SC sets up five-judge Constitution Bench to hear eight crucial cases: Aadhaar, Section 377 hearings tomorrow

Agencies
January 16, 2018

Amid the ongoing rift between the Chief Justice of India Dipak Misra and four senior-most judges over the assignment of important cases, the Supreme Court on Monday announced the composition of a five-judge Constitution Bench headed by the CJI.

This bench will hear eight crucial cases on Wednesday, including Aadhaar, the validity of Section 377 of Indian Penal Code which criminalises homosexuality, the validity of adultery law under the IPC, entry of women into Kerala's Sabarimala temple and other cases.

None of the four judges who spoke out against the CJI — justices J Chelameswar, Ranjan Gogoi, MB Lokur and Kurian Joseph — feature on the Constitution Bench.

According to news agency, the five-judge bench, comprising CJI Misra, Justice AK Sikri, Justice AM Khanwilkar, Justice DY Chandrachud and Justice Ashok Bhushan, will commence the hearing on a range of crucial matters from 17 January.

Aadhaar-privacy row

The Aadhaar case will take a look at the legality of the Aadhaar(Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act which was enacted in 2016.

The bench would sit at 2 pm on Wednesday to take up the interlocutory applications seeking interim relief against the Centre's decision on linking of Aadhaar with various schemes.

The Centre had on 7 December told the apex court that the deadline for mandatory linking of Aadhaar to avail various services and welfare schemes would be extended until 31 March next year.

On 27 November, the apex court had said it may consider setting up a Constitution Bench to hear pleas challenging the Centre's move to make Aadhaar card mandatory for availing various services and benefits of welfare schemes.

It had on 30 October said a Constitution Bench would commence hearing on the clutch of petitions against the Aadhaar scheme from the last week of November.

Back in August, a nine-judge bench of the apex court had held that Right to Privacy was a Fundamental Right under the Constitution. Several petitioners challenging the validity of Aadhaar had claimed it violated privacy rights.

Validity of Section 377

Alongside the crucial hearing on the Aadhaar-privacy issue, the bench will also hear a plea seeking decriminalisation of gay sex between consenting adults.

A bench comprising CJI Misra and justices Khanwilkar and Chandrachud had on 8 January said that the issue arising out of Section 377 of the Indian Penal Code (IPC) required to be debated upon by a larger bench.

Section 377 of the IPC refers to "unnatural offences" and says whoever voluntarily has intercourse "against the order of nature" with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine.

The bench was hearing a fresh plea filed by Navtej Singh Johar, seeking that Section 377 be declared as unconstitutional to the extent that it provides for the prosecution of adults for indulging in consensual gay sex.

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

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 assignment of cases. They had also raised questions over the 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 on Sunday, but have not heard anything from the top court as yet.

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

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 Sunday, 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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Agencies
May 17,2020

New Delhi, May 17: The HRD Ministry on Saturday postponed announcement of the exam schedule for pending class 10 and 12 board exams, saying the CBSE is still considering certain technical aspects before finalising the datesheet.

The ministry had earlier announced that it would notify the schedule at 5 pm on Saturday.

"CBSE is taking into consideration some additional technical aspects before finalizing the datesheets of the board exams of classes 10th and 12th, due to which, the datesheets will now be released by Monday i.e. 18-05-2020. Inconvenience caused is sincerely regretted (sic)," Union HRD Minister Ramesh Pokhriyal 'Nishank' tweeted.

The ministry had last week announced that the pending class 10 and 12 CBSE exams, which were postponed due to the COVID-19-induced lockdown, would be conducted from July 1 to 15.

However, the schedule as well as the modalities and guidelines have not been announced yet.

While class 12 exams will be conducted across the country, the class 10 exams are only pending in North East Delhi where they were affected due to the law and order situation.

Universities and schools across the country have been closed and exams postponed since March 16 when the Centre announced a countrywide classroom shutdown as one of the measures to contain the COVID-19 outbreak.

Later, a nationwide lockdown was announced on March 24, which has now been extended till May 17.

The board was not able to conduct class 10 and 12 exams on eight examination days due to the coronavirus outbreak.

