News Analysis India

Tag: Subramanian Swamy

  • Supreme Court lists Subramanian Swamy’s plea on ‘secular, socialist Constitution’

    Express News Service

    NEW DELHI: The Supreme Court on Friday listed a plea by former Rajya Sabha MP Dr Subramanian Swamy seeking to delete the words “socialist” and “secular” in the Preamble of the Constitution with a similar plea that is to come up before CJI UU Lalit on September 23.

    The words ‘socialist’ and ‘secular’ were inserted in the Preamble of the Constitution under the 42nd Constitutional amendment moved by the Indira Gandhi government in 1976. The amendment changed the description of India in the Preamble from a “sovereign, democratic republic” to a “sovereign, socialist, secular, democratic republic.”

    The petition where Swamy had argued that it was not possible for the policymakers to vary, alter or repeal the Preamble as it was not equivalent to an ordinary statute was listed before the bench of Justices Indira Banerjee and MM Sundresh.  

    Considering that a similar plea was pending before CJI’s court, the bench in their order said, “Subramanian Swamy, the petitioner appearing in-person, submits that an identical writ petition being W.P.(C) No. 645 of 2022, is pending before the first Bench of this Court. Let this writ petition be tagged with Writ Petition (C) No. 645 of 2022.”

    Swamy in the petition stated that the Preamble not only formed the essential features of the Constitution but also the fundamental conditions based on which various groups and interests adopted the Constitution with the hope to create one unified integrated community. 

    It was also contended that insertion was against the rights to freedom of religion, the concept of judicial review which formed an integral part of the basic structure of the Constitution. “The edifice of our Constitution is built upon and stands on several props, remove any of them, the Constitution collapses.

    Lastly, it is submitted that the Constitution has conferred a limited amending power on the Parliament, the Parliament cannot under the exercise of that limited power enlarge that very power into absolute power,” the petition has stated. 

    ALSO IN TOP COURT

    Order in TN job scam reserved

    The Supreme Court on Friday reserved order in plea challenging Madras HC’s order of quashing criminal proceedings against four persons, including V Senthil Balaji, current Tamil Nadu Minister of Electricity in the 2015 job scam whereby the accused had taken bribes from job aspirants on the false promise of appointment to the Metro Transport Corporation (MTC) in various posts. The order was reserved by the bench of Justices Abdul Nazeer and V Ramasubramanian. 

    Allows transfer of criminal case against Unnao rape survivor

    The Supreme Court on Friday allowed the transfer of a criminal case filed by the father of one of the accused men facing charges in Unnao rape from UP trial court to Delhi. The petition where the victim had also sought for stay on the non-bailable warrants issued by the Additional Chief Judicial Magistrate, Unnao, against her was listed before the bench of Justices Sanjiv Khanna and Dinesh Maheshwari. 

    Sanskrit as national language: Court rejects petition 

    The Supreme Court on Friday dismissed a petition that sought to declare Sanskrit as the national language. The bench of Justices MR Shah and Krishna Murari stressed the fact that the national status of a language was a policy decision that would require an amendment to the Constitution. 

    J&K pandit killing: ‘Ask union govt for SIT probe’

    The Supreme Court on Friday granted liberty to NGO “We the Citizens” to approach the Union government and UT administration with its pleas seeking probe by SIT into the targeted killings of Kashmiri Pandits and Sikhs in Jammu & Kashmir. “It’s purely in the domain of the executive,” the SC bench said.

    Junks Suvendu plea on transfer of election plea

    The Supreme Court on Friday rejected BJP leader Suvendu Adhikari’s plea seeking transfer of the election petition filed by West Bengal Chief Minister Mamata Banerjee out of the State of West Bengal. The bench opined that it could not allow choice of HCs as that would send a ‘wrong’ message to the HC. 

    NEW DELHI: The Supreme Court on Friday listed a plea by former Rajya Sabha MP Dr Subramanian Swamy seeking to delete the words “socialist” and “secular” in the Preamble of the Constitution with a similar plea that is to come up before CJI UU Lalit on September 23.

