WEDNESDAY 06 NOVEMBER 2024 www.thestatesman.com X.com/thestatesmanltd. Fb/thestatesman1875 INDIA’S NATIONAL NEWSPAPER SINCE 1818 Pages 16 |` 5.00|LC KOLKATA | NEW DELHI | SILIGURI | BHUBANESWAR SALMAN KHAN GETS ANOTHER DEATH THREAT DON’T WANT TO CONTEST ANY MORE ELECTIONS: PAWAR P13 SENSEX 79,476.63p694.39 WEATHER Partly cloudy sky. Maximum and Minimum Temperature most likely to be around 31˚C and 23˚C respectively. RAINFALL: 0.0 mm RELATIVE HUMIDITY Max. 95% TEMPERATURE Max: 31.0˚C (-0.1) SUN RISES 05:43 hrs MOON RISES 09:02 hrs P5 NIFTY 24,213.30p217.95 P9 GOLD 80,240.00 q 160 ` vs $ 84.11 Not all pvt. property can be taken over by govt: SC Min: 24.1˚C (+1.9) SUN SETS 16:57 hrs MOON SETS 19:41 hrs Full Moon on 16 November THUMBNAILS A view of an elephant family sculpture unveiled by Delhi Lt. Governor Vinai Kumar Saxena with MP Bansuri Swaraj at RML Hospital Roundabout in the capital on Tuesday. n SNS Train fired on in Odisha: An unidentified miscreant allegedly fired gunshots at a moving train in Odisha on Tuesday causing damage to the window of the guard van. While no injury has been caused , the government railway police has launched an investigation into the incident. The incident took place in the Bhadrak- Baudpur section at about 9:30 a.m. “ AGENCIES this Court is unable to subscribe to the expansive view adopted in the minority judgement authored by Justice Krishna Iyer in Ranganatha Reddy and subsequently relied on by this Court in Sanjeev Coke. Not every resource owned by an individual can be considered a ‘material resource of the community' merely because it meets the qualifier of ‘material needs.” NEW DELHI, 5 NOVEMBER A nine-judge bench of the Supreme Court on Tuesday by a majority judgment ruled that not all private properties are attributable as ‘material resources of the community’ under Article 39(b) of the Constitution and can’t be taken over by the State to subserve the “common good”. The majority verdict authored by Chief Justice D.Y. Chandrachud said that interpretation that every privately-owned property could be used by the state as material resource to “subserve the common good” postulated a “rigid economic theory which advocates greater state control of private resources”. Chief Justice Chandrachud, also speaking for Justices Hrishikesh Roy, J.B. Pardiwala, Manoj Misra, Rajesh Bindal, Satish Chandra Sharma and Augustine George Masih overruled several verdicts THE SUPREME COURT post 1978 that had adopted the socialist theme and ruled that the State could take over all private properties for the common good. Holding that Article 31C, to the extent that it was upheld in Kesavananda Bharati v Union of India remains in force, the majority judgment said: “The direct question referred to this bench is whether the phrase ‘material resources of the community’ used in Article 39(b) includes privately owned resources. Theo- retically, the answer is yes, the phrase may include privately owned resources. However, this Court is unable to subscribe to the expansive view adopted in the minority judgement authored by Justice Krishna Iyer in Ranganatha Reddy and subsequently relied on by this Court in Sanjeev Coke. Not every resource owned by an individual can be considered a ‘material resource of the community’ merely because it meets the qualifier of ‘material needs.” Partially concurring with the majority opinion, Justice B.V. Nagarathna gave a separate judgment, while Justice Sudhanshu Dhulia dissented with the majority view on all aspects. Justice Nagarathna, joined by Justice Dhulia, also expressed strong reservations over the criticism in the majority judgment of former Supreme Court judges, including Justice V.R. Krishna Iyer, for their views on whether private property can be taken over by the State to subserve the common good. Justice Nagarathna has Canada making allegations without India makes formal bid to providing specifics: EAM Jaishankar host 2036 Olympic games AGENCIES STATESMAN NEWS SERVICE NEW DELHI, 5 NOVEMBER External Affairs Minister S Jaishankar on Tuesday said the attack on a Hindu temple at Brampton in Canada on Sunday was “deeply concerning” and accused Ottawa of making allegations against India in the killing of Hardeep Singh Nijjar without providing specifics. “What happened at the Hindu temple in Canada was obviously deeply concerning. And you would have seen the statement first by (the MEA) official spokesperson and also the expression of concern by our Prime Minister yesterday. So that should, I think, convey to you how deeply we feel about it,” he said at a joint press conference with Australian Foreign Minister Penny Wong after talks between them in Canberra. Canada, he said, is putting Indian diplomats under surveillance, which is something unacceptable to India. Mr