Former Lok Sabha Secretary General PDT Achary claimed that altering the name of India in the Preamble to Bharat would not constitute modifying the Constitution’s fundamental design.
PDT Achary, a constitutional scholar, asserted that the Parliament has the authority to enact the constitutional revisions necessary to carry out any such exercise amid the intense speculation around the Narendra Modi government’s intention to rename the nation from India to Bharat.
“The Constitution can be changed in any part by the legislature. The essential framework of the Constitution cannot be amended by Parliament, but all other provisions can, according to Achary, who formerly held the position of Lok Sabha Secretary General.
According to Achary, the task of changing the name of the country will be a “herculean exercise”, but “can be done”. As per Achary, several constitutional amendments will have to be carried out in order to bring about any change in the country’s name from the Republic of India.
“First of all, Article 1 of the Constitution, which mentions the name of the country (India, that is Bharat) will have to be changed. Then, wherever India is used that will have to go… Then there will be inflections,” says Achary.
The Supreme Court developed the doctrine for the fundamental design of the Constitution in its seminal 1973 ruling in the Kesavananda Bharati case, and it established that the Parliament can amend any part of the Constitution but cannot change its fundamental design, which serves as a check on the powers of the executive and legislative branches of government.
So, if the country’s name is changed, will any of the Constitution’s necessary revisions result in a change to the document’s fundamental principles? “No,” replies Achary. He asserts that none of these constitutional changes, including the Preamble, will alter the Constitution’s fundamental design.
“The Constitution’s Preamble is a component of it. The Preamble needs to be amended if you wish to change the name of the nation from India to Bharat, according to Achary.
We are a sovereign socialist secular democratic republic, according to the Preamble. The fundamental framework (of the Constitution) will be affected if you tamper with any of these items. However, “Bharat” can be used in place of “India.” The Constitution’s fundamental structure is unaffected by the name change in and of itself, Achary continued.
The Preamble to the Constitution would be altered for the second time in independent India’s history if the government agrees to move forward with the exercise. The words “socialist” and “secular” were added to the preamble of the Constitution through the 42nd change of the Constitution in 1976, which was the first and only change made during the tenure of then-Prime Minister Indira Gandhi.
The Supreme Court ruled in the well-known LIC case of 1995 that “the preamble of the Constitution… is an integral part of the Constitution,” despite the fact that it had been debated for a long time as to whether it was only an introduction or part of the Constitution.
Validation of 1997 Himachal Pradesh Passenger Tax Legislation
In a significant ruling, the Supreme Court has upheld the validity of the 1997 Himachal Pradesh Passengers and Goods (Amendment and Validation) Act, which imposes taxes on transport vehicle owners providing free passenger services. This includes vehicles used by employers to transport their employees and families.
Background and Legal Challenge
The legal dispute stemmed from the Himachal Pradesh Passengers and Goods Taxation Act of 1955, which imposed taxes on passengers and goods transported by certain motor vehicles in the state. Thermal power companies, the appellants in this case, had previously challenged the applicability of the 1955 Act to their operations.
These companies had been providing free transportation to their employees and their children using company-owned buses, exclusively for their use and not open to the general public. The Assessing Authority had demanded passenger tax payments for several years, dating back to the 1980s.
High Court Ruling and Introduction of the 1997 Act
The Himachal Pradesh High Court had ruled in favor of the companies, noting that the 1955 Act did not explicitly cover the transport vehicles operated by these companies. In response, the state government introduced the 1997 Act to broaden the scope of vehicles subject to taxation when carrying passengers free of cost.
Supreme Court’s Decision
The Supreme Court determined that the 1997 Act had effectively addressed the High Court’s earlier judgment by amending various definitions related to passengers, businesses, and motor vehicles. This expansion of the law’s scope allowed taxation to cover vehicles engaged in carrying passengers and goods for any trade, commerce, manufacture, or other activities, whether or not they were for profit.
Tax Coverage and Exceptions
The Court clarified that the tax could be imposed on all passengers traveling for free, except for the driver, conductor, or employees fulfilling their duties related to the vehicle. This definition encompassed non-fare paying employees of the appellants and school-going children of these employees.
Dismissal of Motor Vehicle Tax Argument
The Court rejected the argument that the passenger tax was essentially a motor vehicle tax, emphasizing that it specifically targeted passengers and goods. The responsibility for paying this tax rested with the owners of the motor vehicles.
