A cold wave sweeping parts of Bihar has claimed over a dozen lives in the state, officials said Monday.
Most of the victims are children and elderly people in Nawada, Gaya, East Champaran, Gopalganj, Saharsa and Darbhanga districts.
Official sources said three people died in Farbisganj, four in Nawada, two in Darbhanga and one each in East Champaran, Katihar and Saharsa.
Unconfirmed reports said two people died in Gaya, one in Patna and two each in Jehanabad and Arwal districts in the last 24 hours.
Monday, December 31, 2007
Monday, April 30, 2007
Kausar Bi dead: Gujarat govt tells SC
The Gujarat government on Monday confirmed to the Supreme Court that the wife of a man murdered by the state police in a fake encounter was also killed.
Kausar Bi dead: Gujarat govt tells SC
Kausar Bi dead: Gujarat govt tells SC
Thursday, January 11, 2007
Laws in 9th Schedule after 1973 open to judicial review: SC
In a landmark judgement with far reaching implications, the SC ruled that any law placed under the Constitution's 9th Schedule after 24th April, 1973 providing immunity from legal challenges are subject to scrutiny of courts.
In an unanimous verdict, a nine-member Constitution Bench headed by Chief Justice Y K Sabharwal rejected Government's claim that certain laws even if they infringed the fundamental rights of citizens cannot be subjected to judicial review, if the legislations were placed under the Ninth Schedule.
The judgement, which came a day after apex court ruled that Parliament's decisions were subject to judicial review, assumes significance in the wake of laws like the one in Tamil Nadu which provides 69 per cent reservations and has placed it under the Ninth Schedule to circumvent judicial review.
The apex court had earlier held that social reservations shall under no circumstances exceed the permissible limit of 50 per cent. To overcome the ruling, the then Jayalalithaa government placed the law under the Schedule.
Several other states had come out with their own laws on land reforms, land ceilings and other local legislations purportedly infringing upon the fundamental rights and had put them under the Ninth Schedule to avoid judicial scrutiny.
The ruling could affect over 250 legislations enacted by the Centre and various states and put under the Schedule.
These include Central Coal Mines Act 1974, Additional Emoluments Act 1974, COFEPOSA Act 1974, Sick Textile Undertaking Act 1974, UP Imposition of Sealing on Land Holdings Act 1974, Orissa Land Reforms Act 1965 and ESMA.
The Bench held that although the Government was entitled to place laws in the Ninth Schedule, such legsislations if they violated the fundamental rights guaranteed under Articles 14, 15, 19, 20 and 21 of the Constitution are liable to be struck down by courts.
An NGO 'Common Cause' had challenged such legislations.
The Supreme Court constituted a nine-member Bench to decide on the constitutional validity of the issue.
The cut-off date 24th April, 1973 has been fixed for the Ninth Schedule as it was on that day a 13-member Constitution Bench of the Supreme Court gave its historic ruling in the Keshavananda Bharti case that Parliament had no power to amend the basic structure of the Constitution.
The Ninth Schedule emanates from Articles 31 A and 31 B which were introduced by the Constitution's (first amendment) Act 1951, with effect from 18th June, 1951, to ensure that certain laws were valid even if it violated the Fundamenal Rights of a citizen.
In other words Parliament arrogated to itself the power to amend the Constitution in any manner it liked, irrespective of the fact whether it overided the Fundamental Rights.
Incidentally, in 1952, the Supreme Court in the Shankari Prasad Singh Deo vs Union of India case held that Articles 31 and 31 B were constitutionally valid amendments.
Since a constitutional amendment was an exercise of constituent power, Fundamental Rights under Part III were not immune from such amendment. The power to amend is without any exception, whatsover, the apex court had held in that case.
The effect of that judgement was that Article 13 (2) which prohibited the State from making legislations abrogating the Fundamental Rights would not apply in the case of laws placed in the Ninth Schedule of the Constitution.
Secondly, it was held in the said judgement that the powers of the High Court and the Supreme Court were not in any manner infringed and all that was done by insertions of Articles 31 A and 31 B was that a certain class of cases had been excluded from being given the protection of Fundamental Right.
However, subsequently in 1967 in the Golak Nath's case by a majority opinion a 11-member Bench of the apex court ruled that Parliament had no power to amend Part III of the Constitution such as to take away or abridge Fundamental Rights.
The view was further strengthened in the Kesavananda Bharti case and the Indira Gandhi vs Raj Narian case wherein it was held that Parliament's power to make laws and amend the Constitution cannot take away the Fundamental Righs or to completely change the fundamental features of the Constitution so as to destroy its identity.
In an unanimous verdict, a nine-member Constitution Bench headed by Chief Justice Y K Sabharwal rejected Government's claim that certain laws even if they infringed the fundamental rights of citizens cannot be subjected to judicial review, if the legislations were placed under the Ninth Schedule.
The judgement, which came a day after apex court ruled that Parliament's decisions were subject to judicial review, assumes significance in the wake of laws like the one in Tamil Nadu which provides 69 per cent reservations and has placed it under the Ninth Schedule to circumvent judicial review.
The apex court had earlier held that social reservations shall under no circumstances exceed the permissible limit of 50 per cent. To overcome the ruling, the then Jayalalithaa government placed the law under the Schedule.
Several other states had come out with their own laws on land reforms, land ceilings and other local legislations purportedly infringing upon the fundamental rights and had put them under the Ninth Schedule to avoid judicial scrutiny.
The ruling could affect over 250 legislations enacted by the Centre and various states and put under the Schedule.
