logo
Karnataka high court declines to issue directions on dropping of Betta Halasuru Metro station in Bengaluru

Karnataka high court declines to issue directions on dropping of Betta Halasuru Metro station in Bengaluru

Time of India4 days ago
Bengaluru: The Karnataka high court Wednesday declined to issue any direction regarding a public interest litigation (PIL) concerning the dropping of Betta Halasuru Cross Metro station along the Krishnarajapuram - Kempegowda International Airport route.
The question of whether the station is to be constructed at a particular place is not amenable to judicial review under Article 226 of the Constitution of India. The decision on the manner in which a Metro line is to be constructed lies solely in the reserve of the concerned authority, a division bench comprising Chief Justice Vibhu Bhakru and Justice CM Joshi observed in their order.
"We accordingly dispose of this petition by directing BMRCL to consider the representations filed by the petitioners," the bench further observed while disposing of the PIL filed by BG Nanjundappa and four others.
You Can Also Check:
Bengaluru AQI
|
Weather in Bengaluru
|
Bank Holidays in Bengaluru
|
Public Holidays in Bengaluru
The petitioners claimed they submitted a series of representations in April-May 2025 to the MD of BMRCL, deputy commissioner of Bengaluru urban district, chief minister, and revenue minister, but no action was taken over the same.
"Metro rail is constructed mainly for providing a speedy and convenient travel facility to the general public and reducing traffic. By dropping the proposed station at Betta Halasuru, the authorities are putting to inconvenience the people of about 20 villages and about 2 lakh people every day. Students, working-class people, and businessmen will have to use their own vehicles as there will be no Metro stations for about 8km," the petitioners stated in their PIL.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Sikh girl not allowed to take exam for wearing ‘kada', Badal writes to PM
Sikh girl not allowed to take exam for wearing ‘kada', Badal writes to PM

Time of India

timean hour ago

  • Time of India

Sikh girl not allowed to take exam for wearing ‘kada', Badal writes to PM

Chandigarh: Expressing grave concern over "growing incidents of disrespect and discrimination against the sacred symbols of the Sikh religion", Shiromani Akali Dal (SAD) president on Sunday urged Prime Minister Narendra Modi to "intervene directly to put an end to this painful chain of events in the country". Tired of too many ads? go ad free now In a letter to the Prime Minister, Badal sought to draw the PM's attention to an incident on Sunday in which a baptised Sikh girl, from Tarn Taran district, was reportedly stopped from entering the examination centre as a candidate for the Rajasthan Judicial Services at Poornima University, Jaipur, on the plea that she was wearing her sacred articles of faith – 'kada' and 'kirpan'. "This was a gross violation of her constitutional rights guaranteed under Article 25 of the Statute, and it denied her fundamental right to practise her religion. Article 25 of the Constitution specifically mentions 'kirpan' among other symbols of the Sikh religion, which are exempt from any bar even on flights," Badal said. He added in the letter to the PM, "It is shocking that rules, if any, are framed by lower authorities flouting the sacred Constitution of India. The govt of India should issue -- or, if necessary -- re-issue clear-cut guidelines to all states and Union Territories about the exemption to the inseparable articles of faith." Badal stated that it was "not a one-off incident but part of the ever-increasing number of examples of religious intolerance towards the uniqueness of Sikh identity. In a similar incident last year, two Sikh girls were stopped from appearing for Rajasthan Judicial Services (RJS) in an exam centre in Jodhpur." "Sikhs and their identity are inseparable, and this was duly acknowledged and constitutionally mandated for compliance for all purposes in the country by the Founding Fathers. Tired of too many ads? go ad free now But some officials at lower rungs deem themselves even above the Constitution. This must stop as this vitiates communal harmony in the country," Badal wrote in the letter to the PM. "You are personally aware of the profound spiritual and emotional significance of the Sikh religious symbols and what these mean to our devoutly religious and fiercely patriotic community. I request you to issue immediate directions for compliance to ensure full respect to these symbols at all levels across the country," the letter read. Badal also urged the Rajasthan high court to provide the victimised Sikh girl, Gurpreet Kaur, a special opportunity to appear for the RJS examination, ensuring her right to uphold her faith is respected. Earlier in the morning, the SAD president had taken to X, asking Rajasthan chief minister Bhajan Lal to take strict action against the guilty officials to ensure such incidents were not repeated in his state. Will Raise Issue in Parliament: Harsimrat Kaur Badal SAD MP from Bathinda, Harsimrat Kaur Badal, while condemning the incident as "unfortunate and discriminatory" and demanding strict action against officials who "barred" the girl from appearing in the examination, took to X and wrote, "I will definitely raise this issue in Parliament so that such incidents do not happen with our Sikh children in the future and a permanent solution is found."

