The article examines the legal interpretation of untouchability following a "purification" ritual after a Dalit leader's rally. Article 17 of the Constitution abolishes untouchability in all forms, a principle reinforced by the Protection of Civil Rights Act, 1955. The Supreme Court, in Sukanya Shantha v Union of India (2024), clarified that untouchability is deeply connected to caste-based notions of "purity and pollution," which Article 17 rejects. The Court emphasized that Article 17's scope is not limited to physical exclusion but encompasses any discriminatory treatment based on a person's touch or presence, citing a Rajasthan High Court ruling against caste-specific purification rituals for temple entry.
- Article 17 of the Indian Constitution unequivocally abolishes untouchability in all its forms.
- The Protection of Civil Rights Act, 1955, provides legal penalties for practicing or promoting untouchability.
- The Supreme Court links untouchability to caste-based notions of "purity and pollution," which are constitutionally rejected.
The Supreme Court will review the Centre's application seeking clarification on its March 11 judgment concerning the income test for OBC creamy layer exclusion. The Centre argues that retrospective implementation is "extremely difficult," potentially causing a "cascading effect" on settled services since 2012, impacting all categories. The SC had previously found the Department of Personnel and Training (DoPT) incorrectly applied the income test, leading to the exclusion of OBC candidates and directing the creation of supernumerary posts. The Union government now seeks to continue current service allotments for CSE 2025 candidates based on the old income test reading, pending clarification.
- The Supreme Court will address the Centre's request for clarification on its March 11 judgment regarding the OBC creamy layer income test.
- The Centre claims retrospective application of the judgment is administratively challenging and could disrupt services settled since 2012.
- The SC had previously ruled that the DoPT's income test application was incorrect, leading to "hostile discrimination" against OBC candidates.
The Supreme Court's March 11 judgment in the Rohith Nathan case found the Department of Personnel and Training (DoPT) incorrectly applied the income test for OBC creamy layer exclusion. The Centre is now seeking clarification on retrospective implementation, citing potential "cascading effects" on settled services since 2012 and difficulties in identifying non-creamy layer status for past years. The DoPT also requested to continue applying the old income test rules for CSE 2025 candidates. This situation highlights the complex balance between ensuring substantive justice for candidates and maintaining administrative practicality and stability in reservation policy.
- The Supreme Court's March 11 judgment in the Rohith Nathan case ruled against DoPT's incorrect application of the income test for OBC creamy layer exclusion.
- The Centre seeks clarification on retrospective implementation, citing potential "cascading effects" on settled services since 2012.
- Difficulties include identifying non-creamy layer status for past years and potential disruption to existing services.
Prime Minister Modi's Independence Day address introduced the term 'dimaag'i Naxals' (brainy Naxals), accusing them of steering the nation's youth astray, marking a significant escalation in labelling dissent. The author argues this criminalizes critical thinking itself, moving beyond 'urban Naxal' which implied connection to armed groups. This approach raises concerns about academic freedom, student movements, and civil society, potentially fostering a culture of surveillance and conformity. The article draws parallels to historical ideological militias and the suppression of dissent, highlighting the dangers of misusing national security narratives to stifle democratic discourse and critical inquiry.
- PM Modi's 'dimaag'i Naxal' remark in his Independence Day address is seen as an escalation in labelling dissent and critical thinking as anti-national.
- The term 'dimaag'i Naxal' criminalizes thought itself, distinct from 'urban Naxal' which implied connection to armed groups.
- This approach poses a threat to academic freedom, student movements, and civil society, potentially leading to a culture of surveillance.
The Lok Sabha Secretariat issued notices to 20 MPs who had switched from the Trinamool Congress to the Nationalist Citizens Party of India (NCPI). This action follows a complaint by Trinamool general secretary Abhishek Banerjee, who urged the Speaker to disqualify the legislators. The Supreme Court agreed to hear Mr. Banerjee's plea for an expeditious decision on the disqualification petitions. Trinamool MP Mahua Moitra alleged a cover-up regarding the timing of the notices, questioning why they were issued only after the Supreme Court hearing.
