Tag: Supreme Court

SC issues notice to EC on plea seeking repolling on seats where NOTA gets majority

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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The Supreme Court on Friday, April 26, issued a notice to the Election Commission on a plea seeking direction to frame rules on re-election on seats where NOTA (none of the above) gets a majority. The plea said if NOTA gets a majority, the election held in the particular constituency shall be declared null and void and a fresh election shall be conducted to the constituency.

The plea also sought to frame rules stating that the candidates who garner fewer votes than NOTA shall stand debarred from contesting all elections for a period of five years. The plea also sought an order from the court to the EC to ensure proper and efficient reporting or publicity of NOTA as a “Fictional Candidate”.

A bench headed by chief justice of India (CJI) Dhananjaya Y Chandrachud said, “This is about the electoral process also. Let us see what the Election Commission has to say.”

NOTA was introduced into the election process in the 2013. A voter can choose NOTA if he does not wish to vote for any of the candidates fighting in the constituency.

Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout

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Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow

Services row: Supreme Court to consider Delhi’s plea over lieutenant governor’s pre-eminence

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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The Supreme Court on Friday told the Delhi government that it would consider listing its plea challenging the central government’s law establishing the pre-eminence of the lieutenant governor over the elected dispensation in controlling services in the national capital.

A bench comprising Chief Justice D Y Chandrachud and justices JB Pardiwala and Manoj Misra was urged by senior advocate Abhishek Singhvi, appearing for the AAP government, that the whole administration has come to a standstill and the matter needed to be heard.

The CJI said presently a nine-judge bench matter is going on and he will consider the submission.

Presently, the nine-judge bench headed by the CJI is hearing petitions raising a vexed legal question of whether private properties can be considered “material resources of the community” under Article 39(b) of the Constitution, which is a part of the Directive Principles of State Policy.

The top court had earlier referred to a five-judge Constitution bench the Delhi government’s plea challenging the Centre’s May 19, last year ordinance which took away the control over services from the city dispensation and set off a fresh tussle between the two power centres.

Later, a central law replaced the ordinance on the issue.

Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout

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Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow

Supreme Court says no to VVPAT verification of EVM votes

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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The Supreme Court on Friday, April 26, rejected pleas seeking complete cross-verification of votes cast using electronic voting machines (EVMs) with Voter Verifiable Paper Audit Trail (VVPATs).

A bench of Justices Sanjiv Khanna and Dipankar Datta delivered two concurring verdicts in the matter. Pronouncing the judgement, Justice Khanna said the court has rejected all the petitions, including those seeking resorting back to ballot papers in elections.

The bench said that the district election officer shall certify authencity of microcontrollers. It added that candidates seeking to re-tally votes to bear expenses for additional verification of votes and requests has to be made within seven days. The court asked expenses to be refunded in case EVM is found faulty or tampered with.

The court said that the Election Commission may explore the possibility of deploying machines to count VVPATs.

It said that the containers carrying the symbol loading unit to be sealed in the presence of polling agents and candidates and to remain secured for 45 days. The control units, ballot unit, VVPATs may be verified by engineers of the manufacturing companies if a candidate makes a request within seven days of declaration of results, it added.

The court said blindly distrusting a system may lead to unwarranted suspicions.

On Arpril 24, the top court said it cannot “control the elections” or issue directions simply because doubts have been raised about the efficacy of EVM. The court had said it cannot change the thought process of those doubting the advantages of polling machines and advocating going back to ballot papers.

Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout

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Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow

Supreme Court to adopt WhatsApp for sharing cause lists, info about filing and listing of cases: CJI

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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Chief Justice of India DY Chandrachud has reportedly announced that the Supreme Court will start sharing information relating to cause lists, and filing and listing of cases with advocates through WhatsApp.

The CJI made the announcement before a nine-judge bench led by him began hearing on a vexed legal question raised by the petitions: whether private properties can be considered “material resources of the community” under Article 39(b) of the Constitution, which is part of the Directive Principles of State Policy (DPSP).

