Latest news with #Constitutional
New Indian Express
12 hours ago
- Politics
- New Indian Express
Madras High Court CJ Shrivastava promises to make the court continue to remain a voice for the voiceless
CHENNAI: Emphasising the need for compassion in the administration of justice, the new Chief Justice of Madras High Court Manindra Mohan Shrivastava on Tuesday said he would ensure the court continues to remain the voice for the voiceless and the refuge for the oppressed and marginalised sections of society. Addressing the welcome ceremony held in the court premises, he said his foremost duty is to 'preserve and enhance the dignity and independence' of the court. 'The judiciary must remain ever alert not only to protect individual liberty but also to ensure access to justice is not an abstract Constitutional promise but a live reality for the people, especially the poor, the voiceless and the marginalised sections, " he stated. He emphasised the 'need for compassion in the administration of justice' and said the law in its abstract can sometimes seem distant, but when it touches lives it heals, empowers and restores. Law without justice is a wound without cure. Stating that he would strive for maintaining judicial independence and ensuring the constitutional values and rule of law are upheld, the CJ promised to work in to enhance the dignity of the High Court and strive to make the judicial process more efficient, transparent and more accessible to the common man.
Time of India
4 days ago
- Business
- Time of India
PM Modi slams TMC for aiding infiltration, vows legal action on non-citizens
Kolkata: Lashing out at Trinamool Congress for assisting Infiltration for 'appeasement politics', Prime Minister Narendra Modi gave a stern message in Bengal that all legal actions will be taken against the people, who are not citizens of India, and infiltrators, as per Constitutional provisions. This comes in the backdrop when Trinamool Congress, including party chairperson Mamata Banerjee , raised voice and hit the streets on Wednesday for Bengali-speaking migrants allegedly detained in various parts of the country. 'In West Bengal, Trinamool, for its self-interest, is putting Bengali identity at stake. Infiltration has increased, with a forged documents ecosystem developed by TMC. Bengal and the country's safety and security are at stake. For appeasement politics, Trinamool is crossing all limits. For BJP, Bengal's 'asmita' (identity) is of prime importance,' PM stressed. 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No conspiracy will be allowed against Bengal,' Modi noted. The PM said that Trinamool has created a complete ecosystem of infiltrators with forged identity cards. "All actions will be taken against the infiltrators, with fake Identity cards, as per the Constitution of India. No infiltrators will be spared, who are hampering India's safety and security. All necessary legal actions will be taken against them," Modi said from a rally in Bengal's Durgapur. " TMC is crossing all limits for them and appeasement politics. Trinamool has even started protests now supporting infiltration,' Modi stressed. Live Events Saying " Viksit Bangla " is PM's guarantee, Modi said Bengal can become one of the top industrial states in the country after BJP is voted to power. "Trinamool stands as a wall, blocking the path of development and growth in the state. If that wall falls, Bengal will move ahead in the path of development and become one of the fastest growing states in the country.' 'It is important to bring investment to Bengal. But till the Trinamool government is in power, it will never allow it. In the last decade, the party has created a situation, which was anti-investment and anti-employment, Modi said. He criticized the state for Murshidabad riots, violence and police probe and questioned how can anyone invest in such a situation. Modi raised the slogan, 'TMC hatao-Bangla Banchao.' Modi touched upon the precarious condition in the education sector and expressed sympathy for the SSC Teachers who have lost jobs and how many families are affected. He spoke about children's future in 'deep darkness' due to the lack of teachers in schools. 'Situation is such that the court was even forced to refer to it as 'a systematic fraud',' Modi said. A government which talks about Ma Mati Manush, cannot protect its women, PM said, adding, that 'Torture on women gives deep anguish and pain.' Modi also pointed out about lack of safety of women prevails in colleges, referring to the RG Kar incident, and pointed out about the recent rape in South Kolkata Law college in Kolkata. 'BJP has big dreams for Bengal- a prosperous Bengal, a 'Viksit Bengal'-several projects have been inaugurated today to make the dream true. West Bengal's land is full of inspiration. This country's first industry minister Syma Prasad's land, gave India's first industrial policy. This is the land of Dr BC Ray who chose Durgapur for his big vision. Dwarkanath was a great reformer to Bengal and had shown path banking reforms in that time,' PM said. 'Industry had prospered in Durgapur. But today youth is forced to exodus-forced to go to other states. The industries are closed. We need to bring Bengal out of this,' he said. 'Bengal will be the engine of India's growth. We will make Bharat Viksit by 2047. Durgapur gets Rs 5400 crore project foundation inaugurated and the Steel City will bloom. it will help make lives of Bengal easy,' PM said. The PM laid the foundation stone for Bharat Petroleum Corp. Ltd (BPCL) City Gas Distribution (CGD) project in Bankura and Purulia worth around Rs 1,950 crore. It will provide PNG connections to households, commercial establishments and industrial customers and provide CNG at the retail outlets. Syndicate raj in Bengal Slamming syndicate raj, extortion and goonda-raj of Trinamool in Bengal, the Prime Minister said, 'True 'Parivartan' will come once BJP comes to power. The BJP has big dreams for West Bengal and it wants to witness a prosperous Bengal.' "Syndicate raj prevails here, extortions done and TMC goons threaten people, 'Goonda tax' prevails in Bengal and these factors block investments here. The state government gives free hand for corruption. This is the reason-investors have left Bengal despite Bengal being the land of opportunities,' Modi said. After the BJP government came to power in Assam, Odisha and Tripura, these states have seen development, he said. 'Odisha will soon be the country's fastest developing states in the country soon'.