- Lok Sabha Secretariat issued notices to 20 MPs who defected from Trinamool Congress to NCPI.
- The action follows a disqualification petition filed by Trinamool general secretary Abhishek Banerjee.
- The Supreme Court agreed to hear the plea for an expeditious decision on the petitions.
The Maharashtra Public Service Commission (MPSC) cancelled the recruitment process for Drug Inspector, Group-B posts, after a Mumbai Police inquiry found the screening test question paper had been leaked. The leak was discovered when candidates reported receiving the paper before the March 22 examination. MPSC filed a complaint, and the police confirmed a prima facie leak benefiting at least one candidate. MPSC will conduct a re-examination, allowing previous applicants to re-appear without an additional fee. NCP (SP) MLA Rohit Pawar called for the MPSC chairman to take responsibility and resign.
- Maharashtra PSC cancelled the recruitment process for Drug Inspector, Group-B posts due to a paper leak.
- A Mumbai Police inquiry confirmed the question paper for the March 22 screening test was leaked.
- MPSC will conduct a re-examination, with no additional fee for previous applicants.
An analysis of deletions in recent Special Integrated Revision (SIRs) of electoral rolls in Karnataka and Telangana suggests arbitrary application of reasons for voter list changes. The study found that a significant number of deletions were made without proper verification or valid reasons, particularly concerning duplicate entries and shifts. It highlights discrepancies in the application of rules across different constituencies and States, raising concerns about the integrity of the electoral process. The analysis calls for greater transparency and stricter adherence to guidelines to ensure fair and accurate voter lists.
- Analysis of SIRs in Karnataka and Telangana indicates arbitrary reasons for voter list deletions.
- A significant number of deletions were made without proper verification, especially for duplicates and shifts.
- Discrepancies in rule application across constituencies and States raise concerns about electoral integrity.
The Kerala High Court ruled that detention for fact-finding or investigation does not always constitute unlawful arrest, provided it's based on reasonable suspicion or credible information. The court clarified that the mandatory 24-hour production before a Magistrate begins only after formal arrest is recorded. It issued guidelines to ensure constitutional rights are protected during such detentions, including issuing notice before investigation detention, recording precise times of initial detention and formal arrest, and informing the arrestee's family of the grounds for arrest immediately upon detention.
- Kerala High Court clarified that detention for fact-finding or investigation is not always unlawful arrest if based on reasonable suspicion.
- The 24-hour rule for production before a Magistrate applies only after formal arrest is recorded.
- Guidelines were issued to protect constitutional rights during pre-arrest detentions.
The Assam Congress announced a statewide 'padayatra' on August 29 to protest the proposed reduction of the Eco-Sensitive Zone (ESZ) around Kaziranga National Park. The party views this move as a serious threat to wildlife, biodiversity, and the UNESCO World Heritage Site. The controversy stems from the Assam government's plan to propose reducing the buffer area from a default 10 km to between 1 km and 3 km. Opposition parties and environmental activists allege the reduction aims to facilitate mining and tourism activities in the forest area and Karbi Anglong hills.
- Assam Congress will hold a statewide 'padayatra' to protest the proposed reduction of Kaziranga National Park's ESZ.
- The party views the ESZ reduction as a threat to wildlife, biodiversity, and the World Heritage Site.
- The Assam government plans to reduce the ESZ buffer area from 10 km to between 1 km and 3 km.
Supreme Court judge Justice Sandeep Mehta wrote three letters to CJI Surya Kant, questioning why Rajasthan High Court Acting Chief Justice (ACJ) Sanjeev Prakash Sharma was not transferred despite "clear evidence" of "favouritism" and "corrupt practices." Justice Mehta described the scenario in Rajasthan HC as "grim and disturbing," alleging a lack of leadership and conduct unbecoming of a leader. The CJI acknowledged the concerns, stating the matter is being examined at the appropriate level and a decision will be made after considering all material, including ACJ Sharma's response.
