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Yeddyurappa to take oath as CM, SC refuses to stay Governor’s decision

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Yeddyurappa to take oath as CM, SC refuses to stay Governor’s decision

As expected, BJP’s Karnataka chief ministerial candidate BS Yeddyurappa will take oath at 9 am on Thursday, May 17, just as he had claimed.

This was decided after a dramatic hearing at Supreme Court in the early hours of Thursday when the Congress challenged Karnataka Governor’s decision to invite BJP leader BS Yeddyurappa to take oath as chief minister later that day –at 9 am on Thursday, May 17.

The apex court, while refusing to stay the Governor’s order for Yeddyurappa’s swearing in, said the hearing of the case would continue and fixed the next hearing for 10.30 a.m. on Friday, May 18. It also asked for the list of MLAs supporting Yeddyurappa to be produced that day.

After Yeddyurappa’s claim that he would take oath as chief minister on May 17 was confirmed by Karnataka Governor VajubhaiVala’sinvitation to him to take oath as CM at 9 am that day, with only the night remaining for making their move, the Congress and JD(S)moved the Supreme Court.

A three-judge benchcomprising ofJustice AK Sikri, Justice Sharad Arvind Bobde, Justice Ashok Bhushan heard the case. Notably, the bench did not include the Chief Justice of India (CJI) Dipak Misra or any of the next senior four judges who had gone public with their complaint against him with complaints that included allocation of cases.

Former attorney general Mukul Rohatgi appeared for the BJP, Additional Solicitor General Tushar Mehta represented the Centre while Abhishek Manu Singhvi argued for the Congress.

Rohatgi said the Governor could not be stopped from taking a decision, that the court could not stop him from having a government sworn in.

Singhvi enumerating numbers said the Congress and JD(S) had informed the Governor on May 15 about their alliance. The BJP does not have a majority.

As Attorney General KK Venugopal also arrived for the hearing, Singhvi said as per the recommendations of the Sarkaria Commission …

The court interjected to say “…the single largest party is invited…”

Singhvi said, “No… the alliance hving a majority is invited.”

“The Supreme Court approved this decision in the case of Goa,” he said.

He pointed out that whereas in the case of Goa, Jharkhand and Jagdambika Pal, the SC brought down the 7-day time for floor test to prove majority to 48 hours, the Karnataka Governor has given a time of 15 days.

Singhvi said while BJP’s chief minister-designate had asked for seven days, the Governor has given him 15 days.

Giving so much time is allowing chance for the Constitutional sin of horsetrading.

Justice AK Sikri said the single largest party has been invited to form government and it claims it would prove its majority, and you are arguing that they do not have anyone else’s support.

Singhvi said the BJP has 104 MLAs and unless eight MLAs from Congress break away to back BJP, they cannot get a majority.

The court said: “But the defection of MLAs is against the law.”

Singhvi: “That is exactly what I’m saying.”

Justice SA Bobde said that if the court stayed the Governor’s order, no government would be formed. Under Article 361, the Governor has certain special powers, said Justice Bobde.

Singhvi, cited the example of Meghalaya, Manipur and Goa, where Congress was the largest party short of majority and the first chance to form a government was given to a post-poll alliance, in Delhi AamAadmi Party was given a chance to form government with Congress support when BJP was biggest single party, and in Jharkhand JMM-Congress got a chance even when BJP had more seats.

Justice Sikri said the Governor had used his discretion and how could the court interfere with this power.

Singhvi countered, saying that the decision to hold swearing in by tomorrow morning (actually just 5-6 hours later) was extremely problematic and the SC could not be a mute spectator to it.

He said the plea for staying the swearing in was not to check the Governor but to check Yeddyurappa. The Governor, he argued, had not given any reasons for his decision (to invite the BJP leader to take oath despite lacking majority).

Singhvi also argued that the Governor’s decision was open to judicial review.

As he concluded his arguments, Attorney General KK Venugopal, arguing on behalf of the Centre, said it wasn’t a question of legality nor was it known what facts the Governor took into consideration – that the entire case was based on conjectures.

