GOVERNOR ERRED IN CALLING FLOOR TEST, BUT CAN'T RESTORE UDDHAV GOVT: SC

Eknath Shinde will continue as the chief minister of Maharashtra, with the Supreme Court holding on Thursday that it cannot restore the then Maha Vikas Aghadi (MVA) government led by Uddhav Thackeray as he resigned without facing a floor test in June last year.

The court also pulled up former Maharashtra governor Bhagat Singh Koshyari and said he did not have reasons based on objective material before him to arrive at the conclusion that then chief minister Thackeray had lost the confidence of the House.

In a unanimous verdict on a batch of pleas related to the political crisis that led to the fall of the three-party MVA government following a revolt by the Shinde faction in the Shiv Sena, a five-judge Constitution bench headed by Chief Justice D Y Chandrachud held that the then speaker's decision to appoint Bharat Gogawale of the Shinde faction as the whip of the Shiv Sena in the Maharashtra assembly was "contrary to law".

The bench said, "The governor was not justified in calling upon Mr Thackeray to prove his majority on the floor of the House because he did not have reasons based on objective material before him to reach the conclusion that Mr Thackeray had lost the confidence of the House. However, the status quo ante cannot be restored because Mr Thackeray did not face the floor test and tendered his resignation."

The bench added that the governor ought to apply his mind to the communication (or any other material) before him to assess whether a government has lost the confidence of the house.

"The political imbroglio in Maharashtra arose as a result of party differences within the Shiv Sena. However, the floor test cannot be used as a medium to resolve internal party disputes or intra-party disputes," the bench said. It added that "dissent and disagreement" within a political party must be resolved in accordance with the remedies prescribed under the party constitution or through any other method that the party chooses to opt for. "There is a marked difference between a party not supporting a government and individuals within a party expressing their discontent with their party leadership and functioning," the court observed.

On the disqualification proceedings of Shiv Sena MLAs, the bench said the court cannot ordinarily adjudicate petitions for disqualification under the Tenth Schedule in the first instance and the speaker must decide the petitions within a reasonable period.

In a blow to the Thackeray bloc earlier this year, the EC declared the Shinde faction as the real Shiv Sena and allotted the bow-and-arrow election symbol of the party founded by Balasaheb Thackeray to it.

SC RULES IN FAVOR OF DELHI GOVT, GIVES CONTROL OVER SERVICES

The Delhi government has legislative and executive powers over administration of services except for public order, police and land, the Supreme Court ruled on Thursday in a huge victory for the ruling Aam Aadmi Party dispensation in its festering feud with the Centre.

A five-judge constitution bench headed by Chief Justice DY Chandrachud put an end to the eight-year-old dispute between the Centre and the Delhi government triggered by a 2015 home ministry notification asserting its control over services, holding the National Capital Territory administration is unlike other Union Territories and has been “accorded a ‘sui generis' (unique) status by the Constitution.

Against the backdrop of frequent run-ins between the AAP government and the Centre's point man, the lieutenant governor, the apex court asserted an elected government needs to have control over bureaucrats, failing which the principle of collective responsibility will be adversely affected.

The top court said in the spirit of cooperative federalism, the Centre must exercise its powers within the boundaries created by the Constitution. “The NCTD, having a sui generis federal model, must be allowed to function in the domain charted for it by the Constitution. The Union and NCTD share a unique federal relationship. It does not mean that NCTD is subsumed in the unit of the Union merely because it is not a ‘State',” it said.

The court held the executive power of the Delhi government is “co-extensive with its legislative power” and it also covers all matters with respect to which it has the power to legislate.

CONGRESS CALLS IT A SLAP ON BJP'S FACE

The Congress today described the Supreme Court’s verdicts on the Maharashtra political row and Delhi Government’s powers as “seminal” and “path-breaking”, and said it was a slap on the BJP which had lost legally, morally, politically and ethically.

“We have today two historical, colossal judgments. The unholy, undemocratic and ugly nature of the BJP’s underbelly and back-belly has been exposed,” said senior Congress leader Abhishek Singhvi.

