Latest news with #ConstitutionofIndia
Time of India
7 hours ago
- Politics
- Time of India
Judicial activism shouldn't turn into judicial terrorism or adventurism: CJI Gavai
1 2 3 Nagpur: Chief Justice of India (CJI) Bhushan Gavai on Thursday cautioned against judicial overreach, stressing that though judicial activism is bound to stay, but it should not be allowed to turn into judicial adventurism or judicial terrorism. Speaking at a grand felicitation by the District Bar Association (DBA) on the premises of the District and Sessions Court in Nagpur, Gavai emphasised the importance of maintaining constitutional boundaries between the three organs of democracy. "Every institution must function within the limits drawn by the Constitution. Parliament frames laws, the executive implements them, and the judiciary ensures they comply with constitutional principles. When the Parliament or assemblies enact laws that violate the Constitution of India, the judiciary can step in. But if the judiciary tries to interfere unnecessarily in the functioning of the other two pillars, that must be avoided," he said. The event was graced by Supreme Court justices Dipankar Datta, Prasanna Varale, and Atul Chandurkar, along with Bombay high court chief justice Alok Aradhe, senior administrative judge of Nagpur bench Nitin Sambre, senior judge Anil Kilor, and others. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Trade Bitcoin & Ethereum – No Wallet Needed! IC Markets Start Now Undo Justice Gavai's mother Kamaltai and wife Tejaswini also shared the dais. Recalling several milestones of his career, Gavai recounted his early reluctance to practise law and how the teachings of Dr BR Ambedkar and his father RS Gavai, a stalwart in social and political spheres, shaped his life. "From my childhood, I was exposed to Dr Ambedkar's ideals. My father would often say that one day his son would be the CJI, but sadly, he isn't here to see it. I am grateful that my mother is alive to witness this moment," he said emotionally. Paying rich tributes to Dr Ambedkar, he called the Indian Constitution a unique document. "It ensures social, financial, and political justice, along with liberty of thought and equality. I have always said that whatever I am today, it is because of the Constitution and Dr Ambedkar's vision," he said. Gavai also recalled unveiling Dr Ambedkar's statue and portrait at the Nagpur bench when he was the administrative judge. "But more than his portrait, what we need are his thoughts. They must guide us," he remarked. Describing the Nagpur bar as a secular and inclusive institution, he lauded DBA for never discriminating on the basis of caste and religion. He congratulated DBA secretary Manish Randive, and president Roshan Bagade, recalling how the latter became the association's first backward-class president. "Many small communities have produced lawyers today. I'm proud to be a member of this bar," he said. Gavai revisited significant cases, including a PIL he filed on behalf of a student from the Mehtar community in 1985, which led to a landmark high court decision allowing the student's admission — a moment he termed more satisfying than any financial gain. He also recalled being part of a plea that saved lakhs of slum dwellers from eviction in Mumbai after securing a stay in the Supreme Court within eight days. Highlighting the judiciary's constructive role, he credited public interest litigations (PILs) at the Nagpur bench for facilitating the new district court building and helping regulate slum settlements on zudpi jungle lands, safeguarding the right to livelihood. "Directive Principles and Fundamental Rights were carefully considered in these decisions," he noted. Gavai also fondly remembered his days as a DBA member, sharing anecdotes with justice Sambre and others during bar elections. He acknowledged legal luminaries from Nagpur like ex CJI Mohammed Hidayatullah, Bhausaheb Bobde, and VR Manohar, calling them 'legal eagles' and 'gifts from Nagpur to the judiciary'. "Like justice Datta said, my natural choice should be politics, but it was till 1990 before I decided to take up the legal profession," he said. "My father once told me, 'You can earn money as a lawyer, but as a judge, you can fulfill Babasaheb Ambedkar's dream of social and economic upliftment'," said the CJI, reflecting on his journey. Gavai, who credits his late father, veteran leader Dadasaheb Gavai, for shaping his path, also acknowledged the personal cost of his public role.
