and privileges of Field Marshal will be for life, meaning that Field Marshals will remain

Harish Salve calls for reform in judicial appointments, warns of overreach

Senior advocate Harish Salve on Saturday said that some of India's finest judges were appointed during a period when the executive held full control over judicial appointments. It may be time to revisit the current system and correct that "folly," he said. Delivering the 'Kartavyam' Constitutional Lecture organised by the Campus Law Centre of Delhi University as part of a celebration marking 75 years of the Indian Constitution, Salve reflected on the evolution of the judge appointment process and the rise of the Collegium system. "In 1991, we fought against complete executive domination, when, in the era of initial coalition politics, some very strange things happened in the kind of judges who were appointed. Before that, some of the finest Indian judges came from a system in which the executive had, in theory, complete freedom to appoint judges," the former solicitor general said. Several "fiercely independent judges" were appointed by the government of the day, he said. "But the

Courts are custodians of democracy, not just law interpreters: CJI Gavai

Observing that public trust is the judiciary's "most valuable asset", Chief Justice of India B R Gavai on Thursday said that courts have an active and indispensable role to play in the system of constitutional governance and in fulfilling the mandate of the Constitution. The CJI noted that perhaps the most enduring role of courts in constitutional governance is to sustain public faith in the rule of law, adding that decisions delivered by courts, even if unpopular, must reflect fairness and moral courage. Justice Gavai, who is presently on a four-day official visit to Bhutan, delivered the keynote address at an event organised by the Jigme Singye Wangchuck (JSW) School of Law at the Royal Institute of Management, Thimphu. Speaking on the theme of "courts and constitutional governance", he touched upon many aspects, including the active role of courts. "I will not burden you with more case examples, but I wish to emphasise a larger point: that the courts of any nation have an active

Constitution has ensured India remains strong, united, says CJI Gavai

The Constitution has ensured the country remains strong and united while neighbouring nations are facing civil unrest and turmoil, Chief Justice of India Bhushan Gavai said on Sunday. Speaking after inaugurating a court building in Mandangad taluka in Maharashtra's Ratnagiri district, the CJI expressed happiness that it has come up in an area that also contains Ambavde, the native village of the Constitution's chief architect and legendary social reformer Babasaheb Ambedkar. "The country has remained united and on the path of development in war and peace. We have seen internal Emergency as well but we have remained strong and united. It is because of Dr Babasaheb Ambedkar's Constitution, which sets us apart from neighbouring countries that are witnessing turmoil," Justice Gavai said. Civil unrest in Sri Lanka, Bangladesh and most recently in Nepal have seen change in governments as well as large-scale distress to citizens due to rioting and arson. "In the last 22 years as a judge,

Thailand PM vows to resolve Cambodia conflict, push constitutional reforms

Thailand's new prime minister told lawmakers on Monday that his government would address the country's economic woes, find solutions to the ongoing border conflict with Cambodia through diplomacy and push for a new and more democratic constitution. Anutin Charnvirakul faces a self-imposed deadline. He had promised to call elections in four months in exchange for the People's Party which holds the most seats in Parliament supporting his bid to become prime minister. He was elected to Parliament earlier this month. The party has a progressive platform and has long sought to change the existing constitution imposed under military rule, saying it wants to make it more democratic. Anutin had promised to call a referendum for an elected constituent assembly to draft a new charter. He said in his inaugural speech in Parliament on Monday that his government will support the referendum and public participation to uphold the country's constitutional monarchy. Anutin also promised to tackle

SC to interpret Constitution in Presidential reference, not specific cases

The Supreme Court on Tuesday said it will only interpret the Constitution while dealing with the Presidential reference on whether the court could impose timelines for governors and President to deal with bills passed by state assemblies. The remark by a five-judge bench headed by Chief Justice BR Gavai came when Solicitor General Tushar Mehta said if senior advocate Abhishek Singhvi, appearing for parties opposing the reference, is going to rely on examples of constitutional provisions which concerned Andhra Pradesh, among others, then he needs to file a reply, as he has not argued on those aspects. Mehta told a bench also comprising Justices Surya Kant, Vikram Nath, PS Narasimha and AS Chandurkar, "If they (Tamil Nadu and Kerala governments) are going to rely on examples of Andhra Pradesh etc ... we would like to file a reply on this. Since, we need to show how the Constitution was taken on a joyride since its inception... let us see if we want to travel down that dirty path." CJI

Death sentence can be challenged under Article 32 for procedural lapses: SC

Article 32 of the Constitution empowers the court to reopen sentencing in cases of capital punishment on grounds of breach of procedural safeguards, the Supreme Court said on Monday while agreeing to hear again a death row convict's plea. Vasant Sampat Dupare, who belongs to Nagpur, was convicted of raping and killing a four-year-old in April 2008. He lured her with chocolates and crushed her head with stones to avoid identification of the body. A bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta allowed the convict's plea filed under Article 32 noting that there had been a breach of procedural safeguards. It also cited the 2022 Manoj Vs Madhya Pradesh judgement in which the top court issued several guidelines and mandated the trial courts to collect the accused's psychiatric and psychological evaluation report before awarding death. "We hold that Article 32 of the Constitution empowers this court in cases related to capital punishment to reopen the sentencing stage whe

Disqualification of MPs, MLAs: What Constitution, Supreme Court rulings say

As Home Minister Amit Shah tabled the 130th Constitution Amendment Bill, questions resurface on how MPs and MLAs can be disqualified

Rajiv Pratap Rudy wins BJP clash: What is Constitution Club, why it matters

Rajiv Pratap Rudy beat BJP rival Sanjeev Balyan in the Constitution Club polls; here is what the club is, why it matters and how this polls turned into a BJP vs BJP fight