“In the 75th year, the Supreme Court launches an initiative to strengthen access to justice by integration of WhatsApp messages with the IT services of the Supreme Court,” the CJI said.

Now, the advocates will receive automated messages about filing the cases, he said, adding that the members of the bar will also get the cause lists, as and when they are published, on mobile phones.

The CJI also shared the top court’s official WhatsApp number and said it will not be receiving any messages and calls. “This will bring a significant change in our working habits and will go a long way in saving papers,” Justice Chandrachud said.

The top court under the leadership of CJI Chandrachud has been taking steps to digitise the functioning of the judiciary. He said the Centre has sanctioned ₹7,000 crore for the e-court project.

The solicitor general shared the views of the central government and said it was committed to the digitisation of the judiciary to enhance access for common litigants and lawyers.

(With inputs from PTI)

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Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout

3 Mins Read

Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow

Supreme Court issues notices on constitutional validity of anti-profiteering norms under GST

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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In yet another move by industry challenging the anti-profiteering norms under the ambit of Goods and Services Tax, the Supreme Court issued notices to the Union Finance Ministry, the Central Board of Indirect Taxes and Customs (CBIC), the Goods and Services (GST) Council and the National Anti-Profiteering Authority (Now subsumed under the Competition Commission of India) to reply on the claims of the constitutional validity of the anti-profiteering norms.

The apex court issued notices taking cognizance of petitions filed by real estate firms namely Swati Realty and Manas Developers, which have moved the top court challenging a Delhi High Court verdict, upholding the constitutional validity of anti-profiteering provisions.

According to a Special Leave Petition (SLP) by Swati Realty and Manas Developers, the High Court failed to appreciate the impugned provisions under the GST system, which the firm claims are unconstitutional.

Delhi High Court had earlier decided on the constitutional validity of the anti-profiteering provisions and had held such provisions to be constitutionally valid. The moot point before the Delhi High Court was with respect to the absence of any methodology and in such a situation, it was difficult for the businesses to determine the quantum of profiteering as the National Anti-Profiteering Authority had used different methods and mechanisms to compute Profiteering for different sectors.

Interestingly, while the Delhi High Court in January had upheld the constitutional validity of the anti-profiteering provisions, the order of the Delhi High Court was in favour of the real estate sector as the order very categorically mentioned that the methodology used by the National Anti-Profiteering Authority with respect to the input tax credit ratios for the erstwhile period and the GST period, appears to be not appropriate, keeping in mind the business of the real estate sector.

Also Read: A small traders union sues Indian govt for loss of business due to payment deadlines

However, as far as the validity of the anti-profiteering provisions was concerned, the Delhi High Court held that in favour of the revenue. The question thereafter arises whether the quantum of profiteering would be now addressed by the Delhi High Court or by the lower authorities. In this regard, the option was given to the companies to either opt to be heard before the High Court or get the quantum decided by the lower authorities.

The matter is listed tomorrow for direction before the Delhi High Court in this regard.

In the meanwhile, FMCG and real estate players have knocked on the doors of the Supreme Court so that they are heard on the constitutional validity of the provisions. Supreme Court has issued notices to the central government and related parties such as CBIC, GST Council, and NAA (now under CCI) for several FMCG and real estate companies on the determination of the constitutional validity of these anti-profiteering provisions.

“We have been arguing before Delhi High Court and Supreme Court that the anti-profiteering provisions will have to test the constitutional validity in the absence of a specific methodology to determine the quantum of commensurate reduction in prices. Accordingly, it is imperative that the constitutional validity aspect is decided by the Supreme Court, especially for real estate players, where the findings of the Delhi High Court are tilted favourably towards the sector. This is predominantly on the methodology applied by the authorities to determine the quantum of Profiteering for the sector,” said Abhishek A Rastogi, founder of Rastogi Chambers, arguing for the petitioners in real estate and FMCG sectors.

