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8Nov

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AMU ‘Chaman’ For Minorities Or Everyone? A Look At Aligarh Muslim University Status Since 1947

In the seven-judge Supreme Court bench judgment read out by Chief Justice of India DY Chandrachud on his last day at work, it was spelt out that Aligarh Muslim University (AMU) can be declared as a minority institute. The bench gave a 4:3 judgment in favour of the institute's status to be claimed as a minority, while overruling the 1967 SC Judgment in S Azeez Basha vs Union Of India case that said an institution incorporated by a statute cannot claim to be a minority institution. Whether AMU is a minority institution will now be decided by a three-judge bench based on the apex court's view shared on Friday (November 8, 2024). Today's judgment by CJI Chandrachud paved the way for AMU to claim the minority status, which was earlier not possible as per the 1967 SC verdict. Based on the 4:3 de...

8Nov

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Politics

On His Last Day In SC, CJI Chandrachud-Led Bench Paves Away For AMU Minority Status

The Supreme Court of India on Friday announced its verdict on whether the Aligarh Muslim University (AMU) enjoys minority status under Article 30 of the Constitution or not. Article 30 empowers religious and linguistic minorities to establish and administer educational institutions. In the key judgment the Supreme Court overruled its 1967 decision, which held that Aligarh Muslim University can't claim minority status as it was created by a statute. However, the final judgment on whether AMU would enjoy 'minority' status will be decided by a regular bench. This three-judge bench will determine whether it was 'established' by a minority. While AMU does not have a reservation policy according to the state, its internal policy reserves 50% of the seats for students passing from its affiliated ...

3Nov

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Opinion

A step forward in removing caste bias from India’s prisons

In a recent interview with a lead news portal, journalist Sukanya Shantha remarked that caste remains conspicuously absent from mainstream discussions about Indian prisons. She, along with lawyer Disha Wadekar, petitioned the Supreme Court of India last year, resulting in the landmark ruling in Sukanya Shantha vs Union of India and Ors., which struck down provisions in various State prison manuals that legitimised caste-based discrimination. In several States, prisoners are still assigned work based on caste. Prisoners from certain ‘suitable’ communities — those deemed accustomed to performing ‘menial’ or ‘impure’ duties — are tasked with cleaning latrines or sweeping, while those from ‘higher castes’ are given more ‘dignified’ roles such as cooking. In its judgment, the Court condemne...

31Oct

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Opinion

Tackle the issue of adjournments, case pendency

‘The poor and the rural population suffer injustice silently rather than going to the courts out of a fear of the delay in getting the cases resolved’ | Photo Credit: Getty Images The President of India, Droupadi Murmu, recently said that the culture of judicial adjournments should go. She highlighted this while speaking at the valedictory session of the two-day National Conference of District Judiciary, organised by the Supreme Court of India, in New Delhi in September. She further said that the poor and the rural population suffer injustice silently rather than going to the courts out of a fear of the delay in getting the cases resolved.The concern raised by the President is genuine. And it needs to be addres...

29Oct

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Opinion

The under-representation of women in the judiciary

The absence of women in the judicial system, which is glaring and widely discussed, almost always revolves around entry-level measures that are aimed at ensuring that more women enter the profession as lawyers/ judges. While such entry-level measures are necessary, it is crucial to recognise that this is insufficient to ensure the continued support and encouragement and retention of women in the judiciary.The Supreme Court of India’s “State of the Judiciary” report (2023) showed 36.3% of women in the district judiciary, which is heartening. In 14 States, more than 50% of candidates successfully recruited into the civil judge (junior) division were women. However, at the higher levels, the representation of women in the judiciary falls short. As of January 2024, only 13.4% of judges in the ...

