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Showing posts with the label Public Policy

Citizenship Question in Bihar SIR: Supreme Court Seeks Clarity from Election Commission

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Background of the Case The Supreme Court is currently examining a batch of petitions challenging the Election Commission of India’s (ECI) June 24 notification directing a Special Intensive Revision (SIR) of electoral rolls in Bihar. The petitions were filed in 2025 and raise serious constitutional and statutory questions concerning voter deletion, citizenship determination, and the scope of the Election Commission’s powers. The matter was heard by a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi , which sought to ascertain the true intent behind the SIR exercise. Supreme Court’s Core Question: Citizenship or Electoral Hygiene? During the hearing, the Supreme Court posed a pointed question to the ECI: “When you started this exercise, was citizenship in your mind or are you second-guessing it as a reason to begin this exercise?” The Court noted that the SIR notification primarily cited migration, urbanisation, and the need to update electoral entries as...

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...

Supreme Court to Examine Scope of Citizenship Law for India-Born Children of Foreign Nationals

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Background of the Case The Supreme Court of India has agreed to examine a significant question concerning the interpretation of India’s citizenship law: whether children born in India to foreign nationals can be granted citizenship through a liberal interpretation of statutory provisions , particularly where denial would result in statelessness. The issue arose from a petition filed by Rachita Francis Xavier , an 18-year-old woman born and raised in Andhra Pradesh , whose parents were United States citizens at the time of her birth but were Overseas Citizens of India (OCI) cardholders residing lawfully in India. A Bench comprising Justice JB Pardiwala and Justice KV Viswanathan issued notice to the Union Government on January 8 , and the matter is listed for further hearing on January 30 . Factual Matrix Rachita Francis Xavier was born in 2006 in Andhra Pradesh. Her parents were originally Indian citizens but later acquired US citizenship —her father in 2001 and her mother in 2005...

KKR Releases Bangladesh Pacer Mustafizur Rahman Following BCCI Instructions: Legal, Policy and Constitutional Context

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Background: Player Release Amid Heightened India–Bangladesh Tensions Kolkata Knight Riders (KKR) released Bangladesh fast bowler Mustafizur Rahman from their IPL 2026 squad following instructions issued by the Board of Control for Cricket in India (BCCI). The decision came against the backdrop of escalating diplomatic tensions between India and Bangladesh, including allegations of hostility against minorities, reciprocal diplomatic protests, and rising security sensitivities. KKR had acquired Mustafizur for ₹9.2 crore after an intense bidding contest with Chennai Super Kings and Delhi Capitals at the 2025 IPL auction, making him the only Bangladeshi player bought that season. With his release, IPL 2026 will feature no Bangladesh cricketers. Transaction and Player Profile: Contractual and Performance Context Mustafizur Rahman is an experienced IPL cricketer with: 60 wickets in 65 IPL matches Previous appearances for SRH, MI, RR, CSK, and DC Participation across eight IPL editions He was...

Tobacco Excise Duty From February 1, 2026: Government Freezes Compensation Cess and Introduces New Health & National Security Cess

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Background: Policy Shift in Indirect Taxation on Tobacco and Cigarettes The Government of India has notified that, effective 1 February 2026, additional excise duty will be imposed on tobacco products, including cigarettes, alongside the ongoing Goods and Services Tax (GST) regime. The notification follows the decision of the 56th GST Council to phase out the GST Compensation Cess framework and restructure taxation on sin goods such as cigarettes, chewing tobacco, gutkha, and pan masala. This restructuring ensures that revenue neutrality is maintained even after the withdrawal of the compensation cess mechanism. Introduction of Additional Excise Duty on Cigarettes and Tobacco Products From 1 February 2026, excise duty will be levied on tobacco products on top of the existing GST rate. The Finance Ministry has notified the Chewing Tobacco, Jarda Scented Tobacco and Gutkha Packing Machines (Capacity Determination and Collection of Duty) Rules, 2026. Under the new excise structure: Additi...

