The Supreme Court of India on Wednesday said it would consider a plea for early listing of petitions challenging the Centre's decision to abrogate provisions of Article 370 which had given special status to Jammu and Kashmir.
The Supreme Court of India has asked DMK leader V Senthil Balaji to choose between his ministerial post in Tamil Nadu and his freedom. The court expressed concern over Balaji's reinstatement as a minister despite being granted bail in a money laundering case related to the "cash-for-job" scam. The court fears that Balaji's presence as a minister could influence witnesses in the case. The court has given Balaji until April 28 to make a decision.
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.
While that created a stir so did the decision on his penultimate day at work with the Supreme Court rechristening its summer vacation "partial court working days", an issue that has led to criticism that the apex court judges enjoyed long breaks.
The Supreme Court will hear a plea seeking an independent selection process for the Comptroller and Auditor General of India (CAG) on March 17. The PIL, filed by the Centre for Public Interest Litigation, argues that the current system of appointment solely by the executive and the prime minister violates the Constitution and undermines the CAG's independence. The petition calls for a transparent process involving the prime minister, Leader of the Opposition, and Chief Justice of India. The PIL contends that the CAG's role as a watchdog over government finances requires a fair and non-arbitrary appointment procedure.
The Supreme Court of India has strongly criticized the police for suppressing freedom of speech by filing FIRs against artists for their performances, stating that mere recitation of a poem, stand-up comedy, or any form of art cannot be alleged to incite hatred or animosity between communities. The court quashed an FIR against Congress MP Imran Pratapgarhi, who was booked for a song performed at a mass marriage function, emphasizing that such actions stifle legitimate expressions of view in a free society.
The Supreme Court of India has emphasized the importance of individual liberty, setting aside a Himachal Pradesh High Court order that cancelled bail for an accused in an attempt-to-murder case. The Supreme Court found no material to support the cancellation, stating that courts should be cautious about interfering with an individual's freedom.
In a significant verdict, the Supreme Court by a majority of 7:2 on Tuesday held all private properties cannot form part of "material resources of the community" empowering states to take them over for distribution to serve "common good" under the Constitution.
The Supreme Court of India has invalidated the appointment of 25,753 teachers and other staff in West Bengal's state-run and state-aided schools, deeming the selection process "vitiated and tainted." The court ordered the state government to conduct a fresh selection process within three months. The decision comes after a Calcutta High Court verdict in April 2024, which also annulled the appointments. The apex court, while upholding the high court's order, made some modifications, including exempting disabled employees from returning their salaries. The case stemmed from alleged irregularities in the 2016 recruitment process by the West Bengal School Service Commission (SSC), involving OMR sheet tampering and rank-jumping. The Supreme Court had previously termed it a "systemic fraud." Former West Bengal education minister Partha Chatterjee and Trinamool Congress MLAs Manik Bhattacharya and Jiban Krishna Saha are among the accused being investigated in the recruitment scam.
How does it matter for people whether the Aligarh Muslim University is a minority institution or not when it has continued to be an institute of national importance without the minority tag, the Supreme Court said on Thursday as it underlined that the intent of Article 30 of the Constitution is not to "ghettoise the minority".
The Supreme Court collegium has initiated an initial inquiry against Delhi High Court judge Justice Yashwant Varma following the alleged discovery of a large stash of cash at his official residence during a fire incident. The collegium has also reportedly recommended Justice Varma's transfer to his parent high court, the Allahabad High Court. The inquiry will involve seeking a report from the Chief Justice of the Delhi High Court on the incident. The controversy surrounding the alleged discovery of cash was first reported by The Times of India. Justice Varma's proposed transfer is subject to the Centre's approval. The amount of cash found is not yet known. Justice Varma, currently heading a division bench dealing with sales tax, GST, company appeals and other appeals, did not hold court on Friday. Delhi High Court Chief Justice D K Upadhyaya expressed shock over the incident. The collegium reportedly received information about the cash discovery from government officials. Some collegium members have called for stricter action against Justice Varma, including seeking his resignation or launching an in-house inquiry. The Supreme Court has an in-house inquiry mechanism to deal with allegations against judges, which involves forming a committee to investigate and, based on the report, take further action. A judge of a constitutional court can only be removed through impeachment by Parliament.
