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Showing posts with the label Governance

Election Commission’s Power to Verify Citizenship Limited to Electoral Rolls: Supreme Court Told

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Background of the Case The Election Commission of India (ECI) has informed the Supreme Court that its authority to verify a person’s citizenship during the Special Intensive Revision (SIR) of electoral rolls is strictly confined to determining eligibility for voter registration and does not extend to deportation or termination of citizenship. The submissions were made before a Bench headed by Chief Justice of India Surya Kant , along with Justice Joymalya Bagchi , while hearing a batch of petitions challenging the legality of the SIR exercise undertaken by the ECI. What Is the Special Intensive Revision (SIR)? The Special Intensive Revision is an electoral exercise conducted periodically by the ECI to: Remove names of deceased voters Delete entries of persons who have permanently migrated Correct duplicate or erroneous voter records The petitioners allege that the current SIR exercise is being used as a backdoor mechanism to determine citizenship , thereby leading to potential disen...

High Court Grants Interim Bail to Couple Convicted of Killing Eight Family Members in 2001

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The Punjab and Haryana High Court has ordered the interim release of Sonia and her husband Sanjeev Kumar, who were convicted of killing eight members of Sonia’s family in August 2001. The court simultaneously directed the Haryana government to reconsider their premature release application within two months, strictly in accordance with the applicable remission policy. Background of the 2001 Hisar Mass Murder Case On the night of August 23, 2001, eight members of the Punia family were killed at their farmhouse on the outskirts of Hisar. The victims included: • Relu Ram Punia (50), former MLA of Barwala constituency • Krishna Devi (41) • A 14-year-old daughter • Sunil Kumar (23), son from first marriage • Daughter-in-law Shakuntala Devi (20) • A 4-year-old grandson • Two granddaughters, including a two-month-old infant According to the prosecution, Sonia and Sanjeev retrieved an iron rod from the garage after midnight and murdered the family members individually in separate ro...

Supreme Court on ECI’s Powers During Voter Roll Revision: Citizenship Determination vs. Electoral Integrity

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The Supreme Court’s latest observations during the petitions challenging the Special Intensive Revision (SIR) of electoral rolls in Bihar raise important constitutional and statutory questions. The core issue is whether the Election Commission of India (ECI) can inquire into "doubtful citizenship" while revising electoral rolls, without assuming the authority to declare someone a citizen or non-citizen. Issue 1: Court Clarifies ECI Is Not Claiming Power to Determine Citizenship The Supreme Court clarified that the ECI has not claimed any constitutional authority to decide citizenship. The bench noted: ECI’s question is not about declaring someone a citizen or non-citizen, but about whether it can conduct inquisitorial inquiries into doubtful entries during voter roll revision. The bench of CJI Surya Kant and Justice Joymalya Bagchi asked: If an electoral roll has doubtful inclusions, would it not fall within ECI’s constitutional mandate to investigate? This sets th...

Judicial Independence and Supremacy of Law: Justice BV Nagarathna’s Key Address at O.P. Jindal Global University

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Supreme Court judge Justice B.V. Nagarathna delivered a significant address at the international convention titled “The Independence of Judiciary: Comparative Perspective on Rights, Institutions and Citizens” held at O.P. Jindal Global University, Sonipat. Her remarks highlighted the core elements that safeguard the rule of law in a constitutional democracy—judicial independence and supremacy of the law. Judicial Independence and Supremacy of Law: The Twin Guarantees of Rule of Law Justice Nagarathna emphasised that judicial independence and the supremacy of law function together to ensure that the rule of law remains insulated from political pressures. According to her, insulating judges from extraneous and political influences is essential to preserve the integrity of judicial decision-making. She reiterated that these two principles form the foundation of a democratic legal system and must never be taken for granted. Faith in the Constitution and Faith in the Courts Justice ...

Supreme Court Seeks Maharashtra’s Data on Local Bodies Breaching 50% Reservation Cap

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The Supreme Court of India has once again turned its attention to the contentious issue of reservation in Maharashtra’s local bodies. During a hearing on a contempt petition, the Court directed the State to provide a complete list of all local bodies where the total reservation—covering Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC)—exceeds the 50% constitutional ceiling. This order comes amid preparations for upcoming elections and ongoing disputes about the implementation of the Court’s earlier directions, particularly the 2021 “triple test” requirement. Background: Contempt Petition and the 2021 Triple Test Judgment The current proceedings arise from a contempt petition alleging that Maharashtra failed to comply with the Supreme Court’s 2021 ruling. That judgment mandated that any OBC reservation in local bodies must satisfy a three-step test , now widely known as the "triple test": Establish a dedicated commission to conduct a conte...

Allahabad High Court Flags Massive Irregularities in Uttar Pradesh Birth Certificate System

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The Allahabad High Court has strongly criticised the functioning of Uttar Pradesh’s birth certificate issuance system, describing it as a “mess” and reflective of dishonesty operating at multiple administrative levels. The court’s observations came during the hearing of a writ petition that exposed the ease with which multiple birth certificates with conflicting details can be obtained in the state. Case Background: Two Birth Certificates, Two Different Dates of Birth Facts of the Petition The issue surfaced during the hearing of a writ petition filed by an individual named Shivanki . The Deputy Director of UIDAI, Regional Office, Lucknow, submitted documents that revealed the petitioner possessed two separate birth certificates , both issued by the Registrar of Births and Deaths, but: from two different authorities, and with two different dates of birth. Details of the Conflicting Certificates Certificate 1: Issued by: Primary Health Centre, Manauta Date of bir...

