SC commences hearing on question if courts can modify arbitral awards
New Delhi (PTI): A five-judge Supreme Court bench on Thursday commenced hearing on a key legal issue of whether courts can modify arbitral awards under the provisions of a 1996 law on arbitration and conciliation.
A Constitution bench comprising Chief Justice Sanjiv Khanna and justices B R Gavai, Sanjay Kumar, KV Viswanathan and Augustine George Masih is presently hearing Solicitor General Tushar Mehta on behalf of the Centre.
Arbitration is an alternate mode of dispute resolution under the Arbitration and Conciliation Act, 1996 and it minimises the role of courts to interfere with the awards by the tribunals.
Section 34 of the Act provides for the setting aside of an arbitral award on limited grounds such as procedural irregularities, violation of public policy, or lack of jurisdiction.
Section 37 governs appeals against orders related to arbitration, including those refusing to set aside an award.
Like Section 34, it also aims to minimise judicial interference while addressing exceptional cases requiring oversight.
A three-judge bench headed by the CJI, on January 23, had referred the contentious issue to a larger bench.
“This court will first hear arguments of the counsel seeking reconsideration of the ratio expressed in the Project Director, NHAI vs M Hakeem, that is, the court has the power to modify an award under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996.
“Thereafter, this court will hear the counsel who supports the view that the court does not have the power to modify an award under Sections 34 and 37 … While examining the aforesaid question, the court will also examine the contours and scope of the power of the court … and if the power of modification exists, to what extent the same can be exercised,” the bench ordered.
The bench emphasised the need for clarity on the contentious issue. The matter arose from a case titled as Gayatri Balasamy v. ISG Novasoft Technologies Ltd.
The courts have traditionally interpreted this section narrowly, avoiding a review of the merits of the award to uphold arbitration’s principles of finality and efficiency.
While referring to the case, the bench had acknowledged the complexity of the issue after taking note of the submissions of senior advocate Saurabh Kirpal, assisted by law firm M/s Karanjawala & Co, on behalf of the respondents.
In February 2024, a three-judge bench comprising Justices Dipankar Datta, KV Viswanathan, and Sandeep Mehta had framed a few questions and referred the case to the CJI for consideration.
“Does the power to set aside an arbitral award under Section 34 include the authority to modify it,” one of the questions read.
If modification is permitted, what is its extent and under what circumstances, read the second question.
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Rajnath, Shah, other Union ministers change social media profile photos to 'Op Sindoor' logo
New Delhi (PTI): Defence Minister Rajnath Singh, Home Minister Amit Shah, External Affairs Minister S Jaishankar and other top ministers on Thursday changed the display pictures on their social media profiles to mark the first anniversary of Operation Sindoor following a call by Prime Minister Narendra Modi.
The prime minister, earlier in the day, shared a digital poster depicting the now widely recognised logo of Operation Sindoor and urged others to do the same as a mark of respect to the armed forces.
Operation Sindoor was launched in response to the deadly Pahalgam terror attack, with Indian forces conducting precision strikes on multiple terror infrastructure in Pakistan and Pakistan-Occupied-Kashmir (PoK).
After launching the military operation, the Indian Army, in a post on X, at 1:51 am on May 7 had said, "Justice is served. Jai Hind!"
On its first anniversary, the Indian military on Thursday said, Operation Sindoor -- "precise in action, eternal in memory" -- reflected the country's determination to defend its sovereignty with courage, coordination and strength.
The Army, the Navy, the Indian Air Force, the Headquarters Integrated Defence Staff (HQ IDS) and the defence ministry also updated the display pictures on their social media profiles to mark the anniversary.
Defence Minister Singh, while updating his profile photo on X, said Operation Sindoor stands as a "powerful symbol" of national resolve and preparedness, and that their actions reflected unmatched precision, and set a "benchmark" for modern military operations.
"On the anniversary of Operation Sindoor, we salute the valour and sacrifices of our armed forces, whose courage and dedication continue to safeguard the nation. Their actions during the operation reflected unmatched precision, seamless jointness and deep synergy across services, setting a benchmark for modern military operations," he wrote.
