The Evening Wrap: India seeks public opinion through established institutions, says CJI

Chief Justice of India D.Y. Chandrachud on August 8 said as a constitutional democracy, India, seeks its public opinions through established institutions like the Parliament and not through Brexit-type referendums. The Chief Justice, who heads a Constitution Bench examining the challenge to the abrogation of Article 370 of the Constitution, which gave special status to Jammu and Kashmir, was reacting to a submission by senior advocate Kapil Sibal, appearing for the petitioners. Sibal was arguing that the Parliament and the Union government abrogated Article 370 “unilaterally”, without making an effort to understand the will of the people of Jammu and Kashmir. “When you want to sever such a special relationship with Jammu and Kashmir, you had to ultimately seek the opinion of the people. The will of the people was central to this decision. It should have been a political decision… What happened in Brexit? There was no constitutional provision for a referendum. Yet, they asked for public opinion,” Sibal submitted. But Chief Justice Chandrachud said a Brexit situation cannot be envisaged in India. “In a constitutional democracy, seeking the opinions of the people should be through established institutions. Any recourse to public opinion has to be sought through established institutions. You cannot envisage a Brexit-type referendum… That was a political decision taken by the then government in the U.K... But within a Constitution like ours, there is no question of a referendum,” Chief Justice Chandrachud observed. Sibal argued that the Union government had abrogated Article 370 through a series of “executive acts”, starting with the dissolution of the Jammu and Kashmir Legislative Assembly and the State government, the subsequent imposition of the President’s rule in the erstwhile State and the tweaking of the proviso to Article 370(3) to side-step the pre-condition of getting the recommendation of the now defunct Jammu and Kashmir Constituent Assembly before declaring Article 370 inoperative. “You [Indian government] played a fraud on the Constitution,” he said. Sibal said the relationship between the Union government and the State of Jammu and Kashmir was “purely federal” and not quasi-federal like the other States. The consent of the State and its people had been necessary. At one point, the Chief Justice asked how it could be assumed that Article 370 had assumed a permanent character in the Constitution. “Was a constitutional amendment, required in the Indian Constitution to drop the ‘temporary’ nature of 370 and make it permanent or can it be deemed permanent merely on the basis that the Jammu and Kashmir Constituent Assembly did not abrogate it before dissolving in 1957?” Chief Justice Chandrachud asked. Opposition forced to bring no-trust vote against government to break PM’s ‘maun vrat’ on Manipur: Congress’ Gogoi Congress MP Gaurav Gogoi on August 8 said the Opposition bloc INDIA was forced to bring the no-confidence motion against the government to break Prime Minister Narendra Modi’s “vow of silence” on Manipur. Initiating the debate on the motion in the Lok Sabha, Gogoi alleged that a government which talks about “one India has created two Manipurs— one living in hills and the other in the valley”. As the Lower House took up the motion moved by Gogoi, there were heated exchanges between the Opposition and treasury benches after Parliamentary Affairs Minister Pralhad Joshi wondered why Rahul Gandhi’s name as lead speaker was withdrawn in the last minute. Gogoi’s response that should the remarks made by the Prime Minister in Lok Sabha Speaker Om Birla’s chamber be revealed in the House evoked a sharp retort from Home Minister Amit Shah who said the member cannot make unsubstantiated claims about the PM. Gogoi submitted his motion— ‘This House expresses want of confidence in the Council of Ministers’— before the House and then made his statement. He said the Indian National Developmental, Inclusive Alliance (INDIA) parties were forced to bring the no-confidence motion as this was never about numbers but about justice for Manipur. “Manipur demands justice. Martin Luther King Jr. had said injustice anywhere is a threat to justice everywhere. If Manipur is burning, the whole of India is burning, if Manipur is divided, the country is divided. It was our demand that as the leader of the country, Prime Minister Modi should come to the House and speak about Manipur. However, he kept a ‘maun vrat (vow of silence) that he will neither speak in the Lok Sabha nor in the Rajya Sabha,” Gogoi said. “Through the no-confidence motion we want to break his vow of silence,” he said. Gogoi said he would like to ask the Prime Minister why he had not gone to Manipur, when Gandhi had gone as had Shah and the Minister of State for Home Nityanand Rai. “Why did he [PM