    The words ‘socialist’ and ‘secular’ were inserted in the Preamble of the Constitution under the 42nd Constitutional amendment moved by the Indira Gandhi government in 1976. The amendment changed the description of India in the Preamble from a “sovereign, democratic republic” to a “sovereign, socialist, secular, democratic republic.”

    The petition where Swamy had argued that it was not possible for the policymakers to vary, alter or repeal the Preamble as it was not equivalent to an ordinary statute was listed before the bench of Justices Indira Banerjee and MM Sundresh.  

    Considering that a similar plea was pending before CJI’s court, the bench in their order said, “Subramanian Swamy, the petitioner appearing in-person, submits that an identical writ petition being W.P.(C) No. 645 of 2022, is pending before the first Bench of this Court. Let this writ petition be tagged with Writ Petition (C) No. 645 of 2022.”

    Swamy in the petition stated that the Preamble not only formed the essential features of the Constitution but also the fundamental conditions based on which various groups and interests adopted the Constitution with the hope to create one unified integrated community. 

    It was also contended that insertion was against the rights to freedom of religion, the concept of judicial review which formed an integral part of the basic structure of the Constitution. “The edifice of our Constitution is built upon and stands on several props, remove any of them, the Constitution collapses.

    Lastly, it is submitted that the Constitution has conferred a limited amending power on the Parliament, the Parliament cannot under the exercise of that limited power enlarge that very power into absolute power,” the petition has stated. 

    ALSO IN TOP COURT

    Order in TN job scam reserved

    The Supreme Court on Friday reserved order in plea challenging Madras HC’s order of quashing criminal proceedings against four persons, including V Senthil Balaji, current Tamil Nadu Minister of Electricity in the 2015 job scam whereby the accused had taken bribes from job aspirants on the false promise of appointment to the Metro Transport Corporation (MTC) in various posts. The order was reserved by the bench of Justices Abdul Nazeer and V Ramasubramanian. 

    Allows transfer of criminal case against Unnao rape survivor

    The Supreme Court on Friday allowed the transfer of a criminal case filed by the father of one of the accused men facing charges in Unnao rape from UP trial court to Delhi. The petition where the victim had also sought for stay on the non-bailable warrants issued by the Additional Chief Judicial Magistrate, Unnao, against her was listed before the bench of Justices Sanjiv Khanna and Dinesh Maheshwari. 

    Sanskrit as national language: Court rejects petition 

    The Supreme Court on Friday dismissed a petition that sought to declare Sanskrit as the national language. The bench of Justices MR Shah and Krishna Murari stressed the fact that the national status of a language was a policy decision that would require an amendment to the Constitution. 

    J&K pandit killing: ‘Ask union govt for SIT probe’

    The Supreme Court on Friday granted liberty to NGO “We the Citizens” to approach the Union government and UT administration with its pleas seeking probe by SIT into the targeted killings of Kashmiri Pandits and Sikhs in Jammu & Kashmir. “It’s purely in the domain of the executive,” the SC bench said.

    Junks Suvendu plea on transfer of election plea

    The Supreme Court on Friday rejected BJP leader Suvendu Adhikari’s plea seeking transfer of the election petition filed by West Bengal Chief Minister Mamata Banerjee out of the State of West Bengal. The bench opined that it could not allow choice of HCs as that would send a ‘wrong’ message to the HC. 

  • 2024 elections in mind, KCR meets Swamy, Tikait in Delhi

    By Express News Service

    NEW DELHI: Telangana Chief Minister K Chandrashekhar Rao has stepped up his efforts to unite Opposition parties to take on the BJP in 2024 General Elections. On Thursday, he met BJP MP Subramanian Swamy and Bhartiya Kisan Union national spokesperson Rakesh Tikait over lunch in Delhi. 

