CJI sets up 5-judge constitution bench to hear major issues

Agencies
January 16, 2018

New Delhi, Jan 16: Amid a virtual rift between the Chief Justice Dipak Misra and four senior-most judges over assignment of important cases, the Supreme Court on Monday announced the composition of a 5-judge constitution bench headed by the CJI, which does not include them.

None of the four judges — Justices J Chelameswar, Ranjan Gogoi, M B Lokur and Kurian Joseph, feature in the list of members of the 5-judge constitution bench.

As per official information, the 5-judge bench, comprising Chief Justice Dipak Misra, Justice A K Sikri, Justice A M Khanwilkar, Justice D Y Chandrachud and Justice Ashok Bhushan, will commence the hearing on a range of crucial matters from January 17.

Meanwhile, court sources said it was not confirmed whether the CJI on Monday met the four judges who had hurled accusations against him at their controversial press conference on January 12.

As per the list of business for Tuesday, the 5-judge bench will hear major cases such as those challenging the constitutional validity of the Aadhaar Act and its 2013 judgment re-criminalising gay sex between consenting adults.

The same combination of judges had last year heard various constitution bench matters from October 10, including the power tussle between the Centre and the Delhi government over administrative jurisdiction and a matter relating to passive euthanasia.

This bench would also hear the contentious issue of the ban on the entry of women between 10 and 50 years of age in Kerala's Sabarimala temple and resume hearing a legal query on whether a Parsi woman would lose her religious identity if she marries a man from a different religion.

Another contentious matter relates to the challenge to the validity of a penal law on adultery, which only punishes a married man for having an extra-marital sexual relationship with a woman married to someone else.

The other issues to be dealt with by constitution bench include the pleas, which have raised a question as to when will a lawmaker, facing criminal trial, stand disqualified.

All these matters were earlier referred to larger benches for adjudication by different benches of the apex court.

The daily list of business for tomorrow shows that the two PILs seeking probe into Loya's death are listed before a bench headed by Justice Arun Mishra, against whom aspersions were cast by a senior advocate in public.

In their unprecedented press conference on Friday, the four senior judges of the apex court had mounted a virtual revolt against the CJI, listing a litany of problems, including the assignment of cases. They had also raised questions over listing of PILs concerning Loya's death.

An office bearer of the Supreme Court Bar Association (SCBA) said a copy of their resolution was submitted by its president Vikas Singh to the CJI yesterday, but have not heard anything from the top court as yet.

Singh had expressed hope that all judges of the apex court would consider the SCBA resolution seeking a full court discussion to defuse the crisis plaguing the higher judiciary.

The SCBA, at an emergency meeting on Saturday, had passed the resolution expressing grave concern over the differences of four senior-most judges with the CJI.

It had said that all public interest litigation (PIL) matters, including the pending PILs, should be either taken up by the CJI or be assigned for adjudication to four senior judges who are part of the apex court collegium.

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s
 - 
Tuesday, 16 Jan 2018

what about triple talaq that also looks like handiwork of BJP/RSS

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News Network
June 11,2020

Washington, Jun 11: Observing that historically India has been a tolerant, respectful country for all religions, a top Trump administration official has said the US is "very concerned" about what is happening in India over religious freedom.

The comments by Samuel Brownback, Ambassador-At-Large for International Religious Freedom, came hours after the release of the "2019 International Religious Freedom Report" on Wednesday.

Mandated by the US Congress, the report documenting major instances of violation of religious freedom across the world was released by Secretary of State Mike Pompeo at the State Department.

India has previously rejected the US religious freedom report, saying it sees no locus standi for a foreign government to pronounce on the state of its citizens' constitutionally protected rights.

"We do remain very concerned about what's taking place in India. It's historically just been a very tolerant, respectful country of religions, of all religions," Mr Brownback said during a phone call with foreign journalists on Wednesday.

The trend lines have been troubling in India because it is such a religious subcontinent and seeing a lot more communal violence, Mr Brownback said. "We're seeing a lot more difficulty. I think really they need to have a - I would hope they would have an - interfaith dialogue starting to get developed at a very high level in India, and then also deal with the specific issues that we identified as well," he said.

