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J&K: Supreme Court fixes Nov 14 for hearing petitions challenging Centre’s order as latter sits on reply

Supreme Court fixed November 14 to commence hearing petitions challenging the Constitutional validity Centre’s decision revoking the special status for Jammu and Kashmir.

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Article 370

In what is certain to attract stinging criticism, the Centre choosing not to file any counter-affidavits so far to petitions challenging its decisions in Jammu and Kashmir became a ground for the Supreme Court to postpone the much awaited hearing by another month and half.

The Supreme Court today – Tuesday, Oct 1 – fixed Nov 14 to commence hearing a batch of petitions challenging the Constitutional validity of the amendment to Article 370 revoking the special status for Jammu and Kashmir.

The five-judge Constitution bench – the ‘Kashmir bench – headed by Justice NV Ramana and also comprising Justices Sanjay Kishan Kaul, R Subhash Reddy, Bhushan Gavai and Surya Kant also put an embargo on fresh petitions challenging the government’s decision.

The court refused the plea of petitioners that not more than two weeks be given to the Centre and J&K administration for filing counter-affidavits. It allowed Centre four weeks time to file counter-affidavits to the cases, and one week time for the petitioner to file a rejoinder.

The top court which is already seized of multiple petitions in the matter said it will not entertain any more petitions.

“We have to allow the Centre and the J&K administration to file counter-affidavit otherwise we can’t decide the matter,” the bench said.

On Monday, a bench headed by Chief Justice of India Ranjan Gogoi transferred all petitions pending before it to the Constitution Bench headed by Justice NV Ramana. It was decided over a month ago, on August 28, to refer them to a larger bench.

The bench was constituted especially to hear matters related to Article 370 starting today.

Several pleas have been filed in the top court challenging the Centre’s August 5 decision abrogating provisions of Article 370 and bifurcating the state into Union Territories of Jammu & Kashmir and Ladakh. The UTs will come into being on October 31.

The Presidential Order, according to the petitioners, used “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”.

This, they said, amounted to an “overnight abrogation of the democratic rights and freedoms guaranteed to the people of the State… upon its accession”.

As decided by the CJI headed bench on Monday, the petitions challenging govt order changing J&K’s status would be heard by the Kashmir bench, while others relating to human rights etc due to lockdown were referred to a three-judge bench.

The petitions

The first petition in the apex court challenging the presidential order on Article 370 was filed by advocate ML Sharma on August 6.

Several others followed. These include pleas by Anuradha Bhasin, executive editor of Kashmir Times newspaper; the habeas corpus petition by CPI(M) general secretary Sitaram Yechury questioning detention of party colleague Yusuf Tarigami; and Congress leader Ghulam Nabi Azad seeking permission to travel to J&K.

The National Conference (NC), the Sajjad Lone-led J&K Peoples Conference and CPI(M) leader Mohd Yousuf Tarigami also filed pleas in this regard in the top court.

The petition on behalf of NC was filed by Lok Sabha MPs Mohammad Akbar Lone and Justice (retd) Hasnain Masoodi. Lone is a former speaker of the J&K Assembly and Masoodi is a retired judge of the Jammu and Kashmir High Court.

In 2015, Justice (retd) Masoodi had ruled that Article 370 was a permanent feature of the Constitution.

Other pleas include the one filed by a group of former defence officers and bureaucrats. They have also sought directions declaring the presidential orders of August 5 “unconstitutional, void and inoperative”. The plea was filed by professor Radha Kumar, a former member of the Home Ministry’s Group of Interlocutors for Jammu and Kashmir (2010-11), former IAS officer of J&K cadre Hindal Haidar Tyabji, Air Vice Marshal (retd) Kapil Kak, Major General (retd) Ashok Kumar Mehta, former Punjab-cadre IAS officer Amitabha Pande and former Kerala-cadre IAS officer Gopal Pillai, who retired as the Union home secretary in 2011.