Modi] take about 80 days to speak on Manipur and just spoke for 30 seconds. After that there has been no peace appeal on Manipur from him. Ministers are saying they will speak, but as PM the power of his words cannot be matched by Ministers,” Gogoi said. Manipur police file FIR against Assam Rifles for ‘obstructing search ops’, Army says unit keeping buffer zone sanctity Manipur Police has registered an FIR accusing the Assam Rifles of blocking their vehicle after an altercation between the two groups last week, PTI reported. Security sources however described the FIR as a “travesty of justice” and said that the Assam Rifles was undertaking a task given by the command headquarters of ensuring sanctity of the buffer zones between Kuki and Meitiei areas. The FIR was filed on August 5 when police alleged that the Assam Rifles blocked police vehicles on the Kwakta Gothol road in Bishnupur district. The FIR claimed the Assam Rifles stopped its personnel from proceeding when “the state police was proceeding on Pholjang Road along Kwakta as follow up action to conduct search operations in an arms act case in search of Kuki militants.” The police claimed that its personnel was stopped by 9 Assam Rifles which parked their ‘Casper’ vehicle blocking the road. Defence sources reacted stating “Assam Rifles was undertaking a task given by the command headquarters of ensuring sanctity of the buffer zones between Kuki and Meitiei areas.” Sources in Imphal secretariat said the Army was taking up the issue with the state government strongly at a high level. Kerala Assembly passes unanimous resolution demanding the BJP-led Central government to abandon move to draft UCC The Kerala Legislative Assembly on Tuesday passed a unanimous resolution demanding that the Bharatiya Janata Party (BJP)-led Central government abandon the polarising move to draft a Uniform Civil Code (UCC). Chief Minister Pinarayi Vijayan tabled the politically consequential motion that has an immediate bearing on preserving the personal laws that govern marriage, divorce, inheritance, and succession of minority community members, chiefly Muslims. Notably, Christians, especially Catholics, accept canon laws as personal laws. Predictably, Vijayan won across-the-aisle support from the Congress-led United Democratic Front (UDF) opposition. The rare political unanimity was seen in the Assembly in 2019 when the ruling Left Democratic Front (LDF) and UDF closed ranks to oppose the Centre’s “patently anti-Muslim” Citizenship Amendment Act (CAA) legislation. Vijayan said BJP intended to dictate how society should run under the pretext of imposing a UCC. It sought to slyly imbue the proposed UCC with aspects of the Manusmriti, an ancient Hindu code that endorsed the oppressive caste system and was deeply prejudicial to women, he said. Vijayan said the BJP did not hew to the concept of UCC as mentioned in the Constitution’s Directive Principles of State Policy. Instead, Vijayan said, the BJP sought to use UCC as a legislative pretext to pass a dubious law to enslave citizens under a viciously harsh, obscurantist, retrogressive and viscerally hierarchical caste system that sought to retard the social progress ushered in by the Renaissance movement. Vijayan said the Sangh Parivar aimed to reinstate feudalism by goading the Central government to lurch to revanchism. He said the BJP sought to create a Hindu nationalist State. The criminalisation of triple talaq, stripping Kashmir of its special status, violence against minorities, Dalits and tribes, and bulldozing the CAA through the Parliament without discussion were precursors to the Sangh Parivar agenda. Vijayan pointed out that a UCC would render the statutory autonomous councils for tribal development in North Eastern States redundant. He said it would end the special protections given to Dalits. A UCC was no panacea for the country’s ills. It seeks to erase the fundamental right of citizens to practice, profess and propagate the religion of their choice and live by the personal laws that their respective faiths prescribe, Vijayan said. Leader of Opposition V.D. Satheesan amended the resolution by urging the Assembly to oppose the UCC in toto instead by removing the “diluting” proviso that communal consensus was a pre-requisite for a common legal code. He felt the lack of such an emphasis would water down the resolution’s spirit. The Assembly also registered deep worry over the Centre’s bid to impose UCC, expressing worry that it would fracture the country and subsume its ethnic, linguistic and religious diversities. The BJP condemned the resolution. BJP State President K. Surendran said the ruling front and opposition misused the Assembly to create religious polarisation to reap political dividends by “appeasing a particular section of the society”. Vijayan has made a mockery of himself and the House by passing a resolution on a uniting common