- Supreme Court judge Justice Sandeep Mehta raised concerns about the conduct of Rajasthan High Court Acting Chief Justice (ACJ) Sanjeev Prakash Sharma.
- Allegations include "favouritism," "corrupt practices," and a total lack of leadership qualities by the ACJ.
- The CJI has acknowledged the letters and stated that the matter is under examination through established institutional mechanisms.
Kerala is set to launch the 'My Police Station' initiative on August 15, aiming to make the police force more accessible and accountable. This historic reformation will entrust Station House Officer (SHO) responsibilities to Sub-Inspectors (SIs) in 419 out of 484 law-and-order police stations, including 63 stations led by women SIs. The project seeks to promote democratic policing, eliminate custodial crimes, and empower young officers by giving them greater responsibility. Challenges include training SIs, resistance to change, and resource support, while the way forward involves continuous training, infrastructure, and community feedback.
- The 'My Police Station' initiative will launch on August 15 to enhance police-citizen ties and accountability.
- Responsibility of Station House Officers (SHOs) will be transferred to Sub-Inspectors (SIs) in most police stations.
- The project aims to eliminate custodial crimes and promote democratic policing for better citizen service.
The Rajya Sabha passed the Supreme Court (Number of Judges) Amendment Bill, increasing the number of Supreme Court judges from 34 to 38, including the Chief Justice of India. The Bill, which had already passed in the Lok Sabha, is a Money Bill. Opposition members questioned the "hurry" in bringing an Ordinance first and then converting it into an Act. Minister of State for Law and Justice Arjun Ram Meghwal stated that increasing the number of judges is a step towards improving judicial efficiency.
- The Rajya Sabha passed the Supreme Court (Number of Judges) Amendment Bill.
- The Bill increases the total number of Supreme Court judges from 34 to 38.
- Opposition members raised concerns about the use of an Ordinance before the Bill.
Almost 16.5% of Jharkhand's voters, totaling over 43.6 lakh names, have been removed from the draft electoral rolls published by the State Election Commission. The deletions occurred during the special intensive revision (SIR) of voter lists. Reasons for removal include over seven lakh dead, 14 lakh untraceable, and 15 lakh permanently shifted away from the State. Another 1.16 lakh voters refused to sign enumeration forms. Eligible electors can still be added back during the claims and objections phase (August 5 to September 4) by submitting Form-6.
- Over 43.6 lakh voters, representing 16.5% of the total, were deleted from Jharkhand's draft electoral rolls.
- Reasons for deletion include deceased, untraceable, and permanently shifted voters.
- Eligible electors have a chance to re-register during the claims and objections phase.
The Supreme Court, hearing a dispute between Shiv Sena factions, clarified that a group of MLAs or MPs cannot override the official directives of their parent political party merely because they hold a majority among elected members. Justice Joymalya Bagchi emphasized that the maturity of a a democracy is measured by the constancy of political parties and their members to their ideology. Senior advocate Kapil Sibal argued that such "mergers" orchestrated by factions for power undermine the electoral process and public mandate. The court aims to strike a balance between the electorate's decision to vote a party and individual representatives' liberty to express genuine disagreement.
- The Supreme Court ruled that a majority of lawmakers cannot defy their parent political party's directives.
- The court linked democratic maturity to the ideological constancy of political parties and their members.
- The case involves a dispute between Shiv Sena factions, highlighting concerns about manipulation and defection.
The Indian Statistical Institute (ISI) Bill, 2026, aims to update ISI's governance structure, bringing it in line with other Institutions of National Importance like IIMs and IITs. The government proposes replacing the current society-based governance with a compact Board of Governors and an Academic Council, arguing it will provide a more robust and contemporary framework. However, faculty members and MPs are protesting, contending that the new structure would wrest control from ISI's internal stakeholders and give direct or indirect control to the Union government, as eight out of eleven Board members would be government-controlled.
- The ISI Bill, 2026, seeks to modernize ISI's governance, aligning it with other national institutions.
