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Triple Talaq verdict: When Chief Justice JS Khehar’s opinion was overruled

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8 years ago

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JS Khehar

[vc_row][vc_column][vc_column_text]Chief Justice of India, Jagdish Singh Khehar, whose term in office ends on August 27, may have headed the five-judge Bench of the Supreme Court that in its historic judgment, on Tuesday, banned the practice of instant triple talaq among Muslims but he, along with Justice S Abdul Nazeer, had favoured that the Union government and not the apex court should decide on the validity of Talaq-ul-Biddat

For a brief while on Tuesday morning, as the Supreme Court began pronouncing its historic verdict on the validity of Talaq-ul-Biddat, it felt as if the five-judge Bench headed by Chief Justice of India, JS Khehar, did not want to take responsibility of banning the highly controversial practice itself but instead have the Centre and Parliament decide on the move.

It was only when the final order was read out that it emerged that the verdict was split and instant triple talaq was to be banned immediately, and Chief Justice Khehar’s opinion of letting the government pass a law to this effect was in a minority- supported by only one other member of the Bench, Justice S Abdul Nazeer.

Here’s a glimpse of what different members of the 5-judge Bench said in their order on the landmark case.

Chief Justice JS Khehar and Justice S Abdul Nazeer

  • We have arrived at the conclusion, that ‘talaq-e-biddat’, is a matter of ‘personal law’ of Sunni Muslims, belonging to the Hanafi school. It constitutes a matter of their faith. It has been practiced by them, for at least 1400 years. We have examined whether the practice satisfies the constraints provided for under Article 25 of the Constitution, and have arrived at the conclusion, that it does not breach any of them. We have also come to the conclusion, that the practice being a component of ‘personal law’ has the protection of Article 25 of the Constitution.
  • We were obliged to keep reminding ourselves, of the wisdoms of the framers of the Constitution, who placed matters of faith in Part III of the Constitution… We cannot nullify and declare as unacceptable in law, what the Constitution decrees us, not only to protect, but also to enforce.
  • Such a call of conscience, as the petitioners (demanding ban on triple talaq) desire us to accept, may well have a cascading effect. We say so, because the contention of the learned Attorney General was, that ‘talaq-e-ahsan’ and ‘talaq-e-hasan’ were also liable to be declared unconstitutional, for the same reasons as have been expressed with reference to ‘talaq-e-biddat’. According to the learned Attorney General, the said forms of talaq also suffered from the same infirmities as ‘talaq-e-biddat’. The practices of ‘polygamy’ and ‘halala’ amongst Muslims are already under challenge before us. It is not difficult to comprehend, what kind ofchallenges would be raised by rationalists, assailing practices of different faiths on diverse grounds, based on all kinds of enlightened sensibilities.
  • The wisdom emerging from judgments rendered by this Court is unambiguous, namely, that while examining issues falling in the realm of religious practices or ‘personal law’, it is not for a court to make a choice of something which it considers as forward looking or non-fundamentalist. It is not for a court to determine whether religious practices were prudent or progressive or regressive. Article 25 obliges all Constitutional Courts to protect ‘personal laws’ and not to find fault therewith. Interference in matters of ‘personal law’ is clearly beyond judicial examination. The judiciary must therefore, always exercise absolute restraint, no matter how compelling and attractive the opportunity to do societal good may seem.
  • A perusal of the consideration recorded by us reveals that the practice of ‘talaq-e-biddat’ has been done away with, by way of legislation in a large number of egalitarian States, with sizeable Muslim population and even by theocratic Islamic States… There can be no doubt, and it is our definitive conclusion, that the position can only be salvaged by way of legislation…The Union of India has appeared before us in support of the cause of the petitioners…Unfortunately, the Union seeks at our hands, what truly falls in its own.
  • We therefore hereby direct, the Union of India to consider appropriate legislation, particularly with reference to ‘talaq-e-biddat’. We hope and expect, that the contemplated legislation will also take into consideration advances in Muslim ‘personal law’ – ‘Shariat’, as have been corrected by legislation the world over, even by theocratic Islamic States. When the British rulers in India provided succor to Muslims by legislation, and when remedial measures have been adopted by the Muslim world, we find no reason, for an independent India, to lag behind.
  • Till such time as legislation in the matter is considered, we are satisfied in injuncting Muslim husbands, from pronouncing ‘talaq-e-biddat’ as a means for severing their matrimonial relationship. The instant injunction, shall in the first instance, be operative for a period of six months. If the legislative process commences before the expiry of the period of six months, and a positive decision emerges towards redefining ‘talaq-e-biddat’– as one, or alternatively, if it is decided that the practice of ‘talaq-e-biddat’ be done away with altogether, the injunction would continue, till legislation is finally enacted. Failing which, the injunction shall cease to operate.