India Gazette
8 hours ago
- Politics
- India Gazette
Oppn train guns on RSS over call to remove
New Delhi [India], June 27 (ANI): Rashtriya Swayamsevak Sangh (RSS) general secretary Dattatreya Hosabale's comments pitching to remove the words 'secular and socialist' from the Preamble of the Indian Constitution has sparked massive outrage in the political circle with the opposition leaders and parties labelling it as an 'insult to the Constitution' and an attack on its framers, including Babasaheb Ambedkar. However, BJP leaders and alliance party Shiv Sena came to defend the RSS leader, reiterating their stand that secularism has been imported from the West and represents Western values and not Indian culture. Attacking the RSS, senior Congress leader Jairam Ramesh accused the Sangh of 'never accepting the Constitution'. He claimed that they have targeted framers of the Constitution since its inception for not being 'inspired by Manusmriti'. 'The RSS has NEVER accepted the Constitution of India. It attacked Dr Ambedkar, Nehru, and others involved in its framing from Nov 30, 1949, onwards. In the RSS's own words, the Constitution was not inspired by Manusmriti. The RSS and the BJP have repeatedly given the call for a new Constitution. This was Mr Modi's campaign cry during the 2024 Lok Sabha elections. The people of India decisively rejected this cry. Yet the demands for changing the basic structure of the Constitution continue to be made by the RSS ecosystem,' read a post by the Congress leader on X. KC Venugopal lashed out at Hosabale's statement, claiming that the leader's remarks were an insult to the Constitution, a rejection of its values, and a direct attack on the Supreme Court. 'A senior RSS member surely knows that the Supreme Court declared socialism and secularism to be part of the basic structure of the Constitution. Yet, to take this stand is a clear insult to the Constitution, a rejection of its values, and a direct attack on the Supreme Court of India as well,' he posted on X. Karnataka Chief Minister Siddaramaiah cautioned that the call for the removal of the words 'secular and socialist' must not be understood as a 'casual remark' but a 'long-standing agenda' to reshape the country's democracy. He highlighted RSS' persistent opposition to the mention of the terms secularism and socialism in the Constitution, which Siddaramaiah said were the 'core values of the constitution'. He added that it was a part of the long-standing agenda of the Sangh to reshape India's democracy within their ideological purview. 'The RSS has always opposed the core values of our Constitution - secularism and socialism. Now, their leaders are once again saying these words should be removed from the Preamble. This is not a casual remark - it is part of a long-standing agenda to reshape India's democracy in their ideological image,' the Karnataka CM posted on X. Focusing on the rights guaranteed by the Constitution to the marginalised communities, the Karnataka CM said, 'If not for these constitutional values, people like me would never have had the chance to study, speak, or serve. That is the power of justice, equality, and secularism.' Siddaramaiah explained that the original Preamble didn't include 'secular and socialist' since it was obvious that India would be a socially just democracy, and these terms were added later at a time when the RSS and its affiliates were attacking these values. Lok Sabha Leader of Opposition (LoP) Rahul Gandhi added to the criticism while stating that RSS intended to violate the rights of the marginalised and the poor while enslaving them. 'The mask of RSS has come off again,' he added. 'RSS-BJP doesn't want the Constitution. They want Manusmriti. They aim to strip the marginalised and the poor of their rights and enslave them again. Snatching a powerful weapon like the Constitution from them is their real agenda,' the Congress leader posed on X. On the other hand, BJP leaders, including Union Minister Shivraj Singh Chouhan and Union Minister Jitendra Singh, have come in defence of the remarks made by Hosabale, reiterating their argument that secularism was not fundamental to Indian culture and that 'any right-thinking person' would support such a demand as these terms were not part of the original Constitution. 'The basic sentiment of India is equality of all religions... Secularism is not the core of our culture. The word secularism was added (to our culture) during the Emergency. It should be removed... Live and let live is the basic sentiment of India... Therefore, there is no need for socialism here... There is no need for the word socialism (Samajwad) either. The country should think about this,' Chouhan told ANI. Singh emphasised that the words 'secular' and 'socialist' were added later, through the 42nd Amendment to the Constitution during the Emergency, and not by the original drafters. 'Dattatreya Hosabale has stated that the words 'secular' and 'socialist' were added to our Preamble after the Amendment. Dr Ambedkar has crafted one of the world's finest constitutions. If this was not his thinking, how did someone add these words?' the junior minister added. Shiv Sena leader Shaina NC extended support to Hosabale's suggestion while reiterating that the demand to re-examine the original draft prepared by Dr BR Ambedkar stems from the view that in a republic like India, invoking terms such as 'socialist or pseudo-secular' is no longer necessary. 