Jaishankar also spoke about political space being given to extremist voices in Canada. “So we believe in freedoms, we also believe freedom should not be abused, and have had a talk about it, exactly on the lines,” he added. The Australian minister said she raised with Mr Jaishankar the charges levelled by Canada about the involvement of Indian agents in Nijjar's killing. “We have made clear our concerns about the allegations under investigation. We've said that we respect Canada's judicial process. We convey our views to India as you would expect us to do. And we have a principle position in relation to matters such as the rule of law and the independence of the judiciary and also frankly the sovereignty of all countries,” she said in response to a question. In the context of the Sikh community in Australia, Ms Wong said people have a right to be safe and respected regardless of who they are in her country. NEW DELHI, 5 NOVEMBER India has officially bid to host the 2036 edition of the Olympic and Paralympic Games in the country. The Indian Olympic Association (IOA) on 1 October formally sent a 'Letter of Intent' to the International Olympic Committee's (IOC) Future Host Commission expressing India's interest in hosting the Olympic and Paralympic Games in 2036, according to sources in the Ministry of Youth Affairs and Sports. India ended its campaign at the recently concluded Paris Olympics with six medals, including five bronze and a silver. Earlier in September, Prime Minister Narendra Modi said that India is putting in all possible efforts to host the 2036 edition of the Olympic Games. A decision on the host will not be taken before the IOC elections next year and India will also have to face competition from several other nations like Saudi Arabia, Qatar and Turkey, which are also expected to bid to host the sporting spectacle. However, with the submission of a 'Letter of Intent', the nation has progressed from "Informal Dialogue" to the "Continuous Dialogue" stage of the host election process. In this stage, the IOC conducts a "feasibility study" of the progress of projects associated with the Games in the potential host. America reaches Election Day, and a stark choice between Trump and Harris AGENCIES WASHINGTON, 5 NOVEMBER A presidential campaign marked by upheaval and rancor approached its finale on Election Day as Americans decided whether to send Donald Trump back to the White House or elevate Kamala Harris to the Oval Office. Polls opened across the nation Tuesday morning as voters faced a stark choice between two candidates who have offered drastically different temperaments and visions for the world’s largest economy and dominant military power. Ms Harris, the Democratic vice president, stands to be the first female president if elected. She has promised to work across the aisle to tackle economic worries and other issues without radically departing from the course set by President Joe Biden. Mr Trump, the Republican former president, has vowed to replace thousands of federal workers with loyalists, impose sweeping tariffs on allies and foes alike, and stage the largest deportation operation in US history. The candidates spent the waning hours of the campaign overlapping in Pennsylvania, the biggest battleground state. They were trying to energise their bases as well as Americans still on the fence or debating whether to vote at all. Ms Harris and Mr Trump entered Election Day focused on seven battleground states, five of them carried by Mr Trump in 2016 before flipping to Biden in 2020: the “blue wall” of Pennsylvania, Michigan and Wisconsin as well as Arizona and Georgia. Nevada and North Carolina, which Democrats and Republicans respectively carried in the last two elections, also were closely contested. The closeness of the race and the number of states in play raised the likelihood that once again a victor might not be known on election night. There was one early harbinger from the New Hampshire hamlet of Dixville Notch, which by tradition votes after midnight on Election Day. Dixville Notch split between Trump and Harris, with three votes for each. Mr Trump planned to vote in his adopted home state of Florida on Tuesday, then spend the day at his Mar-a-Lago estate in advance of a party at a nearby convention center. Ms Harris already voted by mail in her home state of California. She’ll have a watch party at her alma mater, Howard University in Washington. Ms Harris (60), would be the first woman, Black woman and person of South Asian descent to serve as president. She also would be the first sitting vice president to win the White House in 32 years. A victory would cap a whirlwind campaign unlike any other in American history. Ms Harris ascended to the top of the Democratic ticket