A five-judge Constitution Bench headed by Chief Justice Ranjan Gogoi said that even if one per cent chance of mediation exists in the politically sensitive land dispute matter, it should be done.
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 apex court will have to re-constitute a five-judge bench to hear the pleas after Dussehra vacation as the ex-CJI Ramana and Justice R Subhash Reddy, who were part of the five-judge bench which had heard the pleas, have retired.
The bench said the petition has relied on a March 2 verdict of the apex court which had ruled that the appointment of the Chief Election Commissioner and ECs will be done by the President on the recommendation of a committee, comprising the prime minister, Leader of the Opposition in Lok Sabha and the CJI, to maintain the "purity of election".
Vice President Jagdeep Dhankhar has questioned the lack of an FIR in the case involving the discovery of burnt cash at a Delhi High Court judge's residence, raising concerns about potential immunity from prosecution for certain individuals. He criticized the delay in investigation and the in-house probe by a three-judge panel, highlighting the importance of transparency and the rule of law in addressing such a significant incident.
In a significant development, the Supreme Court on Tuesday asked the Election Commission of India to provide details of cases in which it had either removed or reduced the period of disqualification from electoral rolls of leaders post their conviction in criminal cases.
The Calcutta High Court has ordered the revival and prosecution of ten criminal cases related to murders in Nandigram and Khejuri during an anti-land acquisition movement in 2007. The court deemed the West Bengal government's decision to withdraw prosecution in these cases, involving the deaths of at least ten individuals, as unlawful. The bench emphasized that murders had indeed occurred and that allowing the prosecution to withdraw under Section 321 of the Criminal Procedure Code would not be in the public interest. The court stated that violence in any form should be eschewed in a democracy and that a state must exhibit zero tolerance towards it. The court set aside the state government's decision to withdraw prosecution and directed the public prosecutor to take appropriate measures within a fortnight.
'The ruling does not automatically mean that your house can be taken away, but suppose it blocks an expressway or a highway or such essential development, then it can be taken away as long as there is a law to support that action.'
A bench of Justices Sanjiv Khanna and Sanjay Kumar termed the plea as "absolutely misconceived" and said how can it sit in appeal over an order passed by another bench of the apex court.
The bench refused to entertain the plea filed by NGO Association for Democratic Reforms and dismissed it.
The Supreme Court has dismissed a Public Interest Litigation (PIL) seeking the registration of an FIR over the alleged discovery of burnt wads of cash at the official residence of Delhi High Court judge Yashwant Varma. The court said an in-house inquiry was underway and there would be several options open to the Chief Justice of India after the probe's conclusion.
In more than one way, it's a setback for the DMK and Chief Minister Stalin in political terms. The electoral fall-out, if any, will have to wait until the next summer, only when assembly elections are due in the state, explains N Sathiya Moorthy.
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.
Several opposition parties have claimed that the mandate of 2024 Lok Sabha elections was against the ruling haratiya Janata Party, even though it was able to form the government with support of other parties.
The Indian government has claimed a significant increase in waqf land following the 2013 amendment to the Waqf Act, asserting that the addition of 20 lakh acres raises concerns about potential "misuse" of the provisions. In an affidavit to the Supreme Court, the Centre highlighted a 116% rise in auqaf area after the amendment and urged the dismissal of petitions challenging the Act's validity.
From the beginning of next month, the bench will commence hearing to examine the constitutional validity of the scrapping of the article's provisions and the subsequent presidential orders on it, an official source said.
