Latest news with #Gavai
Time of India
11 hours ago
- Politics
- Time of India
SC fixes Aug 19-Sep 20 hearing schedule for Presidential Reference; will hear preliminary objection of TN & Kerala on its maintainability
Supreme Court NEW DELHI: A five-judge constitution bench of the SC led by CJI B R Gavai on Tuesday fixed a nine-day schedule to deliberate on a Presidential Reference that has questioned the SC's power to fix timelines for the President and Governors on granting, refusing and withholding assent to Bills passed by Assemblies. The bench of CJI Gavai, and Justices Surya Kant, Vikram Nath, P S Narasimha and A S Chandurkar said the hearing would commence from Aug 19, when it will first hear senior advocates K K Venugopal and A M Singhvi on behalf of Kerala and Tamil Nadu, respectively, on the states' preliminary objections to maintainability of the Reference. It said those opposing the reference, represented by Kapil Sibal, Rakesh Dwivedi, Gopal Subramaniam, would be given four days – Aug 19, 20, 21 and 26 - to complete their arguments. Those supporting the Reference – attorney general R Venkataramani and solicitor general Tushar Mehta – would place their response to maintainability plea as well as the constitutional issues warranting the Reference on Aug 28, Sep 2, 3 and 9. It reserved Sep 10 for rejoinders by parties and clarified that under no circumstance would the schedule be breached and told lawyers to arrange time-schedule for their arguments through prior consultation. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like So Many Surprising Uses – Baking Soda Might Be The Only Thing You Need Read More Undo It appointed advocate Aman Mehta as the nodal counsel for those supporting Reference and Misha Rohatgi as one for opposers. 'The nodal counsel in consultation with lawyers shall arrange the timetable for the arguing counsel so that the hearing could be completed on Sep 10. The timetable will be followed scrupulously,' the CJI-led bench forewarned. TOI was first to report on May 15 about the President sending a Reference to the SC for its opinion on the contentious issue of judiciary stepping into the domain of the executive, especially when the Constitution gave no power to the SC to grant deemed assent on behalf of the Governor to Bills. Critical of the SC's Apr 8 judgment and use of its Article 142 powers to rule that the 10 Bills pending with the TN governor to be deemed to have been assented to, the President had said, 'The concept of a deemed assent of the President and the Governor is alien to the constitutional scheme and fundamentally circumscribes the powers of the President and the Governor'. The Reference had said Articles 200 and 201, applicable to Governors and the President respectively, 'does not stipulate any time frame or procedure' to be followed by them while considering grant or refusal of assent to a Bill passed by an Assembly. The Reference has sought the SC's opinion on 14 questions. Without any express provision in the Constitution, A bench of Justices J B Pardiwala and R Mahadevan on Apr 8 had set a three-month deadline for the Governor to either grant or return the Bill to the House. If the Bill is re-passed by the House and resent to him, then the governor must grant assent within a month, the SC had ruled. It had also fixed a three-month deadline for the President to decide whether to grant or refuse assent to a Bill.
Time of India
2 days ago
- Politics
- Time of India
Supreme Court blocks Calcutta High Court order staying new OBC list in Bengal
The Supreme Court on Monday temporarily blocked a Calcutta High Court order that had put a stay on the implementation of the TMC-led West Bengal government's new list of Other Backward Classes (OBCs). Calling it "surprising" and seemingly "erroneous", a bench headed by Chief Justice of India BR Gavai urged the Chief Justice of the high court to place the dispute before a bench different from the one that had ordered the stay. Explore courses from Top Institutes in Please select course: Select a Course Category Public Policy Healthcare Leadership Others CXO Digital Marketing PGDM MCA healthcare Cybersecurity Artificial Intelligence Finance Design Thinking Degree Operations Management Data Analytics Data Science Project Management Data Science others Management Product Management Technology MBA Skills you'll gain: Duration: 12 Months IIM Calcutta Executive Programme in Public Policy and Management Starts on undefined Get Details Skills you'll gain: Economics for Public Policy Making Quantitative Techniques Public & Project Finance Law, Health & Urban Development Policy Duration: 12 Months IIM Kozhikode Professional Certificate Programme in Public Policy Management Starts on Mar 3, 2024 Get Details The SC was hearing a plea by the Bengal government challenging the high court's order, which in June stayed notifications that reclassified OBC categories, and introduced changes in reservation quotas and new procedures for issuing caste certificates. The top court also asked the high court to take a final decision in a time-bound manner. "This is surprising. How can the high court stay? Reservation is a part of the functions of the will request the Chief Justice to place it before some other bench," Chief Justice Gavai, speaking for the bench, said. The bench said prima facie the high court's stay order appears to be "erroneous". "The (State Backward classes) Commission has followed some methodology (before proposing changes to the OBC list). Whether it is correct or not correct, let the high court see. Prima facie, the (high court's stay) order is completely erroneous," the CJI observed. "We will request the high court to do it (decide on the matter) in six weeks. We can request the Chief Justice (of the high court) to constitute a special bench." by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Colombia: New Container Houses (Prices May Surprise You) Container House | Search ads Search Now Undo