Irish Independent
4 days ago
- Politics
- Irish Independent
Irish Constitution ‘not fit for purpose' in 21st century, claims Labour leader amid calls for radical rewrite
Speaking today at the MacGill Summer School in Glenties, Donegal, at an event focused upon the Constitution, Ivana Bacik TD, Leader of the Labour Party and Party Spokesperson on Northern Ireland, called for a radical re-write of the Constitutional text. Deputy Bacik said as, it approaches the 90th anniversary of the Constitution, it is clear to see it has atrophied. She said it is time for a radical rewrite and indeed, a degenderising approach. 'When this was drafted, there was a special place for a particular religious, now that has been removed happily but we still see doctrinal teaching so influential in the text. 'We still have those religious references. 'We see religion denominating throughout and that is a key reason why we need the radical rewrite and a key reason to say yes, the text is atrophied, and it is no longer fit for purpose in a 21st century secular, polarised republic. 'This is not the constitution of the Republic; nowhere within it is the word republic mentioned,' said Deputy Bacik. Deputy Bacik said in a written constitution, nothing is symbolic, and every word and phrase is of more than symbolic importance and value. 'This is our fundamental legal text and the foundation text of the State. If we were to say, what would it matter to change the word 'he' in the presidential article to the word 'he or she' or even dare I say, just the word she, would that matter? 'It would matter. It would matter to judges who are called upon to interpret the constitution and it helps to shape what the Supreme Court has called the constitutional identity of the state. 'It helps to shape the way we as legislators in the Oireachtas frame our laws. 'It will help the President whether to refers bills to the Supreme Court. 'I think language matters and no language in the Constitution is purely symbolic,' said Deputy Bacik. Attorney General Rossa Fanning SC he is not a politician and is on a 'controversy free diet' but he said every constitution is a product of the time and place of the people who drafted it. He referred to the Third Amendment of the Federal Constitution of the United States which protects American citizens from being compelled to quarter soldiers in private residents. 'It is a provision that has not been subject of a single constitutional case, not a single decision of a Federal Court in 250 years and if you come to that in 2025, you would have no understanding as to why it is there at all. 'It looks like an anachronism. 'But off course you would have to go back to the timing of it immediately after the civil war to understand why it was through to be relevant at the time. 'When looking at a constitution, you might often find what is thought to be historical artefacts that do not have any current resonances but were important to drafters at the time,' said Mr Fanning. Mr Fanning said as the people of Ireland remain sovereign, it is relevantly easy to amend the Irish Constitution and since 1937, it has been amended on more than 30 occasions. 'You can take a view on what Ivana said, and you might strongly agree with it. The people remain sovereign to the extent that there is a political wish to amend any element of the Irish Constitution, a bill to amend the Constitution can be passed by both houses of the Oireachtas, and put to the people by way of plebiscite and by way of simple majority vote, the Constitution can be amended. 'So, in that sense, our constitution is a more dynamic instrument than it is given credit too,' said Mr Fanning. Prof David Kenny said there is a fairly robust amendment process in place to change the Irish Constitution and in Global terms, it is at a medium level of difficulty. Professor Kenny said he believes the referendum process does limit what amendments are proposed. 'We do have a hurdle. We have to go out and we have to ask the people. 'As Rossa was saying, one of the principles of the constitution, as Éamon de Valera put it, is that people are the masters. 'So while it is definitely possible to amend the Constitution, the referendum process does limit what we propose in practice. 'Why? Because it is hard to explain constitutional changes. It is hard to discuss what we need to do when we amend the preamble. 'If we put in new symbolic language, we would have to have a broad national discussion and a vote on what that symbolism was going to be. 'And for reasons, I would struggle to fully explain, successive Irish governments have been wary of purely symbolic changes to the constitution. 'When we propose a change, as we did say last year with the family and carer amendments, people are very keen to say there might be important symbolism here but we are also making important legal changes that are going to have a concrete legal affects 'We very rarely say here is a constitutional change that is just about better vibes. 'We probably done that once in the 1970s when we removed the special position of the Catholic Church; one of those clauses that was particularly sectarian and had no legal effect and it was a symbolic removal of a symbolic provision. 'Other than that we have been reluctant to engage in changes in constitutional symbolism and we have been changing bits of the constitution in an accelerated way. '30 of the 40 referendums we have had have taken place since 1991 and the pace of change has been accelerating but we have not said we need to rethink some of the structure and the symbolic language. 'Instead, we focus on discreet changes where we can say we need to change that power and add that right and legalise same sex marriage. 'These are all really important, but we have not been willing to embrace the symbolic question on the constitutional discourse,' said Professor Kenny.