Supreme Court Rules: Eden Gardens Stadium Is Not a “Public Place” for Advertisement Tax Purposes

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The Supreme Court has delivered a significant judgment in a long-running dispute originating from advertisements displayed during the 1996 Wills World Cup. By affirming the 2025 Calcutta High Court order, the Court has clarified the meaning of “public place” under municipal taxation law and set important procedural standards for local authorities. Background of the Dispute The controversy dates back to advertisements displayed inside Eden Gardens Stadium during two major World Cup events: Inaugural ceremony on 11 February 1996 Semi-final match on 13 March 1996 On 27 March 1996, the Kolkata Municipal Corporation (KMC) issued a tax demand of ₹51,18,450 to the Cricket Association of Bengal (CAB) under Section 204 of the Kolkata Municipal Corporation Act, 1980, alleging that advertisements displayed inside the stadium attracted advertisement tax. CAB challenged the tax demand before the Calcutta High Court, ultimately resulting in a litigation battle that lasted nearly three d...

Political Storm in Maharashtra: BJP’s Strategic Edge Amid Pawar’s Land Deal Controversy

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I. Introduction: Politics of Power and Perception As Maharashtra inches closer to its crucial local body elections , the state’s political landscape is witnessing renewed turbulence. The Ajit Pawar–Parth Pawar land deal controversy has not only intensified intra-alliance tensions within the ruling Mahayuti coalition , but also given the Bharatiya Janata Party (BJP) a strategic upper hand. For the BJP, this controversy has emerged as a “handy controversy” — one that could strengthen its negotiating position in seat-sharing talks , particularly across urban centers like Pune, Pimpri-Chinchwad, Nashik, and Mumbai . II. The Ajit Pawar Land Deal Controversy Deputy Chief Minister Ajit Pawar finds himself under scrutiny after allegations surrounding a questionable Pune land transaction involving his son, Parth Pawar . According to government insiders, an inquiry committee headed by Additional Chief Secretary (Revenue) Vikas Kharge has been constituted to investigate the matter, wi...

Supreme Court Weighs Constitutional Limits on Setting Timelines for Governors and the President

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The Supreme Court of India is currently deliberating a significant constitutional question: whether it can prescribe fixed timelines for Governors and the President to act on state bills, despite the Constitution’s explicit language requiring them to act only “as soon as possible.” Background: The Presidential Reference under Article 143 The issue stems from an April 8 ruling by a two-judge bench of the Supreme Court that imposed deadlines — three months for the President to decide on bills and one month for governors to act on re-enacted bills. The judgment sparked intense debate, leading to a Presidential Reference under Article 143 . The reference, sent by President Droupadi Murmu in May, places 14 questions before the Court, including whether judicially crafting procedural rules where the Constitution is silent amounts to rewriting constitutional provisions . The matter is being heard by a five-judge constitution bench led by Chief Justice Bhushan R. Gavai , with Justic...

Kaleshwaram Controversy Deepens: Kavitha Targets Cousins Amid CBI Probe

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Kavitha Accuses Harish Rao and Santosh Rao of Corruption Bharat Rashtra Samithi (BRS) MLC Kalvakuntla Kavitha has sparked a major internal storm by directly blaming her cousins — former irrigation minister T. Harish Rao and former MP J. Santosh Rao — for alleged large-scale irregularities in the Kaleshwaram Lift Irrigation Project (KLIP). Speaking at a press conference in Hyderabad after returning from a 10-day trip to the United States , Kavitha claimed that her father and BRS chief K. Chandrasekhar Rao (KCR) was being made a scapegoat while others “amassed huge assets” from the project. She accused the two leaders of playing a pivotal role in the project’s execution, saying: “They accumulated huge assets blinding KCR. They are the anacondas of corruption.” Strong Objection to CBI Probe into Kaleshwaram Kavitha condemned Chief Minister A. Revanth Reddy’s decision to hand over the Kaleshwaram case to the Central Bureau of Investigation (CBI) , calling it an insult to KC...

Centre Argues States Cannot Approach SC Over Governors’ Delay in Bill Assent

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The ongoing constitutional debate on the powers of governors and the President regarding pending state bills took a sharp turn as the Union government argued before the Supreme Court that states have no legal right to approach the top court under Article 32 to allege violation of their rights due to delayed or withheld assent. This submission came during the hearing of President Droupadi Murmu’s Article 143 reference in May, which seeks clarity on the April 8 Supreme Court ruling that prescribed timelines for the President and governors to act on pending bills. Key Arguments from the Union Government Appearing before a five-judge Constitution Bench led by Chief Justice of India Bhushan R Gavai , Solicitor General (SG) Tushar Mehta asserted that: States Cannot Claim Fundamental Rights The Constitution confers fundamental rights on citizens and individuals, not governments. A state is “the State” as defined under Article 12 and is a repository of duties , not a hold...

Delhi High Court Questions Delhi Government Over Delay in Action on CAG Reports

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Delhi High Court Questions Delhi Government Over Delay in Action on CAG Reports The Delhi High Court has raised serious concerns about the Delhi Government's handling of the Comptroller and Auditor General (CAG) reports, questioning its motives for delaying the process. The remarks came during a hearing involving a petition filed by BJP MLAs seeking the tabling of 14 CAG reports in the Delhi Legislative Assembly. Let’s delve into the key issues, the significance of CAG, and why this matter has become a topic of public interest. What is CAG and Its Role? The Comptroller and Auditor General of India (CAG) is a constitutional authority responsible for auditing all receipts and expenditures of the government, including public sector enterprises. Its reports hold the government accountable for the financial and operational efficiency of its departments. CAG reports are presented to the legislative assemblies, where they serve as a critical tool for legislators to debate and scruti...