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

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9 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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India News

CBSE denies OSM portal data breach, terms online allegations misleading

CBSE has strongly dismissed social media allegations of a security breach in its On-Screen Marking (OSM) portal, clarifying that the exposed URL is a mere testing site containing no actual student data or exam marks.

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12 hours ago

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May 26, 2026

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CBSE

The Central Board of Secondary Education (CBSE) has refuted viral claims circulating on social media regarding a security breach in its On-Screen Marking (OSM) portal. In an official statement, the national education board dismissed the allegations, labeling them completely false and highly misleading.

The clarification comes after social media posts suggested that sensitive student records and internal assessment systems had been compromised by unauthorised actors. Media reports indicate that the board has categorically denied any leak of actual student marks or examination-related details.

Testing site hosted no real student details

According to the statement released by the board, the web address highlighted in the viral allegations belongs strictly to a testing environment. The board clarified that this URL is utilized purely for internal evaluations, data sampling, and platform reviews during development phases.

The board firmly reiterated that no live student details, official scoreboards, or active examination data are stored on this testing site. Authorities have advised stakeholders and students to refrain from panic and avoid circulating unverified rumors that challenge the integrity of the examination system.

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India News

Congress Dismisses Karnataka Leadership Transition Rumors After Six-Hour Delhi Meet

The Congress party has rejected ongoing rumors regarding a leadership change or a rotating Chief Minister formula in Karnataka, stating that a recent six-hour meeting in Delhi focused strictly on the upcoming Rajya Sabha and MLC elections.

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12 hours ago

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May 26, 2026

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The Congress party has strongly downplayed the intense political buzz surrounding a potential leadership transition or a change in the Chief Minister’s post in Karnataka. Following a marathon six-hour meeting with the state’s top leadership in New Delhi, the party explicitly rejected the ongoing speculation, labeling it as having “no reality.”

A brief statement issued to the media after the high-level meeting advised against spreading rumors, clarifying that the discussions were entirely centered on upcoming electoral strategies rather than structural changes within the state government. The party stated that the deliberations solely revolved around the state’s three vacant Rajya Sabha seats and the upcoming Member of Legislative Council (MLC) elections.

Rajya Sabha and MLC Polls Take Center Stage

The high-stakes meeting was attended by Congress President Mallikarjun Kharge, senior leader Rahul Gandhi, and party General Secretary KC Venugopal, alongside Karnataka Chief Minister Siddaramaiah and Deputy Chief Minister DK Shivakumar.

Briefing the media post-meeting, KC Venugopal stated that conversations were strictly confined to the Rajya Sabha and MLC elections, emphasizing that there is no truth to any other political speculation. Chief Minister Siddaramaiah also confirmed that the agenda of a potential cabinet expansion or a leadership shift did not come up during the six-hour-long discussion.

Background of the Power Struggle

The question of leadership in Karnataka has remained a recurring theme for over a year. Supporters of Deputy Chief Minister DK Shivakumar have consistently maintained that the central leadership promised a rotating Chief Ministership arrangement when the government was formed after the 2023 assembly elections.

Speculation had intensified recently as the ruling government faced local anti-incumbency pressures alongside renewed political activity from the opposition bench. Some internal reports had even indicated a push from within certain sections of the high command, including Priyanka Gandhi Vadra, for a leadership revamp.

Balancing Caste Equations and Party Structure

The central leadership has navigated the situation cautiously to maintain political stability. Chief Minister Siddaramaiah, 80, commands a powerful “Ahinda” support base—a coalition comprising minority communities, backward classes, and Dalits. This social alliance was crucial in helping the party navigate the traditional Vokkaliga and Lingayat caste dynamics during the 2023 elections.

Although the rotation issue had previously gained significant momentum when the government completed two years in office, the party high command had chosen to maintain the status quo to avoid any adverse electoral impact in neighboring assembly elections, such as in Tamil Nadu. With those elections concluded, supporters of the 64-year-old Deputy Chief Minister had expressed optimism for a transition. Shivakumar currently holds the dual responsibility of being the Deputy Chief Minister as well as the state Congress chief, signaling his critical organizational value to the party. However, for the time being, the party high command has firmly signaled that the current leadership structure will remain unchanged.

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Cricket news

Bowlers may hold the key in high-stakes IPL 2026 Qualifier 1 at Dharamsala

Although the media build-up centers on the batting heavyweight clash between Virat Kohli and Shubman Gill, the IPL 2026 Qualifier 1 in Dharamsala is set to be decided by the bowling consistency of Bhuvneshwar Kumar and Mohammed Siraj.

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20 hours ago

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May 26, 2026

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Flat pitches, towering sixes, and relentless run-scoring have defined the Indian Premier League (IPL) 2026 so far. However, when Gujarat Titans (GT) and Royal Challengers Bengaluru (RCB) lock horns in Qualifier 1 at the Himachal Pradesh Cricket Association (HPCA) Stadium in Dharamsala, the contest could ultimately hinge on the bowlers.

The HPCA Stadium has proved to be unforgiving for bowlers due to its short boundaries. A teaser of what could unfold was evident during recent net sessions, where Gujarat Titans’ Jos Buttler and Royal Challengers Bengaluru’s Tim David regularly launched monstrous hits out of the stadium. In the three matches played at this venue this season, teams crossed the 200-run mark five times, with the lowest score being 199/8. An average of nearly 25 maximums per match has been hit here, promising another potential run-fest.

Moving past the Kohli vs Gill narrative

While media attention focuses on the iconic battle between the ‘King’ Virat Kohli and the ‘Prince’ Shubman Gill—hailed as the heir to Indian cricket’s batting legacy—the true deciding factor might lie elsewhere. Both batters look in pristine touch. Gill occupies the second spot in the Orange Cap race with 616 runs from 13 matches, trailing behind his opening partner Sai Sudharsan. Meanwhile, Kohli has bounced back from a brief mid-tournament slump by smashing a sparkling century, taking his tally to 557 runs this season.

Despite the incredible batting firepower on display, the bowling units are expected to dictate which team blinks last. Media interactions with team managements highlighted that consistency and self-belief within the respective bowling departments have been the defining traits of both squads this season.

Powerplay battles to decide the finalist

For RCB, veteran pacer Bhuvneshwar Kumar leads the charge alongside Kagiso Rabada for GT, with both spearheads locked as the joint-highest wicket-takers across the two sides at 24 wickets each. Bhuvneshwar holds a slight edge due to a superior economy rate. Close behind them is GT’s Mohammed Siraj, who has taken 17 wickets so far. With supporting acts like Josh Hazlewood, Jason Holder, Prasidh Krishna, Rasikh Salam Dar, and spinners Rashid Khan and Krunal Pandya in the mix, the match promises an intriguing tactical battle.

Gujarat Titans’ assistant coach Vijay Dahiya acknowledged that negotiating Bhuvneshwar Kumar in the powerplay will be a massive task, but reminded that GT possesses equal firepower in Siraj and Rabada. “If you talk about the powerplay, our numbers are among the best in this tournament,” Dahiya stated.

RCB captain Rajat Patidar echoed similar views, placing immense faith in his bowling attack to stop GT’s prolific opening duo of Gill and Sudharsan. “Our strength is bowling. The way we bowl in the powerplay will be very crucial. We’ll look for early wickets and that is what we have done throughout the tournament,” Patidar remarked.

In a tournament dominated by towering batting displays, the team whose bowling unit holds its nerve under the Dharamsala lights will seal a direct spot in the IPL final.

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