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How is a 5-0 order less than a 4-3 verdict, asks a 2-judge SC bench

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How is a 5-0 order less than a 4-3 verdict, asks a 2-judge SC bench

[vc_row][vc_column][vc_column_text]The verdict of a seven-judge bench prevails over that of a five-judge bench, so goes the rule.

Should that be so even if the five judge bench verdict is unanimous while only four judges of a seven-judge bench pass a different order?

A Supreme Court bench of Justices Rohinton F Nariman and Sanjay K Kaul has said this was a question that needs to be addressed.

The bench was deciding on a batch of taxation cases when this question came up. As pointed out, the case involved two lines of judgments by two benches of the apex court.

“Has the time come to tear the judicial veil and hold that in reality a view of five learned judges cannot be overruled by a view of four learned judges speaking for a bench of seven learned judges? This is a question which needs to be addressed and answered,” observed a bench of Justices Rohinton F Nariman and Sanjay K Kaul.

Article 145(5) of the Constitution envisages majority opinion as the law. But there have been instances when the total number of judges of one view may be larger than the number of judges of another view in the larger bench, as raised in the question at the beginning.

In the instance before the two-judge bench, too, it was discovered that numerically, the views were divided by 9:6 if one went by the number of judges. But since the view taken by six judges included a larger bench, the view held by a total of nine judges would not prevail.

This bench referred to similar issues raised by Justice Madan B Lokur in his separately authored judgment in the National Judicial Appointments Commission (NJAC) case.

Justice Lokur had then questioned whether only the numbers in a subsequent bench are what really matters. He had also cited the dangers of following this rule by pointing out that if this were to hold the field then unanimous opinion by nine judges in the Third Judges Case (that established primacy of the Chief Justice of India in appointing judges) could be conveniently overruled by only six judges in a 11-judge bench.

Justices Nariman and Kaul referred to this “anomalous” situation referred to by Justice Lokur in his 2015 judgment and said that the larger bench should now remove all the incongruities and lay down a principle to guide the judges in future.

Justices Nariman and Kaul have referred the issue to a larger bench and have requested the Chief Justice of India (CJI) Dipak Misra to create an appropriate bench to review the article.

According to the sources, a Constitution bench of five judges will now decide the matter.[/vc_column_text][/vc_column][/vc_row]

India News

Manipur violence: Ministers, MLAs houses attacked by protesters after 3 found dead; internet suspended

According to reports, a mob attacked the residence of Health and Family Welfare Minister Sapam Ranjan in the Lamphel Sanakeithel area.

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In a fresh violence, the residence of two Ministers and three MLAs were attacked by protesters in Manipur’s Imphal on Saturday. The protesters were seeking justice for the murder of three persons in the Jiribam district. Following the development, internet services were suspended in seven districts.

In order to combat the situation, the Imphal West authority imposed prohibitory orders in the district for an indefinite period after the mob attacked the legislators’ houses.

Imphal West, Imphal East, Bishnupur, Thoubal, Kakching, Kangpokpi and Churachandpur were the districts where the internet services were suspended for two days, as per the reports.

An order issued by Imphal West District Magistrate Th Kirankumar, a curfew was imposed starting at 4:30 PM on Saturday.

According to reports, a mob attacked the residence of Health and Family Welfare Minister Sapam Ranjan in the Lamphel Sanakeithel area.

David, a representative of the Lamphel Sanakeithel Development Authority, assured the public that the issues surrounding the deaths of three individuals would be addressed in a cabinet meeting, stating that he would resign if the government disregarded public sentiment.

Additionally, protesters targeted the residence of Consumer Affairs and Public Distribution Minister L Susindro Singh.

In the Sagolband area, agitators gathered outside the residence of BJP legislator RK Imo, who is also the son-in-law of Chief Minister N Biren Singh, expressing demands for an appropriate response from the government regarding the killings and urging authorities to arrest the culprits within 24 hours.

According to officials, the protesters who went to meet with independent legislator Sapam Nishikanta Singh at his residence on Tiddim Road vandalised the office of a local newspaper owned by him after knowing he was out of state. The mob reportedly destroyed several temporary structures in front of the office.

On Friday night, three bodies, believed to belong to six individuals who had gone missing from the Jiribam district, were found near the confluence of the Jiri and Barak rivers along the Manipur-Assam border.

