5 February, 2025 Today's Top Indian/ National News

1) Delhi Assembly election 2025 LIVE updates: Chief Minister Atishi, Governor Vinai Kumar Saxena cast vote: Voting began for the high-octane Delhi Assembly polls, where over 1.56 crore electors are set to seal the fate of candidates as all 70 Assembly constituencies are voting in a single phase today with a total of 13,766 polling stations set up at 2,696 polling locations. A paid holiday has been declared for employees in both government and private sectors. Uttar Pradesh and Haryana have also announced a paid holiday due to the elections in the National Capital. With voter turnout expected to play a decisive role, all eyes are on Delhi’s electorate as they head to the polling booths. In the 2020 assembly polls, Delhi had recorded a voter turnout of 62.59% while only 56% of voters participated in the 2024 Lok Sabha elections. Polling is scheduled to continue until 6 p.m. There are 699 candidates in the fray, with the Aam Aadmi Party and Congress fielding 70 candidates each, while the Bharatiya Janata Party has fielded 68 candidates, giving two seats to its allies — JD(U) and LJP. In the national capital’s seat of power — New Delhi constituency — where AAP chief Arvind Kejriwal is fighting to retain his seat, the BJP and Congress have fielded sons of former Chief Ministers Parvesh Sahib Singh and Sandeep Dikshit, respectively.

2) As US sends military plane to India, what to know of Trump’s mass deportation efforts: Ever since US President Donald Trump came back to power, the new administration has prioritised his anti-immigrant agenda. On Tuesday, news agency Reuters reported that a US military plane was headed to India, carrying deported migrants. Last month, New Delhi had said it was willing to take back undocumented migrants if they were confirmed Indian nationals. So far, similar military aircraft carrying migrants have flown from the US to Guatemala, Peru and Honduras. This comes amid a spate of anti-immigrant measures instituted by Trump to weed out illegal aliens in the US. Here’s what you need to know:-

a) Who is being deported from the US?:-  How many Indians will be affected?:- The Trump administration is targeting undocumented or illegal migrants in the country. According to the New York Times, the military planes to Latin America so far have carried people apprehended under the previous Joe Biden administration. At least 20,407 "undocumented" Indians could be on the Trump administration's radar. Of these, 17,940 "paperless" Indians were under "final removal orders", and another 2,467 are in detention under the Enforcement and Removal Operations (ERO) of the US Immigration and Customs Enforcement (ICE) agency. Citing official sources, CNBC reported that as many as 200 undocumented migrants were on the C-17 military aircraft flying to India. Moreover, Pew Research Center data shows that a total of 7,25,000 Indians made up the third-largest "unauthorised immigrant" population in the US in 2022.

b) The cost and logistics of deportation:- The use of military aircraft marks a departure from usual deportations carried out by ICE on commercial charters. The Trump administration has employed both commercial flights and military aircraft for its latest spate of deportations. However, the military aircraft have garnered international attention after the Colombian president refused to let one land in his country on January 26. Receiving countries have also protested the use of handcuffs and chains for deportees. According to news agency Reuters, the US is spending large sums of money on these flights. A military flight that landed in Guatemala on January 27 likely cost at least $4,675 (over Rs 4,07,000) per migrant. The flight was carrying 64 migrants.

c) Trump's sweeping anti-immigrant drive:- On his first day in office, Trump declared illegal immigration a "national emergency" and instituted several measures to weed out illegal aliens. In a first, Trump has allowed ICE to tap into other federal agencies, including the FBI, Drug Enforcement Administration, and the Border Patrol, to find, arrest and deport illegal migrants. He has also empowered the Defence Secretary to send troops to the border as needed. Trump also junked guidelines that prevented immigration agencies from carrying out arrests at sensitive locations like schools, hospitals and churches. The Biden administration had granted "parole" to people who are in legal entanglement over their immigration status. Trump has said that these people could be deported as well. The new administration has also shut down the CBP One mobile application under the Customs and Border Patrol agency that allowed migrants to schedule appointments at border entry points. Trump also ended birthright citizenship for children born to undocumented immigrants, and has dismantled refugee programs.