PM MODI RECALLS NUCLEAR-TESTS

Calling May 11, the day the then Atal Bihari Vajpayee government conducted nuclear tests at Pokhran in 1998, one of the most prestigious days in India’s history that “not only helped India prove its scientific capabilities but also boosted the country’s global stature”, Prime Minister Narendra Modi on Thursday said that he country considers technology “as a tool of the nation’s progress, not a means to assert its dominance”.

“I can never forget the day Atal-ji made the announcement of India’s successful nuclear testing…. In Atal-ji’s words, we have never stopped on our journey and never surrendered to any challenge that has come our way,’’ Modi said while inaugurating the National Technology Day event at Pragati Maidan in new Delhi.

Modi said measures taken since 2014 have resulted in big changes in the field of science and technology. “The Start-up India Campaign, Digital India, and National Education Policy have helped India gain new heights in the field,” he said.

INTERNATIONAL AFFAIRS

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PAK SC FINDS IMRAN'S ARREST ILLEGAL, ORDERS HIS IMMEDIATE RELEASE

In a major relief for embattled Imran Khan, Pakistan's Supreme Court on Thursday declared the former prime minister's dramatic arrest "unlawful" and "invalid" and ordered his immediate release after he was produced before a bench on its orders.

Imran’s arrest sparked widespread protests across Pakistan.

Imran is facing over 120 cases across the country, including for allegedly committing treason and blasphemy and inciting violence and terrorism.

Imran Khan, who was ousted from power in April last year, was brought to the court amid heavy security. "The manner of execution of the arrest warrant issued by the chairman, National Accountability Bureau dated 01.05.2023 in the Al-Qadir Trust case within the premises of the Islamabad high court (IHC) against the petitioner is invalid and unlawful,” the ruling said.

The court also directed Imran Khan to go to the IHC on Friday and seek further legal recourse. "You will have to accept whatever the high court decides," the top judge said.

When the chief justice asked him to condemn violence by protestors, Khan distanced himself from the protests by saying that he was in custody.

The court while freeing Khan refused to allow him to go home and directed that he would stay for night at the Guest House of police in protection of the state and go to the IHC on Friday. The court also allowed that up to 10 people could meet him.

Reacting sharply to the verdict, ruling Pakistan Muslim League-Nawaz (PML-N) senior vice president Maryam Nawaz said that the chief justice should resign from his position and, like his mother-in-law, join Khan's party. An audio tape of a conversation between the said ‘mother-in-law’ and Imran Khan’s lawyer’s wife had recently surfaced and had created a bit of controversy.

She further said that the top judge had become a shield for a miscreant (Khan) and was adding further fuel to the fire.

Police filed new terrorism charges on Thursday against Khan and top leaders from his party on charges of inciting mobs to violence. Following the violence, the government had cracked down on Khan’s supporters, arresting over 2,000 in raids around the country.

Paramilitary troops and police were out in numbers on the streets of big cities on Thursday. Mobile data services remained suspended and schools and offices were closed in two of Pakistan’s four provinces.

TRUMP DIGS IN ON ELECTION LIES, TALKS OF PARDONING CAPITOL RIOTERS

During a contentious CNN town hall on Wednesday, former president Donald Trump dug in on his lies about the 2020 election, downplayed the January 6, 2021, violence, and insulted the woman whom a civil jury this week found him liable of sexually abusing and defaming. He also refused to say whether he wants Ukraine to win the war against Russian aggression and said the US “might as well” default on its debt obligation.

The live, televised event underscored the challenges of fact-checking Trump in real time. The former president was cheered on as moderator Kaitlan Collins struggled to correct the record as Trump steamrolled with untrue statements. “You are a nasty person,” he snapped at one point.

The event also highlighted what is perhaps Trump’s most fundamental challenge as he emerged as the undisputed frontrunner for the Republican nomination.

Trump repeatedly doubled down on his lies that the 2020 election had been “rigged,” even though state and federal election officials, his own campaign and White House aides, and dozens of courtshave said there is no evidence to support his claims. He also displayed no remorse for what happened on January 6, when a mob of his supporters stormed the Capitol in a bid to halt the certification of Biden’s win. Instead, he lashed out at the Black police officer who shot and killed rioter Ashli Babbitt, calling him a “thug”. And he said he is inclined to pardon “a large portion” of the rioters charged.

