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Time of India
3 days ago
- Politics
- Time of India
Indian Constitution: Chief Justice Gavai Acknowledges Constitution's Role in India's Unity During Crises, ET LegalWorld
The Constitution has ensured that whenever the country has faced a crisis, it has remained united and strong, Chief Justice of India (CJI) B R Gavai said on Saturday. The CJI was addressing a function after the inauguration of advocate chambers and multi-level parking at the Allahabad High Court here. "When the Constitution was being made and its final draft was presented before the Constituent Assembly, at that time some people used to say that the Constitution is too federal while some used to say that it is too unitary. "Babasaheb Bhimrao Ambedkar had replied that the Constitution is neither wholly federal nor wholly unitary. But one thing I can tell you is that we have given a Constitution which will keep India united and strong both in times of peace and war," CJI Gavai said. Advt Advt Join the community of 2M+ industry professionals Subscribe to our newsletter to get latest insights & analysis. Download ETLegalWorld App Get Realtime updates Save your favourite articles Scan to download App He said India has been on the path of development after independence due to the Constitution."Today we see what is the condition of our neighbouring countries. And India is making a journey towards development after independence. Whenever there has been a crisis in the country, it has remained united and strong. The credit for this should be given to the Constitution," he the 75-year journey of the Constitution coming into effect, the legislature, the executive and the judiciary have contributed a lot in bringing social and economic equality, he said."It is our fundamental duty to reach out to the last citizen of this country who needs justice. Be it the legislature, the executive or the judiciary, everyone has to reach out to that citizen," the CJI told the to the land reforms, he said some laws were brought under which land was taken from the landlord and given to the landless persons."These laws were challenged from time to time. Before 1973, the Supreme Court's view was that if there is a conflict between the Directive Principles and the Fundamental Rights, then the Fundamental Rights will prevail."Gavai said, "In 1973, a decision of 13 judges came that the Parliament has the right to amend the Constitution and for this, it can amend the Fundamental Rights, but it does not have the right to change the basic structure of the Constitution."The Chief Justice of India said that this bench had also said that both the Fundamental Rights and the Directives Principles are the soul of the of these are the two wheels of the golden chariot of the Constitution, if you stop one of these wheels, the entire chariot will said, "I have always been saying that the bar and the bench are two sides of the same coin. Unless the bar and the bench work together, the chariot of justice cannot move forward."Today the Allahabad High Court has given a good role model for the whole country in which the judges vacated 12 bungalows for the bar (for the construction of the complex) and took care of the convenience of their lawyer brothers."
Economic Times
3 days ago
- Politics
- Economic Times
Plea in SC claims 'sweeping' drive by Assam to deport persons suspected to be foreigners
Synopsis A plea has been filed in the Supreme Court alleging Assam government's indiscriminate detention and deportation drive of suspected foreigners without nationality verification or exhausting legal remedies. The petition highlights instances of 'push back' mechanisms, potentially rendering numerous Indian citizens stateless, violating constitutional rights. It seeks judicial intervention to ensure due process and verification before deportation. A plea has been filed in the Supreme Court alleging that the Assam government has reportedly launched a "sweeping and indiscriminate drive" to detain and deport persons suspected to be foreigners without nationality verification or exhaustion of legal remedies. ADVERTISEMENT The plea referred to a February 4 order of the apex court which, while dealing with a separate petition, directed Assam to initiate the process of deportation of 63 declared foreign nationals, whose nationality was known, within two weeks. "Pursuant to the said order (of February 4)... the state of Assam has reportedly launched a sweeping and indiscriminate drive to detain and deport individuals suspected to be foreigners, even in the absence of foreigners tribunal declarations, nationality verification, or exhaustion of legal remedies," said the plea filed by the All BTC Minority Students Union. The petition, filed through advocate Adeel Ahmed, referred to news reports including one about a retired school teacher who was allegedly "pushed back" into Bangladesh."These instances reflect a growing pattern of deportations conducted by the Assam Police and administrative machinery through informal 'push back' mechanisms, without any judicial oversight or adherence to the safeguards envisaged by the Constitution of India or this court," it plea alleged that this policy of "push back", being executed in border districts like Dhubri, South Salmara and Goalpara was not only legally indefensible but also threatens to render stateless numerous Indian citizens, especially those from poor and marginalised communities who were either declared foreigners ex-parte or have no access to legal aid to challenge their status. ADVERTISEMENT It said such actions were directly contrary to the fundamental rights guaranteed under the Constitution."The 'push back' policy, as implemented, violates Articles 14 and 21 of the Constitution by deporting individuals without due process, thereby denying them the opportunity to contest their deportation and infringing upon their right to life and personal liberty," the plea claimed. ADVERTISEMENT It alleged that the indiscriminate application of deportation