Powers of Waqf Board were unconstitutional: V. Muraleedharan
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First Post
28 minutes ago
- First Post
Mohammad Hidayatullah: The only Indian vice-president who also officiated as President and CJI
As India's second-highest office falls vacant with the resignation of Jagdeep Dhankhar, history recalls the only man to have held the top three read more In an unprecedented development in India's constitutional history, Vice President Jagdeep Dhankhar tendered his resignation, citing health-related reasons. His exit from the second-highest constitutional office marks the first time a sitting vice president has voluntarily stepped down before completing the term. The resignation has created a temporary vacancy in the Rajya Sabha chair and prompted fresh discourse on constitutional succession. The Ministry of Home Affairs confirmed the resignation under Article 67A of the Indian Constitution, with immediate effect. Following the announcement in the Rajya Sabha by BJP MP Ghanshyam Tiwari, Deputy Chairman Harivansh Narayan Singh assumed responsibility for chairing proceedings. STORY CONTINUES BELOW THIS AD This development brings to mind a moment from 1969, when India faced a similar constitutional gap and a remarkable figure—Mohammad Hidayatullah—rose to fill it. A stalwart of the Indian judiciary and polity, Hidayatullah remains the only individual in Indian history to have held the offices of Chief Justice of India (CJI), Acting President, and Vice President. A star in the Indian judiciary Hidayatullah was elevated to the position of Chief Justice of India in February 1968, under Article 124 of the Constitution. He was the first Muslim to hold the post and earned respect for his sharp constitutional insights and erudition. Assuming the presidency in a time of crisis The summer of 1969 brought a constitutional conundrum. President Zakir Husain passed away in office and Vice-President VV Giri stepped in as acting president. However, when Giri resigned to contest the presidential election, both the top posts stood vacant. Under the provisions of Article 65 and the President (Discharge of Functions) Act, 1969, Chief Justice Hidayatullah was called upon to act as the President of India from July 20 to August 24, 1969. This was a moment of historical significance. It was the first and only time the chief justice had to act as the president due to vacancies in both the president and vice-president's offices. The Constitution, in its foresight, allowed for such an eventuality, highlighting the depth and resilience of India's legal framework. Vice-presidential tenure After retiring from the judiciary, Hidayatullah remained an influential figure in public life. In 1979, he was elected unopposed as the sixth Vice President of India, serving until 1984. His election was guided by Articles 63 to 68 of the Constitution, which regulate the post. During his tenure, he again briefly served as 'Acting President' in 1982 when President Zail Singh was abroad, reiterating his unique role in India's constitutional machinery. Landmark judgments and legal philosophy Hidayatullah's legacy as a jurist is rich with landmark cases and scholarly judgments. In the Golaknath vs State of Punjab case, he opposed Parliament's unrestrained power to amend the Constitution, especially concerning Fundamental Rights. His judgment in Ranjit D Udeshi vs State of Maharashtra also set important boundaries around freedom of expression and obscenity laws. His opinions combined legal precision with literary elegance, reflecting his vast intellectual horizon. Beyond the courtroom Hidayatullah remains a towering figure whose constitutional journey is unmatched. His ability to serve in the judiciary's highest post, temporarily hold the presidency and later serve as vice president highlights the flexibility of India's constitutional provisions and the depth of leadership they can foster. At a moment when India's vice-president's office stands vacant, reflecting on Hidayatullah's legacy provides both historical perspective and institutional reassurance. STORY CONTINUES BELOW THIS AD
Indian Express
28 minutes ago
- Indian Express
Income Tax Appellate Tribunal dismisses Congress appeal against Rs 199 crore tax assessment
Denying relief to the Indian National Congress, the Income Tax Appellate Tribunal (ITAT) on Monday dismissed an appeal by the party against a tax demand of ₹199.15 crore for the year 2018-19. Late return filing and violations of cash donation limits were among the main grounds due to which the ITAT rejected the party's claim for tax exemption. 'The assessee's return filed on 02.02.2019 is not within the 'due' date to make it eligible for the impugned exemption,' ruled the coram on July 21. The INC had filed its income tax return on February 2, 2019 – over a month after the extended due date of December 31, 2018, prescribed under the IT Act. It had declared income after claiming an exemption of Rs. 199.15 crores. Another issue that the ITAT looked at was a violation of cash donation limits. According to scrutiny proceedings, the party had received ₹14.49 lakh in cash donations exceeding ₹2,000 from various individuals. Donations above ₹ 2,000 can only be received through banking channels like account payee cheques or electronic transfers as per the Finance Act, 2017. 'As per section 13A(d) of the Act, donation in excess of ₹2,000/- is mandatorily be received through a/c payee cheque/draft or through electronic mode and therefore donation in excess of ₹2,000/- received in cash violates provisions of clause (d) of first proviso to section 13A of the Act,' the ITAT order stated. The Congress tried to find respite in Section 139(4) of the IT Act which states that if an individual misses the ITR filing deadline, they can still file a belated return, subject to penalties. The ITAT, however, denied it relief. '…it is manifestly clear that the legislature has incorporated the statutory expression therein as 'within the time allowed under that section' i.e. section 139(1) as well as u/s 139(4)…we thus reject the assessee's instant first and foremost substantive grievance in very terms and decide the above first question framed between the parties; in the department's favour,' the tribunal ruled.
The Hindu
28 minutes ago
- The Hindu
Farmers stage protest, seek clearance for Kalasa Banduri Project
Farmers under the aegis of Kalasa Banduri Horata Samiti staged a demonstration in front of the office of Union Minister for Consumer Affairs Pralhad Joshi in Hubblali on Monday demanding early clearance for the Kalasa Banduri Nala Project. The farmers, led by samiti president Vijay Kulkarni and others, took exception to the delay in giving environment and forest clearance to the project which has been pending for long. The protestors said that Goa is unnecessarily creating hurdles to the project even after the Mahadayi Water Dispute Tribunal allocating water to Karnataka for utilisation through diversion of water from the Mahadayi basin to the Malaprabha basin. They urged Mr. Joshi to prevail upon the Union government in getting the required clearance for the project. They subsequently submitted a memorandum on behalf of the samiti to MLA Mahesh Tenginakai and the former Minister C.C. Patil who visited the spot. Samiti vice-president Babajan Mudhol and others led the protest.
