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Triple Talaq verdict: How the dice rolled in the courts

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Triple Talaq

In a historic judgment, the Supreme Court, on Tuesday, in a 3:2 majority verdict termed Talaq-ul-Biddat or instant triple talaq as “manifestly arbitrary and unconstitutional”; setting the practice aside. We bring to you a timeline of how the verdict, which comes as a relief to lakhs of Muslim women across India, came to pass

■ 16 October, 2015: While dealing with a case filed by a Hindu woman regarding her rights of succession and inheritance, a Supreme Court bench asks Chief Justice of India to set up an appropriate bench to examine if Muslim women face gender discrimination in cases of divorce

■ 5 February, 2016: SC asks Attorney General Mukul Rohatgi to assist it on the pleas challenging constitutional validity of ‘triple talaq, nikah halala and polygamy

■ 28 March, 2016: SC asks Centre to file a copy of the report of a high-level panel on ‘Women and the law: An assessment of family laws with focus on laws relating to marriage, divorce, custody, inheritance and succession’

SC also impleads various organisations, including the All India Muslim Personal Law Board (AIMPLB), as parties in the case

■ 29 June, 2016: SC says triple talaq among Muslims will be tested on “the touchstone of constitutional framework”

■ 7 October, 2016: For the first time in India’s constitutional history, law officers of the Union government oppose the practice of triple talaq in the Supreme Court and move for a review on grounds like gender equality and secularism

■ 9 December, 2016: The Allahabad High Court, in a verdict, stopped short of calling the practice of triple talaq under Muslim law as “unconstitutional” but observed that personal laws could not override constitutionally guaranteed rights of individuals

■ 14 February, 2017: SC allows various interlocutory pleas to be tagged along with the main matter

■ 27 March, 2017: AIMPLB tells SC that these pleas were not maintainable as the issues fall outside judiciary’s realm

■ 30 March, 2017: SC says these issues are “very important” and involve “sentiments”, says a Constitution bench would start hearing the matter from 11 May

■ 3 May: SC asks senior advocate and Congress leader Salman Khurshid to act as amicus curiae in the case

■ 11 May, 2017: SC says it would determine if the practice of triple talaq is in line with the Constitution and fundamental to Islam. “We will only look at triple talaq and whether it is constitutional and not go into issues such as polygamy,” a five-judge Constitution bench said.

■ 12 May: SC says the practice of triple talaq was the “worst” form of dissolution of marriages among Muslims and was “not desirable” even though there were schools of thought which termed it as “legal”

■ 15 May: Attorney General Mukul Rohatgi told the Supreme Court that the Centre will bring in a new law to regulate marriage and divorce among Muslims if the practice of triple talaq is declared unconstitutional. He also asked the court to examine other aspects of Muslim personal law including nikah halala and polygamy

■ 16 May, 2017: AIMPLB says triple talaq is a 1,400-year-old practice, constitutional morality and equity cannot arise when a matter of faith is concerned

■ 17 May, 2017: SC asks the AIMPLB whether a woman can be given an option of saying ‘no’ to triple talaq at the time of execution of nikahnama (Islamic marriage contract). The five-judge Constitution bench headed by Chief Justice JS Khehar also wondered if all Qazis can be asked to include this condition at the time of marriage

■ 18 May, 2017: SC reserves verdict on batch of petitions challenging the constitutional validity of triple talaq

■ August 22, 2017: Judgement Day – Chief Justice of India begins reading out opinion given by different judges on the Bench. For a moment, it appears that since the verdict isn’t unanimous, the apex court wants to push the matter into the government’s lap as the Chief Justice and Justice S Abdul Nazeer favour that an injunction be imposed on triple talaq for 6 months during which the government can frame a law on the validity of triple talaq and have it passed by the Parliament.

However, it soon appears that Chief Justice Khehar and Justice Nazeer were both in a minority and the majority – Justices Kurian Joseph, Rohinton Nariman and UU Lalit – all ruled that Talaq-ul-Biddat is “manifestly unconstitutional, arbitrary” and also against the tenets of Islam and the Sharia laws. With the verdict split 3:2 and a majority calling the practice unconstitutional, triple talaq is set aside by the Bench.

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Congress suspends 5 Haryana MLAs over cross-voting in Rajya Sabha polls

Congress suspends five Haryana MLAs for cross-voting in Rajya Sabha elections, citing serious indiscipline and anti-party activities.

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The Congress has suspended five of its MLAs in Haryana for cross-voting during the recent Rajya Sabha elections, taking disciplinary action over what it described as “anti-party activities”.

The move came after the state unit reviewed the conduct of certain legislators during the polls, where some were found to have voted against the party’s authorised candidate.

Five MLAs suspended after disciplinary process

According to party sources, the MLAs were issued show-cause notices seeking an explanation for their actions. After reviewing their responses, the Congress disciplinary committee recommended suspension.

