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1. A State Cannot By Executive Order Prescribe A Truncated National Song Contrary To The Union’s Protocol: Karnataka Governor Asks The State To Reconsider Its Two-Stanza Vande Mataram Order

A State Cannot By Executive Order Prescribe A Truncated National Song Contrary To The Union’s Protocol: Karnataka Governor Asks The State To Reconsider Its Two-Stanza Vande Mataram Order The Governor’

A State Cannot By Executive Order Prescribe A Truncated National Song Contrary To The Union’s Protocol: Karnataka Governor Asks The State To Reconsider Its Two-Stanza Vande Mataram Order

A State Cannot By Executive Order Prescribe A Truncated National Song Contrary To The Union’s Protocol: Karnataka Governor Asks The State To Reconsider Its Two-Stanza Vande Mataram Order The Governor’s letter frames the two-stanza order as a constitutional question, not merely a matter of protocol. Vande Mataram as a national symbol, he argues, lies outside the State’s legislative competence, and the Union has prescribed an official version and protocol for its rendition; a State cannot, by executive instruction, prescribe a different or truncated version at odds with that protocol. Invoking Articles 162, 256 and 257 and the 2026 amendment extending statutory protection to the National Song, the Governor has advised the Chief Minister to reconsider the order and follow the Centre’s circular. He has advised, not directed; whether the State reconsiders is now for it to decide. Bengaluru: Karnataka Governor Thaawarchand Gehlot has asked Chief Minister D.K. Shivakumar to reconsider the State Government’s decision restricting the recital of the National Song, Vande Mataram, to its first two stanzas at State Government functions, except those attended by the President, Vice-President, Prime Minister or Governor, contending that the decision is contrary to the Union Government’s guidelines and in violation of the Prevention of Insults to National Honour (Amendment) Act, 2026. In a letter dated September 21, the Governor advised that the order of September 8, 2026 be reconsidered in the light of the constitutional position, the Central Government’s orders governing the National Song, and the statutory developments of 2026. The constitutional grounds The Governor asked the Chief Minister to examine whether the restriction to two stanzas could be sustained consistently with the 2026 amendment to the national-honour law, the Ministry of Home Affairs’ orders concerning the official version and rendition of the National Song, Articles 162, 256 and 257(1) of the…

2. Individual Instances Of Abuse Are No Ground To Revisit A Law A Three-Judge Bench Has Upheld: Supreme Court Dismisses A Challenge To The 2018 SC/ST Act Amendment

Individual Instances Of Abuse Are No Ground To Revisit A Law A Three-Judge Bench Has Upheld: Supreme Court Dismisses A Challenge To The 2018 SC/ST Act Amendment The petitioner asked the Supreme Court

Individual Instances Of Abuse Are No Ground To Revisit A Law A Three-Judge Bench Has Upheld: Supreme Court Dismisses A Challenge To The 2018 SC/ST Act Amendment

Individual Instances Of Abuse Are No Ground To Revisit A Law A Three-Judge Bench Has Upheld: Supreme Court Dismisses A Challenge To The 2018 SC/ST Act Amendment The petitioner asked the Supreme Court to strike down the 2018 amendment that restored the stringent provisions of the SC/ST Act, arguing that the bar on anticipatory bail is ‘reverse discrimination’, that the law is prone to misuse, and that a person had spent years in jail on a false case. The amendment, it noted, has already been upheld by a three-judge Bench in 2020, with safeguards built in; individual instances of abuse, however troubling, are not a reason to reopen a law that stands validated. Misuse in a given case, the Court said, is met by the power to quash an FIR or grant bail where no prima facie case exists, not by declaring the statute unconstitutional. New Delhi: The Supreme Court has dismissed a public interest litigation challenging the 2018 amendment to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, which restored the bar on anticipatory bail and dispensed with a preliminary enquiry before the registration of an FIR and with prior approval for the arrest of an accused, holding that the amendment has already been upheld by the Court and does not warrant reconsideration [Brijbhushan Saini and Others v. A Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana declined to entertain the challenge, noting that the amendment had been upheld in Prithvi Raj Chauhan v. Union of India (2020) and that sufficient safeguards had been laid down in that judgment. The statutory background The provisions at issue have a well-known history.

3. Can A State Levy A Surcharge Or Additional Tax Calculated On A Sales Tax? A Seven-Judge Constitution Bench Of The Supreme Court Begins Hearing The 1999 Reference

Can A State Levy A Surcharge Or Additional Tax Calculated On A Sales Tax? A Seven-Judge Constitution Bench Of The Supreme Court Begins Hearing The 1999 Reference The question is deceptively narrow but

Can A State Levy A Surcharge Or Additional Tax Calculated On A Sales Tax? A Seven-Judge Constitution Bench Of The Supreme Court Begins Hearing The 1999 Reference