Clearing the air on ‘citizenship' in Bihar poll roll revision
Clearing the air on ‘citizenship' in Bihar poll roll revision

The Hindu

time7 hours ago

  • The Hindu

Clearing the air on ‘citizenship' in Bihar poll roll revision

It is fundamental that unless a person is a citizen of India he cannot be an elector. Consequently, he cannot become a legislator also. Therefore, it is very surprising that some seasoned politicians have raised objections to the Election Commission of India (ECI)'s Special Intensive Revision of electoral rolls in Bihar (where Assembly elections are expected shortly) that citizenship should not be verified. It only demonstrates that they have absolutely no knowledge of the Constitution and the working of the system. Article 324 of the Constitution provides that the 'superintendence, direction and control of the preparation of Electoral roll and the conduct of all elections ... shall vest' in the Election Commission. The preparation of electoral rolls is a continuous process, and is revised from time to time irrespective of there being elections or no elections (Lakshmi Charan Sen and Ors Etc vs A.K.M. Hassan Uzzaman and Ors. Etc., AIR 1985 SC 1233). Clarity on being a citizen Article 326 of the Constitution of India provides that 'the Elections to the House of People and the Legislature of every State shall be on the basis of adult suffrage, that is to say, every person who is a citizen of India and who is not less than 18 years of age in such State, as may be fixed in that behalf, by or under any law made by the appropriate legislature and is not otherwise disqualified under this Constitution or any Law made by the appropriate Legislature' on certain grounds. Therefore, it is clear that unless a person is a citizen of India, he is not entitled to be registered as a voter in any election. Pursuant to the enabling provisions, Parliament enacted The Representation of The People Act, 1950, which deals with the preparation of electoral rolls and delimitation. The Preamble to the 1950 Act reads as follows: 'An Act to provide the allocation of seats in, and the delimitation of constituencies for the purpose of election to, the House of the People and the Legislatures of States, the qualifications of voters at such elections, the preparation of electoral rolls, the manner of filling seats in the Council of States to be filled by representatives of Union territories, and matters connected therewith.' Part-IIA of the 1950 Act deals with the Officers of the Commission which includes Electoral Registration Officers and Assistant Electoral Registration Officers. Part-IIB deals with Electoral Rolls for Parliamentary Constituencies and Part-III deals with Electoral Rolls for Assembly constituencies. Section 15 of the 1950 Act deals with preparation of Electoral Rolls for every Constituency under the superintendence, direction and control of the Election Commission. Section 16 of the 1950 Act deals with disqualifications for registration in an Electoral Roll, and in specific, Section 16(1)(a) provides that if a person is not a Citizen of India, he shall be disqualified for being registered as a voter. Further, Section 16(2) provides that the name of the person who is so disqualified, even if registered, shall be struck off from the electoral rolls. Besides this, Section 20 of the 1950 Act also provides who is 'ordinarily resident' in a constituency. Section 21 deals with preparation and revision of electoral rolls, while Section 22 deals with correction of entries in electoral rolls. Section 23 deals with the inclusion of names in electoral rolls, and Section 24 provides that if anybody is aggrieved by an order of inclusion or exclusion, they can prefer an appeal to the authority referred to in the Section. The only period during which no amendment, transposition or deletion is permitted, is referred to under Section 23(3) of the 1950 Act, which provides that no amendment, transposition, deletion or inclusion, shall be made after the last date for making the nominations for an election in that constituency. Therefore, it is fundamental that unless a person is a citizen of India, their name cannot be included in the electoral roll. And if it is erroneously included, it can be deleted under the provisions, as stated above. Under the duties of the Election Commission In fact, it is the duty of the ECI to verify whether the name of any non-citizen has been included in an electoral roll, if a complaint or doubt in this regard has been raised. In fact, to put it otherwise, the ECI or its officers, have no jurisdiction to include a non-citizen's name in the electoral roll; if it is so, it is null and void. Therefore, if an application is made for inclusion or a complaint is received that a non-citizen's name is included in the electoral roll, it is the duty of the ECI to conduct an inquiry as necessary to ensure that non-citizens' names are rejected and deleted from the list. If the ECI fails to do so, it would be failing in its constitutional duty and the purpose for which the power has been granted under Articles 324 and 326 would be defeated. In the same line, if you probe further, to be a Member of the Legislative Assembly or a Member of Parliament, one has to be a voter in a constituency; if he is not a citizen of India, he cannot be a member of Parliament or a State Legislature. In fact, Article 102 of the Constitution provides for disqualification of membership of either House of Parliament, while Article 191 provides the same for a State Legislature. It is very clear under Article 102(1)(d) that a person 'shall be disqualified for being chosen as and for being a member of either House of Parliament, if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State or if he is under acknowledgment of allegiance or adherence to a foreign State'. Article 191, which applies to the State Legislature, also provides the same. If someone contends that a non-citizen would be a voter, they are also contending that a non-citizen can be a member of Legislature, which is nothing but absurd. Therefore, if questioned, one has to prove to the satisfaction of the authority, that he is a citizen of India, and that he satisfies the provisions of The Citizenship Act, 1955. Though Section 7A of the 1955 Act provides for the registration of overseas citizens in India, Section 7B(2) of the said Act clearly provides that an Overseas citizen of India Cardholder shall not be entitled to the rights conferred on the citizens of India with regard to the registration of a voter. Therefore, the constitutional and statutory scheme clearly provides that unless a person is a citizen of India, his name cannot be included in the electoral roll. And even if he is included, the authority of the ECI can order deletion of their name under Section 16(2) of the 1950 Act. It is relevant to note the decision of the Supreme Court of India (reported in Dr. Yogesh Bhardwaj vs State Of U.P. And Ors, 1990 3 SCC 355), which dealt with admission in a medical college. In the said judgment, it has been observed in paragraph 20 that it is only lawful residence that can be taken into account, and if a man stays in a country in breach of immigration laws, his presence there does not constitute ordinary residence. The Aadhaar card and citizenship One more issue which has to be dealt with is whether any person who has an Aadhaar card can be a citizen of India. A reading of the provisions of The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, in particular, Section 9, clearly provides that the 'Aadhaar Number or the Authentication thereof, shall not, by itself, confer any right of, or be proof of, citizenship or domicile in respect of the Aadhaar number holder'. Section 3 of the Act, which deals with enrolment, only provides that 'every resident shall be entitled to obtain an Aadhaar number by submitting his demographic and biometric information by undergoing the process of enrolment'. Therefore, mere possession of an Aadhaar card is not proof of citizenship, and despite the constitutional requirements, if the names of foreigners are retained in the electoral roll, the rolls to that extent would be void ab initio. G. Rajagopalan is a senior advocate and, formerly, Additional Solicitor General