GMA Network
4 days ago
- Politics
- GMA Network
Senators question 'delayed' start of Sara Duterte impeachment trial
Majority of senator-judges vote on Tuesday, June 10, 2025, in favor of returning the Articles of Impeachment against Vice President Sara Duterte to the House of Representatives. Courtesy: Joseph B. Vidal/OSP Several senators on Friday raised questions regarding the plan to begin the impeachment trial of Vice President Sara Duterte on August 4, a week after the 20th Congress begins its first regular session. According to Senator Panfilo "Ping" Lacson, such a proposition may need to be discussed in the plenary to determine the justification for the "delayed" reconvening of the impeachment court to August 4, then senators could vote on it. "Whatever the majorly of the 24 senators will decide, we should follow, but not without manifesting or explaining our votes, if some of us would choose to," Lacson said in a statement. "As a senator-judge, I want to hear or participate in the discussion of any major issue involved in the impeachment process before making a decision because it is a constitutional duty," he added. Meanwhile, Senator Francis "Kiko" Pangilinan said that he would ask for a clarification regarding the proposed schedule. "In keeping with the Constitutional mandate, dapat walang delay sa [there should be no delay in the] trial proper. The earliest possible time we can convene the better because the Constitution is quite clear that upon receipt of the complaint trial by the Senate shall forthwith proceed," he said. Article XI Section 3(4) of the 1987 Constitution states that: "In case the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed." Senator Vicente "Tito" Sotto III, also called for the start of the impeachment trial "at the soonest possible time," believing that it has been delayed "considerably." Senator Bam Aquino, for his part, expressed readiness should the trial proper begin in August. "Handa na tayong gampanan ang tungkulin at responsibilidad bilang senator-judge," Aquino said. Sa prosesong ito, titiyakin nating mananaig ang ating mga batas at kapakanan ng ating mamamayan." (We are ready to fulfill our duty and responsibility as a senator-judge. In this process, we will ensure that our laws and the welfare of our people will prevail.) The returning senator also disclosed that he has already consulted with lawyers and experts as part of his preparation for the upcoming trial. "Bubusisiing mabuti ang mga ebidensyang ipepresenta, magiging mapanuri, at bukas ang mata at isip sa proseso. Sundin ang Konstitusyon — tuloy ang trial sa August 4," he added. (We will scrutinize the evidence presented, be critical, and be open-minded in the process. We will follow the Constitution—the trial will push through on August 4.) It was Senator Joel Villanueva who revealed that the Day 1 of Duterte's impeachment trial may be on August 4—a week after the fourth State of the Nation Address (SONA) of President Ferdinand "Bongbong" Marcos Jr. on July 28. The SONA will be delivered hours after the Senate and the House of Representatives open their first regular session. The House of Representatives impeached Duterte on February 5, with over 200 lawmakers endorsing the complaint. The Vice President is accused of betrayal of public trust, culpable violation of the constitution, graft and corruption, and other high crimes. The Senate impeachment court first convened on June 10, with the senator-judges under the 19th Congress voting to return the Articles of Impeachment without dismissing or terminating the case. Duterte had entered a "not guilty" plea in the verified impeachment complaint filed against her, which she called a mere "scrap of paper." — VDV, GMA Integrated News
Mint
5 days ago
- Entertainment
- Mint
Will SC's push for online content rules bring clarity or stifle free speech?
