Today in History (May 19^th,1649)

England became a Commonwealth – England was declared a Commonwealth by an act of the Rump Parliament on May 19, 1649.

Summary of Today’s News

Constitution-is-supreme-not-judiciary-or-executive

Chief Justice of India (CJI) B.R. Gavai emphasized that the Constitution is the supreme authority, not the judiciary or the executive.
He stressed the importance of the three pillars of democracy—judiciary, legislature, and executive—working together with mutual respect.

The CJI made these remarks at a felicitation event organized by the Bar Council of Maharashtra and Goa.
He expressed disappointment over the absence of Maharashtra’s Chief Secretary, Director-General of Police (DGP), and Mumbai Police Commissioner at the event.

CJI Gavai highlighted that respect and adherence to protocols between constitutional institutions are crucial.
He noted that if roles were reversed and judges ignored protocol, there would be significant discussions, referencing Article 142 of the Constitution.
Article 142 empowers the Supreme Court to pass orders for complete justice in any case within its jurisdiction.

The CJI stressed that the non-attendance of top officials during his first visit to Maharashtra as the Chief Justice symbolizes a lack of respect towards constitutional roles.
He called for reflection and reconsideration of how constitutional heads are treated by other state officials.

Following the event, CJI Gavai visited Babasaheb Ambedkar’s memorial, Chaitya Bhoomi.
After his remarks became known, Maharashtra Chief Secretary Sujata Saunik, DGP Rashmi Shukla, and Mumbai Police Commissioner Deven Bharti were present at the site.

Travel-vlogger-Jyoti-Rani Travel-vlogger-arrested-on-spying-charge

Travel vlogger Jyoti Rani was arrested by Haryana Police on charges of espionage.
Hisar Superintendent of Police (SP) Shashank Kumar Sawan stated she was being “groomed” as an asset by Pakistani intelligence officials.

Although Rani did not have direct access to sensitive military or defense information, Hisar’s strategic location made any shared information potentially significant for Pakistan.

Pakistani intelligence agencies are reportedly recruiting Indian social media influencers to counter India’s narrative and propagate their own.
Rani was part of this strategy and maintained contact with Pakistani officials during Indo-Pak conflicts.
Social Gatherings and Sponsored Visits:
Rani attended social gatherings organized by Pakistani intelligence officials.
She had sponsored trips to Pakistan where she met with high-profile individuals.
The police are investigating her connections with other YouTube influencers.

Rani traveled to Pakistan multiple times and once to China.
She also visited Pahalgam before the attack on tourists at Baisaran meadow; police are probing possible links.
Forensic Investigation:
Authorities are attempting to seize her mobile phone and laptop for forensic examination.
These devices are expected to reveal the extent of information shared with Pakistani officials.

President Droupadi Murmu made a reference to the Supreme Court under Article 143, seeking its opinion on certain legal questions.
Article 143 allows the President to seek the Supreme Court’s advisory opinion on questions of law or fact of public importance, based on the advice of the Union council of ministers.
The Supreme Court’s opinion is not legally binding but holds strong persuasive value and is usually respected by the executive and judiciary.

Historical Context and International Comparison:

The advisory jurisdiction under Article 143 is derived from the Government of India Act, 1935, which allowed the Governor-General to refer legal questions to the federal court.
Canada has a similar provision where the Supreme Court of Canada offers legal opinions when requested by federal or provincial governments.
The U.S. Supreme Court, however, does not provide advisory opinions due to the strict separation of powers in its Constitution.
Past References and Landmark Opinions:
Since 1950, there have been around 15 Presidential references.

Notable instances include:

Delhi Laws Act Case (1951): Defined ‘delegated legislation.’
Kerala Education Bill (1958): Established principles for harmonizing Fundamental Rights and Directive Principles of State Policy.
Berubari Case (1960): Ruled that ceding or acquiring territory requires a constitutional amendment.
Keshav Singh Case (1965): Interpreted the powers and privileges of the legislature.
Presidential Poll Case (1974): Confirmed that Presidential elections must proceed despite State assembly vacancies.
Special Courts Bill (1978): Allowed the court to decline answering vague or non-specific references.
Third Judges Case (1998): Laid down guidelines for the collegium system in judge appointments.
The Supreme Court has declined to provide its opinion only once, in the Ram Janmabhoomi case (1993).

Current Reference and Constitutional Conflict:

The present reference follows a Supreme Court judgment that set timelines for Governors and the President to act on State-passed Bills and subjected their decisions to judicial review.
It raises 14 legal questions focused on interpreting Articles 200 and 201 (related to assent to Bills by Governors and the President) and the scope of Article 142 (which allows the Supreme Court to pass any order for complete justice).
Key questions include the authority of the judiciary to set timelines and the justiciability of Governors’ and the President’s actions before a Bill becomes law.
The reference stems from political disagreements between the Union government and Opposition-ruled States over the scope of executive power and judicial oversight.

Expected Outcome and Federal Implications:

An authoritative opinion from the Supreme Court could clarify the extent of judicial oversight over executive timelines, strengthening democratic processes and federal relations in India.

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