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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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9 years ago

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Supreme court

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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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Nitish Kumar’s son Nishant among 32 inducted in Bihar cabinet expansion

Nishant Kumar entered the Bihar cabinet for the first time as 32 ministers from NDA allies took oath in a major expansion of the state government.

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3 hours ago

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May 7, 2026

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Bihar government cabinet

A major cabinet expansion took place in Bihar on Thursday, with 32 leaders from the ruling NDA alliance inducted into the state government. Among the prominent names was Nishant Kumar, son of former Bihar chief minister Nitish Kumar, who entered the cabinet for the first time.

The expansion included representatives from all major NDA allies in the state. According to reports, the BJP secured 15 ministerial berths, while JD(U) got 13 positions. Two ministers were inducted from Lok Janshakti Party (Ram Vilas), while Hindustani Awam Morcha and Rashtriya Lok Morcha received one berth each.

The oath-taking ceremony was held in Patna in the presence of senior NDA leaders, including Prime Minister Narendra Modi, Union Home Minister Amit Shah and Defence Minister Rajnath Singh.

Nishant Kumar’s induction comes weeks after he formally entered active politics. His entry into the Bihar cabinet is being viewed as a significant development for JD(U), which had long projected an anti-dynasty image under Nitish Kumar’s leadership.

The cabinet reshuffle follows Nitish Kumar’s move to the Rajya Sabha earlier this year and the formation of the government led by Chief Minister Samrat Choudhary.

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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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9 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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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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9 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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