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How many times did Parliament discuss conduct of Speaker, SC asks Uddhav faction

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2 years ago

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 The Supreme Court on Tuesday shot a volley of questions at the Uddhav Thackeray faction, asking how many times did the Parliament discuss a review of the conduct of the Speaker, why is that question raised before the court, and also, why should the court change rules just because one or two Speakers went astray.

Senior advocate Kapil Sibal, representing the Uddhav Thackeray faction, submitted before a five-judge constitution bench, headed by Chief Justice of India D.Y. Chandrachud, that “your lordships have great confidence in the constitutional office of the Speaker but do they discharge this confidence?”

At this, the Chief Justice replied: “You also have that confidence when you say that the Speaker has to decide the disqualification petitions… that is not dependent on who is the Speaker, Mr Sibal”. He added that the constitutional authority of the Speaker to decide is not based on who the Speaker is.

Sibal said the a Speaker who appoints the whip and Leader of the Opposition without reference to the political party, “you think he can decide in my favour, there is no way!”

The Chief Justice said: “The first Speaker in defiance of legislative rules gave two days’ notice… this is the way everybody is behaving. There are two options: either you debunk the authority of the Speaker or.. in a democracy you value the office of the institution… denigrating constitutional offices including the office of the Speaker.”

When Sibal said they are denigrating themselves, the bench — also comprising Justices M.R. Shah, Krishna Murari, Hima Kohli and P.S. Narasimha — said: “It is a race to the bottom then.”

Justice Narasimha told Sibal: “Legislators, parliamentarians…. decided upon the Speaker to be the tribunal.. it is parliamentarians’ decision, the Tenth Schedule. Therefore, the court is only interpreting that…”

Sibal referred to the decision of the apex court on 27 June last year, where the court granted interim relief to Shinde faction by extending the time to file responses to the disqualification notices. It later, on June 29, gave the go-ahead to a floor test called by the Governor.

Justice Narasimha orally observed: “On one hand if the Speaker is with you, you would say it is a constitutional authority. What is wrong with it… if you have some difficulty, you mean, not you. Look at the way Speakers have behaved. For us, as long as the constitution bench judgment is there, we will go by the fact that the Speaker is the tribunal.”

The bench further added that the Speaker is the presiding officer as per Tenth Schedule and “we will not go back on the decision, that is the final decision, as far as we are concerned”.

Sibal replied by that logic, the June 27 order could not have been passed, and that is what led to what way we are today.

Justice Kohli said that if one or two Speakers have gone astray, would the court be inclined to debunk the whole procedure as laid down and the Tenth Schedule?

To this, Sibal said: My intention is not that, I have been telling what is happening.” Justice Kohli said then it is a conundrum. Sibal said: “Yes, it is a conundrum, a constitutional conundrum and somebody has to sort it out.”

At this juncture, justice Narasimha said: “Another question, every time this question is raised before the court. I would want to ask you how many times did the parliamentarians raise this question in the Parliament saying let us actually amend the Constitution.”

“How many times did the discussion take place in the Parliament to review the conduct of the Speaker. Why is that question raised before the court, which is not a forum for consideration. how many times parties have sat down together and decided this is not working?” he asked.

“Once Kihoto Hollohan was rendered then,” Sibal said referring to the apex court verdict in the 1992 case, upholding the sweeping discretion available to the Speaker in deciding cases of disqualification of MLAs.

Justice Narasimha replied: “Why, it only upheld the Tenth Schedule. It is your making, the Tenth Schedule. This will take us nowhere, Mr Sibal. Frankly, unless there is an amendment to the Constitution, there is a reference, a direct challenge…”

The top court made these observations while dealing with Maharashtra political crisis triggered due to rebellion in the Shiv Sena. It will continue to hear the matter on Wednesday.

On February 17, the apex court had declined to make immediate reference to a seven-judge bench the reconsideration of its 2016 Nabam Rebia judgment, which restricted the power of the Speaker to examine disqualification petitions against MLAs if a resolution for his removal is pending.

A five-judge bench headed by Chief Justice of India said the issue of reference will be decided only with the merits of the case and fixed the matter for hearing on merits on February 21.

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Maharashtra

Online Gaming Ban: Maharashtra CM Devendra Fadnavis Mulls Shutdown Of Online Gaming Due To Rise In Suicide, Scams, And Crimes

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9 hours ago

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July 22, 2025

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Maharashtra Chief Minister Devendra Fadnavis is calling for a complete ban on online gaming within the state, citing alarming spikes in addiction, financial ruin, crimes, and suicides linked to real-money gaming. Fadnavis confirmed to the assembly that he has written to Union IT Minister Ashwini Vaishnaw and is working closely with the Centre, stressing that current IT rules are insufficient to curb harm.