legal code not yet considered by the Parliament. He had also contradicted CPI(M) leaders, including E M S Namboodiripad, who supported UCC as a precursor to creating a genuinely secular State. Congress and BJP had bent their knees to “vote bank politics”. Opposition parties move privilege notice against Piyush Goyal over remarks against them Several leaders of the Opposition alliance INDIA have given a privilege notice against leader of the House in Rajya Sabha Piyush Goyal over some of his remarks against some opposition leaders. Among the parties whose leaders gave the notice are the Congress, TMC, AAP, RJD, DMK, RJD, JDU, NCP and the Left parties. Sources said leaders of INDIA parties gave the notice to the Rajya Sabha chairman complaining against Goyal’s certain remarks made while he was speaking on the issue of media portal ‘NewsClick’ receiving funding from China-linked firms allegedly to spread Chinese propaganda. Goyal questioned the relationship between the Opposition parties and the news portal ‘NewsClick’, which has been accused in a New York Times report of receiving funding from China-linked firms. “Today at 1300 hrs, the floor leaders of INDIA parties in the Rajya Sabha submitted a privilege motion against Leader of the House Piyush Goyal for addressing the Opposition as all of them ‘traitors’,” Congress MP Jairam Ramesh said on Twitter. “Nothing less than an apology from him on the floor of the House, when it is in order, will do,” the Congress leader, who is a signatory to the privilege notice, said. The leaders also raised an uproar in the House and demanded an apology from Goyal. “The INDIA parties walked out of the Rajya Sabha today for the rest of the day because of: The continued refusal of the Modi government to allow an immediate discussion on Manipur on the basis of a mutually negotiated Motion. “The continued refusal of the Leader of the House Piyush Goyal to apologise for the highly objectionable and completely unacceptable remarks he made against leaders of the INDIA parties,” Ramesh also said in another tweet after the opposition parties walked out of the House. In the House, Goyal, however, said he takes back any words which may not be parliamentary and urged the chair to remove the same from the records. The chairman said he will go through the records and if there is anything unparliamentary, that cannot remain as part of the records of the House. Rahul Gandhi gets back Tughlaq Lane house after reinstatement as Lok Sabha MP Congress leader Rahul Gandhi has been re-allotted the 12, Tughlaq Lane bungalow a day after his disqualification as Lok Sabha member was restored following a directive of the Supreme Court, officials said on August 8. The House Committee of the Lok Sabha has decided to allot the same bungalow he was asked to vacate after Gandhi was disqualified as member of the lower house on March 24 as a result of his conviction and a two-year jail term awarded to him for the ‘Modi surname’ remarks. “Mera ghar pura Hindustan hai (Whole country is my home),” quipped Gandhi when asked about being allotted the 12, Tughlaq Lane bungalow. On Monday, the Lok Sabha Secretariat restored Gandhi’s membership of the lower house after the Supreme Court stayed his conviction in the defamation case. In April, Rahul Gandhi vacated his official residence in central Delhi, in line with protocol, after he was disqualified as an MP in March following a Surat court’s conviction in the criminal defamation case. A disqualified MP is not entitled to a government accommodation and gets a month’s time to vacate the official residence. In Brief: The Enforcement Directorate has issued a summons to Jharkhand Chief Minister Hemant Soren for questioning in a money laundering case, official sources said on August 8. He has been asked to depose on August 14 at the federal agency’s office here and record his statement under the Prevention of Money Laundering Act, the sources said. The case in which he has been called was not known immediately. The 47-year-old Jharkhand Mukti Morcha leader had been questioned by the ED in November last year in another money laundering case linked to alleged illegal mining in the state. Parliament on August 8 passed a bill which seeks to entrust the management accountability of the IIMs with the President, who will be the Visitor to the premier B-schools and have powers to audit their functioning and remove or appoint directors. The Rajya Sabha cleared the Indian Institutes of Management (Amendment) Bill, 2023, which aims to strengthen the governance and oversight of the prestigious institutions while preserving their academic autonomy, by a voice vote. Lok Sabha had cleared the bill on August 4. Evening Wrap will return tomorrow. [logo] The Evening Wrap 08 August 2023 [The Hindu logo] Welcome to the Evening Wrap newsletter, your guide to the day’s biggest stories with concise analysis from The