THE REST

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ELECTION COMMISSION REJECTS CONG CLAIM ON EVMS IN KARNATAKA

The Election Commission yesterday rejected the claims made by the Congress that the panel used the electronic voting machines (EVMs) in the Karnataka Assembly polls, which were earlier deployed in South Africa and asked the party to bring to justice “rumour-mongers”, who targeted it with false information.

In a communication addressed to AICC in-charge of Karnataka Randeep Singh Surjewala, the panel said it had used new EVMs manufactured by Electronics Corporation of India Limited (ECIL) for voting in the southern state.

Citing records, the panel said the Congress had specific knowledge that only newly ECIL-produced EVMs would be used in Karnataka.

QUIT ON MORAL GROUNDS LIKE I DID: THACKERAY TELLS SHINDE, FADNAVIS

Shiv Sena (UBT) president Uddhav Thackeray on Thursday expressed satisfaction over the Supreme Court verdict and dared chief minister Eknath Shinde and deputy chief minister Devendra Fadnavis to resign on moral grounds and face elections. The former chief minister also demanded that former Governor Bhagat Singh Koshyari should face action for his illegal decisions.

“This was not the case to decide the future of Shiv Sena but the future of democracy in the country. The Supreme Court has exposed those who are greedy for power and their politics,” said Thackeray.

“When my own MLAs left me, I resigned immediately on the grounds of morality. After this verdict of the SC, now CM Eknath Shinde and DCM Devendra Fadnavis should resign immediately on the grounds of morality,” said Thackeray.

Thackeray also said that even if the SC has handed over the issue of disqualification to the Speaker of the assembly, the court has made it clear that Gogawale’s appointment was illegal. “So, Sunil Prabhu from our party is a whip and expects the speaker will soon give his decision.”

KEJRIWAL PROMISES ‘MASSIVE ADMINISTRATIVE OVERHAUL’

Hours after the Supreme Court ruled in favour of the elected government on the issue of control over administrative services, Delhi CM Arvind Kejriwal promised a “massive administrative overhaul”.

Addressing a press conference, Kejriwal said that the government, henceforth, would be “lean, thin, accountable and responsive”.

In a sign of things to come, the government effected the first transfer within an hour-and-a-half. IAS officer Ashish More, who was the Secretary of the Services Department, was replaced by 1995-batch IAS officer Anil Kumar Singh.

Addressing a press conference, he said: “Eight years ago, on May 20, 2015, Prime Minister Narendra Modi got an order passed by the Centre that matters related to services will be governed by the L-G through the Centre. This meant that officers working in the Delhi government, from top to bottom, their postings, transfers and ordering disciplinary action against them, would no longer come under the elected government. This meant that if I see any officer taking bribes, I cannot take any action against him, I can’t transfer him. I can’t appoint the education or health secretary, despite being the Chief Minister.”

He added that because of this notification passed by the Ministry of Home Affairs, both his “hands were tied behind his back and he was thrown into a river and asked to swim”.

NO POSSIBILITY OF THIRD FRONT, WILL MAINTAIN EQUAL DISTANCE: NAVEEN PATNAIK

BJD president and Odisha Chief Minister Naveen Patnaik, who met Prime Minister Narendra Modi in New Delhi on Thursday, barely 48 hours after his meeting with Bihar Chief Minister and JD(U) chief Nitish Kumar, said, “There is no possibility of a Third Front as far as I am concerned. Not now.”

The Odisha CM on Thursday reaffirmed his party’s policy to fight elections on its own, without nourishing any national ambition.

Patnaik, 76, who enjoys immense popularity among Odisha voters and continues to be at the helm since March 2000, is being approached by prominent Opposition leaders for an alliance to take on the Narendra Modi government. Currently, the party has 12 MPs in the Lok Sabha and eight in the Rajya Sabha.

