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J&K: 5-judge Constitution bench to hear plea against Modi govt’s move on Art 370

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The Supreme Court today (Wednesday, Aug 28) referred to a five-judge Constitution Bench the petitions challenging the Narendra Modi government’s revocation of special status of the State of Jammu and Kashmir under Article 370 and bifurcation of the state into two Union Territories.

The bench of CJI Ranjan Gogoi, Justice SA Bobde and Abdul Nazeer issued notice in the matter while fixing the first week of October to hear it. The court also sought a response from the Centre and Jammu and Kashmir administration.

“We will refer the matter to a five-judge Constitution bench”, the bench said while not accepting the arguments that the issuance of notice will have a “cross-border repercussion”.

The government, represented by Attorney General KK Venugopal and Solicitor General Tushar Mehta, were urging the court to exercise restraint as far as orders and oral observations on Jammu and Kashmir were concerned.

“Notice is issued for the purpose of intimating parties to be present for the hearing. We are already here”, said Mehta, adding that “it had repercussions in other countries”. Ramachandran wondered how the court issuing notice in the normal course “can embarrass anyone”.

Mehta replied that it “doesn’t embarrass anyone, but other countries are taking advantage”. Attorney General KK Venugopal also urged the court not to issue a notice saying “this is a very serious issue”.

As the counsel appearing for both sides were involved in arguments and counter-arguments, the bench said, “We know what to do, we have passed the order, we are not going to change”.

“Let all the petitions on Article 370 issue go to a five-judge Bench for hearing,” Chief Justice of India (CJI)Ranjan Gogoi, heading the three-judge Bench, said.

The CJI indicated the Constitution Bench may start hearing the matter from October beginning.

On communication blackout in Kashmir

The bench also issued notice on the petition by Kashmir Times Executive Editor Anuradha Bhasin challenging what she claimed was the “communication blackout” in J&K.

Her petition sought a relaxation of restrictions and to allow journalists “to practise their profession and exercise their right to report freely on the situation prevailing in J&K after clampdown on the entire State on August 4, 2019”.

Bhasin, represented by senior lawyer Vrinda Grover, described the ground situation as that of “absolute and complete Internet and telecommunication shutdown, severe restrictions on mobility and sweeping curtailment on information sharing in the Valley, at a time when significant political and constitutional changes are being undertaken in Delhi to the status of J&K”.

She said the information blackout was “fuelling anxiety, panic, alarm, insecurity and fear among the residents of the Kashmir”.

Also Read: J&K: Modi govt sets up 5-member Group of Ministers to draw up development plan

Yechury allowed

The three-judge Bench also allowed Sitaram Yechury, general secretary of the Communist Party of India (Marxist), to visit Jammu and Kashmir to meet his party colleague MY Tarigami.

Yechury, represented by senior advocate Raju Ramachandran, said he wanted to meet Tarigami as there was no news of him. He wanted to know about the welfare and whereabouts of his colleague.

Mehta saidTarigami’s health was monitored every day and “he is hale and hearty”. “What can happen to him [Tarigami]? He is provided Z-category security.”

“Whether he has Z or Z Plus category, if a citizen wants to go and meet him, you have to let him,” Chief Justice Gogoi told Mehta.

Mehta said the government would make arrangements to escort Yechury.

The Chief Justice retorted, “You don’t escort, he [Yechury] will go on his own.”

Chief Justice Gogoi also agreed to Ramachandran’s assurance that Yechury would give an undertaking to limit his trip to J&K only to meet Tarigami and not travel around.

“If he does that, you report back to us,” the Chief Justice told Mehta.

Others petitions on Article 370 and J&K

National Conference leaders, and a Kashmiri lawyer are among the petitioners that have challenged the Centre’s August 5 decision to scrap Article 370.

The various petitions include one by the National Conference party challenging the Centre’s “unilateral” move to impose curfew and unravel the unique federal structure of India by dividing Jammu and Kashmir “without taking consent from the people,” IAS officer-turned-politician Shah Faesal, activist Shehla Rashid, Advocate ML Sharma and a plea by young lawyer Mohammed Aleem Sayed, worried about his aged parents in the Valley.

The petition filed by detained politician Shah Faesal and Shehla Rashid Shora contended that the August 5 Presidential Order and the Jammu and Kashmir Reorganisation Act of 2019 were arbitrary. They also challenged the proclamation of President’s Rule in the State in December 2018.

The three-judge Bench allowed the young lawyer Sayed to meet his parents. It asked the State to provide him adequate protection. The court took up his case first.

The main petitionschallenge the Centre’s sudden move to “unilaterally unravel the unique federal scheme, under cover of President’s Rule, while undermining crucial elements of due process and the rule of law”.

They said what happened to Jammu and Kashmir “goes to the heart of Indian federalism”.

The NC petition said, “National integration is best served by a pluralistic federal model. Under this model, one size need not always fit all.”

The petitions said the Presidential Order substituted the concurrence of the Governor for that of the State government to change the very character of a federal unit.

The Presidential Order took cover of a temporary situation, meant to hold the field until the return of the elected government, to accomplish a fundamental, permanent and irreversible alteration of the status of the State of Jammu and Kashmir without the concurrence, consultation or recommendation of the people of that State, acting through their elected representatives, they said.

They argued that the order used Article 370 to demolish Article 370. It amounted to the overnight abrogation of the democratic rights and freedoms guaranteed to the people of Jammu and Kashmir upon its accession.