Badal condemns denial of entry to Sikh girl to Rajasthan exam centre for wearing kirpan, kara
Badal condemns denial of entry to Sikh girl to Rajasthan exam centre for wearing kirpan, kara

Time of India

time7 hours ago

  • Time of India

Badal condemns denial of entry to Sikh girl to Rajasthan exam centre for wearing kirpan, kara

Sukhbir Badal, Shiromani Akali Dal president, has condemned an incident in Jaipur where a Sikh girl was barred from a judicial services exam for wearing Sikh religious symbols. Badal cited a violation of constitutional rights and urged Prime Minister Modi to intervene, highlighting increasing disrespect towards Sikh identity. Tired of too many ads? Remove Ads Tired of too many ads? Remove Ads Chandigarh: Shiromani Akali Dal SAD ) president Sukhbir Badal on Sunday claimed a baptised Sikh girl from Punjab's Tarn Taran district was stopped from entering a centre for Rajasthan Judicial Services examination in Jaipur as she was wearing 'kara' and 'kirpan', both sacred articles of Sikh faith."This was a gross violation of her constitutional rights guaranteed under Article 25 and it denied her fundamental right to practise her religion. Article 25 of the Constitution specifically mentions 'kirpan' among other symbols of Sikh religion, which are exempt from any bar, even in flights," Badal said in a SAD chief expressed grave concern over "growing" incidents of disrespect and discrimination against the sacred symbols of Sikh religion, and urged Prime Minister Narendra Modi to intervene in the matter to put an end to this "painful chain of events" in the a letter, Badal drew Modi's attention to the latest incident in which Gurpreet Kaur from Tarn Taran was stopped from entering the examination centre in Jaipur."It is shocking that rules, if any, are framed by lower authorities flouting the sacred Constitution of India. The government of India should issue -- or, if necessary -- re-issue clear cut guidelines to all states and Union territories about the exemption to the inseparable articles of faith," Badal said in his letter to the prime Akali Dal chief said this was not a one-off incident but part of the ever-increasing number of examples of religious intolerance towards the uniqueness of Sikh a similar incident last year, two Sikh girls were stopped from appearing for the Rajasthan Judicial Services (RJS) exam in Jodhpur."Sikhs and their identity are inseparable and this was duly acknowledged and constitutionally mandated for compliance for all purposes in the country."But some officials at lower rungs deem themselves above the Constitution. This must stop as this vitiates communal harmony in the country," Badal also urged the Rajasthan High Court to provide the Sikh girl a special opportunity to appear for the RJS exam, ensuring that her right to uphold her faith is in the day, the SAD chief asked Rajasthan Chief Minister Bhajanlal Sharma to take strict action in the matter to ensure that such incidents are not repeated in his state.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store