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.
Observing that it was dealing with a case which was an "exceptionally painful episode of our criminal justice system", the Supreme Court on Friday convicted former Lok Sabha MP from Bihar Prabhunath Singh in a 1995 double murder case, overturning the orders of the trial court and the Patna high court acquitting him.
There is no question of a Brexit-like referendum on the abrogation of Article 370 in Jammu and Kashmir, the Supreme Court said on Tuesday, as it grappled with the question as to whether its repeal was constitutionally legal.
Is there no mechanism to abrogate Article 370 even when the people of Jammu and Kashmir want it, the Supreme Court asked on Thursday and wondered if the now repealed provision can't be touched, will it not amount to creating a "new category" beyond the basic structure of the Constitution.
In an emphatic victory for the Modi government, the Supreme Court on Monday unanimously upheld its decision to abrogate Article 370 of the Constitution that bestowed special status upon the erstwhile state of Jammu and Kashmir, ordered restoration of statehood "at the earliest" and set a September 30, 2024, deadline for holding the assembly elections.
The Supreme Court collegium has for the second time reiterated the names of two advocates -- Amitesh Banerjee and Sakya Sen -- for appointment as judges of the Calcutta high court "expeditiously", saying it was not open for the government to repeatedly send back the same proposal.
In compliance with the apex court's interim direction, the UPSC has decided to open the application on upsconline.nic.in for this exam to enable 'unmarried women candidates only' who are otherwise eligible in terms of nationality, age, educational qualification etc., the statement said.
Chief Justice of India D Y Chandrachud on Tuesday said the State has an obligation to recognise unions entered into by queer couples and grant them benefit under the law.
'We desire to see our children and children-in-law find legal acceptance for their relationship...' Chintan Girish Modi on how parents of LGBTQIA+ Indians have appealed to Chief Justice Chandrachud to 'consider the plea for marriage equality'.
The Supreme Court Monday said the appointment of the chief justice of Manipur high court has finally received the Centre's attention and will be notified "shortly", over three months after the apex court collegium had recommended Delhi high court judge Siddharth Mridul for the post.
Elections in Jammu and Kashmir can be held "anytime from now" as the work on updation of voters list is almost over, the Centre told the Supreme Court on Thursday but remained non-committal about setting a time-frame for restoration of statehood to the Union territory (UT).
The Supreme Court collegium headed by Chief Justice of India DY Chandrachud on Tuesday recommended to the Centre the names of Andhra Pradesh high court chief justice Prashant Kumar Mishra and senior advocate KV Viswanathan as judges of the apex court.
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 top court was hearing a plea which referred to his statement on restoring Article 370, which gave special status to Jammu and Kashmir, and contended it clearly amounts to a seditious act and therefore he is liable to be punished under section 124-A of the IPC.
A five-judge Constitution bench headed by Justice Sanjay Kishan Kaul, in a unanimous verdict, ruled that its 2014 verdict, which had struck down a provision of the Delhi Special Police Establishment (DSPE) Act, 1946 providing immunity to such officers in graft cases, will have retrospective effect.
The Supreme Court on Tuesday said it will commence day-to-day hearing from August 2 on a batch of petitions challenging abrogation of Article 370 of the Constitution that bestowed special status on the erstwhile state of Jammu and Kashmir.
The apex court's strength is now 28, including the Chief Justice of India.
Justice Ramana said that he took up the issues concerning the appointment of judges and infrastructure during his term and hoped that he stood up to the expectations of the legal fraternity.
The five-judge constitution bench headed by Chief Justice DY Chandrachud, which heard their contentions at length, told them they will have to justify the procedure adopted for abrogation as the court cannot postulate a situation "where the ends justify the means".
The Supreme Court Collegium headed by Chief Justice D Y Chandrachud has recommended the names of four district judges for appointment as judges of the Madras high court.
Directing the Centre, states and Union Territories (UTs) to ensure the queer community is not discriminated against, the CJI, who is heading the constitution bench, said queer is a natural phenomenon known for ages and is neither urban nor elitist.