'The RSS is demanding to look into the original draft of the Preamble by Dr BR Ambedkar, in which there is no mention of these words. And the socialism, secularism, that is actually a symbol of India or a symbol of civilisational ethos, then why was it not in the original draft?' Shaina NC questioned. This development comes after Hosabale questioned the legitimacy of including the terms 'socialist' and 'secular' in the Preamble of the Indian Constitution on Thursday while addressing a program on the 50th anniversary of the Emergency held at Dr Ambedkar International Centre, jointly organised by the Indira Gandhi National Centre for the Arts (under the Ministry of Culture), Ambedkar International Centre. He remarked that during the Emergency, terms like 'socialism' and 'secular' were forcibly inserted into the Constitution -- a move that needs to be reconsidered today. He emphasised that the Emergency wasn't just a misuse of power but an attempt to crush civil liberties. Millions were imprisoned, and freedom of the press was suppressed. He said that those who imposed the Emergency and trampled the Constitution and democracy have never apologised. If they cannot apologise personally, they should do so on behalf of their ancestors. (ANI)
Indian Express
8 hours ago
- Politics
- Indian Express
Uttarakhand High Court vacates stay on panchayat elections
Observing that the repetition of reservation in seats is minuscule and in compliance with Article 243D of the Constitution, the Uttarakhand High Court vacated the stay on panchayat elections and ordered that the process be resumed. The pleas, which prompted the stay on June 23, were by a clutch of petitioners arguing that the government's decision to nullify the existing reservation rotation for the panchayat polls and bring about a new rotation has prevented them from being able to contest. Under the reservation rotation system, constituencies are reserved for various categories for three terms, after which the quota goes to other seats. With a new rotation starting this year, the petitioner had said a seat that had been reserved for the last three terms would again be reserved this year, preventing him from contesting the election. The division bench of Chief Justice G Narender and Justice Alok Mahra heard the counsel for the government who argued that the repetition was conducted on the recommendations of a report by a committee and was in compliance with the provisions of Article 234 D of the Constitution (pertaining to the reservation of seat in Panchayati Raj system). While arguing, the counsel for the state had relied on the Supreme Court's verdicts on withholding elections. 'The apex court has held that withholding election is a breach of constitutional mandate, for any reason, and even the SC cannot do it, even under article 142. This constitutional mandate that elections should proceed at any cost is inviolable,' the Advocate General had said. On Friday, the HC said that the rulings of the Supreme Court that the counsel relied on elucidated one invariable rule that the constitutional courts may stall the election process where there is no compliance with the constitutional mandate regarding reservation under Article 243-D of the Constitution of India. Aiswarya Raj is a correspondent with The Indian Express who covers South Haryana. An alumna of Asian College of Journalism and the University of Kerala, she started her career at The Indian Express as a sub-editor in the Delhi city team. In her current position, she reports from Gurgaon and covers the neighbouring districts. She likes to tell stories of people and hopes to find moorings in narrative journalism. ... Read More
Time of India
13 hours ago
- Politics
- Time of India
'RSS never accepted Constitution': Political outcry over call to review 'secular' and 'socialist' in Preamble; opposition tags it 'largest casteist and hateful organisation'
Screenshot from the event. NEW DELHI: Opposition parties strongly criticised RSS general secretary Dattatreya Hosabale's suggestion to review 'socialist' and 'secular' words in the Preamble, viewing it as an attack on the Constitution's essence. At an Emergency-focused event, Hosabale had stated that these terms weren't in Ambedkar's original Preamble and suggested reconsidering their inclusion. Union minister Jitendra Singh supported this view, noting these weren't part of the original Constitution. The Congress and CPI(M) voiced strong objections following the RSS's proposal to review these terms, which were incorporated during the Emergency period and weren't in Ambedkar's original draft. Rahul Gandhi posted on X: "The Constitution irks them because it speaks of equality, secularism, and justice. The RSS-BJP doesn't want the Constitution; they want 'Manusmriti'. They aim to strip the marginalized and the poor of their rights and enslave them again. Snatching a powerful weapon like the Constitution from them is their real agenda." Kerala chief minister Pinarayi Vijayan criticised the move, noting the RSS' previous association with Indira Gandhi's government. "RSS General Secretary