Scroll.in
2 days ago
- Politics
- Scroll.in
Supreme Court stays Calcutta HC order blocking new OBC list in West Bengal
The Supreme Court on Monday stayed a Calcutta High Court order blocking the implementation of a West Bengal government notification classifying 140 communities as Other Backward Classes, verbally observing that it seemed to be 'prima facie erroneous', Live Law reported. A bench of Chief Justice BR Gavai and Justices K Vinod Chandran and NV Anjaria expressed surprise at the High Court's reasoning that only the legislature could approve the OBC list, and not the executive. 'How can the High Court stay like this?' Live Law quoted the Supreme Court as saying. 'Reservation is part of the executive functions. This is the settled law... Executive instructions are enough for providing reservations and legislation is not necessary.' The matter pertains to a notification issued by the West Bengal government earlier in June that added 76 sub-castes to the OBC category, taking the total number of communities in the grouping to 140. Out of these, 80 communities are from among Muslims, while 60 are non-Muslims, The Indian Express reported. Muslims comprise 57.1% of the population included in the OBC category. The state government's previous list of OBCs had 113 sub-groups, of which 77 were Muslims and 36 non-Muslims. However, the High Court had in May 2024 struck down the list, and had reduced OBC reservations from 17% to 7%. The new list would allow the state government to restore OBC reservations to 17%. The High Court's May 2024 decision was expected to affect nearly five lakh certificates. The state government's challenge to the verdict was also pending before the Supreme Court. On June 17, the High Court stayed the implementation of the new list and told the state government not to take steps based on it till July 31, when the case will be heard next. At the hearing on Monday, Gavai also disagreed with the High Court's observation that the state should have placed the reports and bills before the legislature for amendments and introductions to the 2012 Act's schedule. Advocate Ranjit Kumar, representing the respondents, told the bench that the list had to be approved by the legislature as per the law enacted by the state government. Advocate Guru Krishnakumar, representing the other respondents, also claimed that the list had been prepared without any data, Live Law reported. Advocate Kapil Sibal, representing the West Bengal government, said the new list was based on a fresh survey and report by the State Backward Classes Commission. Sibal also argued that even the High Court had not held that the commission failed to conduct the exercise. Gavai then told the respondents that the bench could ask the High Court to form a different bench to hear the matter. 'If you are willing, we will direct the HC to hear the matter in stipulated timeline, till then status quo will maintain,' Live Law quoted the Supreme Court said. 'We will ask the chief justice to constitute another bench to hear.'
United News of India
2 days ago
- Politics
- United News of India
CJI Gavai, SC judges call for Bar-Bench unity, women-led legal future
Srinagar, Jul 27 (UNI) In a powerful show of judicial unity and commitment to inclusive legal reform, Chief Justice of India B.R. Gavai and several Supreme Court judges converged in Srinagar for the North Zone Regional Conference organised by the National Legal Services Authority (NALSA) in collaboration with the High Court of Jammu & Kashmir and Ladakh. Held at the Sher-i-Kashmir International Conference Centre (SKICC), the conference titled 'In Conversation with the Bar: A Shared Vision for Legal Transformation' aimed to strengthen collaboration between the Bar and Bench in delivering justice to the most vulnerable sections of society, particularly in frontier regions. 'Presiding over the conference, Chief Justice Gavai, who also serves as Patron-in-Chief of NALSA, emphasised the judiciary's constitutional mandate to ensure last-mile access to justice, especially for marginalised and underprivileged communities. 'NALSA, under the leadership of Justice Surya Kant and in future, Justice Vikram Nath, will continue to pave the way for a stronger, more inclusive justice delivery system,' CJI Gavai said. 'Women empowerment remains a cornerstone of this vision,' he added. He concluded his address with a stirring call for national integration, quoting the iconic lyric, 'Chhodo kal ki baatein, kal ki baat purani, aao milkar likhein nayi kahani, hum hain Hindustani.' Delivering the keynote address, Justice Surya Kant, Executive Chairman of NALSA, highlighted the growing presence of women in the legal profession in Jammu, Kashmir, and Ladakh. 