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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.

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MK Stalin predicts frequent PM Modi visits to Tamil Nadu before assembly election

MK Stalin has said Prime Minister Narendra Modi will visit Tamil Nadu more often ahead of the Assembly election, calling the tours politically motivated and questioning the Centre’s support to the state.

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MK Stalin

Tamil Nadu Chief Minister M. K. Stalin has predicted that Prime Minister Narendra Modi will increase his visits to the state as the Assembly election, expected in April or May, draws closer.

Speaking ahead of the polls, the DMK president said the Prime Minister has already begun touring Tamil Nadu and is likely to visit frequently in the coming months. He claimed that such visits could create discomfort within the BJP-led National Democratic Alliance (NDA), as alliance partners may fear the political impact of repeated appearances.

Stalin calls visit politically motivated

The Chief Minister described the Prime Minister’s scheduled programmes in the state as “politically motivated”. PM Modi is set to attend various events in Madurai in southern Tamil Nadu, including the inauguration of the first phase of the AIIMS hospital project. He is also expected to visit the Thiruparankundram Temple amid the Karthigai Deepam-related controversy and participate in a public meeting organised by the NDA.

Stalin said he has been working for all sections of the population, including those who did not vote for his party. In contrast, he remarked that some leaders are visible in the state only during election time and increase their visits as polls approach.

Criticism over Union Budget allocations

The DMK leader also criticised the BJP-led central government, accusing it of neglecting Tamil Nadu. He pointed out that while approval was recently granted for the Gujarat Metro project, there were no major announcements or allocations for Tamil Nadu in the Union Budget.

Stalin asserted that voters would remember the lack of significant measures for the state. He framed the upcoming election as a contest between Tamil Nadu and the NDA, stating that the state should be governed from Fort St George in Chennai rather than from Delhi.

The ruling DMK is currently allied with several smaller parties and, at present, the Congress, as it seeks a third consecutive term in office. Its principal rival, the AIADMK, is aligned with the BJP as part of the NDA.

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Shashi Tharoor questions Centre over Kerala name change to Keralam

Shashi Tharoor has criticised the Centre’s decision to approve renaming Kerala as Keralam, questioning its impact and pointing to the lack of major projects for the state.

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shashi tharoor

Congress MP Shashi Tharoor has criticised the central government over its decision to approve the renaming of Kerala as ‘Keralam’, arguing that the move prioritises symbolism over development.

Reacting to the Union Cabinet’s approval, Tharoor said that the state’s name has always been ‘Keralam’ in Malayalam and questioned the practical impact of introducing the Malayalam term into English usage.

“It has already been ‘Keralam’ in Malayalam. So now, a Malayalam word is coming into English. I don’t know what difference it makes,” he said, adding that the state has not received major projects such as an AIIMS or new institutions from the Centre. He also pointed out that no significant allocations were made for Kerala in the Union Budget.

In a separate post on X, Tharoor raised what he described as a “small linguistic question” about what residents of the state would be called if the name change is implemented. Referring to existing terms such as “Keralite” and “Keralan”, he remarked that alternatives like “Keralamite” sounded like a microbe and “Keralamian” like a rare earth mineral.

The Union Cabinet, chaired by Prime Minister Narendra Modi, cleared the proposal on Tuesday. The move comes ahead of the upcoming state Assembly elections, in which 140 members of the legislative assembly are to be elected. The poll schedule is yet to be announced by the Election Commission of India.

The state assembly had earlier passed a resolution seeking the change in official records. Chief Minister Pinarayi Vijayan had moved the resolution in 2024, urging the Union government to adopt the name ‘Keralam’ in all languages listed in the Eighth Schedule of the Constitution.

He had stated that the demand for a united Kerala for Malayalam-speaking people dates back to the national freedom movement.

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Tamil Nadu potboiler: Now, Sasikala to launch new party ahead of election

Sasikala has announced the launch of a new political party ahead of the Tamil Nadu Assembly elections, positioning herself against AIADMK chief Edappadi K Palaniswami.

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In a significant political development ahead of the Tamil Nadu Assembly elections, expelled AIADMK leader V. K. Sasikala has announced that she will float a new political party and contest the polls by fielding her own candidates.

Speaking in Madurai before heading to Pasumpon for a public event, Sasikala said she would unveil her party’s flag later in the evening. She indicated that more details regarding the party’s structure and plans would be shared at the gathering.

The event venue carries political symbolism. Pasumpon is the birthplace of Thevar leader Muthuramalinga Thevar, and Sasikala herself belongs to the influential Thevar community in southern Tamil Nadu. The programme was held as part of birth anniversary events of former Chief Minister J. Jayalalithaa.

Direct challenge to EPS

Sasikala’s move is being viewed as a direct political challenge to AIADMK general secretary Edappadi K. Palaniswami (EPS). After Jayalalithaa’s death in 2016, Sasikala briefly took control of the party and had appointed Palaniswami as Chief Minister. However, following her conviction in the disproportionate assets case, she served a four-year prison term, and during that period, she was expelled from the party.

Palaniswami later aligned with O. Panneerselvam, whom Sasikala had earlier removed from the Chief Minister’s post. The two leaders subsequently adopted a dual leadership arrangement within the party and government.

Sasikala remains disqualified from contesting elections until 2027 due to her conviction. Nevertheless, she has stated that she intends to field candidates under her new party banner.

Fragmented Thevar vote base

Over the years, expulsions within the AIADMK — including Sasikala, her nephew TTV Dhinakaran and O Panneerselvam — have led to divisions within the Thevar support base. Political observers have linked this fragmentation to the party’s weakened electoral performance in the elections following Jayalalithaa’s passing.

While Dhinakaran has returned to the NDA fold, reports suggest Palaniswami is opposed to any arrangement that includes Sasikala or Panneerselvam. OPS, meanwhile, has exited the NDA.

Sasikala has repeatedly criticised Palaniswami, describing him as a betrayer, while he maintains that his leadership stems from the support of AIADMK legislators rather than her backing.

The AIADMK has not issued an official statement on Sasikala’s announcement. However, a senior party leader questioned her political standing, pointing out her disqualification from contesting elections and referring to legal issues linked to Jayalalithaa’s death.

With the Assembly polls approaching, Sasikala’s re-entry into active politics could further complicate the opposition space in Tamil Nadu and influence electoral calculations, particularly in the southern districts.

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