28Oct

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Opinion

Beyond intoxication: On alcohol regulation, judicial verdict

In holding that the term ‘intoxicating liquors’ in the State List includes alcohol used for industrial purposes, the Supreme Court of India has given a boost to the federal principle behind the distribution of powers between the Centre and the States. A nine-judge Bench has clarified the scope of Entry 8 in the State List under the Seventh Schedule in the Constitution to cover both ‘potable alcohol’ and alcohol that can be used to the detriment of public health. It takes in its fold the entire gamut of activities involving the production, sale and distribution of alcohol products, covering rectified spirit, extra neutral alcohol and denatured alcohol. In other words, the entry is not limited to the popular understanding of intoxicating liquor as alcoholic beverages consumed by people. The ...

25Oct

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Opinion

Move on madrasas, the alienation of Muslims

“The Arabic word ‘madrasa’ means school and nothing else” | Photo Credit: Getty Images/iStockphoto As the Supreme Court of India has stayed the recommendations of the National Commission for Protection of Child Rights (NCPCR) to stop government funding to madrasas (which are not compliant with the Right to Education (RTE) Act, 2009 and to conduct an inspection of all madrasas) as well as subsequent actions taken by the Centre and various States, there is mild relief for the minorities and secular-minded people of the country. But the apprehension triggered by the move remains.The NCPCR’s initiative is apparently guided by the ideology propounded by Bunch of Thoughts by M.S. Golwalkar. That ‘vicharadhara’ declar...

22Oct

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Opinion

Culture and society: The Hindu Editorial on upholding Section 6A of the Citizenship Act

In upholding Section 6A of the Citizenship Act, a provision introduced in 1985 to give effect to the core feature of the Assam Accord, the Supreme Court of India has helped preserve the existing legal regime for determining citizenship and identification of foreigners in Assam. Striking it down would have had the undesirable consequence of turning the clock back on the process laid down in statutory provisions and rules for the purpose. In its 4:1 decision, the Court has rightly seen the provision in the light of historical developments. While on one hand, Section 6A conferred deemed citizenship on all those who entered Assam from areas in erstwhile East Pakistan before January 1, 1966, it created, on the other, a system of registration for those who immigrated from that day to March 25, 1...

19Oct

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Opinion

A perilous highway to salvation in the Himalayas

The 900-kilometre long, 12-metre wide, two-lane Char Dham Highway Project to boost religious tourism to four shrines will end up as an endeavour with catastrophic consequences for the mountain ecology. The conclusions of a scientific paper written recently by a group of authors led by Jürgen Mey of the Institute of Environmental Science and Geography, University of Potsdam, Germany, confirm the worst fears expressed by the experts. This supposedly all-weather road project, at an outlay of ₹12,000 crore, was initiated despite intense opposition by environmental organisations in Uttarakhand, who called it unscientific.Domino effect The paper presents the study results of fully or partially road-blocking landslides between Rishikesh and Joshimath, along National Highway (NH-7) in Uttarakhand....

18Oct

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Politics

No illegal detention in Sadhguru’s Isha Ashram, Tamil Nadu police tells Supreme Court | Coimbatore News – Times of India

Police team visited the Isha Foundation on Oct 1 for an inquiry. CHENNAI: The two women, Geetha, 42, and Latha, 39, were not illegally confined in Isha Ashram in Coimbatore, according to the written submission by the women monks, who were christened as Maa Mathi and Maayu. The police team, led by assistant Superintendent of Police Shristi Singh, inquired about the two siblings on Oct 2. The two sisters claimed they were in good physical and psychological condition.The issue came to light after Geetha’s father, a retired professor named Kamaraj, filed a Habeas Corpus Petition (HCP) before the Madras high court to produce his two daughters, Geetha and Latha, who he alleged were forcibly detained at the Isha Foundation. He also claimed in his petition that his younger daughter, Latha alias Ma...