Implementation of Tax Liability
Using its powers under Article 142 of the Constitution, the Supreme Court decided to make the tax liability effective for the appellants starting from the current financial year. This leniency was granted considering that the appellants were public sector units involved in hydro-power and irrigation projects, offering transport facilities to their employees and children.
Legal Representation
Advocate SB Upadhyay represented NHPC (appellant), while Advocate Yashraj Singh Deora appeared for the Bhakra Beas Management Board (appellant). Advocate General Anup Kumar Rattan represented the State of Himachal Pradesh in this case.
Court Rebukes Advocate for Insisting on Reading Entire Petition
In a recent development, the Gujarat High Court reprimanded an advocate for his practice of simply reading out a petition in court and demanding that the entire document be perused by the judges.
Judicial Time Deemed Wasted on Mere Reading
A division bench, comprising Chief Justice Sunita Agarwal and Justice Aniruddha Mayee, criticized this approach as a “criminal waste of judicial time.” The judges stressed that lawyers should engage in active advocacy rather than relying solely on reading verbatim from the petition.
Advocate’s Defense and Court’s Response
The advocate defended his stance, asserting that courts exist to deliver justice and should not bypass a thorough reading of petitions. Chief Justice Agarwal cautioned against taking undue liberties and insisted that the court was well aware of its role in delivering justice.
Adjournment with a Clear Directive
The court adjourned the hearing to September 8, issuing a clear directive to the advocate to present arguments instead of reading from the petition.
Case Background
The case at hand concerns the acquisition of land in July 1987. The petitioners, who were landowners, expressed dissatisfaction with the compensation awarded by the acquisition authorities.
Court’s Query and Advocate’s Response
The court inquired whether the petitioner’s counsel could provide acquisition notifications to clarify whether the petitioners’ lands were initially part of the acquisition proceedings. However, the advocate requested the court’s patience and opted to read from the documents in the petition.
Request for Recusal
During the hearing, the counsel also sought leave to file an application for recusal, leading to an exchange with Chief Justice Agarwal. However, the Chief Justice clarified her intention to continue presiding over the case.
Two Approaches to Arguing the Case
The advocate proposed “two methods of arguing” the case, one involving pointing out aspects of the petition and the other consisting of reading the entire document to explain the issues. The bench firmly rejected the latter approach, emphasizing the counsel’s responsibility to argue effectively.
Court’s Final Word
The Gujarat High Court made it abundantly clear that it would not permit the counsel to read the entire petition in court. Instead, they encouraged the lawyer to argue the case in the manner expected of legal counsel. The court requested that the advocate return for the next hearing fully prepared to present arguments, rather than relying on reading from the petition.
A total of 1,000 foreign delegations received practical UPI demonstrations from the central government. Foreign delegates who came to India ahead of the G20 meeting praised the initiative and reported having a “great” experience using the Unified Payments Interface technology after having the chance to do so. “I have been using the G20 UPI application…has been great,” one of the participants stated. On Monday afternoon, I was able to complete my first transaction. Made a transaction in some small stores… Actually, we were purchasing Coca-Cola, candy, and medicine, and it was great. Using the UPI network has been a truly wonderful experience for me as someone who is from overseas.
Another participant said, “I’ve never used the UPI network before. I’ve traveled to India a few times, but I’ve always been restricted to using cash and credit cards.
The government highlighted the nation’s digital public goods and its ‘Digital India’ project in light of India’s G20 Presidency. In support of this, the central government provided about 1,000 foreign delegates attending the event with hands-on demonstrations. These demonstrations highlighted the UPI wallet technology and showed how simple it is to make payments utilizing this domestic option.
According to a government official who spoke to ANI previously, “Foreign delegates or participants will be given 500-1,000 in their UPI wallets for doing UPI transactions.” The official added that it has budgeted roughly 10 lakhs for it.
For retail digital payments, the UPI payment system has grown wildly popular in the nation and is being adopted at an accelerated rate. In August, the number of UPI (Unified Payments Interface) transactions surpassed 10 billion. Drumroll, please! The National Payments Corporation of India (NPCI) has previously posted on X. With an astounding 10 billion or more transactions, UPI has recently broken records. Join us as we commemorate this amazing accomplishment and the potential of digital payments. Let’s maintain the momentum and continue to transform how we do transactions via UPI.