The spotlight has returned to the limits of free speech for content creators in India, as the Supreme Court recently asked the government to frame a set of guidelines to curb obscenity and vulgarity in online content without curtailing freedom of expression. Multiple benches of the court, while hearing different cases on 15 July involving comedians and influencers, stressed the need for clear guidelines to curb objectionable content while protecting Constitutional rights. The apex court's directive has left content creators divided. While some welcome the move, hoping it will define clear boundaries for permissible online behaviour and reduce legal uncertainties and arbitrary measures, others fear it could threaten their creative freedom and lead to self-censorship. 'I'm open to guidelines that promote responsible content creation without stifling creative expression. As a roast comedy content creator, I already self-censor to avoid offence, but clarity on what's acceptable would help," said Shivamsingh Rajput, a Surat-based YouTuber who has close to 10.5 million subscribers across his five YouTube channels. 'A content classification system would be great. It would let audiences choose what they watch and take the pressure off creators. Dark humour has its audience worldwide and I believe India could benefit from a more open approach. This would allow our content economy to grow and evolve," Rajput added. Rohan Cariappa, a Bangalore-based creator who creates short comedy skits on Instagram and content about India's growing hip-hop and rap culture on YouTube, expresses skepticism on executing such guidelines. He has close to 500,000 followers across platforms. 'The idea of having a set of guidelines for creators doesn't sound bad to me, but the real problem lies in the execution. With the kind of population and the number of creators we have in this country, it is really difficult to fast-track anything," Cariappa highlighted, adding that as per the latest data, India is home to over 8 million active content creators. 'I also fear that such rules can be misused to arm-twist creators with different ideologies and affinities, be they religious, political, or any other kind. I have personally faced this when a comedy video of mine attracted a legal notice last year after a few complaints and my phone was confiscated only for the case to be quashed by the court later. People have also tended to try to pull down creators who have grown very fast. So, as much as the proposal sounds good, I am unsure whether it is feasible given the size of our community and country," Cariappa further added. The influencer marketing industry in India is expected to grow to ₹3,375 crore in 2026 from ₹2,344 crore last year, as per EY data reported by Mint earlier. The fresh debate on the creation of such guidelines for creators began with India's Got Latent controversy, where Cure SMA India Foundation accused five stand-up comedians, including Samay Raina, of making insensitive remarks about persons with disabilities. While hearing a plea, Justice Surya Kant verbally asked Attorney General R. Venkataramani to draft guidelines in consultation with stakeholders to ensure they align with Constitutional principles. 'What we would like is guidelines in conformity with Constitutional principles, balancing freedom and the limits of that freedom where rights and duties start. We want it to be comprehensive and debated openly," remarked Justice Kant. Justice Kant clarified that Article 21 (right to live with human dignity) of Indian Constitution overrides Article 19 (freedom of speech), especially in cases involving insensitive comments against vulnerable groups. On the same day, another bench of Justices B.V. Nagarathna and K.V. Vishwanathan discussed ways to curb 'divisive tendencies" on social media while hearing West Bengal-based Wazahat Khan's plea to club FIRs against him for posts on Hindu deities. The bench called for detailed deliberations to frame guidelines that balance objectionable content with Constitutional rights. Meanwhile, a third bench of Justices Sudhanshu Dhulia and Aravind Kumar expressed concern over the tendency of citizens to post 'anything and everything" online while hearing cartoonist Hemant Malviya's plea for protection against a case filed for posting a 'revolting" cartoon on Prime Minister Narendra Modi. 'What is happening today is people say and write all kinds of things without caring about the language they use online and on their shows," Justice Dhulia remarked. Mint spoke to lawyers practising technology law in India's top courts. They noted that the court's discussions and the government's plan to bring new rules align with existing laws like the Information Technology Act, 2000. However, they cautioned that new rules should not create vague or subjective definitions for terms like vulgarity and obscenity, as this could lead to misuse. 'The Intermediary Guidelines to follow already define such content under existing law to allow takedown. New rules shouldn't create separate or vague standards that risk curbing legitimate online expression," said Sidhant Kumar Marwah, Partner at Unum Law. The guidelines mentioned by Marwah refer to The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that are a set of rules that require digital intermediaries such as YouTube, X, Instagram and Facebook to respond to user grievances expeditiously and remove harmful content. Nakul Gandhi, founding partner of NG Law Chambers, said the framework must begin by recognising that freedom of expression is deeply subjective. 'What's vulgar to one may be satire to another. The danger lies in converting personal offence into legal prohibition. Instead of rigid definitions, the law should focus on principled thresholds, such as: Does the content incite violence? Does it exploit or endanger a specific group? These are measurable parameters. But matters of taste, tone, or personal offence should remain outside the scope of legal sanction." Lawyers also stressed the need for safeguards under new rules to prevent arbitrary takedowns by platforms. According to Ankit Sahni, partner at Ajay Sahni & Associates, any government takedown request must have a written order with legal grounds and give creators a chance to respond. 'Transparency reports, time-bound reviews, and oversight by an independent grievance body can build trust." Marwah from Unum Law suggested setting up an independent regulatory body manned by experts, similar to the UK's Online Safety Act, to issue takedown orders based on clear, well-defined standards. However, legal experts warned of what overregulation can do. 'Vague or broad rules may stifle creativity, comedy, and critical commentary. Guidelines must be clear, transparent, and proportionate to protect free expression," noted Anupam Shukla, technology law and privacy practice at Pioneer Legal. Gandhi from NG Law Chambers further cautions that 'the direction seems more cautionary than empowering for creators. Seen in that light, moves towards broad guidelines, without any defined limits, risk becoming tools against creators, especially the independent ones who don't have the backing of big platforms or studios."