d) US ramps up arrests, detention:- While undocumented migrants await deportation, which also requires cooperation from receiving countries, the Trump administration has decided to ramp up its detention facilities. On January 29, Trump announced that they would build a migrant detention facility at Guantanamo Bay, infamous for housing terrorism suspects after the 9/11 terror attack. The facility is expected to house as many as 30,000 migrants. The US military has also offered to use the Buckley Space Force Base in Colorado to detain migrants. The US requires more detention space given the increase in arrests by ICE, helped by other federal agencies. According to Reuters, ICE arrested about 1,000 people in just the last week of January, which is about three times the daily average last year.

e) Trump's tariff leverage:- Recent developments have shown that Trump is willing to use America's economic might to get other countries in line. When Colombia refused to let the military plane land, Trump retaliated with 25 per cent tariffs on all Colombian goods. Colombia promptly sent its planes to bring back deportees, preventing a trade war with its largest trading partner. On Saturday, Trump announced 25 per cent tariffs on his top trading partners and neighbours, Canada and Mexico over the flow of illegal migrants and drugs across borders. By late Sunday, Canada and Mexico had struck last-minute deals in exchange for a 30-day pause on tariffs. Both countries have agreed to ramp up border enforcement. Last week, House of Representatives Speaker Mike Johnson warned that the US Congress was willing to pass sanctions on countries which refuse to cooperate with the Trump administration’s order on deportation of undocumented immigrants.

Trump’s anti-immigrant rhetoric was key to his campaign in the run-up to the US elections in 2024. India’s offer to take back undocumented migrants comes on the back of concerns over any hindrances to legal migration, amid intense debates over the H-1B visa programme in the US. After his victory, a section of Trump supporters wanted an end to the H-1B programme which allows US firms to hire specially-skilled foreign workers. Several others, including Trump’s trusted ally and billionaire Elon Musk, had argued that while the H-1B scheme needed changes, it benefitted the US economy as a whole.

3) FIR lodged against Arvind Kejriwal over Yamuna water remarks, allegations against Haryana govt:- An FIR has been registered against Aam Aadmi Party (AAP) national convenor and former Delhi chief minister Arvind Kejriwal over his statements regarding the Yamuna river water and allegations against the Haryana government. Following a court order, hours before the Delhi elections, FIR was lodged at Shahabad Police Station in Kurukshetra, Haryana, against Kejriwal and other unidentified AAP members under various sections of the Bharatiya Nyaya Sanhita (BNS). 

a) Haryana govt's legal action against Kejriwal:- Facing political attacks from BJP leaders, Kejriwal now finds himself entangled in legal trouble over his remarks on the Yamuna. The Haryana government earlier this week filed a criminal complaint against him. with Haryana Revenue and Disaster Management Minister Vipul Goel confirming that a case has been registered against Kejriwal in a Sonipat court under the Disaster Management Act. Speaking to journalists after chairing a meeting of the urban local bodied department, Goel criticised Kejriwal's remarks as "absurd and misleading." He demanded that the Election Commission take strict cognisance of such "baseless statements," accusing the former Delhi CM of engaging in "cheap politics" ahead of the elections. "The water supplied to Delhi is the same water consumed by the President, Prime Minister and Union Ministers," Goel said, accusing Kejriwal of spreading fear among both Delhi and Haryana's citizens with his claim. He also blamed the Delhi government for failing to clean the Yamuna, stating that only 17 out of 37 sewage treatment plants in Delhi are operational. "Kejriwal has an old habit of covering up his failures by making false statements," Goel alleged. "This mismanagement is not only affecting the people of Delhi but also those living in Haryana's Faridabad, Palwal and Mewat districts." The development comes on the same day Kejriwal met with the Election Commission, where he raised concerns about violence and voter suppression ahead of the polls. After the meeting, Kejriwal stated: "The Election Commission made an exception today for meeting us since they normally do not entertain parties during the silent period. We thank them. We raised some issues because of which there has been violence and hooliganism in some places. The EC has assured us of strict action, and that unbiased elections will be held. We also warned them of large- scale voter suppression... There are also chances that on a large scale, fingers of people are forcibly inked tonight and they are threatened into not voting tomorrow."