directives, coupled with absence of proper identification, verification and notice mechanisms, has resulted in a situation where Indian citizens were being wrongfully incarcerated and threatened with removal to foreign territories without lawful plea sought a direction that no person shall be deported pursuant to the February 4 order without a prior reasoned declaration by the foreigners tribunal, without adequate opportunity of appeal or review and verification of nationality by the Ministry of External Affairs. It has also sought a declaration that the "push back" policy adopted by Assam was violative of Articles 14 (equality before law) and 21 (protection of life and personal liberty) of the Constitution and contrary to binding judicial precedents. (You can now subscribe to our Economic Times WhatsApp channel) (Catch all the Business News, Breaking News, Budget 2025 Events and Latest News Updates on The Economic Times.) Subscribe to The Economic Times Prime and read the ET ePaper online. NEXT STORY
India Today
4 days ago
- Politics
- India Today
Whenever India faces crisis, Constitution keeps it united and strong: Chief Justice
The Chief Justice of India (CJI) BR Gavai on Saturday said that whenever the country has faced a crisis, it has remained united and strong, and that the Constitution should be credited for Gavai was addressing a function after the inauguration of advocate chambers and a multi-level parking at the Allahabad High Court here."When the Constitution was being made and its final draft was presented before the Constituent Assembly, at that time some people used to say that the Constitution is too federal, while some used to say that it is too unitary," he "Baba Saheb Bhimrao Ambedkar had replied that the Constitution is neither wholly federal nor wholly unitary. But one thing I can tell you is that we have given a Constitution which will keep India united and strong both in times of peace and war," CJI Gavai said India has been on the path of development after independence due to the Constitution."Today we see what the condition is the condition of our neighbouring countries. And India is making a journey towards development after independence. Whenever there has been a crisis in the country, it has remained united and strong. The credit for this should be given to the Constitution," he said."It is our fundamental duty to reach out to the last citizen of this country who needs justice. Be it the legislature, the executive or the judiciary, everyone has to reach out to that citizen," the CJI told the InTrending Reel
Time of India
4 days ago
- Politics
- Time of India
Plea in SC claims 'sweeping' drive by Assam to deport persons suspected to be foreigners
A plea has been filed in the Supreme Court alleging Assam government's indiscriminate detention and deportation drive of suspected foreigners without nationality verification or exhausting legal remedies. The petition highlights instances of 'push back' mechanisms, potentially rendering numerous Indian citizens stateless, violating constitutional rights. It seeks judicial intervention to ensure due process and verification before deportation. Tired of too many ads? Remove Ads Tired of too many ads? Remove Ads A plea has been filed in the Supreme Court alleging that the Assam government has reportedly launched a "sweeping and indiscriminate drive" to detain and deport persons suspected to be foreigners without nationality verification or exhaustion of legal plea referred to a February 4 order of the apex court which, while dealing with a separate petition, directed Assam to initiate the process of deportation of 63 declared foreign nationals, whose nationality was known, within two weeks."Pursuant to the said order (of February 4)... the state of Assam has reportedly launched a sweeping and indiscriminate drive to detain and deport individuals suspected to be foreigners, even in the absence of foreigners tribunal declarations, nationality verification, or exhaustion of legal remedies," said the plea filed by the All BTC Minority Students petition, filed through advocate Adeel Ahmed, referred to news reports including one about a retired school teacher who was allegedly "pushed back" into Bangladesh."These instances reflect a growing pattern of deportations conducted by the Assam Police and administrative machinery through informal 'push back' mechanisms, without any judicial oversight or adherence to the safeguards envisaged by the Constitution of India or this court," it plea alleged that this policy of "push back", being executed in border districts like Dhubri, South Salmara and Goalpara was not only legally indefensible but also threatens to render stateless numerous Indian citizens, especially those from poor and marginalised communities who were either declared foreigners ex-parte or have no access to legal aid to challenge their said such actions were directly contrary to the fundamental rights guaranteed under the Constitution."The 'push back' policy, as implemented, violates Articles 14 and 21 of the Constitution by deporting individuals without due process, thereby denying them the opportunity to contest their deportation and infringing upon their right to life and personal liberty," the plea alleged that the indiscriminate application of deportation directives, coupled with absence of proper identification, verification and notice mechanisms, has resulted in a situation where Indian citizens were being wrongfully incarcerated and threatened with removal to foreign territories without lawful plea sought a direction that no person shall be deported pursuant to the February 4 order without a prior reasoned declaration by the foreigners tribunal, without adequate opportunity of appeal or review and verification of nationality by the Ministry of External has also sought a declaration that the "push back" policy adopted by Assam was violative of Articles 14 (equality before law) and 21 (protection of life and personal liberty) of the Constitution and contrary to binding judicial precedents.
