Page 2 - Indian Constitution

BJP's Aparajita Sarangi to head JPC on Bill to remove jailed ministers

The Bill, introduced by Home Minister Amit Shah, seeks automatic removal of the Prime Minister, chief ministers, or other ministers held in judicial custody for over 30 days in serious criminal cases

Vande Mataram at 150: The song that became India's freedom anthem

Vande Mataram 150 years: Composed by Bankim Chandra Chattopadhyay in 1875 and set to music by Rabindranath Tagore, Vande Mataram became the rallying cry that united India's freedom movement

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,

S Muralidhar's book spotlights SC's fault lines and judicial fallibility

In the current discourse on the basic law of the country, the Constitution, leaders of both the ruling and the Opposition blocs are engaged in its competitive veneration, pronouncing it sacrosanct

CJI cites Nepal, Bangladesh unrest to laud strength of Indian Constitution

Violent unrest in neighbouring Nepal and the constitutional breakdown in Bangladesh last year found mention in the Supreme Court on Wednesday. A five-judge Constitution bench headed by Chief Justice B R Gavai, hearing the presidential reference on whether the court could impose timelines for governors and the president to deal with Bills passed by assemblies, made the remarks during the day-long hearing. "We are proud of our Constitution. See what is happening in our neighbouring states. Nepal, we saw" the CJI remarked. "Yes, Bangladesh also," Justice Vikram Nath said, while referring to similar protests that plagued Bangladesh last year. Nepalese Prime Minister K P Sharma Oli resigned in the face of massive anti-government demonstrations on Tuesday, shortly after hundreds of agitators entered his office demanding his resignation for the death of at least 19 people in police action during Monday's protests over corruption and a social media ban.

Human dignity is the soul of the Constitution, says CJI BR Gavai

At the 11th Dr L M Singhvi Memorial Lecture, CJI BR Gavai called human dignity the principle uniting all fundamental rights and guiding judicial interpretation in India

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

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