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.
The observations came while upholding the constitutional validity of Section 6A of the Citizenship Act which grants Indian citizenship to immigrants from Bangladesh who entered Assam on or after January 1, 1966 but before March 25, 1971.
Justice Chandrachud also dealt with questions about criticism by eminent lawyers on the allocation of cases to particular judges and 'bench hunting', and said the allocation of cases is not "lawyer-driven" and vowed to maintain the credibility of the institution of the Supreme Court.
An exasperated Justice Chandrachud asserted he will not allow any lawyer to "dictate" the procedure of the court.
A bench of Justice Chandrachud and Hima Kohli got annoyed when a lawyer sought time to argue a matter and said he has circulated a letter for adjournment.
Newly sworn-in Chief Justice of India DY Chandrachud on Monday asked Supreme Court and high court judges to shun "colonial mindset" and the "culture of subordination" while dealing with district court judges, saying the country needs to move towards a "more modern and equal judiciary".
CJI Chandrachud said courts across the country are likely to become paperless soon.
Allowing the Centre's review of the August 23, 2022 verdict, a bench Chief Justice of India DY Chandrachud, Justices PS Narasimha and Manoj Misra recalled the judgement delivered by a three-judge bench headed by former CJI NV Ramana.
"The doctrinal error in the Krishna Iyer approach was, postulating a rigid economic theory, which advocates for greater State control over private resources, as the exclusive basis for constitutional governance," the CJI wrote in the 193-page judgment.
"It is very easy to fling allegations and letters," an anguished Chief Justice of India D Y Chandrachud said on Thursday while clarifying that the bail plea of Aam Aadmi Party leader Satyendar Kumar Jain in a money laundering case was listed before a bench headed by Justice Bela M Trivedi as Justice A S Bopanna was unavailable due to illness.
CJI Chandrachud met the delegations in the presence of two other members of the collegium -- Justice SK Kaul and Justice MR Shah.
The apex court had decided to hear the pleas related to the IOA and the AIFF together.
Supreme Court judge Justice DY Chandrachud has said that the decriminalisation of Section 377 of IPC by the apex court has enabled queer people to emerge as legally empowered citizens.
The litigant levelled allegations against the former CJI following which a bench comprising Justices Bela M Trivedi and Satish Chandra Sharma asked the security personnel to escort him out of the courtroom
The CJI said there is an urgent need to emerge from the adjournment culture to a culture of professionalism.
The bench wondered if it struck down the immunity clause in the penal codes then the offence will be covered under the main provision on rape or "can the court create a separate offence or adjudicate the validity of the exception (clause)".
The report, according to the sources, states that the HC did not get the note of the Supreme Court collegium on the issue even after six months.
Justice Gavai, who wrote a 281-page separate but concurring verdict, said it is the duty of the State to give preferential treatment to the backward class of citizens who are not adequately represented in government jobs.
'The practice of selectively praising judicial decisions that align with one's views while vehemently criticising those that do not, undermines the very essence of judicial review and the rule of law'
Supreme Court judge DY Chandrachud has expressed anguish over the withdrawal of a 'Karva Chauth' advertisement featuring a same-sex couple due to "public intolerance," saying there is a need to change the mindset of both men and women.
A bench comprising Chief Justice DY Chandrachud and Justices PS Narasimha is likely to hear the matter.
The top court dismissed a plea seeking deferment of the NEET-PG which claimed that candidates have been allocated cities that are highly inconvenient for them to reach.
Justice BV Nagarathna also partially agreed with the majority verdict but criticised the CJI's views on Justice Iyer's judicial approach in dealing with "material resources" and state's power over them.
Refusing to stop streaming live proceedings in the suo motu case related to the incident, the apex court said it was a matter of public interest and the public must know what is transpiring in the courtroom.
It has granted states and the Centre three weeks to furnish the information, and posted the plea filed by RTI activist Anjali Bhardwaj for hearing after that.
A five-judge constitution bench headed by Chief Justice D Y Chandrachud said there is "no manner of doubt" that the SBI is required to disclose complete details of the bonds.
"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.
Chief Justice of India Sanjiv Khanna has recused himself from hearing pleas related to the alleged illegal felling of hundreds of trees in the Delhi Ridge area. The decision comes after a previous bench, led by former CJI D Y Chandrachud, sought a personal affidavit from Delhi Lieutenant Governor V K Saxena in the case, which also sought contempt proceedings against certain DDA officials. CJI Khanna stated that his prior involvement with the Delhi LG while serving as the NALSA chairman would make it inappropriate for him to hear the plea. The bench has ordered the listing of the pleas before a different bench starting November 27.
A bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra said it will hear the matter on May 6.
Chief Justice of India DY Chandrachud on Tuesday remarked that once judges demit office whatever they say is just opinion and is not binding, after former CJI Ranjan Gogoi's comments that the basic structure doctrine was debatable was flagged in the Supreme Court.
On August 10, the collegium also comprising justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant had proposed transfer of Justice Bhatnagar to the Rajasthan high court for better administration of justice.
President Droupadi Murmu administered him the oath at a brief ceremony held at the Rashtrapati Bhavan.
In 1997, the seven-judge bench ruled that the Centre had the regulatory power over the production of industrial alcohol. The case was referred to the nine-judge bench in 2010.
A seven-judge Constitution bench comprising Chief Justice DY Chandrachud and Justices BR Gavai, Vikram Nath, Bela Trivedi, Pankaj Mithal, Manoj Misra and Satish Chandra Sharma said there is no error apparent on the face of the record.
As soon as the matter came up for hearing, the judges said they wanted to be recused from the case as they belong to the contesting states.
Under the title of "legal enforcement", states and Union Territories were directed to appoint officers solely responsible for discharging the functions of Child Marriage Prohibition Officers at the district level.
The court said abstention from the work of doctors affects those segments of the society that are in need of medical care.
The CJI's announcement made in the apex court assumes significance in the wake of Union Law Minister Kiren Rijiju's statement in Rajya Sabha on Thursday in which he said there was a feeling among the people that long court vacations were not very convenient for justice seekers.
The Supreme Court on Tuesday reserved its verdict on a batch of pleas challenging the abrogation of Article 370 of the Constitution which bestowed special status on the erstwhile state of Jammu and Kashmir.
Singh has sought the application of a more liberal remission policy to ensure his premature release from a prison in the state where he is lodged for more than 24 years.