Page 12 - Indian Constitution

Special session of Parliament to begin today: Here is all you need to know

Parliament special session: On August 31, the Union Minister for Parliamentary Affairs Prahlad Joshi announced that a special session will be held from September 18 to 22

All-party meet: Oppn dub bill on EC appointments as anti-Constitution

Several opposition leaders on Sunday dubbed the bill on the appointment and service conditions of the chief election commissioner and election commissioners as "anti-Constitution" and "anti-democratic", sources said. They spoke against the bill at an all-party meeting convened by the government on the eve of the five-day Parliament session beginning Monday. The bill seeks to replace the Chief Justice of India with a cabinet minister in the panel for selection of the chief election commissioner and election commissioners, in a move that will allow the government to have more control in the appointment of members of the poll panel. The bill comes months after the Supreme Court in March ruled that a three-member panel, headed by the Prime Minister and comprising the Leader of the Opposition in Lok Sabha and the Chief Justice of India, will select the CEC and ECs till a law is framed by Parliament on the appointment of these commissioners. According to the Chief Election Commissioner a

SC refers pleas challenging sedition law to bench of at least five judges

The Supreme Court on Tuesday referred to a Constitution bench of at least five judges a batch of pleas challenging the constitutional validity of the colonial-era provision of sedition under the Indian Penal Code (IPC). A bench headed by Chief Justice D Y Chandrachud declined the request of the Centre to defer the reference to a larger bench as Parliament is in the process of re-enacting the provisions of the penal code. The bench, also comprising Justices J B Pardiwala and Manoj Misra, directed the apex court registry to place the papers before the CJI so that appropriate decision can be taken on the administrative side for constitution of a bench of "strength of at least five judges". The apex court had on May 1 deferred the hearing on these pleas after the Centre had said it was at an advanced stage of consultation on re-examining the penal provision. On August 11, in a landmark move to overhaul colonial-era criminal laws, the Centre had introduced in the Lok Sabha three bills t

2014 verdict striking down DSPE Act will have retrospective operation: SC

The Supreme Court on Monday ruled that its 2014 verdict, which had struck down a provision of the Delhi Special Police Establishment (DSPE) Act, 1946 which provided immunity from arrest for officers of the level of joint secretary and above, will have retrospective operation. In its May 2014 judgement, the apex court had held as invalid section 6A(1) of the Act, which required approval of the Centre to conduct any inquiry or investigation into any offence alleged to have been committed under the Prevention of Corruption Act, where such allegation relates to employees of central government of the level of joint secretary and above. A five-judge Constitution bench headed by Justice Sanjay Kishan Kaul delivered its verdict on the issue of whether the striking down of the provision granting immunity from arrest would have a retrospective effect in view of rights protected under Article 20 of the Constitution. Article 20 of the Constitution provides for protection in respect of convictio

India, that is Bharat, in Article 1 of Constitution: A look at the debate

On September 17, 1949, B R Ambedkar presented the final version of the provision to the House, which included both 'Bharat' and 'India'

Kerala CM opposes 'one nation, one election'; criticises BJP-led Centre

Kerala Chief Minister Pinarayi Vijayan on Tuesday criticised the BJP-led Union government's "one nation, one election" idea alleging that such a move was meant to give supremacy to the Centre. He said the concept of India, the parliamentary democratic system and the constitutional values are under "serious threat". In a hard-hitting statement, the CPI(M) veteran also said the present slogan of "one nation, one election" raised by the Sangh Parivar is making that threat further severe. "The slogan of one nation, one election is the agenda to give supremacy to the Centre... The democratic society should come up against it," Vijayan said. The Sangh Parivar has an "hidden agenda" of undermining the federal system to give all dominance to the Centre, he further charged. The Kerala CM's statement came days after the BJP-led Centre set up a high-level committee headed by former president Ram Nath Kovind to make recommendations on the possibility of holding simultaneous elections. The ..

Registration for reading preamble of Constitution begins: K'taka govt

The registration for reading the preamble of the Indian Constitution commenced on Sunday and it will close on September 12 at 6 PM, the Karnataka government said. The reading of preamble will take place in Karnataka on 15 September, at 10 AM, when the International Day of Democracy' is celebrated worldwide. Chief Minister Siddaramaiah, Deputy Chief Minister D K Shivakumar and the Social Welfare Department Minister Dr H C Mahadevappa will lead the children and citizens to read the preamble of the Constitution of India, the government said. According to sources in the social welfare department, which is organising the event, lakhs of people across the state are likely to participate. It will be conducted in all the schools and colleges and government departments. The objective is to make people aware of the Constitution and its preamble, the sources said.