Regarding his meeting with the PM, Naveen said he discussed issues related to Odisha’s demands. “I spoke to him about Shri Jagannath International Airport, which is being set up in Puri….The PM said he will definitely help in every way possible,” said Naveen.

CAN’T ASK PARLIAMENT TO MAKE A LAW: SC RESERVES VERDICT ON SAME-SEX MARRIAGE

The Supreme Court on Thursday reserved its verdict on petitions seeking legal recognition of same sex marriage, after a hearing lasting 10 days. The top court reiterated that it cannot ask Parliament to make a law or enter the realm of policy making.

A five-judge Constitution bench presided by Chief Justice of India D Y Chandrachud was responding to arguments that a mere declaration by the court that same sex couples have the right to marry would not serve the purpose.

“There’s a constitutional doctrine that we have remained constant to — we cannot direct legislation, we cannot direct framing of a policy, we cannot enter the realm of policy making,” Justice S R Bhat, who was a part of the bench, said.

While the petitioners have sought legal recognition by rewording The Special Marriage Act (SMA), 1954, the Centre has maintained that the matter is sensitive and is best left to the legislature.

99 JAIL OFFICIALS TRANSFERRED DAYS AFTER KILLING OF GANGSTER TILLU TAJPURIYA

More than 90 jail officials here were transferred on Thursday, days after gangster Tillu Tajpuriya was killed inside Tihar Jail allegedly by members of a rival gang, officials said.

Director General (Prisons) Sanjay Beniwal ordered the transfer of 99 officials, including assistant superintendents, deputy superintendents, head warders and warders, an officer said, adding more transfers could take place in the next few days, including from the jail headquarters.

According to a senior official, the Tajpuriya murder was viewed seriously by the authorities which prompted a streamlining of things and also necessitated the need for ground level changes.

The step has been taken with a view to send out a strong message that laxity in duties will not be tolerated, the officer added.

THE KERALA STORY BOX OFFICE COLLECTION CROSSES RS 68 CRORE

The Kerala Story’s overall box office collections so far stand at a whopping Rs 68.86 crore, leaving behind most big films of the last two years.

The Kerala Story is trending much like last year’s controversial film The Kashmir Files, with both films benefiting from the support of the ruling BJP government. The Kerala Story was even mentioned by Prime Minister Narendra Modi in a recent speech, giving the film much needed boost despite poor critics’ reviews.

The Kerala Story has been made tax free in states like Uttar Pradesh, Madhya Pradesh and Haryana, while it has been banned in West Bengal. The makers/distributors are finding it tough to have shows running in Tamilnadu and Kerala.

IPL MATCH 56: RAJASTHAN ROYALS THRASH KOLKATA KNIGHT RIDERS

Yashasvi Jaiswal continued his sensational run in the IPL by smashing the fastest fifty in tournament history as Rajasthan Royals cruised to a nine-wicket win over Kolkata Knight Riders to resurrect their play-off hopes in Kolkata on Thursday.

Records tumbled at the Eden Gardens as Yuzvendra Chahal became IPL's leading wicket-taker before completing a brilliant 4/25 to restrict KKR to a below-par 149/8.

On a day when KKR batters struggled to time the ball, 21-year-old Jaiswal showed the way by bringing up fastest fifty in the history of IPL in just 13 balls, bettering the previous record held by KL Rahul and Pat Cummins (14 balls each).

Jaiswal remained two runs shy of a century (98 from 47 balls), a knock studded with 12 fours and five sixes as RR cantered to victory 13.1 overs.

RR (placed 3rd currently) now have 6 wins from 12 matches

It is all but over for KKR who slipped to seventh place, with 5 wins from12 matches.

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Bitcoin - USD 27,031, Dollar Index 101.87, Brent Crude 75.42, BDI 1,640

Gold world Spot Price USD/aoz 2,016 India (Rs. per gm 24k/22k) 6,213 / 5,695, Silver (Rs. Per KG) 77,600

THOUGHT FOR THE DAY

To some will come a time when change itself is beauty, if not heaven. - Edwin Arlington Robinson

OFF TRACK

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