Singhvi said the court should postpone the oath taking for two days and hear the case in detail.

Mukul Rohatgi chimed in to argue that the court should not have heard the case at all, that too so late at night, that such hearing was held only for Yakub Memon(the terrorist, Mumbai bomb blast accused) case.

NDTV reported that Justice Sikri said the court had not seen any letter from BJP to the Governor staking its claim so how could it take a position on BJP’s claim.

A curious argument from the AG was that if a person elected as MLA on one party’s ticket switched sides to another before taking oath, it could not be treated as defection.

Rohatgi argued that if the court deemed it necessary, Yeddyurappa could be removed from chief ministership, but how could the court stay Governor’s decision? He said the only question left was how many days should be allowed for the floor test. “Is this such an important/urgent question that has to be decided at four in the morning?” Rohatgi asked.

The SC bench finally decided not to interfere with the Governor’s decision to hold Yeddyurappa’s swearing-in ceremony, saying a final decision about whether one retains the post or not would come when the case was decided and there could be no interim order in this regard.

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Yogi Adityanath hits back after Akhilesh Yadav says organising cabinet meeting at Kumbh is political

Adityanath juxtaposed the global acclaim for the Maha Kumbh with Yadav’s condemnation, portraying it as a symptom of the Samajwadi Party’s alleged long-standing opposition to significant religious symbols such as the Ram Mandir and Kashi Vishwanath Temple.

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The political atmosphere in Uttar Pradesh sizzled as Chief Minister Yogi Adityanath launched a blistering attack on Samajwadi Party leader Akhilesh Yadav, accusing him of disrespecting the Maha Kumbh and the religious sentiments of the Indian people. This sharp rebuke, delivered during a public rally in Milkipur ahead of crucial by-elections, followed Yadav’s criticism of the state government holding a cabinet meeting at the Kumbh Mela site.

Adityanath juxtaposed the global acclaim for the Maha Kumbh with Yadav’s condemnation, portraying it as a symptom of the Samajwadi Party’s alleged long-standing opposition to significant religious symbols such as the Ram Mandir and Kashi Vishwanath Temple.

He further escalated his attack, painting the Samajwadi Party as being mired in internal property disputes and insinuating connections to criminal elements, thereby attempting to discredit Yadav’s criticisms as coming from a morally compromised position.

Yadav’s initial criticism focused on the perceived impropriety of holding a cabinet meeting within the sacred space of the Kumbh Mela. He argued that the government was inappropriately using a religious event for political purposes, a charge that Adityanath vehemently rejected.

The Uttar Pradesh cabinet meeting itself was significant. All 54 ministers attended, approving numerous development schemes designed to boost Prayagraj and the surrounding region.

A key announcement involved extending the Ganga Expressway, a crucial infrastructure project designed to connect Prayagraj, Mirzapur, Bhadohi, Kashi, Chandauli, and ultimately, the Purvanchal Expressway in Ghazipur. This ambitious project, Adityanath claimed, would significantly contribute to sustainable development in the region.

Logistical adjustments were made to minimize disruption to the Kumbh Mela pilgrims. The cabinet meeting’s venue was shifted from the Mela Authority Auditorium to the Triveni Sankul in Arail to avoid inconveniencing devotees and managing the security arrangements for the VIP attendees.

The day concluded with Adityanath and his entire cabinet participating in the Kumbh Mela’s sacred rituals, taking a ceremonial dip in the Triveni Sangam. This highly publicized event, mirroring a similar participation in 2019, served as a powerful visual counterpoint to Yadav’s earlier criticism. The event simultaneously showcased the government’s commitment to religious traditions while promoting its developmental agenda.

The clash between Adityanath and Yadav underscores the deep political divisions and the strategic use of religious symbolism in Uttar Pradesh’s political landscape. The Maha Kumbh, a significant religious event, became a battleground for political point-scoring, highlighting the complex interplay between religion and politics in the state.