No plan to remove 'socialist', 'secular' from Constitution: Govt informs RS

Union Law Minister Arjun Ram Meghwal stated in a written reply on Thursday that "the government's official stand is that there is no current plan or intention to reconsider or remove the words

SC bench to hear Presidential reference on timelines for bills on July 22

A five-judge Constitution bench of the Supreme Court is scheduled to consider on July 22 the Presidential reference on whether timelines could be imposed by judicial orders for the exercise of discretion by the President while dealing with bills passed by state assemblies. According to the cause list posted on the apex court website, a bench comprising Chief Justice of India BR Gavai and Justices Surya Kant, Vikram Nath, PS Narasimha and Atul S Chandurkar will be hearing the matter. In May, President Droupadi Murmu exercised her powers under Article 143(1) and posed 14 crucial questions to the Supreme Court over its April 8 verdict that fixed timelines for governors and the President to act on bills passed by state assemblies. Article 143 (1) of the Constitution deals with the power of President to consult the Supreme Court "if at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public ...

Preamble of Constitution like parenthood, cannot be changed: V-P Dhankhar

Vice President Jagdeep Dhankhar on Monday said the Preamble of the Indian Constitution is like parenthood to children, and it cannot be changed, no matter how hard one may try. "There have been a lot of issues about the preamble to the Constitution. The Preamble of the Indian Constitution is something like parenthood to children. Howsoever you may try, you can't change your parenthood. That is not possible," he said. While interacting with students and faculty at the National University of Advanced Legal Studies (NUALS), Kochi, he also said that, historically, no country's preamble has ever been changed, but lamented that the Preamble of the Indian Constitution was altered during the Emergency era. "The Preamble of our Constitution was changed during a time when hundreds and thousands of people were behind bars, the darkest period of our democracy--emergency era," he said. His statement comes against the backdrop of the RSS calling for a review of the words 'socialist' and 'secular

Ex-CJIs endorse constitutionality of simultaneous poll but flag issues

Former chief justices of India, who have conveyed their views to a parliamentary committee on the bill proposing simultaneous polls, have endorsed the constitutionality of the one nation, one election concept but have raised concerns over its various aspects, including the power given to the Election Commission, and offered suggestions. Former CJI D Y Chandrachud, in his opinion submitted to the Joint Committee of Parliament, has dismissed the opposition's criticism that the synchronisation of Lok Sabha and state assembly polls violates the Constitution's basic structure, saying the Constitution never mandated holding national and state elections separately. However, he has joined another ex-CJI Ranjan Gogoi in questioning the sweeping powers granted to the Election Commission in the proposed constitutional amendment law without laying down any guidelines for the exercise of the discretion, according to the opinion submitted to the parliamentary panel. Chandrachud and another former

VP Dhankhar calls Emergency-era Preamble changes a 'festering wound'

Vice President Jagdeep Dhankhar on Saturday asserted the preamble of a constitution is "not changeable" but was changed in India during the Emergency which signals a betrayal of the "wisdom" of the framers of the Constitution. He also said the words inserted in the Preamble in 1976 during the period of Emergency, were a "nasoor" (festering wound) and could cause upheaval. "It is nothing but belittling the civilisational wealth and knowledge of this country for thousands of years. It is a sacrilege of the spirit of Sanatan," the vice president said at a book launch event here. Dhankhar described preamble as a "seed" on which a constitution grows. He also underlined that the preamble of no other constitution has undergone change except that of India. "The Preamble of a constitution is not changeable. But this Preamble was changed by the 42nd Constitution (Amendment) Act of 1976," he said noting that the words "socialist", "secular", and "integrity" were added. He said it was a trave

Himanta Biswa Sarma urges removal of 'secularism, socialism' from Preamble

He said these words were not part of the original Constitution and should be dropped, as secularism goes against the Indian idea of Sarva Dharma Sambhava

Assault on Constitution's soul: Opposition slams RSS' view on Preamble

Several opposition parties on Friday denounced RSS general secretary Dattatreya Hosabale's call to review the words 'socialist' and 'secular' in the Preamble, terming it a "deliberate assault" on the soul of the Constitution. The attack came a day after the RSS proposed reviewing the two words, saying they were included during the Emergency and were never part of the Constitution drafted by B R Ambedkar. While the Congress saw it as a "deliberate assault" on the soul of the Constitution and claimed the RSS-BJP had never accepted Ambedkar's Constitution, the CPI(M) said the demand exposes the RSS' long-standing objective of subverting it. Congress leader Rahul Gandhi said the mask of the RSS has come off again as they want 'Manusmriti'. "The Constitution irks them because it speaks of equality, secularism, and justice," he said in a post in Hindi on X. "The RSS-BJP doesn't want the Constitution; they want 'Manusmriti'. They aim to strip the marginalized and the poor of their rights

RSS seeks removal of 'socialist', 'secular' from Constitution's preamble

RSS general secretary Dattatreya Hosabale on Thursday demanded that the Congress must apologise for the imposition of Emergency by the Indira Gandhi government 50 years ago. Addressing an event here, Hosabale also made a strong pitch for the removal of two words -- socialist and secular -- from the preamble of the Constitution, which were inserted by the erstwhile Congress government during Emergency. Recalling the days of Emergency, which was announced on June 25, 1975, Hosabale said while thousands of people were put in jail and tortured during that period, freedom of the judiciary and media was also curtailed. The days of Emergency also witnessed large-scale forced sterlisation, the RSS leader said. "Those who did such things are today moving around with Constitution's copy. They have still not apologised... Apologise," he said. "Your ancestors did it... You must apologise for this to the country," Hosabale said.