    Rao has been camping in the national capital for the last two days along with his daughter and senior party leader K Kavitha, Minister V Srinivas Goud, MP J Santosh Kumar and State Planning Board Vice-Chairman Vinod Kumar. Tikait told the media later that he had discussed farmers’ issues and various welfare schemes for farmers in Telangana.

    “There was no discussion on politics. It was purely related to the welfare of farmers. Rao is willing to give compensation to families of farmers who were martyred during the Kisan Movement. He also told us about various other schemes run by the state government like free power for agriculture. I will be meeting CMs of States to introduce similar relief for cultivators,” he said. 

    However, Swamy couldn’t be reached for the comment. According to the individuals privy to the matter, Rao is likely to meet with Delhi Chief Minister Arvind Kejriwal to talk about possible alliance of parties. After the meeting, Kavitha posted two separate videos of Swamy and Tikait arriving at Rao’s residence in Delhi.“Rajya Sabha member and noted Economist Subramanian Swamy met with Telangana CM KCR Garu in New Delhi today,” said her tweet.

    The development came after his visit to Mumbai last month where he held a meeting with Maharashtra Chief Minister Uddhav Thackeray and NCP chief Sharad Pawar. Rao had already had discussions with West Chief Minister Mamata Banerjee and Tamil Nadu counterpart MK Stalin.

    Rao may soon meet with other opposition leaders including Samajwadi Party leader Akhilesh Yadav, Jharkhand chief minister Hemant Soren and Janata Dal (secular) president and Rajya Sabha MP HD Deve Gowda.Rao has been critical of the BJP and the Centre on a number of issues and had announced plans to unite various political parties against the BJP government.

    It may be recalled here that in November 2021, Rao announced Rs 3 lakh to the kin of each of the around 750 farmers who died during the agitation against the Centre’s farm laws. Rao announced a total of Rs 22.50 crore solatium.

    Tikait later tweeted: “The Telangana government will soon organise a programme and provide financial assistance of Rs 3 lakh to the families of the martyrs of the farmers’ movement. But, the Central government is playing a hide and seek game with the farmers”.

  • Subramanian Swamy seeks probe by SC Judge into helicopter crash that killed CDS General Bipin Rawat

    By PTI

    UDUPI: Rajya Sabha MP Subramanian Swamy on Wednesday sought a probe by a senior Supreme Court Judge into the helicopter crash near Coonoor in Tamil Nadu that killed India’s first Chief of Defence Staff (CDS), General Bipin Rawat, his wife and 11 others.

    The former Union Minister termed the incident as “shocking” and a big caution to national security.

    “…final report has not come, so it is very difficult for me to say anything, but the mere fact that a military aircraft in a safe zone like Tamil Nadu, has blown up, it appears to be,” Swamy said.

    ALSO READ: CCS briefed about helicopter crash leading to CDS General Bipin Rawat’s death – Official sources

    Speaking to reporters here, he said, “it is something that requires very very serious investigation…the public has to be taken into confidence, so somebody, a senior Supreme Court Judge, should investigate the matter.”

    The copter carrying General Rawat, appointed as CDS in 2019, and his entourage crashed on Wednesday, in apparently foggy conditions, killing the 13 people on board, the IAF and other officials said.

    One person survived the crash and is being treated at a hospital.

  • Gauhati HC reserves verdict against Subramanian Swamy in hate speech case

    By PTI

    GUWAHATI: The Gauhati High Court on Thursday reserved the verdict of a case against Rajya Sabha MP Subramanian Swamy for allegedly delivering hate speech in Assam in 2015.

    The BJP leader filed a writ petition in the high court challenging the case and a non-bailable warrant issued against him by a local court.

    He argued the case in person.

    After hearing both sides, Justice Manish Choudhury reserved the verdict.

    On March 15, 2015, Swamy had delivered a speech on the Ayodhya issue at Kaziranga University.

    A criminal case was filed against him by an advocate two days later at the Chief Judicial Magistrate’s court in Karimganj under various sections of the IPC for the “hate speech”.

    The court then summoned the BJP MP for an appearance.