The basic purpose of Article 370 was to facilitate the extension of constitutional provisions to the State in an incremental and orderly manner, based upon the needs and requirements, without dismantling the State Constitution.

The August 5 order, by replacing the recommendation of the ‘Constituent Assembly’ with that of the ‘Legislative Assembly’ in order to alter the terms of Article 370, assumed that the Legislative Assembly of the State of Jammu and Kashmir had a power that its own Constitution, under Article 147, denied to it. Thus, the August 5 order was ineffective, the petitions said.

India News

Armed Jaish terrorist held by BSF during infiltration attempt in Jammu and Kashmir

A Jaish-e-Mohammed terrorist armed with an AK rifle was arrested by the BSF in Jammu and Kashmir’s Akhnoor sector while attempting to infiltrate across the border.

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Terrorist arrested

A Jaish-e-Mohammed terrorist carrying an AK rifle was arrested by the Border Security Force in Jammu and Kashmir’s Akhnoor sector while attempting to infiltrate from across the border, according to official sources.

The arrested individual has been identified as Abdul Khalik, a resident of the Budhal area in Rajouri district. Security officials said Khalik was working as an overground worker for a terror network active in the Poonch and Rajouri regions.

Terrorist crossed over to Pakistan for training

Preliminary investigations revealed that Khalik had gone missing from his native area a few years ago and had crossed into Pakistan, where he allegedly received arms training. He was intercepted by alert BSF personnel near the International Border during an infiltration attempt and was subsequently taken into custody.

After his arrest, Khalik was handed over to the local police for further questioning and legal action.

Security agencies on alert along border areas

Officials view the incident as part of a renewed push to revive terror activities in Jammu and Kashmir by sending back local operatives familiar with the region’s terrain. Security agencies have also stepped up vigilance following inputs that multiple launch pads across the border have been reactivated after a prolonged lull.

Authorities said enhanced surveillance and counter-infiltration measures are in place across vulnerable sectors in the Jammu region to prevent further attempts.

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India News

MNREGA may be renamed Pujya Bapu Gramin Rozgar Yojana, proposal sent to Cabinet

The Centre has proposed renaming MNREGA as Pujya Bapu Gramin Rozgar Yojana and increasing guaranteed employment to 125 days, with the proposal now before the Cabinet.

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The Central government has moved a proposal to rename the Mahatma Gandhi National Rural Employment Guarantee Scheme (MNREGA), one of the country’s largest social security programmes, with the matter now placed before the Union Cabinet for approval. As per the proposal, the scheme could be rebranded as Pujya Bapu Gramin Rozgar Yojana

Preparations are underway to roll out the restructured programme, which is expected to increase the guaranteed employment days for rural households to 125 days per year, up from the current provision of at least 100 days.

Higher allocation and expanded employment guarantee

According to the information shared, the government is working on allocating more than Rs 1.5 lakh crore for the revamped rural employment scheme. The proposed changes are aimed at strengthening income support for poor families living in rural areas.

MNREGA, enacted as a labour law and social security measure, provides unskilled manual work to eligible rural households and legally guarantees the right to employment. At present, around 154 million people are employed under the programme, with women accounting for nearly one-third of the beneficiaries.

Background of the scheme

The employment guarantee programme was launched during the Manmohan Singh-led government and was initially known as the National Rural Employment Guarantee Act. In 2009, it was renamed after Mahatma Gandhi.

A key feature of the scheme is its decentralised structure, with the Panchayati Raj institutions responsible for ensuring 50 per cent of the work. Another crucial provision mandates that if employment is not provided within 15 days of application, beneficiaries are entitled to an unemployment allowance.

The proposal to rename the flagship scheme and expand its scope is currently awaiting Cabinet consideration, after which a formal decision is expected.

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India News

Delhi Metro starts construction of new Golden Line linking Lajpat Nagar and Saket

Delhi Metro has commenced construction of the Lajpat Nagar–Saket G Block Golden Line under Phase-IV, aiming to improve connectivity across South Delhi.

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Delhi Metro

The Delhi Metro Rail Corporation has formally begun construction work on the Lajpat Nagar–Saket G Block corridor, also referred to as the Golden Line under Phase-IV of the metro expansion. The start of civil work marks a key step in extending metro connectivity in South Delhi.

The ceremonial groundbreaking and first test pile were carried out near Pushpa Bhawan in the Saket area, in the presence of senior DMRC officials. The construction is being executed by Rail Vikas Nigam Limited, which has been assigned the responsibility for this corridor.

Eight elevated stations planned on the corridor

The Lajpat Nagar–Saket G Block stretch will be a fully elevated line with eight stations along the route. These stations will be located at Lajpat Nagar, Andrews Ganj, GK-1, Chirag Delhi, Pushpa Bhawan, Saket District Centre, Pushp Vihar and Saket G Block.

According to officials, the corridor is expected to ease daily travel for residents of densely populated neighbourhoods such as Greater Kailash-1, Saket and Pushp Vihar. Improved access to schools, offices and commercial areas is also among the anticipated benefits once operations begin.

Integration with existing metro lines

The Golden Line will connect with three existing metro corridors, enhancing network integration in South Delhi. Lajpat Nagar will emerge as a triple-interchange station with links to the Violet Line and the Pink Line, while Chirag Delhi will provide interchange access to the Magenta Line.

Trains on the new corridor will have a capacity of about 900 passengers per trip, with each coach designed to carry nearly 300 commuters. Projections indicate that daily ridership on the line could exceed 1.2 lakh passengers by 2041 as train frequency increases and surrounding areas continue to grow.

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