In a significant development, the Uttarakhand High Court has issued an order directing the Central Bureau of Investigation (CBI) to investigate allegations of illegal construction within the Corbett Tiger Reserve and the reported felling of nearly 6,000 trees to facilitate the creation of a tiger safari. This decision comes as a response to both a suo motu public interest litigation (PIL) initiated by the Court and a plea filed by a Dehradun resident, Anu Pant.
Serious Allegations Against State Authorities
A division bench of Chief Justice Vipin Sanghi and Justice Alok Kumar Verma highlighted the gravity of the allegations, implicating higher authorities of the state, including former forest minister Harak Singh Rawat. The Court asserted that it could not merely stand by as a spectator in the face of these allegations.
The Court further expressed the view that suspending some officers would not suffice and called for a comprehensive CBI probe into the matter, emphasizing the need for cooperation from all state authorities.
Prima Facie Case for CBI Investigation
The bench stated, “We are satisfied that the material on record does disclose a prima facie case calling for an investigation by the Central Bureau of Investigation. Therefore, the present matter is referred to CBI for proper and uninfluenced investigation in accordance with the law.”
Unapproved Construction and Tree Felling
The case revolves around the unauthorized construction of administrative buildings, internal roads, service roads, guard huts, and animal holding areas within the sensitive areas of the Corbett Tiger Reserve, without the necessary administrative and financial approvals. Initially, authorities claimed that only 163 trees were cut for these purposes, but subsequent reports revealed that nearly 6,000 trees had been felled.
Despite several inquiries into the role of officials and alleged violations of environmental laws, the Court noted that no substantial action had been taken against those responsible.
Role of Former Forest Minister and Divisional Forest Officer
A report by a Central Empowered Committee formed by the National Green Tribunal implicated the former forest minister, Harak Singh Rawat, in the planning and execution of illegal constructions and unauthorized buildings within the tiger reserve. The report also named the then Divisional Forest Officer (DFO) Kishan Chand, alleging a history of irregularities and questionable conduct.
It was alleged that the minister disregarded advice from the State vigilance department, the Principal Chief Conservator of Forests (PCCF), and Head of Forest Force (HoFF) when appointing Kishan Chand to sensitive positions.
Legal Representation
Advocate Abhijay Negi represented the petitioner, Anu Pant, while the State of Uttarakhand was represented by Special Counsel Atul Sharma, Additional Chief Standing Counsel Rajeev Singh Bisht, and Standing Counsel Gajendra Tripathi. The Union of India was represented through its Standing Counsel VK Kapruwan.
To accommodate the increasing number of tourists visiting Venice, the Italian government plans to start charging 5 euros for visitors the following year.
The Reserve Bank of India (RBI) will exhibit a number of cutting-edge financial innovations at the G20 Summit that have the potential to fundamentally change the financial environment. The RBI pavilion at the summit is home to five unique displays, each of which emphasizes a different facet of Indian financial innovation. One of the highlights of the show is the Public Tech Platform (PTP) for Frictionless lending, a breakthrough created to alter rural financing.
New Delhi According to two senior officials on Tuesday, India will demonstrate its fintech prowess at the G20 Summit, including the ability to approve bank credits to farmers and small businesses in minutes, develop affordable global payment solutions to compete with MasterCard and Visa and develop applications that let non-residents pay their utility bills from abroad.
The central bank digital currency (CBDC), UPI One World, RuPay On-The-Go, and Bharat bill payment system (BBPS) are the five such products that the Reserve Bank of India (RBI) would present at the Summit, according to one of them.
The RBI, he continued, would conduct live demonstrations of these services, and a few of the pilot’s participating banks will use live digital rupee transactions to promote India’s digital currency.
UPI is one of India’s major triumphs, and numerous nations are already eager to either have the technology or to connect it with their digital currencies, according to the authorities. “The UPI One World will onboard the visitors to the system without having a bank account in India and they will benefit in the process to have a first-hand experience of breezing payments through UPI,” the official stated above.
He added that the RuPay On-The-Go, another fintech solution, demonstrates the adaptability of domestic card scheme linked items on par with such international products by enabling clients to conduct contactless transactions using digital accessories such as watches and keyrings.
Additionally, RBI will highlight BBPS as a choice for international bill payments. He stated that it can be used by non-resident Indians (NRIs) to send various kinds of payments to Indian utilities from outside.
A second official emphasized the significance of these fintech solutions and cited the RBI’s pilot project, which provided loans to farmers and the dairy industry in under 15-20 minutes, as an illustration of the PTP’s frictionless credit system.