"Operation Sindoor stands as a powerful symbol of national resolve and preparedness, showing that our armed forces are always ready to act decisively when it matters most. It also stands testament to India’s steady advance towards achieving #Atmanirbharta, enhancing capability while reinforcing resilience," he added.
The Ministry of External Affairs, led by its minister Jaishankar, also marked the anniversary, and reasserted and amplified India's diplomatic stand on this operation.
"A year ago, #OperationSindoor demonstrated the nation's resolve to defend itself against cross-border terrorism from Pakistan. With its decisive actions, India ensured accountability for terrorist actions. And underlined that such a serious threat to peace and security will be effectively countered. Under the leadership of PM @narendramodi, India stands strong and determined to convey a message of zero tolerance for terrorism," the EAM posted on X.
Earlier in a separate post, Jaishankar too changed his profile picture and posted an image of the Operation Sindoor logo on the timeline.
Home Minister Shah, in a post on X, said, "Operation Sindoor stands as an epochal mission of India that will always remind our enemies of the infallible striking power of our armed forces."
After Indian forces had launched the operation in the early hours of May 7, Pakistan later also launched offensives against India, and all subsequent counter-offensives by India were also carried out under Operation Sindoor.
The military conflict between the two nuclear-armed neighbours, lasting nearly 88 hours, halted after they reached an understanding on the evening of May 10.
Union Culture and Tourism Minister Gajendra Singh Shekhawat, Education Minister Dharmendra Pradhan, Railway Minister Ashwini Vaishnav, Environment Minister Bhupendra Yadav, Women and Child Development Annapurna Devi and Jal Shakti Minister C R Paatil too updated their profile photos.
The Indian Army in an early morning post wrote, "#OperationSindoor India's resolute response calibrated and precise. Committed to safeguarding sovereignty and its people. #JusticeServed Jai Hind".
It also shared a video clip encapsulating the circumstances that led to the decisive military action in the early hours of May 7 last year, as well as some footage offering a glimpse to the military might of India.
"India will identify, track and punish every terrorist and their backers," PM Modi had earlier said in his address, whose excerpt is part of the widely shared clip.
Recalling the military action launched on the intervening night of May 6-7, the Indian Air Force put out the anniversary post on X at 1:05 AM.
"Operation Sindoor Justice served. Precise in action, eternal in memory-Operation Sindoor continues. India forgets nothing-India forgives nothing. #operation #Sindoor #operationsindoor #IAF," the IAF posted.
The Headquarters Integrated Defence Staff (HQ IDS) also posted the anniversary message at 1:05 AM, saying, "Symbol of national resolve #OpSindoor JAI HIND #OpSindoor #indianarmedforces #NationalSecurity".
The Indian embassies in the US, the UK, Spain, France, Germany and Italy also updated their display pictures on their social media profiles.
The embassies in France, Germany, Spain and Italy posted on X in French, German and Italian, amplifying the message of the Indian leadership on Operation Sindoor's anniversary in the respective countries.
The Indian Embassy in the UK posted on X, "One year of #OperationSindoor A tribute to India’s resolve, unity, and unwavering stand against terrorism. Saluting the courage and sacrifice of our armed forces who protect the nation with pride and honor. #OpSindoor #IndiaAgainstTerrorism #IndianArmedForces #NationalSecurity #IndiaFirst #SaluteOurForces #JaiHind #OperationSindoorContinues".
The Indian embassy in Israel also changed its profile photo on X and reposted PM Modi's post, and the X account of the embassy in Iran too changed the display picture to the logo of Operation Sindoor.
The Indian Navy in an early morning post on X said Operation Sindoor reflected India's determination to defend its sovereignty with courage and strength.
"Nation's Resolve. Forces United In moments that test a nation's will, the Indian Defence Forces stand united - resolute in purpose, precise in action and unwavering in commitment. #OperationSindoor reflects India's determination to defend its sovereignty with courage, coordination and strength. #OpSindoor #NationFirst #IndianNavy @HQ_IDS_India @adgpi @IAF_MCC," the Navy posted and changed its profile photo.