Hindu. [[Arrow]Open in browser]( [[Mail icon]More newsletters]( Article 370 hearing: India seeks public opinion through established institutions not Brexit-type referendums, says CJI [Chief Justice of India D.Y. Chandrachud on August 8 said as a constitutional democracy]( India, seeks its public opinions through established institutions like the Parliament and not through Brexit-type referendums. The Chief Justice, who heads a Constitution Bench examining the challenge to the abrogation of Article 370 of the Constitution, which gave special status to Jammu and Kashmir, was reacting to a submission by senior advocate Kapil Sibal, appearing for the petitioners. Sibal was arguing that the Parliament and the Union government abrogated Article 370 “unilaterally”, without making an effort to understand the will of the people of Jammu and Kashmir. “When you want to sever such a special relationship with Jammu and Kashmir, you had to ultimately seek the opinion of the people. The will of the people was central to this decision. It should have been a political decision… What happened in Brexit? There was no constitutional provision for a referendum. Yet, they asked for public opinion,” Sibal submitted. But Chief Justice Chandrachud said a Brexit situation cannot be envisaged in India. “In a constitutional democracy, seeking the opinions of the people should be through established institutions. Any recourse to public opinion has to be sought through established institutions. You cannot envisage a Brexit-type referendum… That was a political decision taken by the then government in the U.K... But within a Constitution like ours, there is no question of a referendum,” Chief Justice Chandrachud observed. Sibal argued that the Union government had abrogated Article 370 through a series of “executive acts”, starting with the dissolution of the Jammu and Kashmir Legislative Assembly and the State government, the subsequent imposition of the President’s rule in the erstwhile State and the tweaking of the proviso to Article 370(3) to side-step the pre-condition of getting the recommendation of the now defunct Jammu and Kashmir Constituent Assembly before declaring Article 370 inoperative. “You [Indian government] played a fraud on the Constitution,” he said. Sibal said the relationship between the Union government and the State of Jammu and Kashmir was “purely federal” and not quasi-federal like the other States. The consent of the State and its people had been necessary. At one point, the Chief Justice asked how it could be assumed that Article 370 had assumed a permanent character in the Constitution. “Was a constitutional amendment, required in the Indian Constitution to drop the ‘temporary’ nature of 370 and make it permanent or can it be deemed permanent merely on the basis that the Jammu and Kashmir Constituent Assembly did not abrogate it before dissolving in 1957?” Chief Justice Chandrachud asked. Opposition forced to bring no-trust vote against government to break PM’s ‘maun vrat’ on Manipur: Congress’ Gogoi [Congress MP Gaurav Gogoi on August 8 said the Opposition bloc INDIA was forced to bring the no-confidence]( motion against the government to break Prime Minister Narendra Modi’s “vow of silence” on Manipur. Initiating the debate on the motion in the Lok Sabha, Gogoi alleged that a government which talks about “one India has created two Manipurs— one living in hills and the other in the valley”. As the Lower House took up the motion moved by Gogoi, there were heated exchanges between the Opposition and treasury benches after Parliamentary Affairs Minister Pralhad Joshi wondered why Rahul Gandhi’s name as lead speaker was withdrawn in the last minute. Gogoi’s response that should the remarks made by the Prime Minister in Lok Sabha Speaker Om Birla’s chamber be revealed in the House evoked a sharp retort from Home Minister Amit Shah who said the member cannot make unsubstantiated claims about the PM. Gogoi submitted his motion— ‘This House expresses want of confidence in the Council of Ministers’— before the House and then made his statement. He said the Indian National Developmental, Inclusive Alliance (INDIA) parties were forced to bring the no-confidence motion as this was never about numbers but about justice for Manipur. “Manipur demands justice. Martin Luther King Jr. had said injustice anywhere is a threat to justice everywhere. If Manipur is burning, the whole of India is burning, if Manipur is divided, the country is divided. It was our demand that as the leader of the country, Prime Minister Modi should come to the House and speak about Manipur. However, he kept a ‘maun vrat (vow of silence) that he will neither speak in the Lok Sabha nor in the Rajya Sabha,” Gogoi said. “Through the no-confidence motion we want to break his vow of silence,” he said. Gogoi said he would like to ask the Prime Minister why he had not gone to Manipur, when