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Justice Chelameswar: “Set up constitution bench at the earliest to hear Aadhaar matter”

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Justice Chelameswar: "Set up constitution bench at the earliest to hear Aadhaar matter"

[vc_row][vc_column][vc_column_text]The Supreme Court bench of Justice J Chelameswar, and Justices A.M.Khanwilkar and Navin Sinha, on Friday asked the counsel for the petitioner and the Union of India in the Aadhaar case, to mention it before the Chief Justice seeking setting up of the Constitution Bench at the earliest, so as to decide the main matter referred to it in August 2015.

The Supreme Court was hearing applications for interim relief to stay notifications which make Unique Identification Number or Aadhaar mandatory for availing any benefits and entitlements. The applications are by the same petitioners whose challenge against the constitutionality of the Aadhaar Act is pending before a Constitution Bench of the Supreme Court.

The notifications make Aadhaar mandatory for a number of schemes, including for children to get hot cooked meals, several scholarships for disabled students and students in SC. ST, OBC categories, schemes for relief for women rescued from trafficking, bonded labourers, and relief for Bhopal gas leak victims. The notifications make possession of an Aadhaar number, or proof of enrolment in Aadhaar database, mandatory.

Petitioners have prayed that imposing enrolment in Aadhaar as a pre-condition for availing social benefits violates the fundamental rights of citizens. It is causing denial of benefits to persons who are otherwise legally entitled to the benefits, at enrolment stages, as well as when they face biometric rejection, data errors, network errors, and other problems.

The hearing began with the senior counsel for the petitioners Shyam Divan taking the Bench through the earlier orders of the Supreme Court including those of 11th August 2015 and the 15th Oct 2015 which clearly stated that Aadhaar shall be purely voluntary. Divan emphasised that the case deals with a vital constitutional question as allowing Aadhaar project to go ahead unchecked in the manner, seeking linking aadhaar to almost every transaction and aspect in life, is effectively reducing the citizen into a 12-digit number and transforming the country into a concentration camp for the citizens.

The Court was of the view that given that the entire matter was before a Constitution Bench (it is now 696 days since a Constitution Bench was asked to be formed to finally decide on Aadhaar matter), and that the litigation on Aadhaar has been lingering on for years, the correct course would be for both the parties i.e. the petitioners and the government to jointly mention before and impress upon the Chief Justice to constitute a Constitutional Bench to finally dispose of the entire batch of petitions. Attorney-General KK Venugopal who was present in Court agreed to join Divan for a mentioning before the CJI early next week for that purpose.

The Bench also indicated that in the eventuality of CJI not being able to form a Constitution bench, petitioners may come back to the court and argue for interim relief.

These applications were earlier heard on 9th May and then on 27th June by a vacation bench consisting of Justice Khanwilkar and Justice Navin Sinha. July 7 hearing was before a special three judge bench headed by Justice Chelameswar sitting with Justice Khanwilkar and Justice Sinha. Justice Chelameswar also headed the bench that passed the order dated 11th August 2015 that referred the batch of petitions challenging Aadhaar project to a Constitution Bench as it felt it required a definitive pronouncement on, among other issues, the issue of the existence and scope of a fundamental right to privacy under the Constitution of India.

The Friday’s hearing marks the first time that the government has agreed to mention before the CJI to constitute a larger bench to finally hear the constitutional challenge to the project and the Aadhaar Act. In October 2015, government had mentioned before the then CJI Dattu to get the Constitution Bench only to hear and decide their applications for modifying the 11th August order.[/vc_column_text][/vc_column][/vc_row]

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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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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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