The Supreme Court on Wednesday asked whether Parliament could have enacted the Jammu and Kashmir Reorganisation Act, which divided the erstwhile state into two Union territories, during the subsistence of President's rule in 2018-2019.
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.
A bench of justices Sanjay Kishan Kaul and Indermeet Kaur took the plea of US pharma major on record and posted it for hearing before another bench on April 12.
Restoration of peace and the normal routine of daily life, compared to the past, stands out as its most significant achievement, observes Mohammad Sayeed Malik, the veteran commentator on Kashmir affairs, four years after the abrogation of Article 370.
'On hard cases like this one, the Supreme Court has only episodically stood against Parliament and the executive government.' 'I worry that this decision sets a precedent where President's rule is imposed in another state... and during the operation of President's rule, the state is fundamentally altered.'
A day after a full court meeting and to allay the concerns of lawyers and litigants on matters not being taken up for hearing due to paucity of time, the Supreme Court on Wednesday came out with a new mechanism in which a miscellaneous case "not taken up" for hearing will be listed the next day.
In a jolt to city police, the Delhi high court on Friday dismissed the plea to modify an earlier order asking it provide help and security to the Archeological Survey of India in razing an illegal mosque built in a park in national capital to ascertain whether remains of Mughal-era Akbarabadi masjid existed there.
Absconding former Haryana minister Gopal Goyal Kanda on Monday moved the Delhi high court for anticipatory bail in the Geetika Sharma suicide case, four days after his bail plea was dismissed by a lower court.
The Archaeological Survey of India Friday told the Delhi high court that it has not yet started excavation on a site near Red Fort to ascertain whether remains of a Mughal-era mosque existed there in view of lack of clarity on an apex court order on status quo.
Gowri in her address after sworn in as additional judge asserted that she would dispense justice in realising the dreams of the makers of the Constitution.
The Supreme Court collegium headed by Chief Justice D Y Chandrachud has recommended the names of three advocates for appointment as judges of the Bombay high court.
The Supreme Court on Wednesday questioned the CBI and the Gujarat government as to why they want to send social activist Teesta Setalvad and her husband Javed Anand back in jail after they have been out for over seven years on anticipatory bail.
The Delhi high court has asked the Centre to allow grant of permanent commission to women officers in the armed forces.
In a reprieve for painter M F Husain, the Delhi High Court on Thursday quashed criminal proceedings against the artist for allegedly hurting public sentiments by painting obscene pictures of Hindu goddesses. It is a matter of having different perspectives and cannot be the basis for initiating criminal proceedings, Justice Kaul said.
A bench headed by Justice Sanjay Kishan Kaul sought response from the West Bengal government on five separate pleas filed by BJP leaders alleging foisting of criminal cases to deter them from political activities and said interim protection from coercive action will continue till the next date of hearing.
The Supreme Court Friday granted the 'last opportunity' to the Centre to file its reply on a public interest litigation seeking directions for framing of guidelines identifying minorities at the state level as Hindus are in a minority in 10 states and are not able to avail the benefits of schemes meant for minorities.
The Delhi High Court on Thursday allowed the plea of controversial godman Chandraswami alias Nemi Chand Jain, who is facing prosecution in twelve Foreign Exchange Regulation Act cases, to travel abroad. A bench of Justice Sanjay Kishan Kaul dismissed the Enforcement Directorate's plea that the accused, if permitted to go abroad, may not come back to face trial in the country. Allowing Chandraswami's plea to visit the United Kingdom, United Arab Emirates and Mauritius.
Appearing for the CBI, additional solicitor general P P Malhotra told Justice Sanjay Kishan Kaul that Singh had never appeared before the agency to prove his credentials, so it would be difficult to record his statement through video conferencing.
The pooja pandal is designed in a manner which resembles Hogwarts Castle and displays statues of the Potter characters like Hagrid and Hedgewig apart from Harry himself.
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