Authored by:

Tanushree Suman Ray – Associate Editor

1. Remembering Kesavananda Bharati – 06/09/2020

The 1973 tussle between the government and the Judiciary gave birth to the most crucial judgement of the Supreme Court that saved our democracy. Kesavananda Case is directly linked with the Golaknath Case. In 1967, the Supreme Court verdict of the latter came in which it was said the state could not Amend Fundamental Rights. From Golaknath Case, a scuffle started between the Supreme Court and the Government of India. Indira Gandhi government introduced the 24th Amendment Act in which Government has the power to amend any part of the constitution, including the fundamental rights after that 25th Amendment came, which allowed the government to acquire any Indian citizen property, at a price determined by the government.

The First Amendment in the constitution includes Right to Property under Article 31. In this Right limitations were applied by the Indira Gandhi government Meanwhile, banks also get nationalized with the disputes which topic was Supreme Court of India and the government of India. Swami HH Sri Kesavananda Bharati, Senior Head of Edneer Mutt in Kerala. Kerala government passed a law to control Religiously owned Property under two States Land Reforms Acts. Article 26 speaks about the power to the Indian citizen, or any trustee, or religious to manage the Property. The Hero of this story is Nanabhoy Palkhiwala, Senior Advocate who convinced Kesavananda Bharti to file a petition under Article 26. After the filing of Public Interest Litigation was filed, this case was first held on Kerala High Court and then to Supreme Court.

In the Supreme Court, the case hearing took 68 days. Highest no. of Bench was constituted; 13 Judges Bench was in the case. The verdict ratio was 7:6, where 7 judges have different judgement, and 6 Judges have different judgement. In this case, the Supreme Court stated that Parliament could amend any part of the constitution. Supreme Court stated that parliament could Amend any part of the constitution, but if the basic structure altered by the parliament then it will not be valid. Parliament can amend any part of the constitution with some limitation, i.e. the basic structure of the constitution. The basic structure includes; Independent Judiciary, parliamentary system, free and fair elections, Supremacy of Constitution, Secular Corrector of the Constitution. Supreme Court also stated that Preamble is a part of the constitution and an integral part of the constitution. The most important part of this, Shrimati Indira Gandhi introduced 39th and 41st Amendment of the Constitution. These two Amendments tell that, if a person is Prime Minister, then none of the cases which are of civil and criminal nature would be chargeable against him. Even if he was Prime Minister for a day, the amendment was applicable.

Shrimati Indira Gandhi wanted that the power should be with the government and Prime Minister through the Amendment 39th and 41st of the constitution. Because of Kesavananda case, it could not happen that any of the India Prime Minister will not be chargeable with any of the cases if Prime Minister is accused then the case will be chargeable whether it is civil or criminal. In 1975, the judgement came on Kesavananda case. Justice Ray was not with the majority and gave judgement against the majority. Indira Gandhi government appointed Justice Ray as Chief Justice of India. After Justice Ray, appointed as CJI the Kesavananda case was reopened and they wanted to do a hearing on this case but again Advocate Nahabhoy Palkiwala convinced the court not to open this case again. No one filed any review petition against this case. The Judgment which is given by the Supreme Court is valid in this case.

2. 9/11 Attack

On 11th September 2001, 19 militants who are associated with the Islamic group of al Qaeda hijacked four planes and carried out the suicide attacks against the US. Two planes were flown to the twin towers of World Trade Center in New York City; the third plane hit the Pentagon, Washington, D.C., the fourth plane crashed in a field in Shanks Ville, Pennsylvania. Around 3,000 people were killed during the 9/11 terrorist attacks, which had a major impact on US which initiates to combat terrorism and also defined the presidency of George W. Bush.

