Who can recommend the revocation of Article 370 in Jammu and Kashmir when no constituent assembly exists there? The Supreme Court on Wednesday put this question to the petitioners who have challenged the abrogation of the constitutional provision that bestowed special status on the erstwhile state.
Solicitor General Tushar Mehta, appearing for the Centre, told a five-judge Constitution bench headed by Chief Justice D Y Chandrachud, which is hearing a batch of pleas seeking legal validation of same-sex marriage, that the government is positive about the suggestion for exploring administrative steps in this regard.
National Conference leader Mohammed Akbar Lone on Tuesday filed an affidavit in the Supreme Court reiterating his oath as Lok Sabha MP, saying he will preserve and uphold the Constitution and protect the country's territorial integrity, an undertaking that irked the Centre which claimed it added "insult to injury to the nation".
Rajya Sabha sources said he will take oath at 11 am on Thursday. The former CJI was nominated to the Rajya Sabha by President Ram Nath Kovind on March 16.
The bench, which also comprised justices AS Oka, JB Pardiwala, Pankaj Mithal and Manoj Misra, pronounced two separate but concurring judgements in the matter.
None of the four judges -- Justices J Chelameswar, Ranjan Gogoi, M B Lokur and Kurian Joseph -- feature in the list of members of the 5-judge constitution bench.
"Let there be status quo as regards the subject premises for a period of 10 days. List after one week," the bench said.
A day before he steps down, Chief Justice of India Justice KG Balakrishnan came out in strong defence of his colleagues at a time when the credibility and of judiciary has taken a hit. Excerpts from the outgoing CJI's exclusive interview to CNN-IBN:
The Supreme Court on Monday described the violence perpetrated against women in strife-torn Manipur as of "unprecedented magnitude" and refused to consider a plea on similar alleged incidents in opposition-ruled states, such as West Bengal, Rajasthan, Chhattisgarh and Kerala.
The court also asked the Uttar Pradesh authorities to file a status report by Thursday on the accident of the Unnao rape case victim.
Away from the courtroom and legal circles, Nariman was a familiar figure for residents of Hauz Khas who would see him walk regularly, even in the cold winter months of December and January.
The Supreme Court said on Thursday the surrender of Jammu and Kashmir's sovereignty to India was "absolutely complete" with the accession of the former princely state in October 1947, and it was "really difficult" to say that Article 370 of the Constitution, which accorded special status to the erstwhile state, was permanent in nature.
65-year-old Sathasivam, whose appointment triggered debate in legal and political circles on the propriety of giving gubernatorial assignment to a former CJI, is the 23rd governor of the state.
The Supreme Court on Tuesday termed as "unacceptable" the submission that Article 370 of the Constitution ceased to operate once the term of the constituent assembly of Jammu and Kashmir ended in 1957 after drafting the state's constitution.
He also made it clear that judiciary cannot depend on executive in choosing judges.
We don't go by either "popular morality or segmental morality" but what the Constitution mandates, the Supreme Court observed on Wednesday when an argument was advanced before it that young same-sex couples across the country wanted to get married.
A bench of Justices Abhay S Oka and Pankaj Mithal said the observations are completely in violation of the rights of adolescents under Article 21 of the Constitution.
The Collegium's recommendations, if accepted by the Centre, will raise the total number of judges in the apex court to 33 against the sanctioned strength of 34 including the CJI.
Grappling with the intractable issue of Aligarh Muslim University's minority status, the Supreme Court said on Thursday the 1981 amendment to the AMU Act, which effectively accorded it a minority status, only did a "half-hearted job" and not restore to the institution the position it had prior to 1951.
What is an impeachment motion and what is the process to sack an apex court judge? What will happen to the CJI if the impeachment is successfully accepted?
The Supreme Court on Thursday directed the Centre and the Assam government to provide extensive data, including those on the number of Bangladeshi immigrants granted Indian citizenship in Assam between January 1, 1966 and March 25, 1971, while taking note of pleas that illegal immigration has impacted demography and cultural fabric of the border state.
Karnataka high court Chief Justice P D Dinakaran's elevation to the Supreme Court has been kept in abeyance in view of the impeachment proceedings against him in the Rajya Sabha over land grabbing allegations, Chief Justice of India K G Balakrishnan said on Friday.
The Supreme Court, which is hearing arguments on a batch of pleas seeking legal sanction for same-sex marriage, said on Thursday that the inflow of cases in the apex court is so heavy that it is impossible to list Constitution bench matters unless the time taken to argue is rationed.
Taking note of a plea of an Aam Aadmi Party councillor alleging wrongdoing in the polls, the court issued notices to the Chandigarh authorities, including the civic body.
A five-judge Constitution bench headed by Chief Justice D Y Chandrachud told Solicitor General Tushar Mehta, appearing for the Centre, that the nature and tenability of the preliminary objection will depend on the canvass the petitioners open up and the court wants to have a view of their argument.
One of the most important cases which have political implications is the Ayodhya land dispute case.
Four special benches will start functioning in the Supreme Court from next week to hear criminal appeals, direct and indirect tax and land acquisition matters and motor accident claim cases, Chief Justice of India Justice D Y Chandrachud said on Wednesday.
MPs and MLAs taking bribes to vote or make a speech in the house are not immune from prosecution, the Supreme Court said on Monday in a landmark, unanimous verdict that overrules its 1998 judgment protecting such lawmakers.
He also said nation can't progress unless judiciary gets ready to handle the challenges.
The central government's response was conveyed to the court by Solicitor General Tushar Mehta, after a five-judge constitution bench headed by Chief Justice DY Chandrachud, hearing the pleas challenging the abrogation of Article 370, asked it to set a specific time frame for restoration of electoral democracy in the erstwhile state.
The Centre told the Supreme Court on Wednesday that almost every country, including India, was grappling with the problem of use of black money in elections and the electoral bonds scheme was a "conscious attempt" to eradicate the menace of "unclean money" in the poll process.
"Go to the Supreme Court," said the bench to NGO Anti Corruption Council of India, which had said publication of allegations against the CJI directly hit the Indian judicial system.
There is ambiguity as some top leaders are not comfortable about moving the motion.
Muslim body Anjuman Intezamia Masjid committee on Thursday moved the Supreme Court against the Allahabad high court order permitting an Archaeological Survey of India (ASI) survey at the Gyanvapi mosque.
Justice Misra, 63, has been a part of several key verdicts.
"We will work out the parameters then we will see as to how mentioning will be done," he said.
The Supreme Court on Monday said that it will constitute a fresh bench to hear the plea of home buyers seeking delivery of their homes booked with the Amprapali group. A bench comprising Chief Justice D Y Chandrachud and Justice J B Pardiwala was urged by a counsel for home buyers to set up a fresh bench as the matters pertaining to the Amrapali group were being heard by a bench headed by the then CJI U U Lalit, who demitted office on November 8. "I will constitute a bench," the CJI said. The plea was mentioned by lawyer M L Lahoty, appearing for home buyers.
The top court, meanwhile, permitted the state government to amend its plea to seek issuance of guidelines for the governors on grant or decline of assent to the bills passed by the assembly in a time-bound manner.
Driven by the winds of globalisation, people are moving towards a global culture which is emerging as a threat to local cultural symbols and identities, even as social media, television and pop culture glamorise a particular way of life that the people are sadly "blindly aping", Chief Justice of India N V Ramana said on Friday.
Chief Information Commissioner Shailesh Gandhi has written to Chief Justice of India S H Kapadia about his recent remarks that irrelevant RTI queries hampered the work of judiciary, saying this may "dampen the RTI journey" of the country.
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