Earlier in February, the apex court had issued a notice to the union government over the same matter in a separate petition. National Anti-Profiteering Authority has been facing several such litigations at various levels of the judiciary. The National Anti-Profiteering Authority was set up in November 2017 to ensure that companies pass on the benefits of Input Tax Credit (ITC) and GST reduction to consumers by way of reduction in prices.

Later on, NAA was subsumed under the Competition Commission of India, which has been looking into complaints of profiteering against companies since December 2022. In January, more than 100 companies, including Hindustan Unilever, Patanjali, Jubilant Foodworks, and Phillips, had filed petitions against the anti-profiteering provisions in the High Court.

Also Read: Supreme Court frowns on growing disputes between Centre and states

The High Court had held that the provisions pertaining to a commensurate reduction in prices when GST rates are reduced or due to ITC. Hence, these provisions are in the public interest. They are in line with legislative powers given under the Constitution, it had ruled.

Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout

3 Mins Read

Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow

Ramdev, Balkrishna issue second ‘bigger’ apology in misleading ads case

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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Yoga guru Ramdev and Patanjali Ayurved managing director Acharya Balkrishna published a new public apology in the newspapers on Wednesday, April 24, for not complying with the Supreme Court’s directives. The new advertisement is bigger after the court’s inquiry into the size of their first apology vis-a-vis advertisements for their products.

The apology stated, “In wake of on going matter before the Hon’ble Supreme Court of India, we in our individual capacity as well as on behalf of the Company, unconditionally apologise for the non-compliance or disobedience of directions/orders of the Hon’ble Supreme Court of India. We unconditionally extend the apology for holding meeting/press conference dated 22.11.2023. We earnestly apologise for the mistake made in publishing our advertisements and it is our whole- hearted commitment that such errors will not be repeated. We undertake to abide by directions and instructions of the Hon’ble Court with due care and utmost sincerity. We undertake to uphold the majesty of the court and comply with applicable laws and directions of the Hon’ble Court of law/relevant authorities.”

On April 23, Ramdev and Balkrishna faced questions about how prominently they have published their unqualified apology in newspapers. “Is it the same size of advertisements that you normally issue in newspapers?” the court asked them while hearing the case related to misleading advertisements by Patanjali Ayurved Ltd.

The coourt has put matter related to the apology published by Ramdev and Balkrishna for hearing on April 30.

The apex court was hearing a plea filed in 2022 by the Indian Medical Association alleging a smear campaign against the Covid vaccination drive and modern systems of medicine. Ramdev and Balkrishna had earlier tendered an “unconditional and unqualified apology” before the top court over advertisements issued by the firm making tall claims about the medicinal efficacy of its products.

With inputs from PTI

Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout

3 Mins Read

Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow

SC says it cannot conduct elections, have to trust EC’s technical submissions

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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The Supreme Court on Wednesday, April 24, said it cannot conduct elections and it has to trust the technical submissions of the Election Commission. The court reserved the judgment on the plea seeking 100% electronic voting machine (EVM) and Voter Verifiable Paper Audit Trail (VVPAT) verification.

A bench of Justices Sanjiv Khanna and Dipankar Datta said, “Courts have already intervened twice, if there is room for improvement, we will consider it.”

The EC told the apex court that they VVPAT verification of 5% of EVMs and challenged if candidates can show any case of mismatch. On the queries raised by the court in the morning the EC replied saying that all microcontrollers are burnt into the machines at the time of manufacture, and it cannot be re-programmed.

On the question of Symbol Loading Units, the EC said, “We have two manufacturers – ECIL and BEL. We can make more SLUs and it should take a month for ramping up production.”

The EC said after counting, the machines are stored for 45 days. On the 46th day Chief Electoral Officer writes to high courts to check for any complaints. If an election petition is filed then the machine is sealed and blocked.