- The proposed changes include replacing the General Body with a compact Board of Governors and an Academic Council.
- Critics argue the Bill centralizes control with the Union government, reducing autonomy for ISI's internal stakeholders.
Seven years after the abrogation of Article 370, an analysis of available data suggests that the Union government's promises of wide-ranging transformation in Jammu and Kashmir (J&K) have not been fully delivered. While the government claimed Article 370 hindered development, J&K was performing relatively well on many socio-economic indicators before 2019. Post-abrogation, J&K's economy contracted, higher education enrollment declined, and unemployment for women rose. Terrorism-related incidents and deaths have not dropped below 2012-2016 levels, and civil liberties have declined, with increased internet shutdowns and UAPA cases.
- The abrogation of Article 370 was intended to bring wide-ranging transformation to J&K, but data suggests limited success.
- J&K's economy contracted post-2019, and higher education enrollment and women's employment declined.
- Terrorism-related incidents and deaths have not decreased below pre-2019 levels.
Former High Court judge Justice K. Chandru advocated for the immediate implementation of the Women's Reservation Bill (Nari Shakti Vandan Adhiniyam) without waiting for delimitation. He argued that delaying the quota until after the 2026 census and subsequent delimitation would postpone women's representation for decades, potentially until 2049. Justice Chandru highlighted that the Bill's objective is to enhance women's participation, not to adjust constituency boundaries. He suggested that the quota could be implemented by increasing the total number of seats in the Lok Sabha or by reserving seats through a rotation system, similar to local body elections.
- Former High Court judge Justice K. Chandru advocates for immediate implementation of the Women's Reservation Bill.
- He argues that linking the quota to delimitation, post-2026 census, would delay women's representation for decades.
- The Bill's primary goal is to increase women's participation, not to redraw constituency boundaries.
Recent clashes during a "Chalo Sansad" march in Delhi, where police used tear gas and lathi charges, have reignited discussions on the right to protest and police power. The Constitution guarantees the right to assemble peacefully under Article 19(1)(b), subject to "reasonable restrictions" for public order. The Bharatiya Nyaya Sanhita (BNS) defines unlawful assembly and permits dispersal by force if non-compliant. Police action must adhere to principles of lawfulness, necessity, and proportionality, as per the National Human Rights Commission's Manual and UN Basic Principles. The incident also raised questions about police accountability, with personnel allegedly lacking visible name tags, and the Supreme Court has previously emphasized reasonable police action and the constitutional right to dissent.
- The right to protest peacefully is a constitutional right under Article 19(1)(b), subject to reasonable restrictions for public order.
- The Bharatiya Nyaya Sanhita (BNS) defines unlawful assembly and permits the use of force for dispersal if non-compliant.
- Police action must be lawful, necessary, and proportionate, adhering to human rights principles.
A discussion between Shailesh Gandhi and Anjali Bhardwaj highlights that corruption remains a significant threat to India, impacting basic rights and accountability. Digitalisation, while pushed as a solution, has not eliminated petty corruption and has created new barriers for the unlettered. The Right to Information (RTI) Act, once a powerful tool for transparency, has been weakened by Supreme Court judgments and the Digital Personal Data Protection (DPDP) Act, 2023, which allows denial of information related to corruption. Weak institutions like CBI, ED, and Lokpal further exacerbate the problem, making corruption a "all-profit, negligible-risk" activity.
- Corruption persists as a major threat in India, affecting citizens' basic rights and institutional accountability.
- Digitalisation has not eradicated corruption and has created new challenges for marginalized communities.
- The RTI Act, a crucial transparency tool, has been significantly weakened by judicial interpretations and the DPDP Act, 2023.
Chief Election Commissioner Gyanesh Kumar stated that India's electoral rolls, with nearly 95 crore voters, are dynamic "living documents" that continuously evolve. Speaking at the first-ever media conference organized by the Election Commission, he highlighted the statutory safeguards underpinning the preparation of these rolls. Kumar emphasized the active involvement of over 12 lakh booth-level officers (BLOs) and 15 lakh booth-level agents (BLAs) who act as "concurrent auditors" in the process. He cited the highest-ever poll participation in recent Assembly elections as proof of the public's trust in the country's electoral system.