Supreme Court Rules Courts Must Award Just Compensation Beyond Claimed Amounts in Land Acquisition Cases

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Introduction — Supreme Court Reaffirms Duty to Ensure “Just Compensation” The Supreme Court of India has reiterated that courts adjudicating land acquisition disputes must not restrict compensation merely to the amount claimed by landowners, if evidence and statutory parameters justify a higher market value. A bench of Justices Prashant Kumar Mishra and Vipul M. Pancholi held that land acquisition proceedings are not strictly adversarial in nature and that courts have a statutory and equitable duty to determine and award compensation in accordance with law, rather than limiting relief to what the claimant has pleaded. The Court clarified that once the correct market value of land is determined based on statutory factors, restricting compensation to a lower, claimed amount would defeat the mandate of the Land Acquisition Act. Case Background — Karnataka High Court Enhanced Value But Restricted Payable Compensation The dispute arose from land acquired for the Hirehalla Left Bank Canal P...

SUPREME COURT DIRECTS HIGH COURTS AND STATES TO FAST-TRACK UAPA TRIALS

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The Supreme Court of India has issued a significant direction to all High Courts and State governments to ensure expeditious disposal of cases under the Unlawful Activities (Prevention) Act (UAPA). The Court stressed that terrorism-related matters must be handled with “efficacy and expediency,” especially considering the stringent nature of the law and the increasing pendency of cases. The directions were delivered by a bench comprising Justices Sanjay Karol and N. Kotiswar Singh while hearing the Central Bureau of Investigation’s (CBI) appeal in the 2010 Jnaneshwari Express derailment case , which claimed 148 lives and injured over 170 passengers. BACKGROUND: THE 2010 JNANESHWARI EXPRESS CASE The case relates to the derailment of the Jnaneshwari Express in West Bengal, allegedly caused by sabotage due to opposition to joint police-paramilitary operations against Maoist groups in the region. Eighteen accused individuals were granted bail by the Calcutta High Court, a decision chall...

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...

Supreme Court Calls for Simplicity in Administrative Procedures: A Detailed Analysis

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The Supreme Court of India has once again reaffirmed a core constitutional promise: governance must empower, not burden, citizens. In a landmark judgment led by Justice P.S. Narasimha and Justice Atul S. Chandurkar , the Court struck down an additional bureaucratic requirement imposed by the Jharkhand government, calling it illegal, superfluous, and contrary to principles of good governance. This article examines the statutory background, constitutional foundations, judicial reasoning, and broader relevance of this decision. 1. Constitutional Value of Simplicity and Good Governance The Supreme Court emphasised that simplicity in public transactions is a constitutional value . Procedural efficiency forms part of good governance , which flows from: Relevant Constitutional Provisions Article 14 – Mandates non-arbitrariness in State action; unnecessary procedural barriers violate the equality principle. Article 21 – Expands to include administrative fairness and efficiency; e...

JPC Holds First Meeting on the 130th Constitution Amendment: Key Issues, Concerns, and Constitutional Debate

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The Joint Parliamentary Committee (JPC) examining the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025 held its first meeting on Thursday. The sitting marked the beginning of a contentious legislative debate, with Opposition members questioning both the intent and possible implications of the proposed changes, while the committee decided on extensive consultations with stakeholders across India. Objective of the 130th Constitution Amendment Bill, 2025 The Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, was introduced in the Lok Sabha on August 20, 2025. The Bill proposes that the Prime Minister, Chief Ministers, or ministers facing corruption or serious offence charges must be removed from office if they are detained for 30 consecutive days. The same rule would apply to the heads of Union Territories—Delhi, Jammu & Kashmir, and Puducherry—through two corresponding bills. The central idea is to ensure that individuals holding the highest executive a...

Sanchar Saathi App Mandated on All Smartphones: A Detailed Legal and Policy Analysis

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Introduction: Government Mandates Pre-Installation of Sanchar Saathi The Department of Telecommunications (DoT) has issued a new directive requiring all original equipment manufacturers (OEMs) and importers to pre-install the Sanchar Saathi app on every new mobile handset manufactured or imported for sale in India. The circular, issued on Monday, instructs companies such as Apple, Samsung, Xiaomi, Vivo, Oppo and others to ensure that the app is clearly visible to users at the time of first use or device setup , and that its core functionalities must remain fully operational without restrictions. What is Sanchar Saathi? (From the above para: “Whatis Sanchar Saathi?”) Launched in May 2023 , Sanchar Saathi is a centralized telecom security and consumer protection platform developed by the DoT. It integrates multiple services designed to prevent telecom fraud, track misuse of mobile resources, and assist users in safeguarding their devices. Key functionalities include: Repo...