4) 'Why TN Governor Unable To Decide On Bills & Referring Them To President?:- We Want To Know' : Supreme Court Hears Tamil Nadu Govt's Pleas: The Supreme Court today heard the two writ petitions filed by the Tamil Nadu Government against the Governor, Dr. RN Ravi, for withholding assent for the bills(some of which relate to removing the Governor from the post of Vice-Chancellor of the various universities) passed by the Legislative Assembly between 2020 and 2023. They were submitted for the Governor's assent between January 13, 2020, and April 28, 2023. Several files relating to the decision of the Government regarding the grant of premature release of prisoners, sanction for prosecution and the appointment of members of the Tamil Nadu Service Commission are also pending approval before the Governor. They were submitted between April 10, 2022 and 15 May, 2023. As per the chronology of the events, on November 13, 2023, the Governor declared he was withholding assent on 10 Bills. Following this, the Tamil Nadu Legislative Assembly convened a special session on November 18, 2023 and re-enacted those Bills. While the matter was sub-judice, on November 28, the Governor referred some Bills to the President, after the Assembly re-enacted them following the Governor's earlier declaration that he was withholding his assent. This was after the Supreme Court had questioned the Governor for sitting over Bills pending his assent since January 2020. In fact, in November 2023, when the notice was issued in the first writ petition, the Court termed the Governor's inaction a "matter of serious concern". Today, before a bench of Justices J.B. Pardiwala and R. Mahadevan, Senior Advocates Mukul Rohatgi (appearing for Tamil Nadu Government in the first petition) and Abhishek Manu Singhvi (appearing for Tamil Nadu Government in the second writ petition) both discussed the interpretation of Article 200.

a) Mukul Rohatgi's arguments:- Rohatgi argued that once the Governor says that he was withholding assent, the option of sending those bills to the President for reconsideration does not arise and the Governor is bound to give assent after the assembly re-enacts the bills. He added: "If he[Governor] does not do that, the entire system of democracy fails." Rohatgi argued that is nothing but a "subversion" to the Constitution. He has prayed for the Court to make a declaration that the Governor did not act in accordance with Article 200. It should be noted that when the Tamil Nadu matter was filed, a similar issue in the State of Punjab was going on. On November 23, 2023, a bench headed by former Chief Justice of India D.Y. Chandrachud, comprising Justices Pardiwala and Manoj Misra observed that if a Governor decides to withhold assent to the Bill, then he has to return the Bill to the legislature for reconsideration. This was to clarify a situation which may not be explicitly stated in the Constitution as to what is to be done after the Governor withholds the assent for a Bill. Justice Pardiwala inquired what happens to a situation where the Bill is sent to the State legislature and is re-enacted but not to the satisfaction of the Governor. Rohatgi responded: "He has no choice. Suppose he says the whole Bill is unconstitutional or parts require a review. He sends it back with this message, then this will be deliberated by the House. The House after that message either accepts his views and amends the Act or go by its decision. Otherwise, the system of democracy will fail in this country. One hand, there are crores of people and on the other, there are delegates who are doing their job. The one person, however high its office may be, he has to according to the Constitution."

