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India Today
21 minutes ago
- India Today
Top court questions Governors' powers, federal harmony in handling state bills
The Supreme Court on Wednesday questioned whether the country has lived up to the expectations of the Constitution's framers regarding harmony between the governor and the state government, as well as consultation on various issues between the two power observation came from a five-judge Constitution bench headed by Chief Justice BR Gavai, during the hearing of a Presidential Reference seeking clarity on the powers and discretion of governors and the president in dealing with Bills passed by state General Tushar Mehta, appearing for the Centre, referred to the Constituent Assembly debates on the appointment and powers of governors. He argued that the post is not a political refuge for retired politicians but carries significant responsibilities under the Constitution. "Governors are not just postmen. They represent the Union of India. An individual who is not directly elected is no less than those who are," he told the emphasised that governors are expected to act with discretion, including options to pass, withhold, or refer a bill, but within the constitutional framework. He clarified that withholding a bill does not mean killing it bench, comprising Justices Surya Kant, Vikram Nath, PS Narasimha, and AS Chandurkar, engaged in a detailed discussion on Articles 200 and 201 and the federal structure envisaged by the Constitution. Justice Narsimha asked the Solicitor General to consider the constitutional use of the word "withhold", noting that it appears in multiple places in the court also explored whether governors, despite disagreeing with a bill, are obligated to exercise discretion in the first instance, or whether they have other options, with Mehta emphasising that governors have several courses of action but discretion must be exercised according to constitutional Solicitor General referred the court to Constituent Assembly debates, including remarks by Jawaharlal Nehru, highlighting that governors were envisioned as eminent individuals, sometimes from outside active politics, who could cooperate with the government while remaining slightly above party an arrangement, Mehta argued, would ensure smoother functioning of democratic machinery than if governors were entirely partisan. The court noted the influence of the American system in these debates and the ongoing litigation that has arisen from ambiguity in gubernatorial top court also addressed the long pendency of bills with governors, noting that some legislation has remained pending since 2020. Mehta submitted that imposing fixed timelines on governors and the president would amount to one organ of government assuming powers not granted by the Constitution, potentially leading to "constitutional disorder".He clarified that the government does not seek to confer absolute discretion on governors to reject bills, but rather to interpret their constitutional powers the hearing, the bench observed that the Presidential Reference would be considered in advisory jurisdiction and not appellate jurisdiction. President Droupadi Murmu had invoked Article 143(1) to seek clarity on whether judicial orders could impose timelines for the exercise of discretion by the president on bills reserved by reference followed an April 8 ruling on Bills from the Tamil Nadu Assembly, which had prescribed a three-month timeline for presidential action on Bills reserved by also walked the court through the drafting of the office of governor in the Draft Constitution, noting proposals that initially considered direct election by the highlighted the historical significance and sanctity of the governor's office, clarifying that it is not an asylum for retired politicians. He also noted that debates on provincial versus central supremacy aimed to ensure a balanced federal framework and harmonious relations between governors and elected state bench probed the practical impact of gubernatorial discretion, asking whether a government elected with a majority would be at the whims of a governor. Mehta responded that all powers are granted by the Constitution and that discretion must be exercised within legal cited examples during the COVID-19 pandemic when, irrespective of the party in power at the Centre, state governments and the PM coordinated effectively, showing how democratic functioning accommodates differing power centres while maintaining cooperation.- Ends advertisement
Time of India
31 minutes ago
- Time of India
Espionage link: 30-year-old detained in Jaisalmer for 'spying' for Pakistan; fourth case reported in district
Jivan Khan (left) detained by police (Image: Screengrab from ANI video) NEW DELHI: A 30-year-old man suspected of spying for Pakistan has been detained on Wednesday in Jaisalmer. The man, identified as Jivan Khan from the Sankada area, was caught by Military Intelligence (MI) and later handed over to Kotwali police. Officials said Khan had previously worked at a restaurant inside the military area in Jaisalmer. On Tuesday, he was stopped at the Army station gate while trying to enter the premises. His mobile phone was checked due to suspicious activity, after which MI officers took him into custody. During questioning, Khan reportedly admitted that he has relatives in Pakistan. He will now be presented before the Joint Interrogation Centre (JIC), where multiple security agencies are expected to question him further. Briefing about the arrest, SP Jaisalmer Abhishek Shivhare said, "One suspicious person has been detained and is being taken for investigation. It has been revealed that he communicated with someone in Pakistan. His mobile phone is currently under investigation... Other agencies have also been instructed to verify him through their private contractors... He worked as a cook for a long time and is currently employed at a hotel. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 1 Reason to Read The 5 Books American Investor Warren Buffett Recommends For Turning Your Life... Blinkist: Warren Buffett's Reading List Undo .. We are also instructing companies here to conduct police verification through their private labourers and contractors." This is the fourth suspected case of spying in Jaisalmer. Earlier, on August 13, a contractual manager at the Defence Research and Development Organisation (DRDO) guest house near the Chandan Field Firing Range was arrested on charges of spying for Pakistan's intelligence agency, ISI. According to Rajasthan CID (Security), the accused, Mahendra Prasad from Almora, Uttarakhand, had been in contact with Pakistani agents through social media. He was allegedly sharing sensitive details about the movement of DRDO scientists and Army officers involved in missile and weapons testing at the firing range.
Hindustan Times
37 minutes ago
- Hindustan Times
Trump Administration to Screen Immigrants for ‘Anti-American' Views
U.S. Citizenship and Immigration Services, the primary agency in charge of legal immigration, said Tuesday that its officers should give significant weight to evidence that an immigrant 'has any involvement in anti-American or terrorist organizations' when reviewing residency, work and visa applications. When it comes to what registers as anti-American ideology, the updated guidance points to a provision of immigration law dating back to the Cold War that prohibits immigrants from becoming U.S. citizens if they are members of communist or anarchist organizations. It doesn't specify the range of speech the administration would categorize as anti-American. The Department of Homeland Security didn't respond to a request for clarification. 'America's benefits should not be given to those who despise the country and promote anti-American ideologies,' USCIS spokesman Matthew Tragesser said Tuesday. Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, a national immigrant advocacy group, said relying on broad phrases to determine eligibility to live and work in the U.S. could be problematic. 'The term anti-American is ill-defined and malleable,' he said. 'What one person may consider anti-American another person might consider pro-American.' The latest directive builds on the agency's April announcement that it would screen immigrants' social media for evidence of antisemitism. As part of that shift, many immigrants, including those applying for tourist or student visas to the U.S., must now submit their social-media handles and make their profiles public for officers to review. It is another step in the Trump administration's goal of not only reducing overall immigration levels, but also in shaping the types of immigrants permitted to come to the country. The administration has also used allegations of anti-American and antisemitic activity against students who have participated in pro-Palestine protests. The administration also tightened citizenship standards last week in a separate policy memorandum that said applicants will need to prove 'good moral character.' That includes contributing to the community, having a good education, holding down a job and paying taxes on time, according to Homeland Security. Write to Jack Morphet at Victoria Albert at and Michelle Hackman at