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Delhi Assembly elections: BJP promises free education and student aid, AAP raises concerns

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Arvind Kejriwal addressing media after writing to RSS chief Mohan Bhagwat on BJP’s alleged electoral misconduct

As Delhi gears up for the upcoming assembly elections on February 5, the Bharatiya Janata Party (BJP) released the second installment of its election manifesto, promising comprehensive solutions to citizen issues and tackling misgovernance and corruption allegations against the incumbent Aam Aadmi Party (AAP).

The manifesto, dubbed ‘sankalp patra,’ includes significant pledges such as free education from pre-school to postgraduate levels for needy students at government institutions, and a financial package comprising Rs 15,000 and travel reimbursements for young individuals taking entrance exams. Scheduled Caste students enrolled in technical and professional courses are also promised a monthly stipend of Rs 1,000.

Building on their first manifesto which targeted women voters, the BJP’s latest promises focus on the youth, with over 1.5 lakh set to benefit from a new skills training program. This release follows criticisms by AAP of the BJP’s approach, especially after the tragic incident last July where three civil service aspirants lost their lives due to flooding.

Anurag Thakur, former Union Minister, emphasized the ‘Modi ki guarantee’ assurance, stating these initiatives would be implemented swiftly if the BJP is elected. The manifesto also includes welfare measures for domestic workers and insurance schemes for auto-rickshaw and taxi drivers, who have traditionally been a strong support base for AAP.

In response, AAP leader Arvind Kejriwal critiqued the BJP’s plans, particularly highlighting a clause that, according to him, would limit free education to only “eligible” children, deviating from AAP’s policy of universal free education. Kejriwal also recalled BJP’s earlier statement on discontinuing free healthcare, framing these promises as a threat to the financial stability of Delhi’s households.

The AAP’s counter-campaign warns voters that electing BJP could lead to increased living costs and bureaucratic hurdles in accessing education and healthcare, urging the electorate to consider these factors carefully. With the election results due on February 8, both parties continue to vie for public favor through promises aimed at key demographics.

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Uttarakhand State cabinet approves uniform civil code manual, dates for rollout soon

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Pushkar Singh Dhami

In a significant step toward legal reform, the Uttarakhand Cabinet, led by Chief Minister Pushkar Singh Dhami, has approved the manual for the implementation of the Uniform Civil Code (UCC). The approval came during a Cabinet meeting held at the state secretariat on Monday. The dates for the rollout of the UCC will be announced soon.

This decision follows partial amendments made to the rules previously drafted for the UCC’s implementation. The amendments were thoroughly examined and finalised with input from the Law Department, with the Cabinet’s discussion focusing on the smooth execution of the law.

Post-meeting, Chief Minister Dhami expressed his satisfaction with the progress, underlining the government’s commitment to fulfilling a key electoral promise. “We had assured the people of Uttarakhand during the 2022 elections that the UCC would be implemented promptly once our government came to power. With the draft committee’s work complete, we are now closer to fulfilling that promise,” Dhami stated.

Uttarakhand’s implementation of the UCC will make it the first state in India to adopt a comprehensive civil law framework for all religious communities. The UCC aims to standardize laws in areas such as marriage, divorce, inheritance, adoption, and maintenance. While India already has a Uniform Criminal Code, a unified civil law has not existed until now.

The UCC will explicitly exclude tribal communities and prohibit practices such as ‘halala’, ‘iddat’, and ‘talaq’, which are part of Muslim Personal Law. The law itself consists of 392 sections and is divided into seven schedules. The comprehensive 750-page draft, which spans four volumes, was prepared by a five-member expert committee formed in June 2022 to examine the feasibility of introducing the UCC in Uttarakhand.

Led by Retired Justice Ranjana Prakash Desai, the committee submitted the final draft to the state government on February 2, 2024. The draft received approval from the state Cabinet on February 4, followed by ratification by the state Assembly during a special session. Governor Lt. Gen Gurmit Singh (Retd) gave the green light on February 28, marking the UCC’s passage into law, a move hailed as a historic milestone in Indian legal history.

While the implementation dates are yet to be finalized, the Cabinet’s approval signals that Uttarakhand is poised to set a significant legal precedent in India.

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