A plea has also been filed by bureaucrat-turned-politician Shah Faesal, along with his party colleague and former Jawaharlal Nehru University Students’ Union (JNUSU) leader Shehla Rashid.

Petitions referred to three-judge bench

During the hearing on Monday, the bench headed by Chief Justice of India Ranjan Gogoi, and  also comprising Justices SA Bobde and SA Nazeer, said it has received a report from the Juvenile Justice Committee of the Jammu and Kashmir High Court on the allegations about illegal detention of minors in the Valley.

“The report has come. We will send this matter to the Kashmir bench (a three-judge bench headed by Justice Ramana),” the bench told the lawyer representing petitioners and child right activists Enakshi Ganguly and Shanta Sinha.

It also referred to the three-judge bench a separate plea filed by a doctor who claimed shortage of medical facilities in Kashmir due to the restrictions imposed there and also about restoration of internet facilities in the hospitals there.

The bench said that petition filed by Executive Editor of Kashmir Times Anuradha Bhasin, who has raised the issue of restrictions imposed on working of journalists in Kashmir following the abrogation of provisions of Article 370, would be heard by the three-judge bench.

It also referred the separate petitions, including those filed by CPI(M) general secretary Sitaram Yechury and senior Congress leader Ghulam Nabi Azad, to the three-judge bench.

While Yechury has filed a petition seeking permission to visit his party colleague Yousuf Tarigami in Kashmir, Azad has moved the top court in his personal capacity seeking its nod to visit his family members and relatives in Kashmir.

The apex court had earlier allowed Yechury to visit Kashmir to meet Tarigami while Azad was also permitted to visit four districts — Srinagar, Jammu, Baramulla, Anantnag — to meet people.

Petitions before the Constitution bench

Other pleas, which would be taken up for hearing by the Constitution bench, include the plea by advocate ML Sharma.

Another is one filed by a group of former defence officers and bureaucrats who have sought direction to declare the Presidential orders of August 5 “unconstitutional, void and inoperative”.

The plea was filed by professor Radha Kumar, a former member of the Home Ministry’s Group of Interlocutors for Jammu and Kashmir (2010-11), former IAS officer of J&K cadre Hindal Haidar Tyabji, Air Vice Marshal (retd) Kapil Kak, Major General (retd) Ashok Kumar Mehta, former Punjab-cadre IAS officer Amitabha Pande and former Kerala-cadre IAS officer Gopal Pillai, who retired as the Union home secretary in 2011.

The NC leaders have submitted that the Presidential Orders paved the way for application of entire provisions of the Constitution in Jammu and Kashmir and also have the effect of nullifying Article 35A and completely abrogating Article 370.

They have contended that the Presidential Orders and the new legislation unconstitutionally undermine the scheme of Article 370.

Centre’s delay in filing counter-affidavits

While the Centre’s move came on Aug 5 and it is two months since the lockdown and communication blockade was imposed in Jammu and Kashmir, the Centre is yet to file its counter-affidavits in the bunch of petitions filed in the Supreme Court questioning its actions.

The first of these petitions was filed on Aug 6, the day after the Centre’s move.

The government’s measures – which were termed a ‘collective punishment on people’ by the United Nations Human rights body – have impacted the civil liberties of the people of J&K. It is unusual for such a long time to lapse before matters relating to constitutionally guaranteed rights are addressed.

Unfortunately, even after several weeks, no such explanation is forthcoming from the government.

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Yogi Adityanath announces free LPG cylinders on Diwali and Holi

Uttar Pradesh Chief Minister Yogi Adityanath has announced one free LPG cylinder each on Diwali and Holi for eligible Pradhan Mantri Ujjwala Yojana beneficiaries. The state has allocated Rs 1,500 crore for LPG refill subsidies covering more than 1.89 crore beneficiaries.