On September 11, 2001, an American Airlines Boeing 767 loaded with 20,000 gallons of jet fuel crashed into the north tower of the World Trade Center in New York City. The impact was gapping, burning holes, on the 80th floor of the 110-story skyscraper, which killed hundreds of people and trapped hundreds more on higher floors. The result of the tower was that its twin got underway. 18 minutes after the first plane hit, a second Boeing 767-United Airlines Flight 175-appeared out from the sky, which turned sharply towards the World Trade Center and sliced the south tower near the 60th floor. Around 9.45 a.m., on the same day, American Airlines Flight 77 circled over downtown Washington, D.C., before crashing into the west side of the Pentagon military headquarters. Jet fuel from the Boeing 757 caused a devastating inferno which led to the collapse of the structure of the giant concrete building, which is the headquarters of US Department of Defense. Around 125 military personnel and civilians were killed in the Pentagon.

At 10.30 a.m., the north building of twin towers collapsed. Only six people survived in World Trade Center tower, almost 10,000 were treated for injuries, and many had undergone severe conditions. On the same day, the fourth plane- United Flight 93 that was bound to California, was hijacked in after 40 minutes from the Newark Liberty International Airport in New Jersey. The passengers fought against the four hijackers, who attacked the cockpit with the help of fire extinguisher. After that, the plane was flipped and sped towards the ground at the speed of 500 miles per hour, and crashed near the Shanks Ville in Pennsylvania at 10.10 a.m. all the 44 passengers were killed. On December 18 2001, Congress declared September 11 as “Patriot Day” to remember the anniversary of 9/11. The first memorials to September 11 came into the immediate wake of the attack, with candlelight and flower tribute at US embassies around the world. The first anniversary of the attack in New York in the year 2002, two bright columns of lights were shot up into the sky from the place were twin tower, once stood. The beams were clearly visible from 60 miles’ way.

3. Madras Day, August 22

Madras day is celebrated every year on August 22. August 22, 1639, being widely concurred date for the addition of the town of Madraspatnam or Chennapatnam by the East India Company factors from Andrew Cogan and Francis Day from Damara Venkatadri Nayaka, Vijayanagar Empire. The idea of Madras Day was first suggested by Chennai-based columnist Vincent D’Souza during the gathering of the trustees of the Chennai Heritage establishment in 2004. From that day forward, Madras Day festivities have been held each year, in which its features being shows, addresses film screenings, and tests also. There has been a conflict that act of procurement was dated on July 22 1639, not on August 22 1639. The history of Madras Day, the establishing of Madras was its tercentenary recognition in 1939. Later on, the festivals were reliably supported by the British government a show of pictures, representations, guides, records, and coins was introduced by the Vice-Chancellor of Madras University, Diwan Bahadur S. E. Runganadhan, and also a short play which composing rivalry was organized.

The 370th celebration in 1989 was praised with the opening of a dedicatory landmark named as “Madras 350” worked as Classical style by developer Frankpet Fernandez at the intersection of the Poonamallee High Road and the New Avadi Road. The plan to commend the introduction of the city consistently was conceived when Shashi Nair and Vincent D’Souza met with S. Muthiah. It depends on the achievement of another occasion called Mylapore festival, which was arranged by D’Souza every year in January. It was chosen by the trio to begin observing Madras Day from 2004.

According to them, the essentials thought process of observing ‘Madras Day’ was to focus on the city’s past and present. The festival was esteemed thundering achievements, and the occasion got popularity throughout the Nation. “The Madras Song” was made to honour the event and a site was prompted by The Hindu named for the inhabitant of the city to make online petition voicing their urban grievances. Madras Day centres on the city, its history, its past, and present, and the centre group makes networks, gathering, organizations, and grounds in the city to have an occasion which praises in the city. The festival comprises of an occasion which includes legacy walks, open talks, displays, verse understanding meetings, open exhibition, food celebrations. The programs for Madras 2015 included heritage walks organized by the Chennai Heritage foundation, quizzes and competitions for children organized by the British Council.

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Legit Originals: Volume 1, Issue 1(October 2020)

Happy to announce that, Legit by Internationalism, The Magazine on Legal Theory by Internationalism, is featured in the Top 100 Legal Blogs of India and hold the rank 56, by Feedspot.

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