    But as he did not appear, a non-bailable arrest warrant was issued against Swamy, who approached the Supreme Court for quashing the case.

    The apex court asked the petitioner to institute appropriate proceedings before the competent court, including the Gauhati High Court.

    Swamy then moved the Gauhati High Court, which stayed the warrant and started hearing the case in July 2015.

  • ‘Hate speech’ case: Subramanian Swamy appears before Gauhati HC

    By Express News Service

    GUWAHATI: BJP leader Subramanian Swamy appeared before the Gauhati High Court on Thursday in connection with an alleged hate speech he had made in 2015.

    A case against the Rajya Sabha member was initiated earlier in the court of Additional Judicial Magistrate, Karimganj for the alleged hate speech on Ayodhya delivered at a function in Guwahati.

    Arguing the case as the petitioner-in-person on Thursday, he pleaded for the quashing of the proceedings against him initiated by the Karimganj court.

    The court heard both parties and reserved the order, advocate Satya Sabharwal, who assisted the BJP leader in the court, said.

    After arriving in the city earlier in the day, Swamy told reporters the Government of India should adopt a tough stand against China.

    “The Government of India is too soft to China and should be tough. I had met (Defence Minister) Rajnath Singh and told him so. I said this to people in the Sangh Parivar as well,” the MP said.

    He insisted the Chinese should be “uprooted” from Ladakh.

    “We pushed them back in the past and we can do it again. The Prime Minister has not taken China’s name so far but he should speak openly. China is an aggressor and it should be taught a lesson. In their words, they should be shown the red eyes,” Swamy said. 

  • Inordinate, inexplicable delay in prosecution of UPA era corruption cases: Subramanian Swamy writes to PM

    By PTI

    NEW DELHI: There is an “inordinate and inexplicable” delay in prosecution of many corruption cases that took place during the UPA tenure, Rajya Sabha member Subramanian Swamy has said in a letter to Prime Minister Narendra Modi.

    Swamy also said that there is an “induced lack of enthusiasm” of prosecutors in these cases.

    “There is, without doubt, an inordinate and inexplicable delay in prosecution of many corruption cases by the government, which corruption had happened at the UPA tenure at the Centre,” he said in the letter.

    Specifically mentioning 2G scam, Aircel-Maxis and National Herald cases, involving senior Congress leaders P Chidambaram and Sonia Gandhi, he said there has not been a finality or conviction in these cases.

    “In the past seven years, there has not been a finality or conviction in these cases which is clearly due to the induced lack of enthusiasm of the prosecutors…,” Swamy said.

    He said these delays are hurting the image of the BJP which made fighting corruption a key plank of election campaigns.

    “I am most respectfully urging you to give immediate directions to agency heads, legal officers and prosecutors to sit together, if necessary, and work in coordination and to monitor the progress of cases at regular intervals,” Swamy said.

    He further suggested that an inter-departmental monitoring body can be formed, which works on a regular basis, comprising agency heads and prosecutors to ensure that the anti-corruption cases are pursued diligently.

  • ‘Modi is not King of India’: BJP’s Subramanian Swamy says he is against PM’s economic, foreign policies

    By Online Desk

    Senior BJP leader and Rajya Sabha MP Subramanian Swamy has said that he is against Prime Minister Narendra Modi’s economic and foreign policies.

    Replying to a tweet by a user, who argued that he (Swamy) is perhaps bitter for not being handed over the ministry of his choice, Swamy said that he’s in fact “anti-Modi” for a different reason.

    “I am anti Modi policies for the economy & foreign policy and I am ready to debate with any responsible on it. Have you heard about participatory democracy? Modi is not King of India,” Swamy tweeted.

    I am anti Modi policies for the economy & foreign policy and I am ready to debate with any responsible on it. Have you heard about participatory democracy? Modi is not King of India
    — Subramanian Swamy (@Swamy39) August 14, 2021
    Swamy added that he is ready to “debate” about this with anyone who is competent and responsible.