'The future of the justice delivery system in this region will largely be led by women, whether from the Bar or on the Bench,' he declared, celebrating the emerging generation of women advocates and judges as torchbearers of reform. The conference also featured insights from several other Supreme Court judges, each of whom focused on key structural and regional concerns: Justice N. Kotiswar Singh advocated for a dedicated High Court bench in Ladakh and enhanced infrastructure for women advocates, including exclusive chambers. Justice Rajesh Bindal called for upgrading technological infrastructure across the district courts of J&K and Ladakh. Justice P.S. Narasimha emphasised that 'the Bar and Bench are two wheels of the same chariot,' lauding the adaptability and dedication of the legal community. Justice Vikram Nath and Justice Pamidighantam Sri Narasimha also addressed the gathering, reinforcing NALSA's vision of inclusive justice rooted in grassroots engagement. Chief Justice Arun Palli of the High Court of Jammu & Kashmir and Ladakh welcomed the dignitaries and acknowledged the enthusiasm and intellectual depth of the region's young legal professionals. 'Our young lawyers possess clarity of thought and a strong command over law, while our senior advocates continue to uphold the highest standards of professionalism,' he said. The conference marked a significant milestone in NALSA's ongoing efforts to democratise access to justice in remote and underserved areas. With the presence of the Chief Justice of India, multiple Supreme Court judges, and regional judicial leadership, the event sent a clear message: that the Bar and Bench are united in their mission to strengthen legal empowerment, promote gender inclusion, and modernise judicial infrastructure in Jammu, Kashmir, and Ladakh. UNI SNG SSP
New Indian Express
3 days ago
- Politics
- New Indian Express
Kashmir is paradise on earth, sufsim promoted secularism: CJI Gavai
SRINAGAR: Praising Kashmir, the Chief Justice of India Justice B R Gavai on Sunday described Kashmir as 'Paradise on Earth' and said Sufism has truly promoted secularism in the country. While addressing the North Zone Regional Conference of National Legal Services Authority (NALSA) in Srinagar, the CJI started his address by famous Persian couplet, 'Agar firdaus bar roo-e zameen ast, Hameen ast-o hameen ast-o hameen ast' (If there is a paradise on Earth, it is here, it is here and it is only here).' 'I am happy that I am again getting the opportunity to meet you in Kashmir, which is known as paradise. Whenever I have visited Kashmir, I have got love from everybody,' he said. 'I feel like I have come to my hometown. I am thankful for all the love and affection showered on me. I have been to all parts of Jammu and Kashmir, and Ladakh,' the CJI said. 'Kashmir's Valleys, mountains, rivers, streams and if we see these, it can be safely said that Kashmir is a true paradise.' The CJI spoke of Kashmir's 3,000-year-old civilisational heritage and rich culture. He credited Sufism for upholding the values of secularism written in our country's constitution. 'The Sufism has truly promoted secularism,' he asserted. Referring to secularism in J&K, the CJI said in Dargahs, every section of society including Hindus, Muslims or Sikhs go. 'Similarly, people of every religion go to Mandirs and Gurudwaras' CJO Gavai lauded efforts of NALSA and J&K Legal Services Authority for convening the interaction. He also reflected on the legal and administrative foundation laid in the region as early as 1846, calling it one of the oldest and most structured legal systems in India. 'From 1928 till before independence of the country, a high court had been established here and Maharajas here also respected the orders passed by the high court,' he said. 'In the country's Constitution, we have promised ourselves justice — political, social and economic. We are bound to see that justice is implemented in its true spirit. The legal fraternity needs to have a commitment to the true values of the Constitution,' he said. The CJI said that while Babasaheb B R Ambedkar brought about political justice by adopting the principle 'one person, one vote and one value', the author of the Constitution spoke about social compartmentalisation and the difficulty of moving from one compartment to another. 'Our society has been divided into different compartments. The entry from one compartment to another is nearly impossible. On the economic front, our wealth is concentrated in a few hands while the vast majority of the people find it difficult to have two meals a day. We will have to eliminate this inequality and bring about social and economic equality in the true sense. We have all to remain committed to this whether it is executive, legislature or judicial. We are bound to see to it that social and economic justice is implemented in true spirit in this country,' he said. Indirectly referring to the situation in Kashmir during the last 35 years, the CJI said there have been aberrations that need to be undone. 'There have been aberrations, but we have to work to remove these. This dialogue between judges and lawyers will give a new perspective. I am sure this programme will help in rebuilding the traditional and undivided Kashmir where all communities — Hindus, Muslims and Sikhs — used to live together,' he said. Asserting that lawyers and judges are like two wheels of the golden chariot of justice, CJI said, 'If you span one wheel, the efficacy of the entire chariot comes to a standstill. For this, lawyers and judges should work together to give justice to the people who live in the last village of this country. Unless people have the knowledge of their rights, the rights are of no use'. In a key policy suggestion, the CJI urged the Chief Justice of the J&K High Court to consider establishing a separate bench for the Union Territory of Ladakh, acknowledging the consistent demand raised by the Ladakh Bar. ===Ends===