Kurian

Justice Kurian Joseph

  • The Holy Quran has attributed sanctity and permanence to matrimony. However, in extremely unavoidable situations, talaq is permissible. But an attempt for reconciliation and if it succeeds, then revocation are the Quranic essential steps before talaq attains finality.51 In triple talaq, this door is closed, hence, triple talaq is against the basic tenets of the Holy Quran and consequently, it violates Shariat.
  • I find it extremely difficult to agree with the learned Chief Justice that the practice of triple talaq has to be considered integral to the religious denomination in question and that the same is part of their personal law.
  • I expressly endorse and re-iterate the law declared in Shamim Ara (another case in which triple talaq was declared invalid). What is held to be bad in the Holy Quran cannot be good in Shariat and, in that sense, what is bad in theology is bad in law as well.

Justices Rohinton F Nariman and UU Lalit

  • It is clear that this form of Talaq (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 so as to save it. This form of Talaq must, therefore, be held to be violative of the fundamental right contained under Article 14 of the Constitution of India.
  • In our opinion, therefore, the 1937 Act, insofar as it seeks to recognize and enforce Triple Talaq, is within the meaning of the expression “laws in force” in Article 13(1) and must be struck down as being void.

The final order signed by the 5-judge Bench:

In view of the different opinions recorded, by a majority of 3:2, the practice of ‘talaq-e-biddat’ – triple talaq is set aside.[/vc_column_text][/vc_column][/vc_row]

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Over 24 lakh voters dropped from Kerala draft electoral roll after special revision

The Election Commission has removed over 24 lakh names from Kerala’s draft voter lists after verification during the Special Intensive Revision process.

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4 hours ago

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December 24, 2025

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kerala voters delete

Over 24.08 lakh electors have been removed from the draft voter lists in Kerala following the completion of the Special Intensive Revision (SIR) exercise, with the Election Commission publishing the updated draft electoral roll on Tuesday.

As per official data, Kerala has a total of 2,78,50,855 registered electors. Of these, 2,54,42,352 electors submitted their Enumeration Forms during the revision process, which concluded on December 18.

The poll body said the deletions were carried out after verification and were linked to multiple factors, including electors shifting to other states or Union Territories, voters found to be non-existent, individuals who did not submit enumeration forms within the stipulated time, and those who chose not to continue their registration.

Break-up of deleted names

According to the Election Commission, the deleted entries include 6,49,885 names of deceased voters, accounting for 2.33 per cent of the electorate. Another 14,61,769 voters, or 5.25 per cent, were removed after being found shifted or absent, while 1,36,029 voters, around 0.49 per cent, were deleted for being enrolled at multiple locations.

Claims and objections window open

Although the enumeration phase has ended, eligible citizens can still seek corrections. The Commission has opened a claims and objections period from December 23 to January 22, 2026, allowing applications for inclusion of eligible voters or removal of ineligible names from the rolls.

The final electoral roll for Kerala is scheduled to be published on February 21, 2026.

Awareness drives and field-level efforts

The Election Commission said extensive awareness campaigns were conducted across the state to ensure maximum participation. Senior election officials held regular meetings with political parties at the state, district and assembly constituency levels to explain the revision process and share progress updates.

Booth Level Officers (BLOs) carried out house-to-house visits to all electors listed as of October 27, distributing Enumeration Forms and making at least three follow-up visits for collection. Booth Level Agents were permitted to submit up to 50 forms per day to strengthen coordination at the grassroots level.

To support field staff, BLOs were assisted by Anganwadi workers, students from NCC, NSS and election literacy clubs, volunteers, revenue officials and social work students. The poll body said more than 93 per cent mapping of collected forms was achieved through repeated training sessions, video tutorials and doubt-clearing programmes.

Special initiatives during SIR

During the exercise, the Chief Electoral Officer of Kerala launched motivational and outreach initiatives aimed at supporting election staff managing the heavy workload of digitising voter data. District-level programmes were also rolled out to recognise and motivate BLOs and supervisors completing digitisation targets.

In areas with weak network connectivity, a community-based digitisation model was adopted, where BLOs collectively digitised forms from locations with better internet access. Special urban camps were organised across all wards of urban local bodies to ensure comprehensive coverage of city voters.

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India’s LVM3 Baahubali rocket launches heaviest satellite ever from Indian soil

India’s LVM3 ‘Baahubali’ rocket has successfully launched the heaviest satellite ever from Indian soil, placing the BlueBird 6 communication satellite into low Earth orbit.