While Kisan Credit Cards (KCC) provide a revolving credit facility to farmers, manual processing of such loan applications takes 2-4 weeks, is laborious, and incurs operational costs. He claimed that thanks to digital technology, KCC loans up to 1.6 lakh per farmer are now instantly available without the need for collateral.
He continued by saying that the pilot program was successfully operating in a few regions of Madhya Pradesh and Maharashtra that used a state-created digital land records database to assess creditworthiness. Farmers can now use their cellphones or tablets at any time to apply for new KCC loans as well as KCC renewal, he said. In Gujarat, a similar digital pilot program was started that gave dairy farmers credit based on the data from their milking operations.
According to the degree of digitization of essential data, “RBI plans to extend this facility in all areas”—loans to micro, small and medium enterprises (MSMEs), personal loans, school loans, and so on.
The first official stated that an experience center would be made available for the delegates and visitors to see an interactive demonstration of the entire process, from onboarding to sanction and disbursement of the KCC and dairy loans in an entirely digital manner in a matter of minutes, revolutionizing rural credit.
In response to a question on the idea of “one nation, one election” in Bhopal, Kumar stated that the RP Act and constitutional provisions oblige the poll commission to “deliver elections before the time.”
Rajiv Kumar, the chief election commissioner, talks at a press conference in New Delhi on March 29, 2023, to announce the dates of the Karnataka Legislative Assembly elections. PTI Image/File
According to PTI, Chief Election Commissioner Rajiv Kumar stated on Wednesday that the Election Commission of India (ECI) is prepared to operate in accordance with the Representative of the People (RP) operation and constitutional requirements in the framework of “one nation, one election.”
In response to a question on the idea of “one nation, one election” in Bhopal, Kumar stated that the RP Act and constitutional provisions oblige the poll commission to “deliver elections before the time.”
Legal requirements state that this period of time is five years from the day of the first Parliamentary session following the formation of a new administration. Six months before the conclusion of this period, the ECI may announce the general elections, according to Kumar. Elections for the assembly follow the same rules. According to him, the ECI is authorized and prepared to conduct elections in accordance with the law.
In order to engage with political parties, the government, and enforcement agencies about election preparation in Madhya Pradesh, where elections are scheduled for November-December, Kumar and other top ECI officials traveled to Bhopal. The CEC also stated that the state, which has just under 5.5 crore voters, will issue its final voter list on October 5.
The issue of “one nation, one election” was brought to the forefront last week when the Centre established an eight-member team to be chaired by former President Ram Nath Kovind to examine the viability of holding simultaneous polls across the country.
The Supreme Court has taken up the problem of freebies in elections, according to the CEC, which also noted that the top electoral body had produced a thorough report in this regard.
Ten state assemblies’ tenure are set to expire prior to or around the 2024 Lok Sabha elections.
A commission led by President Ramnath Kovind has been established by the Centre to determine whether simultaneous elections for the Lok Sabha and state legislatures are feasible in India. (Image from a file: The Indian Express)
In advance of the special session of Parliament that will take place from September 18 to 22, the Centre’s decision to form a committee under the leadership of former President Ramnath Kovind to examine the viability of holding simultaneous Lok Sabha and Assembly elections, as was the case until 1967, has generated buzz in political circles.
Since the Narendra Modi administration of the BJP-led NDA took office at the Center in 2014, there has been growing buzz surrounding the concept of “One Nation One Election,” which was first proposed by the Election Commission in 1982 and accepted by the Law Commission in 1999. Atal Bihari Vajpayee, a former prime minister, supported it in 2003, and Lal Krishna Advani, a senior BJP leader, supported it once more in 2010.
Politicians from all parties have shown support for the concept of conducting simultaneous polls, although logistical concerns still exist. The Law Commission, Niti Aayog, the standing committee on law and justice, as well as the EC, have all supported the concept, citing the impact on governance brought on by the model code of conduct’s ongoing enforcement.
Simultaneous elections would provide the Election Commission with logistical difficulties, and their implementation would necessitate changes to at least five Constitutional Articles. According to experts, amendments to Articles 83 (duration of houses of Parliament), 85 (sessions of Parliament, prorogation, and dissolution), 172 (duration of state legislatures), 174 (sessions of state legislatures, prorogation, and dissolution), and 356 (President’s rule) will need to be approved by at least 50% of the states in the union.
Ten states with upcoming elections could have elections in addition to the Lok Sabha elections if the proposal is successful in winning support from Parliament. These assemblies’ terms end either prior to or close to the Lok Sabha elections that are slated to take place in 2024.