Dattatreya Hosabale's call to review secularism and socialism in the Indian Constitution is a brazen attempt to dismantle the core ideals of our Republic. Invoking the emergency to discredit these principles is a deceitful move, especially when the RSS colluded with the Indira Gandhi Government during that time for its own survival. To use that period now to undermine the Constitution reflects sheer hypocrisy and political opportunism. Secularism and socialism are not additions; they define India. Every citizen who believes in democracy must raise their voice against this communal agenda," he wrote on X. Left parties and RJD suggested this was part of a broader plan to alter the Constitution. Congress' Jairam Ramesh highlighted the BJP/RSS's historical opposition to the Constitution since November 30, 1949. Taking to X, Ramesh wrote, "The RSS has NEVER accepted the Constitution of India. It attacked Dr. Ambedkar, Nehru, and others involved in its framing from Nov 30, 1949 onwards. In the RSS's own words, the Constitution was not inspired by Manusmriti. The RSS and the BJP have repeatedly given the call for a new Constitution. " "This was Mr. Modi's campaign cry during the 2024 Lok Sabha elections. The people of India decisively rejected this cry. Yet the demands for changing the basic structure of the Constitution continues to be made by the RSS ecosystem. The Chief Justice of India himself delivered a judgment on November 25, 2024 on the issue now being raised by a leading RSS functionary. Would it be asking too much to request him to take the trouble to read it?" he added. The party's official stance emphasised their commitment to protecting constitutional values. K C Venugopal pointed out that the Supreme Court had established socialism and secularism as fundamental to the Constitution's structure. "The RSS' single-minded focus to destroy the Constitution is never hidden for too long. Beyond the BJP's lip service to the Constitution, their hidden agenda has always been to distort and destroy our Constitution - because it stands against the core fascist beliefs of the RSS-BJP. A senior RSS member surely knows that the Supreme Court declared socialism and secularism to be part of the basic structure of the Constitution. Yet, to take this stand is a clear insult to the Constitution, a rejection of its values, and a direct attack on the Supreme Court of India as well. The people of India know very well the devious means deployed by the RSS to spread poison and divide this country. We will never let them succeed in this mission, and will defend the Constitution to the hilt," wrote Venugopal. RJD president Lalu Prasad expressed concerns about threats to social justice and communal harmony. "The country's largest casteist and hateful organisation, RSS, has talked about changing the Constitution. They don't have the courage to even glance at the Constitution and reservations. Why do people with an unjust character harbour such hatred in their minds and thoughts towards democracy and Baba Saheb's Constitution?" wrote Lalu in Hindi. The CPI(M) Politburo issued a statement defending the inclusion of these terms as reflective of freedom fighters' core values. CPI general secretary D Raja emphasised the importance of defending the Constitution. BJP responded by accusing Congress of historical constitutional violations and called for acknowledgment of Emergency-era transgressions instead of creating diversions.
Mint
15 hours ago
- Business
- Mint
Indian states plan to borrow ₹2.87 trillion in the September quarter: RBI
As many as 26 state governments plan to borrow ₹ 2.87 trillion from the markets through securities during the September quarter, the Reserve Bank of India (RBI) said on Friday. It is higher than the ₹ 2.6 trillion states planned to borrow during the year-ago period. 'The actual amount of borrowings and the details of the States/UTs participating would be intimated ...two/ three days prior to the actual auction day and would depend on the requirement of the state governments/UTs, approval from the Government of India under Article 293(3) of the Constitution of India and market conditions,' the RBI statement said. 'The RBI would endeavour to conduct the auctions in a nondisruptive manner, taking into account the market conditions and other relevant factors and distribute the borrowings evenly throughout the quarter,' it added. Typically, states rely on low-cost or interest-free funds in the first half of the fiscal year, such as their tax revenues, central tax devolution, GST compensation, and interest-free loans from the Centre, before turning to market borrowings. So their market borrowing during the second half of the year rises compared to the first half. The combined budgets of 26 Indian states are projected to reach ₹ 70.6 trillion in 2025-26, accounting for 19.8% of their aggregate gross state domestic product (GSDP), according to a recent report by Bank of Baroda. This marks an increase from ₹ 64.5 trillion in 2024-25, which represented a slightly higher 20.2% of GSDP. Despite the higher overall outlay, the report released on 21 June noted that both revenue and capital expenditure are expected to moderate in 2025-26, suggesting a more restrained fiscal approach by state governments.