Yahoo
23-05-2025
- Politics
- Yahoo
After St. Isidore ruling, Walters calls to support other legal fights in favor of state-funded religious schools, with a caveat
OKLAHOMA CITY (KFOR) — Although the U.S. Supreme Court has shut the door on Oklahoma's plan to launch a taxpayer-funded religious charter school, State Superintendent Ryan Walters says he will spare no expense to keep the legal fight in favor it, and similar fights, going—so long as the religion involved is one that meets certain 'criteria.'A 4-4 deadlock decision from the U.S. Supreme Court on Thursday leaves in place a prior Oklahoma Supreme Court ruling, which said launching the St. Isidore of Seville Catholic Virtual Charter School would violate both the state and federal would have been the first school of its kind in the a special-called news conference on Thursday, Oklahoma State Superintendent Ryan Walters said this fight in support of allowing the state to fund a religious school is nowhere close to being over.'Citizens' rights have been trampled,' Walters said. 'The Supreme Court has got it wrong. I believe this decision is antithetical to the religious freedoms in our U.S. Constitution.'Oklahoma's Republican Attorney General Gentner Drummond feels just the opposite.'I'm relieved that we continue to have freedom of religion in the United States,' Drummond told News 4 after the U.S. Supreme Court's decision on Thursday. United States Supreme Court decides St. Isidore of Seville Catholic Virtual School case in split 4-4 vote Be his disagreement with the state's top law enforcement officer, as it may, Walters says he's going to keep pushing onward.'We will continue to move forward to find any kind of avenue possible for this school and others like it to exist in Oklahoma,' Walters 4 asked whether he believes the legal fight will be worth the costs to Oklahoma taxpayers, Walters said, 'Oh, absolutely. I don't think you can put a price on religious liberty.'Because the U.S. Supreme Court deadlocked, it didn't issue a formal ruling either way on the St. Isidore case. That means, the Oklahoma State Supreme Court's earlier decision, which found the state constitution clearly bans taxpayer funding of religious schools, gets to stay in place. Walters sees a way around that.'We're also looking at a potential amendment to the state constitution,' Walters said. 'We should be crystal clear that funds can be spent for religious purposes.'The only way to amend the state constitution is through a statewide vote. In 2016, nearly 60% of Oklahoma voters rejected a proposed constitutional amendment that would have allowed the state to fund religious if voters were to reject the idea again, Walters said he would continue fighting to allow publicly-funded religious schools through other means.'What we've been looking at today are: What are the other ways that we can get this back to the Supreme Court?' Walters deadlock happened because U.S. Supreme Court Justice Amy Coney-Barrett recused herself from the St. Isidore case because she is a longtime friend of a lawyer who represented St. Isidore. Heated exchange as SCOTUS hears arguments on nations first religious charter school But if a similar lawsuit, potentially one from a different state, eventually reaches the court, Coney-Barrett could take part in the said he'd be open to supporting other states in such a lawsuit. 'Yes, we would,' Walters said. 'I mean, if it's a similar situation. Again, I'd need to see the specifics.' When News 4 asked Walters whether he would support a similar lawsuit involving an Islamic charter school, Walters did not give a direct yes or no answer. 'You're really wanting to get me on that one, aren't you?' Walters said. 'You're really wanting to get me to answer that one. Look, in our state, it's very clear. In our state, the criteria have to be met for you to be a charter. I'm not going to speak outside of Oklahoma, where, again, I've told you some states have some bizarre rules.'He continued by saying it would depend on the state and whether the school met the kind of criteria Oklahoma looks for in charter applications, such as a track record, community support, and academic 4 pressed Walters again about whether he would support an Islamic charter school in another state. Walters said, 'Well, that wouldn't meet our criteria. So I'm going to support what would meet Oklahoma's criteria. Our criteria has been very, you know, put together in the sense of—if you have that track record, if there's a history there, if you had the community support. And again, we haven't seen that here.'In a statement Thursday, Governor Kevin Stitt echoed Walters' calls to pursue further action and possibly bring a similar case back before the U.S. Supreme Court. 'This 4-4 tie is a non-decision,' Stitt wrote. 'Now we're in overtime. There will be another case just like this one, and Justice Barrett will break the tie. This is far from a settled issue. We are going to keep fighting for parents' rights to instill their values in their children and against religious discrimination.' Attorney General Drummond, who argued the case before the Oklahoma Supreme Court and led the state's fight to stop the plan, has long-warned that allowing Oklahoma to fund one religious school could open a Pandora's box, arguing if the state can fund one religious school, it would have to fund every religious school, including institutions like the Satanic Temple. Drummond celebrated the U.S. Supreme Court's split decision in an interview with News 4 on Thursday. 'I think it's remarkable. It's a great win for Oklahoma,' Drummond said. 'Every family can choose when to worship, with whom to worship and how to worship, and the state will not be involved in creating religion.' News 4 will continue to monitor whether any new cases are filed. 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