The decision was approved by the party leadership, including Congress president Mallikarjun Kharge, and has been implemented with immediate effect.

Party calls it ‘grave indiscipline’

Haryana Congress chief Udai Bhan said the action was necessary to uphold party discipline, stressing that defying the official party line during elections weakens organisational unity.

He said the party takes such violations seriously and will continue to act against any form of indiscipline.

Leadership backs strict action

Senior Congress leader and Leader of Opposition Bhupinder Singh Hooda supported the decision, saying it was taken after due consideration.

He noted that while Rajya Sabha elections are conducted through an open ballot system, allowing legislators some flexibility, the party retains the authority to initiate internal disciplinary action in cases of deviation.

Background

The action follows cross-voting reported during the recent Rajya Sabha elections in Haryana, which led to internal concerns within the party. The development has highlighted organisational challenges and prompted the leadership to take corrective steps to reinforce discipline.

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Harivansh set to be elected Rajya Sabha Deputy Chairperson unopposed

Harivansh is set to be elected unopposed as Rajya Sabha Deputy Chairman after no opposition nominations were filed before the deadline.

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Former Rajya Sabha Deputy Chairman Harivansh is set to be re-elected to the same post unopposed in the election due to be held later today.
The date has been fixed by the Chairman under the relevant rules governing the conduct of business in the Upper House.
According to sources, the deadline for submitting motions for the election was 12 noon on April 16. A total of five notices were received within the stipulated time, all proposing Harivansh for the post.

Multiple nominations, single candidate
The motions were submitted by members across parties, including Jagat Prakash Nadda, Nitin Nabin, Nirmala Sitharaman, Sanjay Kumar Jha, and Jayant Chaudhary, each backed by seconding members.
All five motions explicitly state that Harivansh be chosen as the Deputy Chairman of the Rajya Sabha.

No opposition nomination filed

Notably, no motion was submitted by the Opposition before the deadline. This effectively clears the path for a unanimous election, as there is no contest for the position.
As per parliamentary procedure, motions will be taken up one by one. Once any one motion is adopted by the House, the remaining motions will not be put to vote.

Likely to be elected by voice vote
In line with established practice, the first motion — expected to be moved by Nadda — may be adopted through a voice vote. Following this, the Chairman will formally declare Harivansh as elected Deputy Chairman.
After the declaration, Harivansh will be escorted to the Chair by members from both the Treasury and Opposition benches, adhering to parliamentary convention.

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Amit Shah counters delimitation concerns, says southern states to gain Lok Sabha seats

Amit Shah assures Parliament that southern states will gain Lok Sabha seats after delimitation, countering opposition criticism during the women’s reservation debate.

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Amit Shah

Union Home Minister Amit Shah on Thursday addressed concerns over the proposed delimitation exercise, asserting in the Lok Sabha that southern states will not lose representation but instead see an increase in their number of seats.

His remarks came during a heated debate linked to the implementation of women’s reservation, where opposition parties have raised fears that population-based delimitation could reduce the political weight of southern states.

Shah rejected these claims, calling them misleading, and said the proposed framework ensures fairness while expanding the overall strength of the Lok Sabha.

Seat count to rise with expansion of Lok Sabha

The government has indicated that the total number of Lok Sabha seats could increase significantly as part of the delimitation process. In this expanded House, the combined representation of southern states is expected to rise from 129 seats at present to around 195 seats.

Shah emphasised that no state will lose seats in absolute terms, and the exercise is designed to reflect population changes while maintaining balance across regions.

State-wise projections shared in Parliament

During his address, Shah also provided indicative figures for individual southern states, suggesting notable increases in representation. According to the projections:

  • Tamil Nadu could see its seats rise substantially
  • Kerala, Telangana, and Andhra Pradesh are also expected to gain additional seats
  • Karnataka’s representation may increase as well

These figures were presented to counter the argument that delimitation would disproportionately favour northern states.

Political debate intensifies over linkage with women’s quota

The delimitation exercise has been closely linked to the rollout of women’s reservation, which proposes one-third seats for women in Parliament and state assemblies.

Opposition leaders have questioned this linkage, arguing that tying reservation to delimitation could delay its implementation and raise federal concerns. Some leaders have also warned that the move could impact national unity if apprehensions among states are not addressed.

The government, however, maintains that the reforms are necessary to ensure equitable representation and to align the electoral system with demographic realities.

Centre dismisses ‘false narrative’ on southern states

Shah reiterated that concerns about southern states losing influence are unfounded. He said the delimitation process will increase representation across regions and described the criticism as a “false narrative” aimed at creating confusion.

The issue is expected to remain a key flashpoint as Parliament continues discussions on the women’s reservation framework and related legislative changes.

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