The Supreme Court of India has directed all high courts, state governments, and union territories to ensure the availability of separate toilet facilities for men, women, persons with disabilities (PwDs), and transgender persons in all court premises and tribunals across the country. The court stressed the importance of public health and the right to privacy, stating that adequate public toilets protect women and transgender persons. The court also expressed concern about the condition of public toilets near toll plazas on national highways and emphasized the need for proper sanitation facilities in court premises for judges, advocates, litigants, and staff members. This decision highlights the importance of access to basic amenities in ensuring a fair and dignified justice system.
He could have blazed a trail that few Indian judges had. It was a missed opportunity of a lifetime, notes Ramesh Menon.
The Calcutta High Court has directed the Central Bureau of Investigation (CBI) to submit the case diary initially prepared by the Kolkata Police in connection with the rape-murder of an on-duty doctor at RG Kar Medical College and Hospital. The court also instructed the CBI to present a list of individuals interviewed in the case at the next hearing scheduled for April 23. The CBI has been investigating the incident since August 13, 2024, when the case was transferred from Kolkata Police. The court noted inconsistencies between the inquest and post-mortem reports, with two injury marks mentioned in the inquest report but absent in the post-mortem report. The CBI is currently investigating whether there was a larger conspiracy behind the crime and if there had been any attempt to destroy evidence.
The high court noted that the contention of the petitioner demanding a virginity test of his wife is unconstitutional as it violates Article 21 of the Constitution which includes the right to dignity of women.
A bench of Justices Surya Kant and N Kotiswar Singh took note of Allahbadia's submission that the podcast was his only source of livelihood and around 280 people employed by him were dependent on the show.
The Supreme Court of India expressed concern about the "criminalization of politics" and questioned how convicted individuals can return to Parliament. The court sought the assistance of the attorney general on this issue, highlighting the apparent conflict of interest and the need for clarity on the Representation of People Act's provisions. The court also raised concerns about the slow pace of trials against lawmakers, with a significant number of cases pending. The issue has been referred to a larger bench for consideration.
Instant 'triple talaq', also known as 'talaq-e-biddat', is an instant divorce whereby a Muslim man can legally divorce his wife by pronouncing 'talaq' three times in one go.
'Residence-based reservation in PG medical courses is violative of Article 14 of the Constitution.'
A bench of Justices Sanjiv Khanna and Dipankar Datta posed the question to former Rajya Sabha MP Subramanian Swamy and lawyer Vishnu Shankar Jain, who sought deletion of the words "Socialist" and "Secular" from the Preamble of the Constitution.
The Supreme Court of India has ruled that family members of an accused in domestic violence cases cannot be implicated without specific charges. The court emphasized the need for sensitivity in handling such cases, noting that emotions run high in matrimonial disputes and there may be a tendency to indiscriminately implicate family members. The court stressed that criminalizing domestic disputes without specific allegations and credible evidence could have disastrous consequences for the institution of family.
The Supreme Court judgment on the legality of same-sex marriage elicited mixed responses from LGBTQ activists, with one section hailing parts of the Constitution Bench's order, while others expressing dissatisfaction as it did not legalise same-gender weddings.
The Supreme Court addressed concerns about misinformation spreading related to an incident involving Delhi High Court judge Justice Yashwant Varma. The court clarified that the proposal to transfer Justice Varma to Allahabad High Court was independent of an internal investigation into the discovery of a large sum of cash at his residence following a fire. The Delhi High Court Chief Justice is conducting the investigation and will submit a report to the Chief Justice of India today.
The Supreme Court of India has ruled that Tamil Nadu Governor R.N. Ravi can no longer serve as chancellor of state-run universities, a decision welcomed by the ruling DMK party. The court's judgment stems from a long-standing dispute between the state government and the governor over the assent of 10 bills passed by the Tamil Nadu Assembly. The DMK alleges that the governor had obstructed the smooth functioning of universities by delaying appointments and other critical matters. The judgment paves the way for the Tamil Nadu government to appoint new chancellors for its universities, effectively removing the governor's influence in higher education.
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