Gandhi had gone as had Shah and the Minister of State for Home Nityanand Rai. “Why did he [PM Modi] take about 80 days to speak on Manipur and just spoke for 30 seconds. After that there has been no peace appeal on Manipur from him. Ministers are saying they will speak, but as PM the power of his words cannot be matched by Ministers,” Gogoi said. Manipur police file FIR against Assam Rifles for ‘obstructing search ops’, Army says unit keeping buffer zone sanctity [Manipur Police has registered an FIR accusing the Assam Rifles]( of blocking their vehicle after an altercation between the two groups last week, PTI reported. Security sources however described the FIR as a “travesty of justice” and said that the Assam Rifles was undertaking a task given by the command headquarters of ensuring sanctity of the buffer zones between Kuki and Meitiei areas. The FIR was filed on August 5 when police alleged that the Assam Rifles blocked police vehicles on the Kwakta Gothol road in Bishnupur district. The FIR claimed the Assam Rifles stopped its personnel from proceeding when “the state police was proceeding on Pholjang Road along Kwakta as follow up action to conduct search operations in an arms act case in search of Kuki militants.” The police claimed that its personnel was stopped by 9 Assam Rifles which parked their ‘Casper’ vehicle blocking the road. Defence sources reacted stating “Assam Rifles was undertaking a task given by the command headquarters of ensuring sanctity of the buffer zones between Kuki and Meitiei areas.” Sources in Imphal secretariat said the Army was taking up the issue with the state government strongly at a high level. Kerala Assembly passes unanimous resolution demanding the BJP-led Central government to abandon move to draft UCC T[he Kerala Legislative Assembly on Tuesday passed a unanimous resolution]( demanding that the Bharatiya Janata Party (BJP)-led Central government abandon the polarising move to draft a Uniform Civil Code (UCC). Chief Minister Pinarayi Vijayan tabled the politically consequential motion that has an immediate bearing on preserving the personal laws that govern marriage, divorce, inheritance, and succession of minority community members, chiefly Muslims. Notably, Christians, especially Catholics, accept canon laws as personal laws. Predictably, Vijayan won across-the-aisle support from the Congress-led United Democratic Front (UDF) opposition. The rare political unanimity was seen in the Assembly in 2019 when the ruling Left Democratic Front (LDF) and UDF closed ranks to oppose the Centre’s “patently anti-Muslim” Citizenship Amendment Act (CAA) legislation. Vijayan said BJP intended to dictate how society should run under the pretext of imposing a UCC. It sought to slyly imbue the proposed UCC with aspects of the Manusmriti, an ancient Hindu code that endorsed the oppressive caste system and was deeply prejudicial to women, he said. Vijayan said the BJP did not hew to the concept of UCC as mentioned in the Constitution’s Directive Principles of State Policy. Instead, Vijayan said, the BJP sought to use UCC as a legislative pretext to pass a dubious law to enslave citizens under a viciously harsh, obscurantist, retrogressive and viscerally hierarchical caste system that sought to retard the social progress ushered in by the Renaissance movement. Vijayan said the Sangh Parivar aimed to reinstate feudalism by goading the Central government to lurch to revanchism. He said the BJP sought to create a Hindu nationalist State. The criminalisation of triple talaq, stripping Kashmir of its special status, violence against minorities, Dalits and tribes, and bulldozing the CAA through the Parliament without discussion were precursors to the Sangh Parivar agenda. Vijayan pointed out that a UCC would render the statutory autonomous councils for tribal development in North Eastern States redundant. He said it would end the special protections given to Dalits. A UCC was no panacea for the country’s ills. It seeks to erase the fundamental right of citizens to practice, profess and propagate the religion of their choice and live by the personal laws that their respective faiths prescribe, Vijayan said. Leader of Opposition V.D. Satheesan amended the resolution by urging the Assembly to oppose the UCC in toto instead by removing the “diluting” proviso that communal consensus was a pre-requisite for a common legal code. He felt the lack of such an emphasis would water down the resolution’s spirit. The Assembly also registered deep worry over the Centre’s bid to impose UCC, expressing worry that it would fracture the country and subsume its ethnic, linguistic and religious diversities. The BJP condemned the resolution. BJP State President K. Surendran said the ruling front and opposition misused the Assembly to create religious polarisation to reap political dividends by “appeasing a particular section of the