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Uttar Pradesh Chief Minister Yogi Adityanath on Tuesday announced that eligible families covered under the Pradhan Mantri Ujjwala Yojana (PMUY) will receive one free LPG cylinder each on Diwali and Holi.

The announcement came as the Chief Minister participated in a programme organised for distributing LPG refill subsidies to more than 1.89 crore beneficiaries across the state.

The Uttar Pradesh government has allocated Rs 1,500 crore for providing subsidies on LPG cylinder refills to eligible families under the scheme.

Addressing the gathering, Adityanath explained the cost of a domestic LPG cylinder and the subsidy provided by the Centre.

“The price of one domestic gas cylinder is Rs 983.45, and out of this, the Government of India provides a subsidy of Rs 335. You have to spend Rs 648.55 from your own pocket,” he said.

The Chief Minister said the state government had decided to provide one cylinder to poor families covered under the Ujjwala scheme on Diwali and Holi.

“With the money you save, you can buy Diwali sweets and lamps,” he said.

Yogi Adityanath targets previous Congress government

During his address, Adityanath also compared the availability of LPG connections under the present government with the situation during the Congress government’s tenure.

He said people previously faced several difficulties in obtaining a single gas connection, while the present government had provided free gas connections to poor families.

The Chief Minister described the initiative as an example of good governance.

Yogi Adityanath on Ayodhya’s Deepotsav

Earlier on Tuesday, Adityanath described Ayodhya’s Deepotsav, scheduled for November 7, as a symbol of social unity.

In a post on X, he said the festival brought together people from different sections of society through shared faith and cultural participation.

He also referred to the Deepotsav tradition initiated by the state government in 2017, saying it had transformed Ayodhya’s cultural heritage into a celebration involving people from different walks of life.

The Chief Minister is scheduled to visit Ayodhya to review preparations for the event.

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Election Commission clarifies Form 6 rules for existing voters under SIR

The Election Commission has clarified that voters previously enrolled in electoral rolls can submit Form 6 for inclusion if their names are missing from draft lists published during the Special Intensive Revision (SIR).

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Election Commission of India

The Election Commission of India (ECI) has clarified that voters whose names appeared in earlier electoral rolls but are missing from draft lists published during the ongoing Special Intensive Revision (SIR) can submit Form 6 to seek inclusion in the final electoral roll.

In a communication issued on November 3 to the Chief Electoral Officers (CEOs) of all states and Union Territories, the poll body addressed concerns among previously registered voters who were hesitant to submit the form because of the declaration required alongside it.

The Commission clarified that submitting Form 6 in such circumstances would not, by itself, amount to making a false declaration merely because the applicant had been enrolled as a voter previously.

It also stated that no action under Section 31 of the Representation of the People Act, 1950, would be initiated against such applicants solely on the ground of their previous enrolment.

However, this protection applies provided the applicant is not already registered in another Parliamentary or Assembly constituency and the declaration submitted is otherwise in accordance with the law.

Why existing voters were hesitant to submit Form 6

The clarification follows concerns that some previously enrolled voters were reluctant to apply for inclusion in the electoral roll after finding their names missing from the draft lists published during the SIR exercise.

Form 6 requires applicants to furnish a declaration stating that their names are being included in the electoral roll for the first time.

This created apprehensions among previously registered voters, who feared that submitting the form despite their earlier enrolment could be treated as a false declaration and expose them to prosecution under Section 31 of the Representation of the People Act, 1950.

The Election Commission has now clarified that earlier registration does not prevent an eligible voter from submitting Form 6 again when their name does not appear in the draft electoral roll.

Election Commission refers to Delhi High Court order

In its communication, the Commission also referred to the Delhi High Court’s October 14 order in the case of Nilotpal Datta and another versus the Election Commission of India and others.

The case concerned an applicant who had previously been enrolled as a voter but was apprehensive about submitting Form 6 because of the declaration that the name was being included in the electoral roll for the first time.

