Cauvery: SC reserves order on Centre's draft scheme
New Delhi, May 17: The Supreme Court on Thursday reserved its order on the Central government's draft Cauvery management scheme, saying it would pass the order after examining whether the scheme was in consonance with its earlier judgment.
A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud said it would issue the order on Friday at 2 p.m. If not on Friday, the order would be passed on May 22 or 23, it said.
Karnataka had raised objections to the draft scheme, saying it was not in "consonance" with the Supreme Court judgment.
The top court on Wednesday asked the central government to modify its draft scheme for setting up of a Cauvery Management Board (CMB) that will be the sole authority for implementing the Cauvery Water Tribunal Award.
It also sought dropping of the clause which said that in case of a dispute, the matter would be decided by the Centre and it would be final and binding.
The Centre was also asked to drop the clause that said that the Centre would give directions from time to time to the implementing authority -- a clause objected to by Tamil Nadu.
The 2007 Cauvery Water Tribunal Award was modified and reaffirmed by the top court by its February 16 verdict.
The court said the Central government would only be issuing administrative directions for implementing the award.
The CMB would be headquartered in Delhi while the office of the regulatory authority would be in Bengaluru.
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SC upholds inclusion of ‘secular, socialist’ in Preamble of Constitution
New Delhi: The Supreme Court on Monday upheld the inclusion of the words ‘socialist’ and ‘secular’ in the Preamble of the Constitution, confirming their retrospective application from November 26, 1949. The court ruled that the power to amend the Constitution under Article 368 extends to the Preamble, which is an integral part of the document.
A Bench led by Chief Justice of India Sanjiv Khanna stated, “The power under Article 368 cannot be curtailed. It will equally apply to the Preamble.” The 42nd Constitutional Amendment, which introduced these terms in 1976 during the Emergency, was challenged on grounds of its retrospective application and the lack of states’ ratification.
The petitioners, including BJP leader Subramanian Swamy, argued that the amendment forced a particular economic theory on the nation and violated the original intent of the Constitution. Advocate Ashwini Kumar Upadhyay contended that the Preamble reflects the will of the people at the time of adoption in 1949 and is therefore unalterable.
The court dismissed these objections, affirming that both socialism and secularism are part of the Constitution's Basic Structure. The Bench clarified that socialism refers to a welfare state ensuring equality of opportunity without negating private sector participation or individualism. It emphasised that secularism is embedded in the Constitution, particularly in the principles of equality and fraternity.
Chief Justice Khanna remarked, “Secularism has always been a core feature of the Constitution.” He added that the amendment did not impose socialism as dogma but aligned with the welfare goals enshrined in various constitutional provisions.
