Page 3 - Indian Constitution

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

Cong slams RSS over calls for reviewing 'socialist', 'secular' in Preamble

Slamming the RSS for calling for reviewing the words 'socialist' and 'secular' in the Preamble of the Constitution, the Congress on Friday alleged that the RSS has "never accepted" Babasaheb Ambedkar's Constitution and that their demand was part of the conspiracy to destroy it. The RSS on Thursday called for reviewing the words 'socialist' and 'secular' in the Preamble of the Constitution, saying they were included during the Emergency and were never part of the Constitution drafted by B R Ambedkar. Congress general secretary in-charge communications Jairam Ramesh said the RSS has "never accepted" the Constitution of India. "It attacked Dr Ambedkar, Nehru, and others involved in its framing from November 30, 1949 onwards. In RSS' own words, the Constitution was not inspired by Manusmriti," he said in a post on X. "The RSS and the BJP have repeatedly given the call for a new Constitution. "This was Mr (Narendra) Modi's campaign cry during the 2024 Lok Sabha elections. The people o

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.

Making cuts in implementation of MGNREGA crime against Constitution: Kharge

Congress president Mallikarjun Kharge on Monday alleged that the Modi government is trying to destroy MGNREGA and said making cuts in the implementation of this scheme is a "crime against the Constitution". The Congress president shared on X a media report which claimed that for the first time, the government has capped spending under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) at 60 per cent of its annual allocation for the first half of the financial year 2025-26. In a post in Hindi on X, Kharge said, "The Modi government is trying to destroy MGNREGA, the lifeline of the poor. The Modi government has now fixed the limit of MGNREGA expenditure at 60% for the first 6 months of the year". Making cuts in the implementation of MGNREGA, which ensures the Right to Work under the Constitution, is a "crime against the Constitution", he said. Posing questions from the Congress' side, Kharge asked whether the Modi government is doing this only because it wants to

Constitution an evolving document, adapting itself to changes: CJI BR Gavai

Chief Justice of India Bhushan Ramkrishna Gavai referred to the Indian Constitution as a living, organic, and evolving document that adapts to the changes demanded by various circumstances. Speaking at the Edinburgh Law School on the topic 'Constitution As An Evolving Document', the CJI said that in the last 75 years, the Constitution has witnessed several amendments in order to meet the challenges of the changing times. "As and when certain issues arose on account of the interpretation of the Constitution given by the Supreme Court, the Parliament has rose to the occasion, and has provided answers by way of amending the Constitution, so as to meet the changes of the new generations, the changes as demanded by the change in the circumstances," the CJI said in a speech on Friday. Gavai had earlier described the Constitution as a "quiet revolution etched in ink" and a transformative force that not only guarantees rights but actively uplifts the historically oppressed. Speaking at the

CJI Gavai calls Constitution 'quiet revolution' empowering oppressed

Chief Justice of India (CJI) B R Gavai has described the Constitution as a "quiet revolution etched in ink" and a transformative force that not only guarantees rights but actively uplifts the historically oppressed. Speaking at the Oxford Union on the theme 'From Representation to Realisation: Embodying the Constitution's Promise' on Tuesday, the CJI, the second Dalit and the first Buddhist to hold India's highest judicial office, highlighted the positive impact of the Constitution on marginalised communities and gave his example to drive home the point. "Many decades ago, millions of citizens of India were called 'untouchables'. They were told they were impure. They were told that they did not belong. They were told that they could not speak for themselves. But here we are today, where a person belonging to those very people is speaking openly, as the holder of the highest office in the judiciary of the country," the CJI said. He said the Constitution told the citizens that "they .

Constitution must be credited for keeping country united during crises: CJI

Chief Justice of India (CJI) B R Gavai on Saturday said that whenever the country has faced a crisis, it has remained united and strong, and that the Constitution should be credited for this. The CJI was addressing a function after the inauguration of advocate chambers and a multi-level parking at the Allahabad High Court here. "When the Constitution was being made and its final draft was presented before the Constituent Assembly, at that time some people used to say that the Constitution is too federal while some used to say that it is too unitary. "Baba Saheb Bhimrao Ambedkar had replied that the Constitution is neither wholly federal nor wholly unitary. But one thing I can tell you is that we have given a Constitution which will keep India united and strong both in times of peace and war," CJI Gavai said. He said India has been on the path of development after independence due to the Constitution. "Today we see what is the condition of our neighbouring countries. And India is .