less than four months ago after Mr Biden, facing massive pres- sure from his party after a disastrous debate performance, ended his reelection bid. Mr Trump (78), would be the oldest president ever elected. He would also be the first defeated president in 132 years to win another term in the White House, and the first person convicted of a felony to take over the Oval Office. Having left Washington abandoned by some allies after 6 January, Mr Trump defeated younger rivals in the Republican primary and consolidated the support of longtime allies and harsh critics within his party. He survived one assassination attempt by millimeters at a July rally. Secret Service agents foiled a second attempt in September. A victory for Mr Trump would affirm that enough voters put aside warnings from many of Mr Trump’s former aides or instead prioritised concerns about Mr Biden and Ms Harris’ stewardship of the economy or the US-Mexico border. (See also Page 10) P16 SILVER 96,000 q 1,000 The 7-2 verdict overruled several verdicts after 1978 that had adopted the socialist theme and ruled that the State could take over all private properties for the common good Min. 54% ‘NZ HUMILIATION COULD AWAKEN SLEEPING GIANT INDIA’ A WORLD SPIRALLING OUT OF CONTROL objected to CJI Chandrachud for saying “The doctrinal error in the Krishna Iyer approach was, postulating a rigid economic theory, which advocates for greater state control over private resources, as the exclusive basis for constitutional governance.” Having said that not all private properties can be acquired by the government for common good under Article 39(b), the majority judgment said, however, that the State can stake claim over private properties in certain cases. The top court judgment came while adjudicating the question whether material resources of the community under Article 39(b), which states that the government should create policies to share community resources fairly for the common good, includes privately owned resources. The verdict is based on the petitions that initially came up in 1992 and subsequently way back in 2002 were referred to a nine-judge bench. BRENT CRUDE (IN $) 75.46p0.38 Supreme Court upholds validity of UP Madarsa Act PARMOD KUMAR NEW DELHI, 5 NOVEMBER The Supreme Court on Tuesday upheld the constitutional validity of the 'Uttar Pradesh Board of Madarsa Education Act 2004’, setting aside the 22 March Allahabad High Court judgment which had struck down the Act as unconstitutional on the grounds of its being ‘non-secular’. While making the ruling, a bench of the court headed by the Chief Justice of India, D Y Chandrachud, however, held that the provisions of the 'Uttar Pradesh Board of Madarsa Education Act 2004’ regulating higher education degrees of fazil and kamil, are unconstitutional, being in conflict with the University Grant Commission Act. “The Madarsa Act is within the legislative competence of the State legislature and traceable to Entry 25 of List III. However, the provisions of the Madarsa Act which seek to regulate higher-education degrees, such as Fazil and Kamil are unconstitutional as they are in conflict with the UGC Act, which has been enacted under Entry 66 of List I,” said the court in the judgment pronounced today. Leading a bench also comprising Justices J.B. Pardiwala and Manoj Misra, Chief Justice Chandrachud said: “The Madarsa Act is consistent with the positive obligation of the State to ensure that students studying in recognised Madarsas attain a level of competency which will allow them to effectively participate in society and earn a living…the right to administer minority educational institutions is not absolute. The right to administer educational institutions implies an obligation and duty of minority institutions to provide a standard of education to the students.” The Allahabad High Court had struck down the 'Uttar Pradesh Board of Madarsa Education Act 2004’ for violating principles of secularism - a facet of the basic structure of the Constitution. Parl’s Winter Session to commence from 25 Nov STATESMAN NEWS SERVICE NEW DELHI, 5 NOVEMBER The Winter Session of Parliament will start from 25 November and continue till 20 December, Parliamentary Affairs Minister Kiren Rijiju announced. In a post on X on Tuesday, Mr Rijiju said: “President, on the recommendation of Government of India, has approved the proposal for summoning ofboththeHousesofParliament for the Winter Session, 2024 from 25th November to 20th December, 2024 (subject to exigencies of parliamentary busi- ness).” He added that the 75th anniversary of the adoption of the Constitution would be celebrated on 26 November in the CentralHallofSamvidhanSadan. The Budget Session of Parliamen which began on 22 July was adjourned sine die on 9 August.