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Election freebies: Supreme Court refers matters to 3-judge bench

The CJI-led bench said that looking at the complexity of issues and the prayer to overrule Subramaniam Balaji judgment, they were referring the matter to a 3-judge bench. Many parties requested that the Subramaniam Balaji judgment should be reconsidered.

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The election freebies issues have been referred to a three-judge bench of the Supreme Court. The Chief Justice of India NV Ramana today noted that certain preliminary hearings need to be determined, such as what was the scope of judicial intervention, and whether the appointment of an expert body by the court served any purpose.

The apex court also asked the center to call an all-party meeting on this issue.

The CJI-led bench said that looking at the complexity of issues and the prayer to overrule Subramaniam Balaji judgment, they were referring the matter to a 3-judge bench. Many parties requested that the Subramaniam Balaji judgment should be reconsidered.

In S Subramaniam Balaji vs Tamil Nadu judgment, 2013, the Supreme Court ruled that only an individual candidate, not his party, could commit a ‘corrupt practice’ under section 123 of the Representation of People Act by promising free gifts.

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According to Section 123 of the RP Act, it is ‘bribery’ and thus deemed a corrupt practice if any gift, offer, or promise of gratification is made to voters directly or indirectly by a candidate or his agent.

A PIL was filed by BJP leader Ashwini Upadhyay seeking directions to the Election Commission to not permit political parties to promise freebies during election campaigns.

He argued that the freebies might create a situation where the state was pushed towards imminent bankruptcy and such freebies were used to increase popularity in the party and deprived the state to give genuine measures.

In January 2022, the Supreme Court issued notice to the Centre and the EC to take action on poll freebies promised by the political parties before elections. Serving notices to Centre, ECI, the top court called it a serious issue and said the freebie budget was going beyond the regular budget.

In its notice, the apex court sought a response from the poll body and the Central government in 4 weeks.

The Supreme Court had directed the poll body to frame guidelines on the matter but the poll body held just one meeting whose outcome was unknown.

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PM Modi assures no discrimination in women’s quota, delimitation debate intensifies in Parliament

PM Narendra Modi has assured that women’s reservation will be implemented without discrimination, amid a heated debate over delimitation in Parliament.

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Prime Minister Narendra Modi has assured that there will be no discrimination in the implementation of women’s reservation, as Parliament witnessed a sharp debate over the proposed linkage between the quota and delimitation exercise.

During the ongoing special session, the government reiterated its commitment to ensuring fair representation while addressing concerns raised by opposition parties regarding the timing and structure of the legislation.

The proposed framework aims to reserve 33 percent of seats for women in the Lok Sabha and state assemblies. However, its implementation is tied to a fresh delimitation exercise, which is expected after the next census.

Opposition questions timing and intent

Opposition leaders have raised concerns that linking the women’s quota to delimitation could delay its implementation. They argue that the process of redrawing constituencies may push the actual rollout further into the future.

The issue has triggered a broader political confrontation, with multiple parties questioning whether the move could alter representation across states.

Some critics have also alleged that the delimitation exercise could disproportionately benefit certain regions based on population, a charge the government has rejected.

Government reiterates commitment to fair implementation

Responding to these concerns, the Centre has maintained that the reforms are necessary to ensure accurate and updated representation based on population data.

Leaders from the ruling side have repeatedly emphasized that the process will be carried out transparently and without bias. The assurance that there will be “no discrimination” is aimed at addressing fears among states and opposition parties.

The debate marks a key moment in Parliament, with both sides engaging in intense exchanges over one of the most significant electoral reforms in recent years.

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Give all tickets to Muslim women, Amit Shah says, attacking Akhilesh Yadav on sub-quota demand

A sharp exchange between Amit Shah and Akhilesh Yadav in Parliament over sub-quota for Muslim women highlights key divisions on women’s reservation implementation.

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A heated exchange broke out in Parliament during discussions on the women’s reservation framework, with Union Home Minister Amit Shah and Samajwadi Party chief Akhilesh Yadav locking horns over the demand for a sub-quota for Muslim women.

The debate unfolded as the government pushed forward key legislative measures to implement 33% reservation for women in the Lok Sabha and state assemblies.

Akhilesh Yadav argued that the proposed reservation must ensure representation for women from marginalised communities, including Other Backward Classes (OBCs) and Muslim women. He said that without such provisions, large sections could remain excluded from political participation.

He also questioned the timing of the bill, alleging that the Centre was avoiding a caste census. According to him, a census would lead to renewed demands for caste-based reservations, which the government is reluctant to address.

Government rejects religion-based quota

Responding to the demand, Amit Shah made it clear that reservation based on religion is not permitted under the Constitution.

He stated that any proposal to provide quota to Muslims on religious grounds would be unconstitutional, firmly rejecting the idea of a separate sub-quota for Muslim women within the broader reservation framework.

The government has maintained that the existing framework already includes provisions for Scheduled Castes (SC) and Scheduled Tribes (ST) women within the overall reservation structure.

Wider political divide over implementation

The issue of sub-categorisation within the women’s quota has emerged as a major flashpoint, even as most opposition parties broadly support the idea of women’s reservation.

Samajwadi Party leaders reiterated that their support for the bill depends on inclusion of OBC and minority women, while the government continues to defend its constitutional position.

The debate is part of a broader discussion during the special Parliament session, where multiple bills linked to delimitation and implementation of the women’s quota are being taken up.

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Raghav Chadha’s security withdrawn by Punjab amid AAP rift, Centre steps in with cover

Punjab withdraws Raghav Chadha’s security amid party tensions, Centre offers fresh protection.

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The Punjab government has withdrawn the Z+ category security cover provided to Raghav Chadha, amid an ongoing rift within the Aam Aadmi Party.

According to sources, the security personnel deployed by Punjab Police have been asked to report back, marking a significant development in the political dispute involving the Rajya Sabha MP.

The move comes shortly after Chadha was removed from his position as deputy leader of the party in the Rajya Sabha, signalling deepening differences between him and the party leadership.

Centre offers fresh security arrangement

Soon after the withdrawal, the Ministry of Home Affairs stepped in to provide security cover to Chadha.

Sources indicate that he will now receive Z-category security in Delhi and Punjab, while a Y-category cover may be provided in other parts of the country.

This shift ensures continued protection for the MP despite the withdrawal of state-provided security.

Fallout linked to political disagreement

The development is part of a broader fallout between Chadha and his party. He was recently replaced as deputy leader in the Rajya Sabha, with the party reportedly expressing dissatisfaction over his political approach and conduct in Parliament.

Chadha, however, has denied the allegations, calling them baseless and asserting that his focus has been on raising public issues rather than engaging in political confrontation.

Growing divide within party ranks

Once considered a close associate of Arvind Kejriwal and a prominent face of the party, Chadha’s recent removal from key roles and the withdrawal of his security underline a widening internal divide.

He is among the few leaders in the party who have recently found themselves at odds with the leadership, indicating shifting dynamics within the organisation.

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