The remains of a woman and two children were located approximately 16 km from Borobekra in Jiribam district, not far from where the six people were last seen on November 11.

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Sukhbir Singh Badal resigns as Shiromani Akali Dal president

“He thanked all the party leaders & workers for expressing confidence in his leadership and extending wholehearted support & cooperation throughout the tenure,” Cheema wrote in a post on X.

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Shiromani Akali Dal president Sukhbir Singh Badal has stepped down from his position, said senior party leader Daljit Singh Cheema on Saturday.

Daljit S Cheema, former Education Minister of Punjab, said, “The SAD President S Sukhbir Singh Badal submitted his resignation to the Working Committee of the party today to pave the way for the election of a new President.”

“He thanked all the party leaders & workers for expressing confidence in his leadership and extending wholehearted support & cooperation throughout the tenure,” Cheema wrote in a post on X.

Cheema further said an emergency meeting has been called by the Shiromani Akali Dal (SAD) Working Committee President S Balwinder S Bhundar on November 18 at 12 o’ clock at party headquarters office in Chandigarh.

He said the committee will consider the resignation submitted by Badal and will decide further course of action. “It may be mentioned that elections for the post of President, Office bearers & working committee of SAD are due on Dec 14, 2024 when five year term of present house expires,” he added.

It is worth noting that Badal’s resignation came days after he urged the Akal Takht Jathedar to pronounce his punishment for religious misconduct charges, saying more than two months have passed since he was declared ‘tankhaiya’ (guilty of religious misconduct).

Akal Takht Jathedar Giani Raghbir Singh on August 30, declared Badal ‘tankhaiya’  for “mistakes” committed by the SAD and its government from 2007 to 2017.

In July, Shiromani Akali Dal dissolved its core committee after a meeting held in Chandigarh. Party leader Daljit Singh Cheema informed on X that the core committee will be reorganised shortly.

Earlier, some leaders including Parminder Singh Dhindsa, and Bibi Jagir Kaur, among others, launched a revolt against party chief Sukhbir Singh Badal, demanding change in the leadership after the party’s severe drubbing in the recent Lok Sabha elections.

Some leaders of the party held a meeting in Jalandhar seeking Badal’s resignation. However, some other leaders in the Akali Dal continue to repose faith in Badal.

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In Jamtara, Kharge slams PM Modi, Amit Shah over infiltrators issue in Jharkhand

“The posts of Prime Minister and Home Minister are not just for giving speeches and creating fear among people. They are bound by the duties,” the Congress leader said.

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Congress president Mallikarjun Kharge on Saturday slammed Prime Minister Narendra Modi and Union Home Minister Amit Shah over the issue of infiltrators in Jharkhand and wondered how many intruders have entered the country in the last ten years.

The Congress chief asked if the infiltrators had entered, then whose responsibility was it to stop them. “Was it not the responsibility of the Prime Minister and the Union Home Minister?” Kharge asked.

Addressing an election rally in Jamtara, Kharge said the BJP never talks about the issues of the common man. Instead, it is constantly trying to create an issue of infiltrators in the state, he added. The Saffron party is creating fear among the citizens that the infiltrators will take over the state, Kharge said.

“The posts of Prime Minister and Home Minister are not just for giving speeches and creating fear among people. They are bound by the duties,” the Congress leader said.

“Today I want to ask the BJP leaders how many intruders have entered the country in the last ten years. And if they have entered, then whose responsibility was it to stop them? Is it not Modi-Shah’s? Infiltration has not stopped for ten years,” he said.

Voting for the first phase of 43 seats in Jharkhand was completed on November 13, Kharge said, adding the Opposition INDIA alliance is going to form the government in Jharkhand with a huge majority.

Sarna Dharma Code is an important part of tribal culture and religious identity, Kharge said. “We want that it should be implemented immediately and the rights and dignity of the tribal society should be protected,” he added.

During the rally in Khijri, Kharge also accused the Centre of using ED, CBI, and I-T against those who help the Congress and its allies.

“Anyone who speaks or writes against PM Modi or points out his mistakes is put in jail by the BJP. Investigative agencies like ED, IT, CBI are put after them. But… When injustice is done to Dalits, backward classes and tribals in the country, Modi remains silent,” he charged.

The senior Congress leader alleged that the BJP wanted to form the government in Jharkhand to loot its natural resources.

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