Can A State Levy A Surcharge Or Additional Tax Calculated On A Sales Tax? A Seven-Judge Constitution Bench Of The Supreme Court Begins Hearing The 1999 Reference The question is deceptively narrow but constitutionally deep: when a State has validly taxed a sale, can it levy a further charge, a surcharge, an additional tax, a cess, computed on that tax? Or does a levy pegged to a dealer’s turnover cease to be a tax on the sale of goods, which the State may impose, and become, in substance, a tax on income, which only the Union may impose? Three decades of conflicting precedent, a five-judge Bench one way, a seven-judge Bench another, brought the reference to a seven-judge Bench, which has now begun to hear it, even as the Centre suggests that the arrival of GST in 2017 has left the questions largely academic. New Delhi: A seven-judge Constitution Bench of the Supreme Court has commenced hearing a long-pending reference on the legislative competence of State legislatures to impose a surcharge, additional tax, levy or cess calculated on the basis of a validly levied sales or purchase tax [Arjun Flour Mills v. The Bench comprises Chief Justice of India Surya Kant, Justice K.V. The question referred The reference arises from a challenge to Section 5A of the Odisha Sales Tax Act, 1947, inserted in 1997, which prescribed an additional tax of 10% for dealers with an annual turnover between Rs 10 lakh and Rs 1 crore, and 15% where the turnover exceeded Rs 1 crore. The core question, as framed, is whether the imposition of a surcharge, additional tax, levy or cess on sale or purchase, calculated on the basis of a validly levied sales or purchase tax, is beyond the competence of the State legislature, that is, whether such a levy, computed with reference to a dealer’s annual turnover, falls outside…

4. An MDS Course Must Be Completed Within Six Years Of Admission, And A Student Who Cannot Do So Has No Right To Continue: Andhra Pradesh High Court

An MDS Course Must Be Completed Within Six Years Of Admission, And A Student Who Cannot Do So Has No Right To Continue: Andhra Pradesh High Court The rule is a hard outer limit: a three-year MDS cours

An MDS Course Must Be Completed Within Six Years Of Admission, And A Student Who Cannot Do So Has No Right To Continue: Andhra Pradesh High Court

An MDS Course Must Be Completed Within Six Years Of Admission, And A Student Who Cannot Do So Has No Right To Continue: Andhra Pradesh High Court The rule is a hard outer limit: a three-year MDS course must be finished within six years of admission, no matter what. The student here, admitted in 2018, cleared his first-year paper only on the sixth attempt in 2021, missed later exams, and saw his attendance fall to single digits; by the time he asked to continue, the six-year window had all but closed. The Andhra Pradesh High Court held that even taking his case at its highest, he could not possibly complete the course within six years, and that his attendance record was deficient besides. There was, the Court held, no ground to interfere, and the petition was dismissed. Amaravati: The Andhra Pradesh High Court has dismissed a writ petition by a Master of Dental Surgery (MDS) student challenging his university’s decision to treat him as ineligible to continue the course, holding that under the Dental Council of India’s MDS Course Regulations, 2017, the course must be completed within a maximum of six years from the date of admission, a period the petitioner could not meet [Dr. A Division Bench of Chief Justice Lisa Gill and Justice Challa Gunaranjan dismissed the petition. What the case was about The petitioner joined the three-year MDS course in May 2018. He could not clear his first-year Basic Sciences paper, which he passed only in 2021, after several attempts, and, because of that backlog, could not appear for the third-year examinations.

5. Orissa High Court Declines To Transfer An Acid-Attack Trial But Orders An In-Camera Proceeding And Its Expeditious Conclusion Under The Supreme Court’s Timelines

Orissa High Court Declines To Transfer An Acid-Attack Trial But Orders An In-Camera Proceeding And Its Expeditious Conclusion Under The Supreme Court’s Timelines The accused wanted the trial moved to

Orissa High Court Declines To Transfer An Acid-Attack Trial But Orders An In-Camera Proceeding And Its Expeditious Conclusion Under The Supreme Court’s Timelines

Orissa High Court Declines To Transfer An Acid-Attack Trial But Orders An In-Camera Proceeding And Its Expeditious Conclusion Under The Supreme Court’s Timelines The accused wanted the trial moved to another district, alleging that lawyers of the local Bar were obstructing the proceedings and intimidating them. The court found no basis for that: the Registrar’s report said the trial was going on smoothly, a member of the same Bar was in fact representing one of the accused, and no complaint of obstruction had ever been made. But the court took seriously a narrower worry, that the presence of many Bar members, the victim being an advocate, made the courtroom atmosphere tense, and met it not by shifting the case but by ordering an in-camera trial, to be concluded quickly under the Supreme Court’s timelines for acid-attack cases. Cuttack: The Orissa High Court has declined to transfer the trial of an acid-attack case from the Court of the Sessions Judge, Gajapati at Parlakhemundi to Berhampur, but has directed that the trial be conducted in camera and concluded expeditiously, in accordance with the Supreme Court’s time-bound directions for acid-attack cases [Dakoju Venkat Rao and Another v. Justice Sanjay Kumar Mishra disposed of the transfer petition with those directions. The transfer plea, and why it failed The petitioners, the accused in the sessions case, sought the transfer on the grounds of alleged obstruction in the trial, intimidation and non-cooperation by the advocates of the Parlakhemundi Bar Association. The informant, who was the then Secretary of that Bar Association, opposed the plea, and the State placed on record a written instruction from the Registrar, Civil Courts, Gajapati. That report, the Court noted, undercut the grounds urged.

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