By the end of the year, elections for five states’ assemblies are scheduled: Madhya Pradesh, Rajasthan, Telangana, Mizoram, and Chhattisgarh. However, if the general elections are moved up, polls in Andhra Pradesh, Arunachal Pradesh, Odisha, Sikkim, and Jharkhand might be held concurrently with the Lok Sabha elections.
Schedule for when terms in states and union territories will expire: complete list
Mizoram: December 2023
Chhattisgarh, Madhya Pradesh, Rajasthan, Telangana: January 2024
Andhra Pradesh, Arunachal Pradesh, Odisha, Sikkim: June 2024
Haryana, Maharashtra: November 2024
Jharkhand: December 2024
Delhi: February 2025
Bihar: November 2025
Assam, Kerala, Tamil Nadu, West Bengal: May 2026
Puducherry: June 2026
Goa, Manipur, Punjab, Uttarakhand: March 2027
Uttar Pradesh: May 2027
Gujarat, Himachal Pradesh: December 2027
Meghalaya, Nagaland, Tripura: March 2028
Karnataka: May 2028
The Jammu and Kashmir UT was established when the last Assembly was dissolved in 2018, however, it is still unclear when its tenure will end.
The Delhi High Court has issued a significant order directing the Central government and domain name registrars (DNRs) to block and suspend multiple fraudulent websites that were impersonating US-based investment advisory and asset management services firms, Cresset Capital Management and Cresset Administrative Services Corporation. The order, delivered by Justice Prathiba M Singh on September 1, also involves an investigation by the Delhi Police’s cyber cell due to the websites’ illicit collection of money from unsuspecting consumers.
Impersonation and Collection of Funds:
The plaintiff, Cresset, had filed the plea, alleging that an individual named Karthikeyan Ganesan had registered several domain names using the “Cresset” mark. Consumers had reported investing money in these websites, believing them to be affiliated with Cresset. The fraudulent websites had replicated Cresset’s content, making it difficult for users to discern their fraudulent nature.
Court’s Observations:
Justice Singh examined the websites and found that they were blatantly using the Cresset name and logo with the sole intention of impersonating the company and collecting money from unsuspecting individuals. The Court noted that all domain name registrations were privacy protected, making it challenging to identify the individuals behind the websites. Consequently, the Court ordered the immediate suspension of these domain names to prevent further deception of innocent individuals.
Comprehensive Investigation:
In addition to blocking the websites, the Court directed a thorough investigation through the Delhi Police’s cyber cell to uncover the individuals responsible for these fraudulent websites. The investigation will include inquiries into any bank accounts opened by the website proprietors and the issuance of freezing orders, as necessary.
Legal Representation:
Cresset was represented by Senior Advocate Saurabh Kirpal, along with advocates Anuj Berry, Sourabh Rath, Vibhore Yadav, and Gauri Pasricha.
The Ministry of Electronics and Information Technology (MEITY) Department of Technology (DoT) was represented by Central Government Standing Counsel Harish Vaidyanathan Shankar, along with advocates Gokul Sharma, Srish Kumar Mishra, Sagar Mehlawat, Alexander Mathai Paikaday, Krishnan V, and M Sriram.
This legal action underscores the importance of protecting consumers from fraudulent online activities and impersonation.
Mamata Banerjee, the chief minister of West Bengal, asserted on Tuesday that the country should only be referred to as Bharat while asserting that India is Bharat.
She made reference to the issue surrounding a G20 dinner invitation addressed to the “President of Bharat,” saying that everyone in the world is familiar with India.
“I’ve heard that the name of India is changing. Bharat is written on the G20 invitation that was sent out under the honorable president’s name. What’s novel about the fact that we call the nation Bharat? When we say India in English… Nothing new needs to be done. Our nation is known as India” She addressed a government gathering here by enquiring as to what had suddenly occurred that required the country’s name to be altered.
“History is being rewritten in the country,” she continued.
Additionally, Banerjee criticized Governor CV Ananda Bose, claiming that he was obstructing the passage of laws approved by the state assembly.
“The governor’s actions represent an attempt to stifle state government. He can’t put off paying his bills, she said.
If necessary, she declared, she will stage a dharna outside the Raj Bhavan.
The governor, according to the chief minister, is meddling with how the state’s colleges, universities, and schools are run.
We will withhold the cash if the governor keeps meddling with how universities run, the woman said.