"It really needs a lot more effort on this topic in India, and my concern is, too, that if those efforts are not put forward, you're going to see a growth in violence and increased difficulty within the society writ large," said the top American diplomat.

Responding to a question, Mr Brownback said he hoped minority faiths are not blamed for the COVID-19 spread and that they would have access to healthcare amid the crisis.

Prime Minister Narendra Modi has criticised any form of discrimination, saying the COVID-19 pandemic affects everyone equally. "COVID-19 does not see race, religion, colour, caste, creed, language or border before striking. Our response and conduct thereafter should attach primacy to unity and brotherhood," PM Modi said in a post on LinkedIn in February.

The government, while previously rejecting the US religious freedom report, had said: "India is proud of its secular credentials, its status as the largest democracy and a pluralistic society with a longstanding commitment to tolerance and inclusion".

"The Indian Constitution guarantees fundamental rights to all its citizens, including its minority communities… We see no locus standi for a foreign entity/government to pronounce on the state of our citizens' constitutionally protected rights," the Foreign Ministry said in June last year.

According to the Home Ministry, 7,484 incidents of communal violence took place between 2008 and 2017, in which more than 1,100 people were killed.

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News Network
February 2,2020

Feb 2: Prime Minister Narendra Modi’s second budget in seven months disappointed investors who were hoping for big-bang stimulus to revive growth in Asia’s third-largest economy.

The fiscal plan -- delivered by Finance Minister Nirmala Sitharaman on Saturday -- proposed tax cuts for individuals and wider deficit targets but failed to provide specific steps to fix a struggling financial sector, improve infrastructure and create jobs. Stocks slumped as a proposal to scrap the dividend distribution tax for companies failed to impress investors.

"Far from being a game changer, the budget provides little in terms of short-term growth stimulus,” said Priyanka Kishore, head of India and South East Asia economics at Oxford Economics Ltd. in Singapore. “While income tax cuts will provide some relief on the consumption front, the multiplier effect is low and the overall stance of the budget is not expansionary."

India has gone from being the world’s fastest-growing major economy three years ago, expanding at 8%, to posting its weakest performance in more than a decade this fiscal year, estimated at 5%.

While the government has taken a number of steps in recent months to spur growth, they’ve fallen short of spurring demand in the consumption-driven economy. Saturday’s budget just added to the glum sentiment.

Okay Budget

“It’s an okay budget but not firing on all cylinders that the market was hoping for,” said Andrew Holland, chief executive officer at Avendus Capital Alternate Strategies in Mumbai.

The government had limited scope for a large stimulus given a huge shortfall in revenues in the current year. The slippage induced Sitharaman to invoke a never-used provision in fiscal laws, allowing the government to exceed the budget gap by 0.5 percentage points. The result: the deficit for the year ending March was widened to 3.8% of gross domestic product from a planned 3.3%.

On Friday, India’s chief economic adviser Krishnamurthy Subramanian said reviving economic growth was an “urgent priority” and deficit goals could be relaxed to achieve that. The adviser’s Economic Survey estimated growth will rebound to 6%-6.5% in the year starting April.

The fiscal gap will narrow to 3.5% next year, as the government budgeted for gross market borrowing to rise marginally to 7.8 trillion rupees from 7.1 trillion rupees in the current year. A plan to earn 2.1 trillion rupees by selling state-owned assets in the year starting April will also help plug the deficit.

Total spending in the coming fiscal year will increase to 30.4 trillion rupees, representing a 13% increase from the current year’s budget, according to latest data.

Key highlights from the budget:

* Tax on annual income up to 1.25 million rupees pared, with riders

* Dividend distribution tax to be levied on investors, instead of companies

* Farm sector budget raised 28%, transport infrastructure gets 7% more

* Spending on education raised 5%

* Fertilizer subsidy cut 10%

Analysts said the muted spending plan to keep the deficit in check will lead to more downside risks to growth in the coming months.

“It is very doubtful that the increase in expenditure will push demand much,” Chakravarthy Rangarajan, former governor at the Reserve Bank of India told BloombergQuint, adding that achieving next year’s budget deficit goal of 3.5% of GDP was doubtful.