The High Court observed that the petitioners’ apprehension was misplaced and allowed them to submit Form 6, if they wished, for processing in accordance with the law.

The Election Commission’s latest clarification is in line with this judicial observation.

EC asks states and UTs to publicise clarification

The poll body has asked Chief Electoral Officers across all states and Union Territories to ensure that the clarification reaches concerned voters.

It has also requested officials to publicise the information widely through available media platforms and in local languages so that eligible voters are aware of the procedure for seeking inclusion in the electoral roll.

The clarification comes amid ongoing concerns and legal challenges surrounding the Special Intensive Revision of electoral rolls and the process of re-enrolling voters whose names do not appear in draft lists.

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Delhi AQI in very poor category, stubble burning share expected to rise

Delhi’s air quality deteriorated further as the AQI reached 348 in the very poor category. Stubble burning’s contribution to PM2.5 pollution is expected to increase to over 22% by November 5.

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Delhi air quality

Delhi’s air quality deteriorated further on Tuesday, with the Air Quality Index (AQI) climbing to 348 in the ‘very poor’ category. The contribution of stubble burning to the national capital’s PM2.5 pollution is also expected to increase over the next three days, potentially crossing 22% by November 5, according to a forecast.

The city’s AQI stood at 324 on November 2, compared with 261 on November 1, indicating a continuous deterioration in air quality over the two days.

According to the Decision Support System (DSS) for air quality management in Delhi, under the Ministry of Earth Sciences, stubble burning contributed 8.583% to the city’s PM2.5 concentration on November 2. This share was forecast to rise to 15.301% on November 3.

The contribution is expected to increase further to 20.057% on November 4 and 22.207% on November 5, the forecast showed.

Punjab records highest number of farm fires

The rising contribution comes amid continued detection of agricultural residue-burning incidents across neighbouring states.

Satellite data detected 219 paddy residue-burning incidents across the monitored states on November 2. Punjab recorded the highest number at 98, followed by Rajasthan with 67 and Madhya Pradesh with 48.

Uttar Pradesh reported four incidents, while Haryana recorded two. No residue-burning incidents were detected in Delhi or Uttarakhand on the day, according to the Consortium for Research on Agroecosystem Monitoring and Modelling from Space (CREAMS) Lab at the Indian Agricultural Research Institute (ICAR-IARI).

The DSS forecast for the next three days is based on climatological data relating to fire counts and emissions.

Over 3,500 farm fires detected this season

A total of 3,535 farm-fire incidents were detected between September 15 and November 2 this year.

Punjab accounted for the largest share, with 1,612 incidents. Rajasthan followed with 738, while Madhya Pradesh recorded 614.

The remaining incidents included 349 in Uttar Pradesh, 176 in Uttarakhand, 44 in Haryana and two in Delhi.

However, the overall number of detected farm fires has declined considerably compared with previous years.

During the corresponding period in 2020, 51,822 incidents were recorded across the states and regions covered by the bulletin. The figure declined to 24,583 in 2021 and stood at 26,490 in 2022.

It subsequently fell to 18,991 in 2023, 9,668 in 2024 and 4,993 in 2025.

Punjab and Haryana see fewer farm fires than last year

Punjab, which has recorded the highest number of farm fires this season, reported 1,612 incidents until November 2, compared with 2,262 during the corresponding period last year. In 2020, the state had recorded 41,176 incidents during the same period.

Haryana also witnessed a decline, with 44 incidents this season against 122 in 2025 and 2,606 in 2020.

The figures have been compiled using satellite remote sensing under the standard protocol for estimating crop residue-burning incidents.

The stubble-burning season runs from September 15 to November 30. Delhi recorded its first farm-fire incident of the current season on September 19, followed by another on October 24.

While the forecast indicates that stubble burning could account for a larger share of Delhi’s PM2.5 pollution in the coming days, the city’s overall air quality is influenced by several sources. The contribution of farm fires also varies depending on prevailing weather and wind conditions.

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