Further, due to the law and order situation in North East Delhi, the board was not able to conduct exams on four examination days, while a very small number of students from and around this district were not able to appear in exams on six days.

The board had last month announced that it will only conduct pending exams in 29 subjects which are crucial for promotion and admission to higher educational institutions.

The modalities of assessment for the subjects for which exams are not being conducted will be announced soon by the board.

The schedule has been decided in order to ensure that the board exams are completed before competitive examinations such as engineering entrance JEE-Mains, which is scheduled from July 18-23, and medical entrance exam NEET, which is scheduled on July 26.

The University Grants Commission (UGC) has issued guidelines to universities that the new academic session for freshers will begin from September while for the existing students from August.

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Agencies
August 4,2020

Ayodhya,  Aug 4: Various religious ceremonies have been conducted for the past 108 days by saints in Ayodhya and Prime Minister Narendra Modi will take part in `muhurat puja' at 12.44 pm on Wednesday as part of 'bhoomi pujan' for construction of a grand Ram temple.

PM Modi will arrive at 12:30 pm at the Ramjanmbhoomi and take part in various prayers including the main "bhoomi pujan".

Govind Giriji Maharaj, treasurer of Shri Ramjanmbhoomi Teerth Kshetra Trust, said that the religious ceremonies will begin from 8:30 am in the morning and will continue till 12:30 pm.

"The Prime Minister will arrive at 12:30 pm and he will offer `puja' for 15 minutes and take 'sankalp'. First Lord Ganesh will be worshipped then he will offer prayers of eight shilas. Some prayers at shilas we have conducted already," Giri told said.

"The muhrat of pooja is at 12: 44 pm. He will say words 'prathisthapayami' and it is crucial to be done in that muhrat," he said.

Elaborating on the rituals to be performed tomorrow by the Prime Minister, the trust member said that most important is `Kurm Shila' .

"The most important is Kurm Shila - this is right beneath the place where Ram Lalla will be seated. It is this ceremony that we are conducting tomorrow. A cone of Bakul tree wood will be kept in ceremony. This isn't an ordinary cone, it is made of various metals including gold and silver. 

A lotus with nine gems too will be part of pujan which will be offered to this cone by the Prime Minister," he said.

"These are intrinsic to main bhumi pujan. The first religious ceremony was of Devi Kali. There are two devi kalis here, `choti' and `badi'. She is kuldevi, family's goddess of Sita. Today we held Ramarchan ceremony," said Giri.

The Vedic pundits who are involved in religious ceremonies have come from Delhi, Mathura and Kashi.

Asked about the absence of Nepal's religious head of Janaki Mandir, he said that there are many, including 20 religious heads, who would not able to come because they can't leave their seat in Chaturmas.

On the design of temple, Giri said, the old design will remain as it is except a rise in height.

"The structure has become popular and we will keep it. Keeping in mind the modernisation of architecture, we have raised height from 128 feet to 161 feet and instead of three peaks we will have five peaks," he said.

Kanchi Pithadhishvar Maharaj has sent silver coins as souvenirs for every sadhu participating in it, Giri said.

Invitations have been sent to 175 people, including 135 saints of 35 religious organisations to attend the foundation stone-laying ceremony of Ram temple.

The construction of Ram temple will begin in Ayodhya after the ceremony to lay the foundation stone.

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News Network
April 6,2020

New Delhi, Apr 6: Prime Minister Narendra Modi on Monday said India's efforts to combat coronavirus have set an example and it is among countries which understood the pandemic's seriousness and took various timely decisions to combat the virus.

Addressing BJP workers to mark the 40th foundation day of the party, he also appreciated the maturity shown by people during the lockdown, describing it as  unprecedented.

"We got to see our collective strength on Sunday evening," he said referring to the countrywide exercise to switch off lights and illuminate diyas for nine minutes to show India's collective strength to fight the deadly virus.

He also urged BJP workers to follow a five-point agenda, including working to ensure that no poor goes hungry.

He asked them to follow the guidelines issued by party president J P Nadda.

Fight against coronavirus is no less than war, Modi said, asking BJP workers to donate and encourage others to contribute to the PM-CARES fund.

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