Constitution does not support forced or fraudulent conversion: Allahabad HC

Allahabad High Court has observed that though the Indian Constitution gives every citizen the right to freely follow and spread their religion, it does not support forced or fraudulent conversions. Justice Vinod Diwaker made the observation while rejecting a plea to cancel an FIR against four people accused under the Uttar Pradesh Prohibition of Unlawful Religious Conversion Act, 2021. According to the complaint, the accused tried to convert people to Christianity by offering money and free medical care. The court refused to cancel the case, stating that the charges were serious and valid enough for police investigation. In its judgment, the court observed, "India's constitutional framework guarantees the right to religious freedom under Article 25. This Article confers upon every person the fundamental right to freely profess, practise and propagate religion, subject to public order, morality and health. The use of the word 'freely' in Article 25 underscores the voluntary nature o

Constitution of India supreme, its pillars must work together: CJI Gavai

At a felicitation in Mumbai, CJI B R Gavai reiterated that the Constitution, not the judiciary, executive or Parliament, is supreme and urged mutual respect among institutions

Will do my best to uphold rule of law, Constitution: CJI BR Gavai

Chief Justice of India B R Gavai on Saturday affirmed his unwavering commitment to upholding the Constitution and the rule of law. Speaking at a felicitation ceremony organized in his honour by the Bar Council of India (BCI), Justice Gavai, who took oath as the 52nd CJI on May 14, emphasized his dedication to ensure that constitutional promises reach the broad spectrum of Indian society. "The only thing I can say is that whatever short period that I have, I will do my best to stand by my oath to uphold the rule of law, to uphold the Constitution of India," he said. Justice Gavai said that he will make an attempt to reach the commonest mind of this country, the vast majority of its citizens, so that the vision and promise of the Constitution -- ?social and economic equality along with political equality -- ?is brought into reality. Highlighting the enduring significance of the Kesavananda Bharati judgment, the CJI called it a cornerstone for resolving constitutional tensions. "Wher

Constitution is supreme, not Parliament or judiciary: CJI-designate Gavai

Justice Bhushan Ramkrishna Gavai, who is set to become the first Buddhist Chief Justice of India on May 14, on Sunday said no to any post-retirement assignment and put to rest the debate on whether Parliament or judiciary is superior by asserting the Constitution is supreme. In an informal chat with journalists at his residence here, Justice Gavai said that the top court judges were shocked to hear about the Pahalgam terror attack and referred to the full court meeting convened by him as CJI Sanjiv Khanna was away. When the country is in crisis, the Supreme Court cannot remain aloof. We are also part of the nation, he said while touching upon issues ranging from pendency of cases to vacancies in courts, judges meeting commoners including politicians and the statements against the judiciary. Responding to queries about statements of politicians and Vice President Jagdeep Dhankhar that Parliament is supreme, he said, The Constitution is supreme. This has been held in the 13-judge benc

SC refuses to entertain fresh plea challenging Waqf (Amendment) Act

The Supreme Court on Monday refused to entertain a fresh plea challenging constitutional validity of the Waqf (Amendment) Act, 2025, saying it cannot entertain "hundreds" of petitions on the issue. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar asked the counsel for petitioner Syed Alo Akbar to file an intervention application in pending five cases which will be taken up on May 5 for passing interim orders. You withdraw this. We passed an order on April 17 saying only five petitions will be taken up for hearing, the CJI said, adding, It will be open for the petitioner to file an application in the pending petitions if so advised. On April 17, the bench decided to hear only five of the total number of pleas before it and titled the case: "In Re: Waqf (Amendment) Act, 2025". About 72 petitions, including those by AIMIM leader Asaduddin Owaisi, All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, the Dravida Munnetra Kazhagam (DMK), Anwar Basha .