10Oct

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Opinion

Sweet and sour: On the laddu ‘adulteration’ case

Last week, the Supreme Court of India rightly asked the petitioners in the case of the alleged adulteration of ghee used in the famed Tirupati laddu prasadam not to make the Court a “political battleground”, but the issue is unlikely to remain one about ensuring quality control of a food item associated with pomp and sanctity. By appointing an “independent Special Investigation Team (SIT)” under the direct supervision of the Director, Central Bureau of Investigation (CBI), the Court deftly made the Centre accountable in ensuring an impartial inquiry. But given the composition of the five-member SIT — two CBI officials, two Andhra Pradesh police officers and a domain expert from the Food Safety and Standards Authority of India (FSSAI) — questions are likely to be raised about its neutrality...

28Sep

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Opinion

Delay and bail: On former Tamil Nadu Minister V. Senthilbalaji’s case

Bail is no boon. It is a routine relief for anyone arrested and kept in custody to give the investigating agency enough time to gather evidence about an offence without the risk of interference by the suspect. In fraught times when agencies are seen as political weapons of the ruling dispensation, the release of a political functionary such as former Tamil Nadu Minister V. Senthilbalajion conditional bail becomes a cause for celebration among his party colleagues. The allegations against him are quite serious, and a spell of imprisonment once a serious investigation was taken up was not surprising. However, his prolonged incarceration on the charge of money laundering gave the criminal proceedings against him a political colour. After over 15 months, he has obtained bail from the Supreme C...

27Sep

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Opinion

Judge and prejudice: On conduct in judicial proceedings

The Supreme Court of India has rapped judges over the knuckles, asking them to refrain from making “casual observations” that reveal their communal bias or misogyny. Judicial proceedings are live-streamed in some courts across the country, with a wide reach beyond the four walls of a courtroom, and the top court was firm that judges, and everyone in the judicial fraternity, must be aware of the responsibility and act accordingly. The “heart and soul of judging is to be fair”, it observed, and noted that judges must strictly adhere to the values laid down by the Constitution, and not be guided by prejudice. Taking suo motu cognisance of video clips featuring Karnataka High Court Judge V. Srishananda and his sexist comments to a woman lawyer on two separate judicial proceedings, a five-judge...

25Sep

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Opinion

It is an offence: On Supreme Court clarification on online content on child sex abuse

The Supreme Court of India’s clear delineation of the penal consequences of accessing or storing sexual material concerning children is in complete consonance with the letter and spirit of the Protection of Children from Sexual Offences (POCSO) Act. Demonstrating an enlightened approach to the social questions that arise from the proliferation of online content featuring sexual exploitation of children, a three-Judge Bench has not only clarified the law but also drawn pointed attention to the legislative intent of presuming the culpable mental state of a person accessing and viewing such material. The Court has also advocated that the term ‘child pornography’ be avoided in both the law and in court verdicts, as it appears to trivialise the enormity of the offence of exploiting children to ...

24Sep

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Opinion

India’s defence exports and humanitarian law

‘The issue that the PIL raised is a normative one that goes beyond Israel’ | Photo Credit: Getty Images/iStockphoto The Supreme Court of India, earlier this month, dismissed a public interest litigation (PIL) asking that the central government be directed to stop exporting defence equipment to Israel as Tel Aviv is allegedly committing war crimes in Gaza. The top court refused to intervene, reportedly because foreign policy is not its domain. However, the issue that the PIL raised is a normative one that goes beyond Israel. It must be clearly understood given India’s aspirations to become a major defence exporting nation.It is critical to recall that quite a few countries have curbed defence exports to Israel. For instance, a court in the Netherlands ordered the Dutch government to block t...

18Sep

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Opinion

A way out: On the government and doctor-led protests in West Bengal

After five attempts, the Mamata Banerjee government finally managed to hold talks with protesting junior doctors on September 16, 2024. Conceding to most of their demands, which included a call to replace the Kolkata Police Commissioner and several Health Department officials, the Chief Minister urged them to join duty for the sake of the people. Seeking justice for the rape and murder of a colleague on August 9, the doctors have been on a cease work agitation, which, with the support of civil society and other grassroots organisations, has morphed into a people’s movement. Besides several ‘reclaim the night’ marches and other rallies, the doctors have laid siege to Swasthya Bhavan or the Health Secretariat, not calling off the protest even during two days of pelting monsoon rain. People f...