With the government sticking to a conservative fiscal path, the focus will now turn to central bank, which is set to review monetary policy on Feb. 6. Given inflation has surged to a five-year high of 7.35%, the RBI is unlikely to lower interest rates.

What Bloomberg’s Economists Say:

The burden of recovery now falls solely on the Reserve Bank of India. With inflation breaching RBI’s target at present, any rate cuts by the central bank are likely to be delayed and contingent upon inflation falling below the upper end of its 2%-6% target range.

-- Abhishek Gupta, India economist

Governor Shaktikanta Das may instead focus on unconventional policy tools such as the Federal Reserve-style Operation Twist -- buying long-end debt while selling short-tenor bonds -- to keep borrowing costs down.

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coastaldigest.com news network
July 27,2020

Ayodhya, Jul 27: With days to go for the August 5 "bhoomi pujan" ceremony of the Ram temple in Ayodhya, the mosques adjacent to the demolished Babri Masjid premises are spreading the message of a peaceful coexistence of Hindus and Muslims.

There are eight mosques and two mausoleums located close to the 70-acre Babri Masjid premises mandated by the Supreme Court for a temple of Sri Ram.

Azaan and namaaz are offered in the mosques and the annual "Urs" is held at the mausoleums without any objection from the local Hindus.

The eight mosques located near the upcoming Ram temple premises are Masjid Dorahikuan, Masjid Mali Mandir ke Bagal, Masjid Kaziyana Achchan ke Bagal, Masjid Imambara, Masjid Riyaz ke Bagal, Masjid Badar Paanjitola, Masjid Madaar Shah and Masjid Tehribazar Jogiyon ki.

The two mausoleums are Khanqaahe Muzaffariya and Imambara.

"It is the greatness of Ayodhya that the mosques surrounding the Ram temple are giving a strong message of communal harmony to the rest of the world," Haji Asad Ahmad, the corporator of the Ram Kot ward, said. The Ram temple area is situated in Ahmad's ward.

"Muslims take out the 'juloos' of Barawafaat that goes through the periphery of Ram Janmabhoomi. All religious functions and rituals of Muslims are respected by their fellow citizens," the corporator said.

Asked for a comment on the presence of mosques near the upcoming Ram temple premises, the chief priest of the temple, Acharya Satyendra Das, said, "We had a dispute only with the structure that was connected to the name of (Mughal emperor) Babur. We have never had any issue with the other mosques and mausoleums in Ayodhya. This is a town where Hindus and Muslims live in peace."

"Muslims offer namaaz, we perform our puja. The mosques around us will strengthen Ayodhya's communal harmony and peace will prevail," he added.

Both Hindus and Muslims have accepted the Supreme Court verdict over Ram Janmabhoomi, Das said, adding, "We have no dispute with each other."

Sayyad Akhlaq Ahmad Latifi, the "sajjada nasheen" and "pir" of the 500-year-old Khanqaahe Muzaffariya mausoleum, said Muslims in Ayodhya are performing all religious practices freely.

"We offer prayers five times a day in the mosque at Khanqaah and hold the yearly 'Urs'," he added.

"What a scene would it be -- a grand Ram temple surrounded by small mosques and mausoleums and everyone offering prayers according to their beliefs. That will be representative of the true culture of India," Mahant Yugal Kishore Sharan Shastri, the chief priest of the Sarayu Kunj temple adjacent to the Ram Janmabhoomi premises, said.

Reacting to the presence of mosques and mausoleums near the Ram Janmabhoomi premises, Triloki Nath Pandey, the decree holder of the land as the "first friend of Ram Lalla" as mandated by the Supreme Court, said, "We do not have any objection to either those mosques or any other mosques. We will not trigger a dispute regarding any structure, Ayodhya must live in peace and communal harmony."

Mahant Raju Das, the priest of the Hanumangarhi temple, said, "The presence of the mosques tells the story of Ayodhya's communal harmony. A Ram mandir will be built and there will be no objection to the mosques or religious practices of Muslims."

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