The Supreme Court on Tuesday said a five-judge Constitution bench would hear on November 9 the legal issue concerning the scope of legislative and executive powers of the Centre and Delhi government over control of services in the national capital.
The Supreme Court on Thursday held the Maharashtra governor was not justified in calling upon then chief minister Uddhav Thackeray to prove his majority in the assembly on June 30 last year but refused to order the status quo ante, saying he did not face the floor test and resigned.
The Supreme Court said on Tuesday it has to be alive to the fact that the concept of marriage has evolved and must accept the basic proposition that marriage itself is entitled to constitutional protection as it is not just a matter of statutory recognition.
A bench of Justices D Y Chandrachud, Surya Kant, and P S Narasimha made the important observation during an hour-long hearing of the Gyanvapi mosque dispute and said that it has dealt with provisions of the Places of Worship Act in its 2019 Ayodhya verdict and section 3 does not expressly bar ascertaining of the religious character of the place of worship.
The remarks by the CJI came against the backdrop of the recent remarks by Vice President Jagdeep Dhankhar who questioned the landmark 1973 Kesavananda Bharati case verdict that gave the basic structure doctrine.
The top court was hearing a batch of pleas challenging the direction given by the Jammu and Kashmir high court.
The bench left the question open on whether content of files on the basis of which the ban order was passed be given to the channel to enable it to defend itself.
Justice Chandrachud said unlike many countries, India's Constitution was forged by Indians here in New Delhi
The top court said that the proceedings initiated in December 2019 were contrary to the law laid down by the Supreme Court and cannot be sustained.
The top court's verdict came on an appeal of a woman from the North East challenging the Delhi high court order denying her permission to abort her pregnancy out of a consensual relationship after her partner refused to marry and left her.
The Supreme Court made it clear on Thursday it will not allow stalling of the arbitral proceedings pending before the Singapore International Arbitration Centre (SIAC) pertaining to the ongoing legal tussle between US e-commerce major Amazon and the Future Group, saying the sanctity of such proceedings needed to be maintained. "You (Future group and others) cannot keep stultifying the proceeding before the arbitral tribunal and this is just a ploy to delay the proceeding. "These are all ploys by well-heeled parties to delay the arbitration proceeding.
The Supreme Court on Thursday said women, other than cisgender women, may also require access to safe medical termination of pregnancies, while expanding the scope of the MTP Act to include unmarried women with 20-24 weeks pregnancy for abortion.
Justice Ranjan Gogoi, who will demit office as the Chief Justice of India in a week's time, has etched his name in the annals of history by giving finality to one of the most politically and religiously sensitive cases, the Ayodhya land dispute, which dates back to even before the Supreme Court came into existence in 1950.
'Nobody expected it to become a landmark judgment.' 'Because the Supreme Court has expanded the definition of family and included single parents, same sex parents, etc, the scope of looking at families has enhanced.'
The claims were made after the Income Tax department had on July 6 raided 36 premises of the Bengaluru-based Micro Labs Ltd. across nine states.
The bench said it was necessary that question of 'judicial independence is accounted for in the balancing exercise' with RTI.
The top court said the distinction between married and unmarried women under the abortion laws is "artificial and constitutionally unsustainable" and perpetuates the stereotype that only married woman are sexually active.
"Don't treat young doctors as football in the game of power," the Supreme Court said on Monday, warning the Centre that it may pass strictures if it is not satisfied with justification for last minute changes to the NEET Super Speciality Examination 2021 syllabus.
The apex court will hear the matter amidst an important development with a Varanasi court on Monday directed the district administration there to seal the spot of the survey inside the complex where allegedly 'Shivling' has been found by the surveying team.
The Supreme Court on Monday observed it cannot give a 'judicial diktat' for sending children to schools disregarding the possibility of a fresh spike in COVID cases as it refused to entertain a Class 12 student's plea seeking resumption of physical classes across the country.
The Supreme Court has agreed to hear on Wednesday a plea related to the economically weaker section quota in NEET-PG admissions, after the Centre sought urgent hearing in the matter.
'If you were to say today that the government should appoint judges to the high courts and Supreme Court, then I think that even those few good judges that we are getting today we would not get them.'
ACP Shivaji Pawar has been asked to file his affidavit by August 15.
Goswami came out of the jail around 8.30 pm and waved to people assembled outside from the vehicle carrying him, and thanked the Supreme Court for granting him interim bail.
The Solicitor General said, "Leadership develops at the grassroots level and it remains in the state association. By the time, his time comes for being elevated to the BCCI; he has to go for a mandatory three-year cooling-off period. One cannot become a member of the BCCI if he is not an active member of the state association".
The educated, respectable and established Muslims voices, that were on the modernising side on the Shah Bano issue, are fighting on the opposite side now, mostly because they worry about Narendra Modi, observes Shekhar Gupta.
When the governor and chief justice objected to his choice, the UP chief minister just changed the law.
The Supreme Court Monday said the Centre was testing its "patience" and "emasculating" tribunals by not appointing officials to the quasi-judicial bodies which are facing severe crunch of presiding officers as well as judicial and technical members and sought action on the matter by September 13.
'Is the idea of a committed judiciary once again being floated, though surreptitiously, unlike in the past when it was direct?'
The matter came up for hearing before a bench headed by Justice D Y Chandrachud which had on September 15 restrained the channel from telecasting episodes of the programme till further orders, saying 'the intent' of aired episodes 'prima facie' appears to 'vilify' the community.
The high courts of Madras and Delhi have been very critical, making strong observations against the Centre and various authorities for the way they have been handling the severe second wave of COVID-19.
The judgement came on a plea of 'Forum For People's Collective Efforts' , an umbrella homebuyers association, challenging the constitutional validity of West Bengal Housing Industry Regulation Act, 2017, which is more or less identical to the Centre's RERA.
Dealing with the validity of OBC quota, the bench said, "Merit cannot be reduced to narrow definitions of performance in an open competitive examination which only provides formal equality of opportunity. Competitive examinations assess basic current competency to allocate educational resources but are not reflective of excellence, capabilities and potential of an individual which are also shaped by lived experiences, subsequent training and individual character."
The Supreme Court on Wednesday said that One Rank-One Pension (OROP) in Armed forces is a policy decision and suffers from no constitutional infirmity.
The apex court said banning entry of women to Kerala's Sabrimala temple is gender discrimination and the practice violates rights of Hindu women.
An apex court bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said it will soon make the necessary rules for balancing rights of public and protecting dignity of litigants.
This was also part of the right to privacy of the deity, the lawyer said.
The Supreme Court on Wednesday dismissed a plea by former Maharashtra home minister Anil Deshmukh seeking to quash the FIR lodged against him by the Central Bureau of Investigation in a corruption case.
The top court also observed that it cannot be assumed that if a person does not stand up for the national anthem, then he is 'less patriotic'.
"The Air Force and Navy have acted in a more liberal way. However, in the Army, you kept giving them a five-five year's job and never gave permanent commission till the verdict of the Supreme Court. If you are introducing women in the Army then why do you create a bar in NDA," the SC said.
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