These include Central Coal Mines Act 1974, Additional Emoluments Act 1974, COFEPOSA Act 1974, Sick Textile Undertaking Act 1974, UP Imposition of Sealing on Land Holdings Act 1974, Orissa Land Reforms Act 1965 and ESMA.
The Bench held that although the Government was entitled to place laws in the Ninth Schedule, such legsislations if they violated the fundamental rights guaranteed under Articles 14, 15, 19, 20 and 21 of the Constitution are liable to be struck down by courts.
An NGO 'Common Cause' had challenged such legislations.
The Supreme Court constituted a nine-member Bench to decide on the constitutional validity of the issue.
The cut-off date 24th April, 1973 has been fixed for the Ninth Schedule as it was on that day a 13-member Constitution Bench of the Supreme Court gave its historic ruling in the Keshavananda Bharti case that Parliament had no power to amend the basic structure of the Constitution.
The Ninth Schedule emanates from Articles 31 A and 31 B which were introduced by the Constitution's (first amendment) Act 1951, with effect from 18th June, 1951, to ensure that certain laws were valid even if it violated the Fundamenal Rights of a citizen.
In other words Parliament arrogated to itself the power to amend the Constitution in any manner it liked, irrespective of the fact whether it overided the Fundamental Rights.
Incidentally, in 1952, the Supreme Court in the Shankari Prasad Singh Deo vs Union of India case held that Articles 31 and 31 B were constitutionally valid amendments.
Since a constitutional amendment was an exercise of constituent power, Fundamental Rights under Part III were not immune from such amendment. The power to amend is without any exception, whatsover, the apex court had held in that case.
The effect of that judgement was that Article 13 (2) which prohibited the State from making legislations abrogating the Fundamental Rights would not apply in the case of laws placed in the Ninth Schedule of the Constitution.
Secondly, it was held in the said judgement that the powers of the High Court and the Supreme Court were not in any manner infringed and all that was done by insertions of Articles 31 A and 31 B was that a certain class of cases had been excluded from being given the protection of Fundamental Right.
However, subsequently in 1967 in the Golak Nath's case by a majority opinion a 11-member Bench of the apex court ruled that Parliament had no power to amend Part III of the Constitution such as to take away or abridge Fundamental Rights.
The view was further strengthened in the Kesavananda Bharti case and the Indira Gandhi vs Raj Narian case wherein it was held that Parliament's power to make laws and amend the Constitution cannot take away the Fundamental Righs or to completely change the fundamental features of the Constitution so as to destroy its identity.
Saturday, November 18, 2006
NDA leaders meet Speaker, discuss issues
NDA leaders have met Lok Sabha Speaker Somnath Chatterjee and apprised him of the issues the Opposition would seek to raise in the winter session of the Parliament beginning on 22nd November. Leader of the Opposition L K Advani, BJP’s Vijay Kumar Malhotra and Santosh Gangawar and BJD’s B K Tripathy called on the Speaker at his residence for a breakfast meeting.
This is a preview of NDA leaders meet Speaker, discuss issues. Read the full post (198 words, estimated 48 secs reading time)
This is a preview of NDA leaders meet Speaker, discuss issues. Read the full post (198 words, estimated 48 secs reading time)
Monday, October 09, 2006
BSP founder Kanshiram cremated
The body of BSP founder and prominent Dalit leader Kanshiram, who pitch-forked dalits to the centrestage of power politics in Uttar Pradesh, has been consigned to flames in New Delhi in the presence of top political leaders and a huge number of his supporters. Two of his sisters and a brother and some other relatives were also present with police protection ordered by Delhi High Court after the family sought his body for the last rites after a post-mortem, suspecting foul play in his death.
This is a preview of BSP founder Kanshiram cremated. Read the full post (156 words, estimated 37 secs reading time)
Filed under National(India)
This is a preview of BSP founder Kanshiram cremated. Read the full post (156 words, estimated 37 secs reading time)
Filed under National(India)
Reform in insurance and banking sector must: PM
Listing financial sector reform and infrastructure as India’s “two biggest priorities,” Prime Minister Manmohan Singh has exuded confidence of getting political support on these issues.
“Financial sector reform and increase in investment in infrastructure, are our two biggest priorities,” Singh said in an interview published in Financial Times coinciding his visit to Britain.
This is a preview of Reform in insurance and banking sector must: PM. Read the full post (389 words, estimated 1:33 mins reading time)
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“Financial sector reform and increase in investment in infrastructure, are our two biggest priorities,” Singh said in an interview published in Financial Times coinciding his visit to Britain.
This is a preview of Reform in insurance and banking sector must: PM. Read the full post (389 words, estimated 1:33 mins reading time)
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Seven accused in Mumbai train blasts case retract statement
In a set back to the prosecution in the 11th July serial blasts case, seven accused have retracted their confession before a special court saying they were taken under duress by police.The accused are Faizal Shaikh, Muzammil Shaikh, Tanvir Ahmed Ansari, Mohammed Kamal Ansari, Ethesham Siddiqui, Sohail Shaikh and Zamir Ahmed Ansari.The stand of the accused to resile their statements given to the police comes 10 days after Mumbai police claimed that they had cracked the train blasts case.
This is a preview of Seven accused in Mumbai train blasts case retract statement. Read the full post (419 words, estimated 1:41 mins reading time)
Filed under National(India)
This is a preview of Seven accused in Mumbai train blasts case retract statement. Read the full post (419 words, estimated 1:41 mins reading time)
Filed under National(India)
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