- India's electoral rolls are dynamic "living documents" with nearly 95 crore voters.
- The Chief Election Commissioner highlighted the statutory safeguards for electoral roll preparation.
- Over 12 lakh Booth-Level Officers (BLOs) and 15 lakh Booth-Level Agents (BLAs) are actively involved as "concurrent auditors."
The Joint Parliamentary Committee reviewing the Constitution (One Hundred and Thirtieth Amendment) Bill has deferred the adoption of its draft report. The Bill proposes the automatic removal of a Prime Minister, Chief Minister, or Minister after 30 consecutive days in judicial custody for serious offenses. Despite voting on two recommendations, the panel decided more consultations were needed due to the Bill's far-reaching impact. Opposition members, including AIMIM MP Asaduddin Owaisi and NCP(SP) MP Supriya Sule, had submitted dissent notes, arguing that automatic removal based on a 30-day incarceration period is arbitrary, weaponizes the criminal justice system for political vendetta, and disregards the constitutional status of elected representatives.
- The Joint Parliamentary Committee deferred the adoption of its report on the Constitution (One Hundred and Thirtieth Amendment) Bill.
- The Bill proposes automatic removal of PMs, CMs, or Ministers after 30 days in judicial custody for serious offenses.
- The panel decided more consultations are necessary due to the Bill's significant implications.
Prime Minister Narendra Modi flagged off India's first hydrogen-powered train between Jind and Sonipat in Haryana. During the event, he criticized previous Congress governments for neglecting the railway sector before 2014, claiming they prioritized neither the middle class nor the poor. Modi highlighted the significant transformation in Indian Railways under his regime, with electrification reaching nearly 99% compared to only 30% in the 90 years prior to 2014. He also attacked the AAP government in Punjab for its alleged failures in governance, particularly regarding drug trafficking and developmental work, accusing them of using advertisements to conceal their shortcomings.
- Prime Minister Narendra Modi launched India's first hydrogen-powered train in Haryana.
- He criticized previous Congress governments for neglecting railway development before 2014.
- Indian Railways' electrification has reached nearly 99% under the current government, a significant increase from 30% in 2014.
The article argues against Parliament proceeding with the inquiry committee report on Justice Yashwant Varma after his resignation, likening it to the historical "Cadaver Synod." It emphasizes that a tribunal cannot justly judge someone no longer holding office. Justice Varma resigned with immediate effect on April 9, severing his constitutional link as a judge. Precedents from Justice P.D. Dinakaran and Justice Soumitra Sen's resignations show that impeachment proceedings end when a judge leaves office. The author contends that continuing the process would degrade Parliament and set a dangerous precedent, potentially allowing future Parliaments to posthumously arraign judges. Accountability for any criminal offense should be pursued through the criminal justice system, not parliamentary removal.
- Parliament should not proceed with the impeachment report against Justice Yashwant Varma after his resignation.
- The act of judging a former officeholder is likened to the historical "Cadaver Synod," which was deemed unjust and degrading.
- Justice Varma's resignation on April 9 immediately severed his constitutional link as a judge.
Meghalaya Chief Minister Conrad K. Sangma announced that his government would move a resolution in the 60-member Assembly to block uranium mining in the State. This decision comes amidst mounting pressure from local groups, including the Khasi Students' Union (KSU), which launched an anti-uranium mining movement after a Union Minister's comments suggested the Centre was examining the status of uranium mining. The CM clarified that the Centre had made "no decision" on mining and assured that his NPP-led government would not compromise the State's land, water, and future due to radioactive threats.
- Meghalaya CM Conrad K. Sangma committed to moving an Assembly resolution against uranium mining.
- Local groups, led by the Khasi Students' Union (KSU), initiated an anti-uranium mining movement.
- The movement was triggered by comments from a Union Minister about examining uranium mining status in Meghalaya.