    The leader also questioned the efficacy of India’s foreign policies which according to him are a “mess” due to EAM S Jaishankar and National Security Advisor Ajit Doval’s decisions.

    “Will the bureaucrat duo Jaishankar and Doval ever apologise to the nation for the mess they have landed India in the international scene? They were given a free hand because Modi trusts politicians not peer level politicians. Now we in a mess with all our neighbours,” he had tweeted.

    Will the bureaucrat duo Jaishankar and Doval ever apologise to the nation for the mess they have landed India in the international scene? They were given a free hand because Modi trusts politicians not peer level politicians. Now we in a mess with all our neighbours.
    — Subramanian Swamy (@Swamy39) August 14, 2021
    Swamy, who has been vocal about his ministerial dreams in the past and has been a cabinet minister twice, was hopeful of a position this time around as well but was not assigned any ministry.

  • National Herald case: Delhi HC grants time to Sonia, Rahul Gandhi to file replies on Subramanian Swamy’s plea

    By PTI
    NEW DELHI: The Delhi High Court on Monday granted time to Congress chief Sonia Gandhi, her son Rahul and others accused in the National Herald case, to file replies on a plea by BJP MP Subramanian Swamy seeking to lead evidence before the trial court.

    Justice Suresh Kumar Kait listed the matter for further hearing on May 18.

    Senior advocate R S Cheema and Tarannum Cheema, representing the Congress leaders, told the court that they could not file replies as their office was closed due to COVID-19 and sought more time.

    The high court had on February 22 issued notices and sought responses of Gandhis, AICC general secretary Oscar Fernandes, Suman Dubey, Sam Pitroda and Young Indian (YI) on Swamy’s plea and had stayed the trial court proceedings in the case till then.

    Swamy has moved the high court against a trial court order of February 11 declining his plea to lead evidence to prosecute the Gandhis and the other accused in the case.

    The trial court had said that Swamy’s application under section 244 of the Criminal Procedure Code (CrPC) to lead evidence would be considered after his examination in the case was over.

    Swamy has sought summoning of certain witnesses, including the secretary general (registry officer) of the Supreme Court, a deputy land and development officer, and a deputy commissioner of Income Tax, and also directions to them to prove certain documents which are part of the case.

    In a private criminal complaint in the trial court, the BJP leader had accused the Gandhis and others of conspiring to cheat and misappropriate funds by paying only Rs 50 lakh, through which Young Indian Pvt Ltd (YI) obtained the right to recover Rs 90.25 crore that Associate Journals Ltd, owner of National Herald, owed to the Congress.

    All the seven accused – the Gandhis, AICC treasurer Motilal Vora, AICC general secretary Oscar Fernandes, Suman Dubey, Sam Pitroda and YI – had denied the allegations.

    Proceedings against Vora abated subsequent to his death, while the others were summoned by the trial court in 2014 for the alleged offences of misappropriation of property, criminal breach of trust and cheating, read with criminal conspiracy of the Indian Penal Code.

  • INTERVIEW | ‘We could have rebirthed sanskrit’: Subramanian Swamy

    Express News Service
    The new National Education Policy (NEP) is nothing but a khichdi, said veteran BJP leader and Rajya Sabha MP Subramanian Swamy. He added that the Indian education system has not changed much since Thomas Babington Macaulay devised the Minute on Education in 1835. Swamy was discussing the Indian education system and what changes it needs to be more ‘Indian’ with Senior Journalist Kaveree Bamzai at The New Indian Express’ ThinkEdu Conclave 2021.

    When asked whether the NEP incites hope for a viable change in the Indian education system, Swamy said, “These are all like khichdi — a little bit of this and a little bit of that. The question is: when you go to a class, does your teacher make you think? Here, whatever the teacher says, you memorise and reproduce in the exam and you will get the marks. The room for original thinking and research is not there,” said Swamy.

    But this begs the question, what needs to change? There are two things, said Swamy.