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4 hours ago

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December 24, 2025

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Bahubali Rocket

India has marked a major milestone in its space programme as the Launch Vehicle Mark-3 (LVM3), popularly known as the ‘Baahubali’ rocket, successfully placed the heaviest-ever satellite launched from Indian soil into orbit on Wednesday.

The mission, LVM3-M6, lifted off from the second launch pad at the Sriharikota spaceport in Andhra Pradesh, carrying BlueBird 6, a next-generation communication satellite developed by US-based company AST SpaceMobile.

Mission lifts off from Sriharikota

The 43.5-metre-tall LVM3 rocket, powered by two S200 solid strap-on boosters, took off at 8:55 am after the completion of a 24-hour countdown. The spaceport is located around 135 km east of Chennai.

After a flight lasting nearly 15 minutes, the BlueBird Block-2 satellite separated from the launch vehicle and was injected into its intended low Earth orbit at an altitude of about 520 km.

Confirming the success of the mission, ISRO Chairman and Secretary, Department of Space, Dr V Narayanan said the satellite had been placed “successfully and precisely” into the designated orbit.

Heaviest payload carried by an Indian launcher

According to ISRO, this mission marks the heaviest satellite ever launched from Indian soil using an Indian rocket. Dr Narayanan said the flight was also the third fully commercial mission of the LVM3.

He added that the mission demonstrated the strong performance record of the heavy-lift vehicle and highlighted its reliability in the global launch market.

Focus on space-based mobile broadband

BlueBird 6 is part of the BlueBird Block-2 series of communication satellites. These satellites are designed to provide space-based cellular broadband connectivity directly to standard mobile smartphones, without the need for any special hardware or equipment.

The aim of the technology is to enable broadband services straight from space, expanding connectivity to regions with limited or no terrestrial network coverage.

PM Modi calls launch a proud milestone

Prime Minister Narendra Modi congratulated the teams involved and described the launch as a significant achievement for India’s space sector.

In a statement, the Prime Minister said the successful placement of the US satellite into orbit strengthens India’s heavy-lift launch capability and reinforces the country’s growing role in the global commercial launch market.

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BJP raises seat offer to Eknath Shinde’s Shiv Sena to nearly 90 ahead of Mumbai civic polls, talks continue

The BJP has raised its seat offer to Eknath Shinde’s Shiv Sena to nearly 90 for the upcoming BMC elections, but fresh talks are needed as differences persist within the Mahayuti.

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19 hours ago

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December 23, 2025

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With the Brihanmumbai Municipal Corporation (BMC) elections drawing closer, the seat-sharing tussle within the Mahayuti alliance continues, with the BJP increasing its offer to Eknath Shinde-led Shiv Sena but failing to reach the party’s expectations.

According to sources, the BJP has now proposed close to 90 seats for the Shinde faction in the upcoming Mumbai civic polls. This is a significant jump from its earlier offer of 52 seats but still falls short of what Shinde is seeking. The Shiv Sena leader has reportedly reduced his demand from an initial 125 seats to 112, yet remains dissatisfied with the latest formula.

Chief Minister Devendra Fadnavis is expected to hold another round of discussions with Shinde to break the deadlock. Sources indicate that the BJP is unlikely to stretch its offer much further, especially after its strong showing in recent statewide local body elections.

BJP firm after strong local poll performance

The BJP has emerged as the single largest party in the recent local polls, securing 117 municipal president posts. In comparison, the Shinde-led Shiv Sena won 53 posts, while Ajit Pawar’s faction of the NCP secured 37. These results have strengthened the BJP’s negotiating position ahead of the BMC elections.

However, the current seat-sharing calculations could change if Ajit Pawar decides to contest the Mumbai civic polls as part of the alliance. Senior NCP leader Sunil Tatkare confirmed that no final decision has been taken yet, noting that discussions with alliance partners are ongoing.

Nawab Malik factor complicates alliance talks

A major point of contention within the Mahayuti is the issue of senior NCP leader Nawab Malik, who is facing multiple corruption cases, including a money laundering case linked to underworld activities. While the alliance has made it clear that Malik is unacceptable as part of its Mumbai setup, Ajit Pawar is reportedly firm on backing him.

Mumbai BJP chief Ameet Satam has publicly stated that the party would not align with any group that includes Malik. Sources added that if the NCP joins the alliance in Mumbai, it may be asked to project a different leader and contest a limited number of seats.

BMC elections timeline

The countdown to the Brihanmumbai Municipal Corporation elections has already begun, with less than a month left for polling. Voting is scheduled for January 15, with counting set to take place the following day. A total of 2,869 municipal seats will be contested, including 227 seats in the BMC.

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