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Instant ‘triple talaq’ is unconstitutional says SC in 3:2 split verdict, asks Centre to draft rules within 6 months

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If the Centre fails to draft the rules and have a legislation passed by Parliament within the set time frame, then the injunction on ‘triple talaq’ will continue since a majority of the five-judge Bench of the Apex Court has ruled the practice as “arbitrary and unconstitutional”.

At 10.55 AM, on Tuesday, the abominable and ‘unislamic’ practice of instant triple talaq was deemed as “manifestly arbitrary and unconstitutional” in a majority verdict of a five-judge Bench of the Supreme Court.

While three judges ruled in favour of an instant ban on the practice, two others – including Chief Justice of India JS Khehar – directed the Centre to draft rules on the validity of triple talaq and have a legislation passed by Parliament within six months.

However, since the Supreme Court has passed a majority verdict (in the opinion of Justices Kurien Joseph, Rohinton Nariman and UU Lalit) calling triple talaq or Talaq-ul-Biddat “unconstitutional”, should the Parliament fail to legislate on the matter within the 6-month timeframe, the ban on instant triple talaq will continue.

In a tersely worded opinion, Justices Nariman and Lalit said: “it is clear that this form of talas (Talaq-ul-Biddat) is manifestly arbitrary in the sense that the marital tie can be broken capriciously and whimsically by a Muslim man without any attempt at reconciliation…this form of talaq must, therefore, be held to be violative of the fundamental right contained under Article 14 of the Constitution… and must be struck down as being void.”

The historic verdict – its lure only slightly diminished because it wasn’t unanimous as Chief Justice Khehar and Justice S Abdul Nazeer thought it better to lob the controversial ball in the court of the government and Parliament – comes as a major relief to lakhs of Muslim women across India whose lives have been ruined due to the practice of triple talaq.

Shayara Banu, a key petitioner in the case, expectedly welcomed the judgement saying it was “a historic day for Muslim women and the government too should now bear the opinion of the three judges (who termed triple talaq as unconstitutional) in mind while framing an appropriate legislation that reaffirms the invalidity of the practice.”

The All India Muslim Personal Law Board (AIMPLB) which had opposed both, a judicial intervention in what it called an “internal matter of the Muslim community” and any effort to ban triple talaq, has now been left with little option for a recourse. However, the legal committee of the AIMPLB will now study the verdict and give its opinion on it to the Board’s executive committee which will then discuss, at a meeting scheduled for September 10 in Bhopal, “the future course of action” available to it.

What needs to be born in mind, however, is that the order of the Supreme Court can be applied only to ban the practice of instant triple talaq or Talaq-ul-Biddat as only this was the matter under jurisdiction. The order does not state anything on banning, regulating or upholding the other form of divorce prevalent in the Islamic community – Talaq-ul-Sunnat or revocable divorce. Talaq-ul-Sunnat, which finds sanction in the Hadees/Hadith (the preachings of Prophet Mohammed), allows for a divorce to be revoked if the husband and wife reconcile their differences. Instant triple talaq, however, doesn’t find any mention in the Quran or the Hadees as has been pointed out by several Islamic scholars and legal experts during the hearing in the Supreme Court and also upheld by the three judges who termed it an “arbitrary” practice.

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India News

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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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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PM Modi assures no discrimination in women’s quota, delimitation debate intensifies in Parliament

PM Narendra Modi has assured that women’s reservation will be implemented without discrimination, amid a heated debate over delimitation in Parliament.

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Prime Minister Narendra Modi has assured that there will be no discrimination in the implementation of women’s reservation, as Parliament witnessed a sharp debate over the proposed linkage between the quota and delimitation exercise.

During the ongoing special session, the government reiterated its commitment to ensuring fair representation while addressing concerns raised by opposition parties regarding the timing and structure of the legislation.

The proposed framework aims to reserve 33 percent of seats for women in the Lok Sabha and state assemblies. However, its implementation is tied to a fresh delimitation exercise, which is expected after the next census.

Opposition questions timing and intent

Opposition leaders have raised concerns that linking the women’s quota to delimitation could delay its implementation. They argue that the process of redrawing constituencies may push the actual rollout further into the future.

The issue has triggered a broader political confrontation, with multiple parties questioning whether the move could alter representation across states.

Some critics have also alleged that the delimitation exercise could disproportionately benefit certain regions based on population, a charge the government has rejected.

Government reiterates commitment to fair implementation

Responding to these concerns, the Centre has maintained that the reforms are necessary to ensure accurate and updated representation based on population data.

Leaders from the ruling side have repeatedly emphasized that the process will be carried out transparently and without bias. The assurance that there will be “no discrimination” is aimed at addressing fears among states and opposition parties.

The debate marks a key moment in Parliament, with both sides engaging in intense exchanges over one of the most significant electoral reforms in recent years.

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Give all tickets to Muslim women, Amit Shah says, attacking Akhilesh Yadav on sub-quota demand

A sharp exchange between Amit Shah and Akhilesh Yadav in Parliament over sub-quota for Muslim women highlights key divisions on women’s reservation implementation.

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A heated exchange broke out in Parliament during discussions on the women’s reservation framework, with Union Home Minister Amit Shah and Samajwadi Party chief Akhilesh Yadav locking horns over the demand for a sub-quota for Muslim women.

The debate unfolded as the government pushed forward key legislative measures to implement 33% reservation for women in the Lok Sabha and state assemblies.

Akhilesh Yadav argued that the proposed reservation must ensure representation for women from marginalised communities, including Other Backward Classes (OBCs) and Muslim women. He said that without such provisions, large sections could remain excluded from political participation.

He also questioned the timing of the bill, alleging that the Centre was avoiding a caste census. According to him, a census would lead to renewed demands for caste-based reservations, which the government is reluctant to address.

Government rejects religion-based quota

Responding to the demand, Amit Shah made it clear that reservation based on religion is not permitted under the Constitution.

He stated that any proposal to provide quota to Muslims on religious grounds would be unconstitutional, firmly rejecting the idea of a separate sub-quota for Muslim women within the broader reservation framework.

The government has maintained that the existing framework already includes provisions for Scheduled Castes (SC) and Scheduled Tribes (ST) women within the overall reservation structure.

Wider political divide over implementation

The issue of sub-categorisation within the women’s quota has emerged as a major flashpoint, even as most opposition parties broadly support the idea of women’s reservation.

Samajwadi Party leaders reiterated that their support for the bill depends on inclusion of OBC and minority women, while the government continues to defend its constitutional position.

The debate is part of a broader discussion during the special Parliament session, where multiple bills linked to delimitation and implementation of the women’s quota are being taken up.

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