Kapil Sibal hits back at VP Dhankhar, says Constitution is supreme

Neither Parliament nor the executive but the Constitution is supreme, Rajya Sabha MP Kapil Sibal said on Tuesday, as he hit back at Vice-President Jagdeep Dhankhar who slammed his critics for questioning his remarks on a recent Supreme Court order. Sibal also claimed that everything the court said was consistent with the country's constitutional values and guided by national interest. Sibal's remarks in posts on X came soon after Dhankhar said that every word spoken by a constitutional authority was guided by supreme national interest. A top court bench recently prescribed a three-month timeline for the president of India to decide on Bills reserved by governors for her nod. Reacting to the directive, Dhankhar said the judiciary cannot play the role of a "super Parliament" and get into the domain of the executive. Addressing a Delhi University event, Dhankhar, who is also the Chairman of the Rajya Sabha, said every word spoken by a constitutional functionary was guided by the supr

Congress to launch nationwide 'Save Constitution' campaign from April 25

The party will also counter the BJP's disinformation campaign about the National Herald issue, with senior leaders holding press conferences in different cities

Reports of Farooq Abdullah backing Article 370 'absolute nonsense': Dulat

Former RAW chief A S Dulat on Friday vehemently refuted claims suggesting that former Jammu and Kashmir chief minister Farooq Abdullah privately supported the abrogation of Article 370 of the Constitution, dismissing those as "absolute nonsense". Speaking at the launch of his book titled 'The Chief Minister and the Spy' here, he addressed the controversy that erupted following media reports that Abdullah had "privately" suggested that he would have helped in the abrogation of Article 370 in 2019 had he been taken into confidence. Dulat asserted that "there was not a single Kashmiri who spoke in favour of the abrogation." He cited former Finance Minister P Chidambaram's description of the move as a "monumental blunder," emphasising the widespread opposition within the region. Dulat, the former head of the Research and Analysis Wing (RAW), the external intelligence agency of the country, detailed his meeting with Abdullah following his release from detention in February 2020. "I cou

Cong MP Singhvi defends SC's Article 142 power after VP Dhankhar's remarks

Vice President Jagdeep Dhankhar had, on Thursday, called Article 142 a "nuclear missile against democratic forces that remains available to the judiciary 24x7"

Finalised cases can't be reopened or justice system will face chaos: SC

The Supreme Court on Wednesday said finality of a litigation is a core facet of a sound judicial system and a case that has concluded cannot be reopened, otherwise there will be "chaos in the administration of justice". A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan dismissed a writ petition filed by former employees of the Himachal Pradesh State Forest Development Corporation Limited, seeking pensionary benefits despite the issue having attained finality in a separate round of litigation in 2016. "It is crystal clear that the present writ petition is thoroughly misconceived and is liable to be dismissed. However, before parting with the record, we would like to emphasize and reiterate the principle of finality of an adjudication process. Finality of a lis is a core facet of a sound judicial system. Litigation which had concluded or had reached finality cannot be reopened," the bench said. It added that a litigant aggrieved by a decision rendered by this court in a

Political parties, leaders outdo each other to claim Ambedkar's legacy

PM Modi says Congress 'snatched' rights of SC/STs; Rahul cites Telangana survey to claim that most gig workers from disadvantaged sections

Failure to inform reason for arrest will be grounds for bail: Allahabad HC

Informing the reason for arrest is a mandatory requirement under Article 22(1) of the Constitution and its violation will be a ground to grant bail even if statutory restrictions on giving bail exist, the Allahabad High Court has ruled. In the significant verdict, the High Court has set aside a December 25 remand order of a magistrate in Rampur, observing that the grounds of the arrest of the petitioner were not furnished to him. The requirement of informing the grounds of arrest is a mandatory requirement of Article 22(1) of the Constitution, it said, adding that it is the duty of the magistrate to ascertain its compliance and that of other mandatory safeguards. "When a violation of Article 22(1) is established, it is the duty of the court to forthwith order the release of the accused. That will be a ground to grant bail even if statutory restrictions on the grant of bail exist," a division bench comprising Justices Mahesh Chandra Tripathi and Prashant Kumar said. The information

New Waqf law a solid step by our govt towards social justice: PM Modi

Prime Minister Narendra Modi asserted on Tuesday that the Waqf (Amendment) Act is another major solid step of his government towards social justice and said the earlier law was enacted in 2013 to appease land mafia and Muslim fundamentalists. Addressing the News18's Rising Bharat Summit, Modi said the politics of appeasement marked the debate in Parliament over the issue, a swipe at the opposition, and added that a similar attitude was behind the country's division in 1947 when a few Congress leaders nursed the idea of "kattarpanthi" (fundamentalists) even though the view was not shared by common Muslims. The common Muslims, and the poor and backwards among them only received neglect, lack of education and unemployment, while women's constitutional rights were sacrificed to placate fundamentalists, he said in a reference to the Shah Bano case. The prime minister said that the Waqf law enacted in 2013 by the Congress-led UPA government created an illusion that the Act was above the .