After polling, VVPATs are also stored for 45 days.

The petitioner disputed the EC claims that processor chip is one time programmable is in doubt. The petitioner said that the manufacturer admitted in an RTI reply that the microcontroller is made by NXP and it says there are 3 kinds of memories, including a flash memory. Flash memories can be programmed several times.

The EC claim that the microcontroller is not re-programmable is incorrect, the petitioner claimed.

The court on Wednesday raised fresh queries with the EC on EVMs and VVPATs. The court has sought clarity on whether VVPAT machines also have a programmable memory. The court has sought clarity on storage, sealing of EVM machines, questions if VVPAT machines are also secured. It also sought clarity on duration for storage of EVMs, VVPAT machines.

Here are questions raised by the Supreme Court:

Q1. If the microcontroller is installed in the Control Unit or the VVPAT. We were under the impression that microcontroller with the memory is installed in the control unit. One of the FAQs indicates that microcontroller with memory is also in the VVPAT machine.
Q2. Is Microcontroller programmable only one time?
Q3. How mnay symbol loading units are available?
Q4. What is the period of storage of EVMs. The EC had indicated 30 days, the RP Act suggests 45 days. The storage period may need to be increased?
Q5. Securing of EVMs – we take it that both the Control Unit, VVPAT are sealed.

The Supreme Court was hearing a batch of pleas seeking complete cross-verification of votes cast using EVMs with VVPAT. The VVPAT is an independent vote verification system that enables electors to see whether their votes have been cast correctly. NGO ‘Association for Democratic Reforms’ (ADR), one of the petitioners, sought the reversal of the poll panel’s 2017 decision to replace the transparent glass on VVPAT machines with an opaque glass through which a voter can see the slip only when the light is on for seven seconds.

During the hearing, which spanned for nearly two days, the bench had interacted for nearly an hour with senior Deputy Election Commissioner Nitesh Kumar Vyas to understand the functioning of EVMs and told advocate Prashant Bhushan, appearing for the NGO that voter satisfaction and trust are at the core of the electoral process. Senior advocate Maninder Singh, appearing for the Election Commission, had submitted that EVMs are standalone machines and cannot be tampered with but the possibility of human error cannot be ruled out.

On April 16, the top court had deprecated criticism of EVMs and calls for reverting to ballot papers, saying the electoral process in India is a “humongous task” and attempts should not be made to “bring down the system”.

The seven-phase Lok Sabha polls began on April 19 and the second phase is slated to be held on April 26. The ADR has sought to match the count in EVMs with votes that have been verifiably “recorded as cast” and to ensure the voter can verify through VVPAT slip that his vote, as recorded on the paper slip, has been “counted as recorded”.

With inputs from PTI

Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout

3 Mins Read

Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow

Karnataka government and Centre nearing resolution on ₹18,000 crore drought relief funds dispute

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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In the ongoing legal tussle between the Karnataka government and the Centre over the release of ₹18,000 crore in drought relief funds, hope for resolution emerges as the Attorney General assures progress in the matter. The Attorney General, representing the Centre, informed the Supreme Court that efforts are being made to resolve the issue, and he has sought the nod from the Election Commission for the transfer of funds during the Model Code of Conduct (MCC).

The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India to ensure fair play during elections. The Attorney General’s submission suggests that despite the election period, steps are being taken to address the pressing issue of drought relief funds.

The Supreme Court, reiterating the importance of the federal structure, emphasised the need for amicable settlements between the Centre and the States. The Court granted time until next Monday, April 29, for both parties to reach a resolution.

The Karnataka government’s plea for the release of ₹18,000 crore by the Centre for Drought Relief has been under the scrutiny of the Supreme Court. This comes after the Court expressed concern over the increasing number of disputes between States and the Centre, stating that such contests should be avoided.

Previously, the Supreme Court refrained from issuing a notice and instead urged the Attorney General and Solicitor General to facilitate a peaceful resolution. The Court’s stance reflects a broader concern over the growing frequency of disputes between the Centre and various State governments.