society”. Vijayan has made a mockery of himself and the House by passing a resolution on a uniting common legal code not yet considered by the Parliament. He had also contradicted CPI(M) leaders, including E M S Namboodiripad, who supported UCC as a precursor to creating a genuinely secular State. Congress and BJP had bent their knees to “vote bank politics”. Opposition parties move privilege notice against Piyush Goyal over remarks against them [Several leaders of the Opposition alliance INDIA have given a privilege notice against leader of the House]( in Rajya Sabha Piyush Goyal over some of his remarks against some opposition leaders. Among the parties whose leaders gave the notice are the Congress, TMC, AAP, RJD, DMK, RJD, JDU, NCP and the Left parties. Sources said leaders of INDIA parties gave the notice to the Rajya Sabha chairman complaining against Goyal’s certain remarks made while he was speaking on the issue of media portal ‘NewsClick’ receiving funding from China-linked firms allegedly to spread Chinese propaganda. Goyal questioned the relationship between the Opposition parties and the news portal ‘NewsClick’, which has been accused in a New York Times report of receiving funding from China-linked firms. “Today at 1300 hrs, the floor leaders of INDIA parties in the Rajya Sabha submitted a privilege motion against Leader of the House Piyush Goyal for addressing the Opposition as all of them ‘traitors’,” Congress MP Jairam Ramesh said on Twitter. “Nothing less than an apology from him on the floor of the House, when it is in order, will do,” the Congress leader, who is a signatory to the privilege notice, said. The leaders also raised an uproar in the House and demanded an apology from Goyal. “The INDIA parties walked out of the Rajya Sabha today for the rest of the day because of: The continued refusal of the Modi government to allow an immediate discussion on Manipur on the basis of a mutually negotiated Motion. “The continued refusal of the Leader of the House Piyush Goyal to apologise for the highly objectionable and completely unacceptable remarks he made against leaders of the INDIA parties,” Ramesh also said in another tweet after the opposition parties walked out of the House. In the House, Goyal, however, said he takes back any words which may not be parliamentary and urged the chair to remove the same from the records. The chairman said he will go through the records and if there is anything unparliamentary, that cannot remain as part of the records of the House. Rahul Gandhi gets back Tughlaq Lane house after reinstatement as Lok Sabha MP C[ongress leader Rahul Gandhi has been re-allotted the 12, Tughlaq Lane bungalow]( a day after his disqualification as Lok Sabha member was restored following a directive of the Supreme Court, officials said on August 8. The House Committee of the Lok Sabha has decided to allot the same bungalow he was asked to vacate after Gandhi was disqualified as member of the lower house on March 24 as a result of his conviction and a two-year jail term awarded to him for the ‘Modi surname’ remarks. “Mera ghar pura Hindustan hai (Whole country is my home),” quipped Gandhi when asked about being allotted the 12, Tughlaq Lane bungalow. On Monday, the Lok Sabha Secretariat restored Gandhi’s membership of the lower house after the Supreme Court stayed his conviction in the defamation case. In April, Rahul Gandhi vacated his official residence in central Delhi, in line with protocol, after he was disqualified as an MP in March following a Surat court’s conviction in the criminal defamation case. A disqualified MP is not entitled to a government accommodation and gets a month’s time to vacate the official residence. In Brief: The[Enforcement Directorate has issued a summons to Jharkhand Chief Minister Hemant Soren]( for questioning in a money laundering case, official sources said on August 8. He has been asked to depose on August 14 at the federal agency’s office here and record his statement under the Prevention of Money Laundering Act, the sources said. The case in which he has been called was not known immediately. The 47-year-old Jharkhand Mukti Morcha leader had been questioned by the ED in November last year in another money laundering case linked to alleged illegal mining in the state. [Parliament on August 8 passed a bill which seeks to entrust the management accountability of the IIMs]( with the President, who will be the Visitor to the premier B-schools and have powers to audit their functioning and remove or appoint directors. The Rajya Sabha cleared the Indian Institutes of Management (Amendment) Bill, 2023, which aims to strengthen the governance and oversight of the prestigious institutions while preserving their academic autonomy, by a voice vote. Lok Sabha had cleared the bill on August 4. Evening Wrap will return tomorrow. 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