    “It should not be necessary to get a bachelor’s or master’s degree to get a job which is reasonably decent. I think 75 per cent of our people go to college to get a bachelor’s degree while in the United States, it is 35 per cent, in China, it is 45 per cent. That does not mean China is less literate. They train people for technical things so they get a job. Here the minimum qualification for mechanics is BA. Those who go to higher education must be committed to research,” he said.

    “The second thing is that you need to give a very decent salary to teachers. Maybe in Delhi University you get a decent salary or in JNU you get an even decent salary. But in the primary schools, if you compare with US and China, you’d see the difference. Much of the thinking process is developed in schools and if they go to college, they go straight into writing papers,” he said.

    “This system has not changed much since Macaulay’s time. And had stated his objective quite clearly  he said I want to create people who are Indian in blood and colour and they should dress in British attire, should speak English and not Sanskrit and they should adopt British morals,” he said.

    “Mughals had burned down our libraries but the British were a little smarter about it. They wrote an alternate history while the Mughals just burned down things. The alternative history is that we are not one country or one people. The north is Aryan and the south is Dravidian. These are the words they had taken from us. Dravidian is a word that Adi Shankara introduced. It means a place where the three oceans meet. There is no word called Aryan. There is only the word Arya which means anybody who is a cultured person,” Swamy added.

    “You become an obscurantist if you talk about the past and this is the format in which we have been functioning. We are still struggling, the education system has the same books with the same untruth and nonsense in it. The English language which we are using out of compulsion makes it easier. We could have given a rebirth to Sanskrit as the Jews did with Hebrew,” said Swamy.

    The Chinese have innovated furiously in the past few years while India has been lagging behind as Indians don’t push themselves enough towards innovation, said Swamy.

    “The Chinese have also adopted some of the Sanskritic principles. They gave autonomy for basic research in Physical Sciences. And the Chinese have gone very far ahead. We were ahead of them till 2005. After that, the decline started and during Narendra Modi’s period, the gap has widened,” added Swamy.

  • National Herald row: HC seeks reply from Sonia, Rahul on Swamy’s plea to lead evidence

    By PTI
    NEW DELHI: The Delhi High Court Monday sought responses of Congress chief Sonia Gandhi, her son Rahul and others accused in the National Herald case, on a plea by BJP MP Subramanian Swamy seeking to lead evidence before the trial court.

    Justice Suresh Kait, while issuing notice to the Gandhis, AICC general secretary Oscar Fernandes, Suman Dubey, Sam Pitroda and Young India (YI), sought their stand on Swamy’s plea by April 12 and stayed the proceedings in the case till then.

    Advocate Satya Sabharwal, appearing for the BJP MP, and advocate Tarannum Cheema, appearing for the Gandhis and others, confirmed that the high court has issued notice in the matter and stayed the trial court proceedings till April 12.

    Swamy has moved the high court aggrieved by a trial court order of February 11 declining, for now, his plea to lead evidence to prosecute the Gandhis and the other accused in the case.

    The trial court had said that Swamy’s application under section 244 of the Criminal Procedure Code (CrPC) to lead evidence would be considered after his examination in the case was over.

    Swamy has sought summoning of certain witnesses, including the secretary general (registry officer) of the Supreme Court, a deputy land and development officer, and a deputy commissioner of Income Tax, and also directions to them to prove certain documents which are part of the case.

    In a private criminal complaint in the trial court, the BJP leader had accused the Gandhis and others of conspiring to cheat and misappropriate funds by paying only Rs 50 lakh, through which Young Indian Pvt Ltd (YI) obtained the right to recover Rs 90.25 crore that Associate Journals Ltd, owner of National Herald, owed to the Congress.

    All the seven accused – the Gandhis, AICC treasurer Motilal Vora, AICC general secretary Oscar Fernandes, Suman Dubey, Sam Pitroda and YI – had denied the allegations.

    Proceedings against Vora abated subsequent to his death, while the others were summoned by the trial court in 2014 for the alleged offences of misappropriation of property, criminal breach of trust and cheating, read with criminal conspiracy of the Indian Penal Code.