Constitution allows action against those who endanger country: J-K L-G

Notably, article 311 of the Constitution which deals with the dismissal, removal or reduction in rank of civil employees in the Union or state governments

Constitution will win, SC only option: AAP on Delhi Govt amendment

Constitution is supreme, however, when a government tries to subvert it by bringing amendments to it, Supreme Court is the only option, Aam Aadmi Party leader Imran Hussain said here on Saturday. Hussain, a minister in the AAP-governed Delhi government, made the remarks responding to a question on the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, during a press conference. "This issue is in the court of law and Enforcement Directorate and CBI is being wrongly used by the BJP. In Maharashtra, they accused someone and sometime later the person joined BJP. This is not how things work out. If public gives authority, it also have the power to seize it back. "When parties do not obey the Constitution and bring out new amendment bills then the only option is the Supreme Court. And, I think, the Constitution will win and no one is above the Constitution," he said. Asked about AAP national chief spokesperson Priyanka Kakkar's comment that if Congress does not joi

Press Club of India condemns journalist's murder in Bihar's Araria

The Press Club of India on Saturday condemned the killing of a reporter of a Hindi daily in Araria town of Bihar. Vimal Kumar Yadav (35), who worked for a Hindi daily, was killed at his residence in Premnagar village on Friday. "The impunity with which such attacks on journalists are carried out is unacceptable and must be addressed effectively," the Press Club of India said in a statement here.

PM council distances itself from Bibek Debroy's article on new Constitution

In his August 15 article, Bibek Debroy wrote, 'We the People have to give ourselves a new Constitution'

TN CM Staln pitches for moving education to state list of Constitution

Tamil Nadu Chief Minister M K Stalin on Tuesday batted for shifting education to the state list of the Constitution from the concurrent list. In his Independence Day address, Stalin announced that approximately 55,000 vacancies would be filled in various government departments. He said all subjects that have a direct connect to people should be brought under Constitution's state list, in particular education. Only if education is moved to the state list of Constitution, qualifying examination method like the National Eligibility cum Entrance Test (NEET) could be completely scrapped. Following the deaths by suicide of a teen, a medical course aspirant, and his father over alleged NEET related stress, Stalin on Monday urged President Droupadi Murmu to immediately give her assent to a state Bill that seeks to exempt Tamil Nadu from the ambit of the qualifying test. Stalin delivered his Independence Day address from Fort St George here, the seat of power, after unfurling the national

No confidence motion in Parliament today: Here's all you should know

The no confidence debate will run for three days and will be initiated by Congress Member of Parliament Rahul Gandhi at 12 pm

Article 370 abrogation: Hearing of petitions to begin from August 2

Petitioners Shah Faesal and Shehla Rashid have withdrawn their pleas after nearly four years of the abrogation of Article 370

Azad welcomes SC decision to hear plea challenging abrogation of Art 370

Democratic Progressive Azad Party (DPAP) chief Ghulam Nabi Azad on Tuesday welcomed the Supreme Court's recent announcement that it will hear a batch of petitions challenging the abrogation of Article 370 of the Constitution on July 11. Nearly four years after the government abrogated the provisions of Article 370 that bestowed a special status on the erstwhile state of Jammu and Kashmir, a five-judge Constitution bench headed by Chief Justice of India D Y Chandrachud will take up a batch of pleas challenging the decision for hearing on July 11. Azad highlighted the significance of the top court's attention to these petitions, emphasising his optimism for a favourable outcome. "After a long time, the Supreme Court has taken note of the petitions challenging the abrogation of Article 370. I am hopeful about a positive outcome as I aspire for the restoration of full rights, which got annulled following the abrogation on August 5, 2019," the former Jammu and Kashmir chief minister ...

'Socialist', 'Secular' missing from Preamble on textbook cover in Telangana

SCERT Director M Radha Reddy said a copy of the original Preamble was published on the cover page of Class 10 Social Science textbook 'by oversight'

Anti-conversion law: What it is and how various states implement it

According to the latest USCIRF report, the anti-conversion legislation "violates international human rights law's protections for the right to freedom of religion or belief"

Centre must work within boundaries of basic structure of Constitution: SC

The Supreme Court Thursday said the Centre must exercise its powers within the boundaries created by the Constitution and the Delhi government be allowed to function in its domain, saying the principles of democracy and federalism are essential features and form part of the basic structure. The significant observations were made by a five-judge constitution bench headed by Chief Justice D Y Chandrachud in the judgement holding that the Delhi government has legislative and executive powers over administration of services except for public order, police and land. The Union of India must exercise its powers within the boundaries created by the Constitution. NCTD having a sui generis (unique) federal model, must be allowed to function in the domain charted for it by the Constitution, said the judgement on the issue of a festering feud over services between the ruling AAP dispensation and the Centre. The top court observed that though the National Capital territory of Delhi (NCTD) could

Tribal protest in Manipur turns violent; curfew imposed, internet suspended

The mass protest was organised to oppose the demand to include the state's Meitei community in the Scheduled Tribe (ST) category

Kerala to consider Stalin's proposal fixing time limit to approve bills

The Left-ruled Kerala on Tuesday said it will consider with "utmost seriousness" the proposal by Tamil Nadu Chief Minister M K Stalin to pass a resolution in the state Assembly to fix a time limit for Governors to approve bills passed by respective assemblies. This was informed by Kerala Chief Minister Pinarayi Vijayan through a letter to Stalin who had proposed to pass a resolution in the Kerala Assembly similar to that passed by the Tamil Nadu Legislature to fix the time limit for Governors to approve the bills. In his reply to the letter sent by Stalin on April 11, Vijayan said as defenders of the federal spirit of our Constitution, "we have to cooperate in every effort to prevent the curtailing of the functioning of elected state governments." "Even though the time period for giving assent to the bills is not specifically mentioned in the Constitution, it has to be a reasonable one," he said. Vijayan said going by the experience of many states, the Justice M N Venkatachaliah ..