‘Issue of liberty’: SC grants bail to Kejriwal in liquor policy case, deems CBI custody ‘unjustified’

13Sep

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Fashion

‘Issue of liberty’: SC grants bail to Kejriwal in liquor policy case, deems CBI custody ‘unjustified’

New Delhi: The Supreme Court has granted bail to Delhi Chief Minister Arvind Kejriwal in the case filed by the Central Bureau of Investigation pertaining to the 2021-22 Delhi excise policy. Kejriwal is now set to walk out of jail as he had been granted interim bail in July in the money laundering case registered by the Enforcement Directorate. He had challenged the Delhi High Court’s verdict on 5 August that had upheld his arrest by CBI, calling it “legal”. Justices Surya Kant and Ujjal Bhuyan gave separate opinions in the case Friday, while jointly agreeing that the Delhi chief minister should get regular bail. Show Full Article Justice Kant said that the basic principle behind his decision was the “issue of liberty”, which is “integral to a sensitised judici...

13Sep

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Opinion

Putting the brakes on ‘bulldozer justice’

The thread in extra-legal demolitions carried out across different parts of India is a lack of due process and a blatant disregard for directives issued by the judiciary in the pastSource link

4Sep

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Opinion

Demolition squad: On the Supreme Court and ‘bulldozer justice’

In raising questions about the legality of the demolition of houses belonging to alleged offenders, the Supreme Court of India has articulated a valid and widespread concern about the use of the bulldozer as a form of retribution. The targeted demolition of Muslim houses has become part of the governance model in BJP-ruled States and if the Court can end the impunity with which these extra-legal measures are used by those in power, it would be a wholesome intervention. As Justice B.R. Gavai, heading a Division Bench with Justice K.V. Viswanathan, remarked, the law indeed does not permit anyone’s home to be demolished just because they are accused in a case, and it cannot happen even in the case of a convict. The judiciary cannot be oblivious to the political symbolism that the bulldozer ha...

2Sep

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Politics

The New Supreme Court Flag: Decoding Historical Significance & Symbolism

The Supreme Court of India got its own flag on September 1. The flag was unveiled at the two-day National Conference of the District Judiciary held on 31st August and 1st September, 2024. The conference was inaugurated by Prime Minister Narendra Modi, at Bharat Mandapam. PM Modi released a Coin and Postage Stamp to commemorate 75 years of the establishment of the Supreme Court. Chief Justice of India DY Chandrachud was also present at the occasion with several other dignitaries. President Droupadi Murmu unveiled the navy blue coloured flag that features the Ashoka Chakra, the building of the Supreme Court, and the Constitution of India. The insignia on the flag has ‘Supreme Court of India’ and ‘Yato Dharmastato Jayah’ inscribed on it. This new flag and the insignia, was conceptualised by t...

31Aug

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Politics

75 Years Of Supreme Court: PM Modi To Inaugurate National Conference of Judiciary Today

Prime Minister Narendra Modi is scheduled to inaugurate the National Conference of District Judiciary at the Bharat Mandapam in New Delhi on Saturday. On the occasion, the Prime Minister will also unveil the stamp and a coin commemorating 75 years of the establishment of the Supreme Court of India. The programme is set to start around 10 am, according to the Prime Minister's office. "Tomorrow, 31st August, at around 10 AM, I will inaugurate the National Conference of District Judiciary at Bharat Mandapam. During the programme, a special stamp and coin marking 75 years of the Supreme Court of India will also be unveiled," PM Modi said in a post on X. As per an official release, the two-day conference, organised by the Supreme Court of India, will host five working sessions that will delib...