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.
The Supreme Court on Tuesday constituted another five-judge Constitution bench which will hear five crucial cases including the challenge to the central government's 2016 decision to demonetise Rs 500 and Rs 1000 currency notes.
Referring to section 6A of the Citizenship Act applicable exclusively to Assam, a five-judge constitution bench headed by Chief Justice DY Chandrachud said governments have to make compromises for the overall well-being of the nation.
It noted that the self-regulatory mechanism can be strengthened after taking note of all existing material, including the inputs of former apex court judges.
Meanwhile, Opposition bloc Maha Vikas Aghadi said the verdict will determine if democracy "exists" in the country and judiciary "functions" independently.
The bid to extend the tenure of the present chief secretary is the latest bone of contention between the Arvind Kejriwal government and Lieutenant Governor VK Saxena, who have been involved in a series of run-ins over various issues.
Observing that biased reporting gives rise to public suspicion that the person has committed an offence, a bench headed by Chief Justice D Y Chandrachud said media reports can also violate the privacy of a victim.
While asking the Centre to set up the delimitation panel, the top court, however, said it cannot direct Parliament to amend or make laws for giving proper representation to other communities that form part of the STs as that would amount to "venturing into the legislative domain".
The Supreme Court on Wednesday refused to entertain pleas seeking a direction to the Centre to frame religion and gender-neutral uniform laws governing subjects like marriage, divorce, inheritance and alimony, saying it cannot direct Parliament to "enact the law".
A bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala asked petitioner Swami Avimukteshwaranand Saraswati to approach the Uttarakhand high court with his petition.
The judgement has dealt with the question whether the share of such children is limited only to the self-acquired property of their parents under Section 16(3) of the Hindu Marriage Act.
The PIL said the independent expert committee should be asked to submit its report within four weeks and direction be issued for action against state agencies for dereliction of duty.
Setting a precedent, the Supreme Court collegium headed by Chief Justice DY Chandrachud has recommended a retired district judge for appointment as judge of the Madhya Pradesh high court.
The Supreme Court on Tuesday denied bail to Christian Michel James, an alleged middlemen in the AgustaWestland chopper scam cases, who is being probed by both the CBI and the Enforcement Directorate.
The Centre told the Supreme Court on Tuesday a new data protection bill is ready and will be introduced in the monsoon session of Parliament in July, as the apex court heard a matter related to privacy concerns of social media users.
The remarks of the bench came after advocate MS Dhingra, appearing for UP legislative council chairman's office, sought time to file the reply.
A three-judge bench of Chief Justice DY Chandrachud and justices PS Narasimha and JB Pardiwala adjourned the hearing to March 17 as it had run out of time.
The Uttar Pradesh police on Tuesday constituted a Special Investigation Team (SIT) for a "transparent" and expeditious probe into cases lodged against Alt News co-founder Mohammad Zubair in various districts of the state, a senior official said.
Mishra said that the court has fixed July 7 for the next hearing.
The SNJPC recommendations cover pay structure, pension and family pension and allowances besides dealing with the issue of establishing a permanent mechanism to determine subjects of service conditions of district judiciary.
The top court said it needs to go through the case files and posted the matter for hearing at 3:30 pm on Wednesday
The Supreme Court on Monday asked National Conference leader Mohammed Akbar Lone to file an affidavit swearing allegiance to the Constitution of India and accepting the country's sovereignty, after the 'Pakistan zindabad' slogan that he allegedly raised in the Jammu and Kashmir assembly in 2018 kicked up a massive row.
He would have a tenure of two years and is due to retire on November 10, 2024.
The Supreme Court on Monday reconsidered a plea for urgent hearing of a petition challenging the appointment of lawyer Lekshmana Chandra Victoria Gowri as an additional judge of the Madras high court, and advanced the date of hearing to February 7 from February 10.
The Supreme Court said on Thursday it will examine the larger constitutional issue of challenge to the validity of extrajudicial divorce like 'talaq-e-hasan' among Muslims.
The Supreme Court on Wednesday agreed to re-examine its 1998 judgment granting MPs and MLAs immunity from prosecution for taking bribe to make a speech or vote in Parliament or state legislatures.
The Supreme Court, examining whether states can sub-classify Scheduled Castes and Scheduled Tribes for grant of quota inside quota, on Wednesday said all SCs and STs may not be homogeneous in terms of their sociological, economic, education and social status.
The bench posed questions to senior advocate Gopal Sankaranarayanan, appearing for one of the petitioners Soayib Qureshi, who has challenged the Centre's August 5, 2019 decision to abrogate the provision.
The court then issued a notice to the state government on the bail pleas of Abdul Raheman Dhantia alias Kankatto, Abdul Sattar Ibrahim Gaddi Asla and others.
The policy of a state government for grant of remission existent at the time of conviction will be applicable while deciding the petition of a convict sentenced to life imprisonment seeking premature release, the Supreme Court ruled on Tuesday.
The Supreme Court on Thursday ruled that the Goods and Service Tax (GST) Council's recommendations are not binding on Union and State but have a persuasive value as the country has a cooperative federal structure.
A bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra also took note of the affidavit of the Manipur chief secretary that there was no short supply of basic commodities like food and medicines for people facing economic blockade.
The bench said that multiple local factors made it difficult for the top court to "frame uniform or standard guideline for trial courts across the length and breadth of this country" and it left the issue of ensuring speedy trial to the high courts as they have the power of superintendence over the trial courts.
The Supreme Court on Monday said it has started "action" and disposed of a plea moved by former RSS ideologue KN Govindacharya, seeking a direction for a special arrangement with YouTube to safeguard the copyright of its live-streamed proceedings in accordance with a 2018 judgment.
A senior official of the Municipal Corporation of Delhi said the MCD had sent the proposal suggesting this date on Thursday.
As Manipur grapples with protracted ethnic strife, the Supreme Court on Friday asked the Centre and the state government to ensure uninterrupted supply of basic commodities like food and medicines to people facing economic blockade in certain areas of the border state.
"What the legislature cannot do is to say that we think the judgment is wrong and therefore we overrule the judgment. The judgment of a court cannot be directly overruled by the legislature," the CJI said.
The Supreme Court on Wednesday slammed the practice of filing sealed cover reports in courts and said it violates both principles of natural justice and open justice.
A bench of Chief Justice DY Chandrachud and Justices PS Narasimha and Manoj Misra will be hearing the petition filed by NGO Manipur Tribal Forum.
He will take oath on November 9, a day after incumbent CJI Justice Uday Umesh Lalit demits office on attaining the age of 65.
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