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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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8 years ago

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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]

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PM Modi marks Operation Sindoor anniversary, calls it India’s firm stand against terrorism

PM Modi said Operation Sindoor showcased India’s firm response against terrorism while paying tribute to the armed forces on the operation’s first anniversary.

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3 hours ago

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May 7, 2026

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PM Modi

Prime Minister Narendra Modi on Thursday said Operation Sindoor demonstrated India’s firm response against terrorism and highlighted the country’s commitment to national security.

Marking one year of the operation, the Prime Minister praised the courage, precision and professionalism of the Indian armed forces. He said the military action was carried out in response to the Pahalgam terror attack that had claimed the lives of 26 civilians in 2025.

Operation Sindoor was launched on May 7, 2025, as a calibrated tri-services operation targeting terror infrastructure linked to cross-border terrorism. Reports said the operation showcased coordinated action by the armed forces and was seen as a major counter-terror response by India.

On the anniversary of the operation, PM Modi also changed the display pictures across his social media platforms, including X, Facebook, Instagram and WhatsApp. The image carried the text “Operation Sindoor” along with the Indian tricolour design.

The Indian Air Force also shared visuals and messages recalling the operation and highlighting India’s military response. A video released by the force described the operation as a strong message against terrorism and referred to the precision strikes carried out during the mission.

Operation Sindoor was launched following the Pahalgam terror attack, after which India carried out strikes on terror camps in Pakistan and Pakistan-occupied Kashmir, according to official statements and reports published at the time.

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India News

Vijay meets Tamil Nadu Governor again as TVK pushes to prove majority

TVK chief Vijay held another meeting with Tamil Nadu Governor Rajendra Vishwanath Arlekar as the party intensified efforts to secure majority support after emerging as the single-largest party in the Assembly elections.

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3 hours ago

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May 7, 2026

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Actor vijay

Actor-turned-politician Vijay met Tamil Nadu Governor Rajendra Vishwanath Arlekar again on Thursday as his party, Tamilaga Vettri Kazhagam (TVK), continued efforts to prove it has enough support to form the next government in the state.

TVK emerged as the single-largest party in the 234-member Tamil Nadu Assembly after winning 108 seats, but it remains short of the majority mark of 118.

The Congress has extended support to TVK, adding five MLAs to Vijay’s side. However, the alliance still needs additional backing from other parties or independents to comfortably cross the halfway mark.

According to reports, the Governor has not yet been fully convinced that TVK currently has the required numbers to form a stable government. This has delayed clarity over the swearing-in ceremony and the formal invitation to form the government.

Political activity intensified after reports emerged that some AIADMK legislators were moved to a resort in Puducherry amid speculation over possible support to TVK. AIADMK leaders, however, publicly denied any internal crisis.

TVK sources have expressed confidence that the party will be able to demonstrate majority support during discussions with the Governor.

The Tamil Nadu election results marked a major political shift in the state, with TVK breaking the long-standing dominance of the DMK and AIADMK in its first Assembly election contest.

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India News

PM Modi changes social media profile pictures to mark Operation Sindoor anniversary

PM Modi changed his social media profile pictures to commemorate one year of Operation Sindoor, with several NDA leaders following the move.

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3 hours ago

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May 7, 2026

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PM Modi speech

Prime Minister Narendra Modi on Thursday updated the display pictures of his social media accounts to mark the first anniversary of Operation Sindoor. The new image was seen across his profiles on X, Facebook, Instagram and WhatsApp channels.

The updated profile picture carries the text “Operation Sindoor” on a black background along with elements of the Indian tricolour. One of the letters in the word “Sindoor” has been stylised using vermilion, commonly associated with married Hindu women.

Operation Sindoor was launched a year ago by Indian defence forces and the Border Security Force along the western border. The anniversary was also marked by several Union ministers and NDA leaders, who changed their social media profile pictures in a similar manner.

External Affairs Minister S. Jaishankar and other senior leaders were among those who adopted the commemorative display image on social media platforms, according to reports.

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