b) Singhvi's arguments:- Singhvi argued that this was a case of the Governor simply doing "nothing". As per Singhvi, in the first part of Article 200, he can grant assent or send it to the President for reconsideration. The option of referring to the President has to be done at the first instance and not as an afterthought. Now, the Governor can exercise the option of sending it back to the State legislature as per the first proviso (this is what is referred to as withholding the assent). If he does so, and if the State legislature reconsiders it and sends it back, the Governor has "no option but to grant assent". After this stage, the Governor no longer can reserve the bill for the President's assent. Singhvi added that however in the rare exception, as envisaged in the last proviso, the Governor can do so if the Bill intends to derogate the powers of the High Court. When Justice Paradiwala questioned if the second proviso is a proviso to the first proviso, Singhvi answered it affirmatively. That is, the only exception to 'shall not withhold assent' in first proviso is the second proviso which relates to the High Court issue. Further, Singhvi referred to the November 23 order and argued that despite the matter being sub-judice, on November 28, the reenacted Bills were sent to the President in the second round of referral. As against this, the Attorney General of India R. Venkataramani, in one of those hearings, had stated that the proviso where the Bill is sent for the State legislature for reconsideration can only be exercised when the Governor returns the Bill which did not happen in this case. Today as well, Venkataramani clarified that the Bills were returned not for re-enactment but the Governor had simply clarified that he is withholding assent. He said: "Once he withholds assent, it does not fall under the first proviso." At one point in time, Justice Pardiwala was interested to know what is the scheme of sending the Bills to the President by the Governor. He added: "Why is the Governor unable to take decision and why is he referring to the President of the country? We would like to understand...Now, a third thing has come that I outright decline to grant 'assent'. Rightly or wrongly, the Governor says so that I am not referring it to the assembly also I am not sending it to the President. But I am not granting 'assent'..This is what it appears it has happened here." Singhvi responded: "He is creating a new Constitution for himself...The argument not at all sanctified by the Constitution and never accepted is that I told the assembly I am withholding assent. That does not amount to Bills being reenacted. And it allows a reference to the President. That is nothing illegal argument...See the violence it takes place by tinkering like this with the Constitution." Reference was made to the 1974 judgment of the Shamsher Singh & Anr vs State Of Punjab on the constitutional interpretation of Article 200. Senior Advocate P. Wilson also made brief submissions and referred to the Supreme Court earlier chastising the Governor for not administering oath to a Minister after his conviction was suspended. In the first matter against the sitting Governor, the issue raised by the Tamil Nadu Government is that the Governor has been sitting over several bills passed by the legislature and files submitted by the State Government. It has been argued that as per Article 200 of the Indian Constitution, the Governor is obliged to return the Bill "as soon as possible". It is the State's plea that the Governor is acting as "political rival" which has resulted in a "constitutional deadlock". In another matter, the Tamil Nadu Government has challenged the three notifications unilaterally issued by the Governor for constituting search-and-selection committees for the appointment of Vice-Chancellor in the Bharathiar University, Tamil Nadu Teachers Education University and Madras University. The Court will continue to hear the matter on Thursday where the Attorney General for India R Venkataramani will argue for Governor. As the bench was about to rise, Justice Pardiwala told AG to make efforts to resolve the issue "over a cup of coffee" in the next twenty-four hours. If there is no breakthrough, the matter will be decided as per merits, the judge said.

5) "He Wouldn't Be Part Of INDIA Bloc If...":-  Congress Leader Jabs Arvind Kejriwal:- Senior Congress leader Pawan Khera on Tuesday said that Aam Aadmi Party (AAP) national convenor Arvind Kejriwal wouldn't have been part of the INDIA bloc if it was up to Congress. "If Congress was given a choice, I don't think he (Arvind Kejriwal) would have been a part (of the INDIA bloc). I don't think we on our own took him or dumped him. He dumped himself out," Mr Khera told ANI in an interview. Reacting to AAP's announcement in Haryana and Delhi assembly elections to contest on all seats, Mr Khera in a veil reference to Mr Kejriwal said, "If someone has megalomania, there's no cure for it." "The biggest party is responsible for keeping any alliance together. We tried to do that. However, if someone has megalomania, there's no cure to that. The (Delhi assembly) elections will tell whether he is permanent," Mr Khera added. When asked about Congress leadership's thoughts about the rise of AAP in Punjab, Goa and Delhi, Mr Khera said that there was a need to think about the long-term game, which requires getting rid of the Bharatiya Janata Party (BJP) since they were the real enemies who took away Congress' votes. "In any political party and politics, different people play different games: short-term, medium-term and long-term. All three are required. Some of us must play the short-term game and some of us must be obsessed with the long-term game, which is to get rid of them (BJP). They are our real enemies. They took our votes away. Defeating them is necessary," Mr Khera explained. When asked if Congress would extend support to AAP in case of a hung assembly, Mr Khera said that it was unlikely to happen since the people of Delhi will vote decisively as they have done in the previous elections. "This event will not occur since Delhi will vote decisively as it did in the past two elections. I don't think (the people of) Delhi have any confusion. If it happens, we will have another round of elections. But I don't think this will happen," Mr Khera said. When asked about Congress' allying with Shiv Sena (Uddhav Balasaheb Thackeray), Mr Khera said that there was a difference between Shiv Sena and AAP as the latter has no ideology. He further accused Mr Kejriwal of treating 'rajdharma' as a business transaction. "There's a huge difference between Shiv Sena and AAP, between BJP and AAP. Any party which has 10 per cent ideology is better than AAP which has no ideology. Is transaction politics? I will work for you if you vote for me. It is my rajdharma to work whether you vote for me or not. If I am in the government, I will provide you with water (facilities) and electricity. That's my rajdharma. But he also does business in this. This is not ideological," Mr Khera said.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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