Tamil Nadu has also approached the Supreme Court seeking ₹37,900 crore of National Disaster Response Fund (NDRF) funds from the Centre, while Kerala is challenging the Centre’s cap on borrowings and has sought permission to borrow ₹26,200 crore.

Meanwhile, in a separate legal development, a fresh Public Interest Litigation (PIL) has been filed in the Delhi High Court, seeking “extraordinary” interim bail for Delhi Chief Minister Arvind Kejriwal. The PIL, filed on behalf of “We the People of India,” highlights the perceived standstill in the Delhi administration due to Kejriwal’s incarceration.

However, the Delhi High Court has rejected the PIL, emphasising the supremacy of law and the importance of maintaining public faith in the constitution.

Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout

3 Mins Read

Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow

Supreme Court reserves verdict on pleas seeking cross-verification of votes cast using EVMs with VVPAT

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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The Supreme Court on Thursday, April 18, reserved its verdict on a batch of pleas seeking complete cross-verification of Electronic Voting Machine (EVM) data with Voter-Verifiable Paper Audit Trail (VVPAT).

The bench of Justices Sanjiv Khanna and Dipankar Datta reserved its verdict after hearing the response of Election Commission on the pleas. The petitioners have also sought reversal of the poll panel’s 2017 decision to replace the transparent glass on VVPAT machines with an opaque glass through which a voter can see the slip only when the light is on for seven seconds.

During the proceedings, various suggestions were put forth by advocates, such as Advocate Prashant Bhushan proposing to keep the VVPAT screen lit throughout the voting duration, Advocate Nizam Pasha suggesting physical retrieval of VVPAT slips by voters, and Senior Advocate Sanjay Hegde advocating for a separate audit of all VVPATs to enhance credibility.

Senior advocate Maninder Singh, appearing for the Election Commission, explained the process of how an EVM functions.

The bench also addressed concerns raised regarding the integrity of EVMs, with the ECI official asserting that there has never been a discrepancy between VVPAT slips and EVM votes. The Court reminded petitioners not to be overly suspicious and to acknowledge positive aspects of the electoral process.

Advocate Prashant Bhushan and senior advocate Gopal Sankararanarayanan appeared for the petitioners. Other lawyers represented the intervenors.

On April 16, the top court had deprecated criticism of Electronic Voting Machines (EVMs) and calls for reverting to ballot papers, saying the electoral process in India is a “humongous task” and attempts should not be made to ”bring down the system”.

Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout

3 Mins Read

Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow

SC asks EC to probe allegations of extra votes recorded for BJP in mock polls

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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The Supreme Court on Thursday, April 18, asked the Election Commission of India to look into an allegation that during a mock poll of EVMs in Kerala, extra votes were recorded for the Bharatiya Janata Party. The allegations came a day before the first phase of voting for the Lok Sabha elections.

The court observed that this is an electoral process and there has to be sanctity to it and let nobody have apprehension that something that is expected is not being done.

Senior advocate Prashant Bhushan red-flagged that as per Malayalam Manorama, mock polls were done for 20 EVMs in Kerala. And of the 20, 4 EVMs recorded additional votes for the BJP.

The bench has asked the EC counsel to “look at it”.

The Election Commission of India has informed the Court that allegations of EVM showing one extra vote during a mock poll in Kerala’s Kasaragod were false. The top court was hearing a batch of pleas seeking complete cross-verification of votes cast using EVMs with Voter Verifiable Paper Audit Trail (VVPAT), an independent vote verification system enabling an elector to see whether his vote was cast correctly.

“These news reports are false. We have verified the allegation from the district collector and it appears that they are false. We will submit a detailed report to the court,” senior deputy election commissioner Nitesh Kumar Vyas told a bench of Justices Sanjiv Khanna and Dipankar Datta.

Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout

3 Mins Read

Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow