Page 2 - Indian Constitution

Weaponising morality: New Bill threatens to upend legal principles

The 130th Constitutional Amendment Bill inverts legal principles

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

SC asks if harmony between governor, state govt meets Constitution's vision

The Supreme Court on Wednesday asked whether the country has lived up to the expectations of the Constitution framers that there will be harmony between the governor and the state government, besides the consultation on various issues between the two power centres. The observation of a five-judge Constitution bench headed by Chief Justice BR Gavai came when Solicitor General Tushar Mehta, appearing for the Centre, referring to the Constituent Assembly debates on appointment and powers of the governor. The bench, also comprising Justices Surya Kant, Vikram Nath, PS Narasimha and AS Chandurkar, was told by Mehta that unlike criticism made in different quarters, the post of governor is not for political asylum seekers but has certain powers and responsibility under the Constitution. The solicitor general, who continued his submissions on the Presidential Reference which raised constitutional questions on whether the court can impose timelines for governors and the president to deal wit

Rahul criticises EC over 'One Man, One Vote,' vows to protect Constitution

Gandhi further accused the Election Commission of neglecting its duty, asserting that the Congress party is committed to protecting the Constitution and will continue to do

SC nixes Justice Varma's plea, says conduct does not inspire confidence

Bench says in-house panel followed due process and affirms CJI's right to recommend action to Parliament; Varma can seek future remedies if needed

Constitution under siege, BJP attempting ideological coup: Sonia Gandhi

Congress Parliamentary Party chairperson Sonia Gandhi on Saturday alleged that the Constitution is "under siege" as the ruling BJP is using its power to dismantle the very framework it long opposed. She alleged that the BJP is seeking to bring an "ideological coup" by replacing our democratic republic with a theocratic corporate state serving the powerful few. In her special message read out at the day-long national legal conclave on 'Constitutional Challenges - Perspectives and Pathways', Gandhi said the Congress would oppose every attempt to undermine the Constitution in Parliament, in courts and on the streets, asserting that it is not just a political but an ideological commitment to defend every Indian's dignity. "Today, the Constitution is under siege. The BJP-RSS, which never fought for freedom or upheld equality, now uses its power to dismantle the very framework it long opposed," she said. "Their ideological forebears glorified Manusmriti, rejected the tricolour, and ...

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

No intention to remove 'socialism', 'secularism' from Preamble: Govt

The Union government has "no current plan or intention" to reconsider or remove the words 'socialism' and 'secularism' from the Preamble of the Constitution inserted during the Emergency period, the Rajya Sabha was informed on Thursday. The House was also told that the government has not "formally" initiated any legal or constitutional process to remove the two words from the Preamble of the Constitution. In a written reply, Law Minister Arjun Ram Meghwal said while there may be discussions or debates in certain public or political circles, "no formal decision or proposal has been announced by the government" regarding amendments to these terms. "The government's official stand is that there is no current plan or intention to reconsider or remove the words 'socialism' and 'secularism' from the Preamble of the Constitution. Any discussions regarding amendments to the Preamble would require thorough deliberation and broad consensus, but as of now, the government has not initiated any

Jagdeep Dhankhar resigns: When and how will next Vice-President be elected?

With Jagdeep Dhankhar stepping down citing medical reasons, Article 68 kicks off the process to elect a new Vice President by members of both Houses of Parliament

Jagdeep Dhankhar resigns as Vice President of India, citing medical reasons

Vice President Jagdeep Dhankhar has resigned with immediate effect, citing health reasons and medical advice, thanking the President, Prime Minister, and Council of Ministers for their support

Kharge slams Assam govt, promises relief for evicted families if Cong wins

The Congress president also warned that the BJP could use voter list revisions and delimitation to undermine the Congress ahead of next year's Assembly elections

What is Article 326 under which EC is revising electoral rolls in Bihar?

The Election Commission cites Article 326 to defend Bihar voter rolls revision, calling it a constitutional necessity since the state's electoral rolls haven't been comprehensively updated since 2003

Governor's position is an easy punching bag: V-P Dhankhar | Constitution

Vice President Jagdeep Dhankhar on Monday came out in defence of Kerala Governor Rajendra Vishwanath Arlekar who has come into conflict with the left government in the state.

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

Interpretation of law, Constitution must suit society's needs: CJI Gavai

Chief Justice of India Bhushan Ramkrishna Gavai on Saturday said the interpretation of law or the Constitution has to be "pragmatic" and in a way that suits the needs of society. Speaking at a felicitation organised for him by the Bombay High Court here, he also mentioned that recently he had received complaints about the rude behaviour of "some of the colleagues", and urged the judges to protect the reputation of the institution. Citing a past Supreme Court judgement, Gavai said any law or the Constitution has to be interpreted in the context of "problems faced by the present generation." "The interpretation has to be pragmatic. It has to be one that suits the needs of society," he added. Judges are expected to work as per their conscience, the oath of office and law, but "should never be perturbed once the matter is decided", he said. A judge should cut off his mind from the matter and forget what happens to it thereafter, he added. Talking about the appointment of judges, the

Electoral roll a dynamic list, only eligible citizens can be listed: EC

Amid protests by opposition parties, the Election Commission on Monday said the special intensive revision is needed as the electoral roll keeps changing due to a variety of reasons and the Constitution mandates it to ensure that only eligible citizens are part of the voters' list and those not, do not get to vote. Several opposition parties have said that the intensive revision carries the risk of willful exclusion of voters using the state machinery. In a statement, the poll panel said the revision of electoral rolls is must as it is a dynamic list which keeps changing due to deaths, shifting of people due to migration and addition of new voters who have turned 18. "Further, Article 326 of the Constitution specifies the eligibility to become an elector. Only Indian citizens, above 18 years and ordinary residents in that constituency, are eligible to be registered as an elector," it said. The Election Commission said it has uploaded the 2003 electoral roll of Bihar comprising deta

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

Constitution defines roles of legislature, executive, judiciary: CJI Gavai

Addressing the issue of "judicial activism," the CJI asserted that it is necessary for "upholding" the constitution and rights of the citizens