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SC Constitution Bench to hear plea against compulsory Sanskrit and Hindi prayers in KVs

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Kendriya Vidyalaya assembly prayer

[vc_row][vc_column][vc_column_text]The Supreme Court today (Monday, Jan 28) said Constitution Bench should decide a petition challenging the compulsory recital of Hindi and Sanskrit prayers by Kendriya Vidyalaya students in the morning assembly.

The apex court directed that the plea be placed before Chief Justice of India Ranjan Gogoi for referring it to an appropriate bench, said media reports.

The petition, filed by Madhya Pradesh-based lawyer Veenayak Shah, has challenged the Article 92 of the “Revised Education Code of Kendriya Vidyalaya Sangathan” terming it as “unconstitutional” on the grounds that it contravenes Articles 28(1), 19(1)(a) and 25(1) of the Indian Constitution.

In his petition, Shah said the practise of prayer created obstacles in developing scientific temperament among students as the whole idea of God and religious faith is given immense priority and instilled as a thought-process among the students.

“Students as a result learn to develop an inclination towards seeking refuge from the almighty instead of developing a practical outcome towards the obstacles and hurdles faced in everyday life, and the spirit of enquiry and reform seems to be lost somewhere,” the plea said.

Shah said the prayers are “based on Hindu religion” and was being “imposed” on students irrespective of their faith and belief.

According to the Revised Education Code for Kendriya Vidyalayas implemented in 2013, “compulsory attendance” of students in the morning assembly is required where they have to recite the prayers.

“The common prayer is in Sanskrit and Hindi, and all the students irrespective of their faith and belief have to perform the prayer in a respectful manner by closing their eyes and folding their hands. All the teachers share the collective responsibility of supervising the assembly and making sure that every student folds his/her hands, closes his/her eyes and recites the prayers without fail,” the petitioner contended and alleged that “any student failing to do so is punished and humiliated in front of the entire school”.

Shah quoted the prayers in the petition and said it “is being enforced throughout the country in all Kendra Vidyalayas. As a result, parents and children of the minority communities as well as atheists and others who do not agree with this system of prayer, such as agnostics… rationalists and others would find the imposition of this prayer constitutionally impermissible.”

The petition claimed that “a perusal of the prayer shows that it is based on Hindu religion and it is very different, both in substance and form from the prayers of the other religious/ non-religious orientations mentioned above”.

He added that this raised the question of whether the “state” could “impose” a “common prayer” on students and teachers throughout India.

Shah also submitted before the court that the common prayer is a “religious instruction” within the meaning of Article 28 of the Constitution and should therefore be prohibited. Article 28(1) says that no religious instruction shall be provided in any educational institution wholly maintained out of state funds.

The plea was being heard by a two-judge bench of Justice Rohinton F Nariman and Navin Sinha.

“We think this is an issue of seminal importance… a Constitution Bench should examine it,” Justice Nariman told solicitor general (SG) Tushar Mehta, who appeared on behalf of the Union government.

“We think this is an issue of seminal importance… a Constitution Bench should examine it,” Justice Nariman told solicitor general (SG) Tushar Mehta, who appeared on behalf of the Union government.

Mehta contended that singing of Sanskrit hymn ‘Asato Ma Sadgamaya’ at the school assembly every morning does not amount to imparting religious instructions. “It is a universal truth, recognised by all texts, all paths of religion. It cannot become religious only because it is in Sanskrit. You have Christian schools saying ‘Honesty is the best policy’. Will that make the statement religious? I don’t think so,” Mehta said.

Justice Nariman said, “But this hymn ‘Asato Ma Sadgamaya’ is directly from the Upanishad.”

The SG replied that the official logo of the Supreme Court also carries a hymn from Bhagvad Gita. “The logo, which is there behind every judge of this Court says ‘Yato Dharmas Tato Jaya’, meaning where there is Dharma, there is victory. There is nothing religious or communal about it,” Mehta said.

However, Justice Nariman was convinced that this matter should go to a larger bench. He ordered that the petition will be placed before the Chief Justice of India for setting up an appropriate bench.

In the previous hearings, the court had issued notice to the Centre asking for its response on the move.

The bench comprising Justices R F Nariman and Navin Sinha had described it a “serious constitutional issue” which needs to be examined.

 

Tags: Supreme Court, Constitution Bench, Kendriya Vidyalaya, Hindi and Sanskrit prayers, religious instruction[/vc_column_text][/vc_column][/vc_row]

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Pawan Khera faces fresh setback as Supreme Court refuses relief in passport row case

Congress leader Pawan Khera faces fresh setback as Supreme Court refuses interim relief and directs him to seek bail from Guwahati High Court.

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Pawan Khera

Congress leader Pawan Khera suffered another legal setback on Friday after the Supreme Court of India declined to extend protection in a case linked to his remarks about Himanta Biswa Sarma’s wife.

A bench of the apex court refused to interfere with an earlier order that had stayed the transit anticipatory bail granted to Khera by the Telangana High Court. This decision leaves the Congress leader open to possible arrest by Assam Police in connection with the case.

During the hearing, Khera’s counsel sought interim protection, but the court declined the request and advised him to approach the appropriate court in Assam for relief. The bench clarified that the Guwahati High Court should decide any bail plea independently and on its merits.

“Am I a terrorist?” remark during hearing

While seeking protection, Khera’s legal team expressed concern over the urgency of the situation. In court, his counsel remarked, “Am I a terrorist?” highlighting the plea for temporary relief until a fresh bail application could be filed.

The Supreme Court also raised concerns over the submission of incorrect documents during the proceedings, adding another layer to the legal complications faced by the Congress leader.

Case linked to remarks on CM’s wife

The case stems from a press conference held earlier this month, where Khera made allegations regarding the citizenship status and financial assets of the Assam Chief Minister’s wife, Riniki Bhuyan Sharma.

He had claimed that she possessed multiple passports and owned undisclosed overseas properties. These allegations were strongly denied by the Chief Minister’s family, who termed them fabricated and misleading.

Legal battle intensifies

Earlier, the Telangana High Court had granted Khera temporary transit anticipatory bail, allowing him time to seek relief from a competent court in Assam. However, the Supreme Court stayed that order following a challenge by Assam authorities, escalating the legal battle.

With the latest ruling, Khera is now expected to move the Guwahati High Court for anticipatory bail as the case continues to unfold.

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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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