In the Assembly, Fadnavis said that he has written to the Centre, urging it to regulate or ban online real money gaming. “The Centre has jurisdiction over online gaming regulation because the majority of these platforms are hosted outside of India. We are committed to working closely with the Union government to combat this growing threat,” he was quoted as saying in reports. 

In recent years, online gaming has spawned a web of distressing cases. In one gut-wrenching example, a man in Dharashiv allegedly sold his land, poisoned his pregnant wife and 2-year-old, and then took his own life after falling into crippling losses from online rummy.

Another tragedy from Pimpri‑Chinchwad involved a 16‑year‑old boy who leapt from a 14th‑floor balcony after succumbing to gambling addiction.

Cyber fraud tied to gaming is also soaring. In Mohali, police uncovered an Rs. 18 crore online-gaming fraud syndicate that entrapped people through fake WhatsApp pitches, with eight arrested . In Mumbai’s Navi Mumbai, a businessman lost Rs. 2.74 crore to online betting over two years—prompting a police FIR.  

Fadnavis warned that unchecked gaming platforms are “a new-age addiction” fuelling mental health crises and criminal activity, calling for a crackdown on celebrity endorsements that glamourise gambling

With nearly 97 illegal betting cases since 2023—including dozens in Mumbai—the state’s cyber police have intensified searches, training 3,000 officers, opening 50 cyber labs, and launching helpline services 1945/1930, though admits only central legislation can truly shut down offshore platforms.

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Maharashtra

Mumbai Road Accident: 36-Year-Old Kurla Biker Killed In Sion Flyover Crash As Car Comes From Wrong Side

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9 hours ago

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July 22, 2025

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Mumbai: A 36-year-old resident of Kurla, Suhel Shakil Ansari, lost his life on Sunday morning after the motorcycle he was riding pillion on was struck by a car allegedly driving on the wrong side of the Sion flyover. The vehicle was being driven by a 75-year-old senior citizen, who was later served a notice by the police and allowed to leave the scene.

According to officials, the incident occurred around 10:45 am while Suhel and his friend Abu Faizan Ehsaanhul Haq Ansari were returning home from Marine Drive. Abu was riding the bike, as reported by Hindustan Times.

According to the report, a police officer mentioned that, “When they reached the Sion flyover, their motorcycle collided with a car being driven on the wrong side of the road. The flyover doesn’t have a divider, and the car suddenly came into their lane and hit them.”

Suhel sustained severe injuries and was bleeding from the nose and mouth. He was rushed to Sion Civic Hospital, where doctors declared him dead. Abu suffered leg injuries, according to the officials.

The police identified the car driver as Chandulal Jain, 75, a Byculla resident. He has been booked under Sections 106(1) (causing death by negligence), 125(b) (endangering life or personal safety of others), and 281 (rash or negligent driving) of the Bharatiya Nyaya Sanhita, along with Section 184 (dangerous driving) of the Motor Vehicles Act. A notice was served to him, and he was permitted to go, said the officer.

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Maharashtra

Mumbai: Ola, Uber Strike To Resume On Wednesday Noon As Cab Drivers’ Demands Remain Unaddressed

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11 hours ago

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July 22, 2025

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Mumbai: The Ola and Uber driver strike in Mumbai, suspended until Tuesday, is set to resume on Wednesday if the Maharashtra government fails to address their demands.

The strike was initially called off on Saturday, allowing the government to respond to issues like fare rationalisation, the establishment of a welfare board for drivers, and restrictions on new permits. The Maharashtra Gig Kamgar Manch confirmed that the strike is merely suspended and will restart if demands remain unmet.

Key driver demands include:

Drivers advocate for fare alignment with traditional taxis.

A financial and legal support board for app-based cab drivers is requested.

There’s a push to limit new cab and auto-rickshaw permit issuance.

Protections under the Maharashtra Gig Workers’ Act for taxi workers are sought.

A review of aggregator platform operations regarding surge pricing and driver ID blocking is desired.

If unresolved by the deadline, drivers plan an escalated protest on Wednesday. According to a report, passengers have been asked to de-board in various locations across Mumbai due to the impending strike. A cab driver from Navi Mumbai highlighted their demand for a fixed rate per kilometre, contrasting current inconsistent rates with a previously established government-fixed rate of Rs 32 per km for AC taxis.

Cab unions have discussed these concerns with Maharashtra Transport Minister Pratap Sarnaik, who has promised a solution within 15 days. Nevertheless, drivers remain skeptical, recalling previous unfulfilled promises. Sarnaik acknowledged the reasonableness of the demands and assured adjustments in policy would be made.

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