Batting for a fresh look at the reservation policy, Supreme Court judge Justice Pankaj Mithal on Thursday referred to a 1961 letter by Jawahar Lal Nehru in which the former prime minister lamented the habit of giving reservations and privileges to any caste or group.
CJI Lalit concurred with the minority view of Justice S Ravindra Bhat who held the EWS quota as "unconstitutional" for excluding poor among SCs, STs and OBCs.
Article 142 of the Constitution deals with the enforcement of decrees and orders of the apex court.
The Supreme Court on Friday asked the Centre to provide information about the numbers and names reiterated by the apex court Collegium for appointment as judges in higher judiciary with reasons why they were not considered so far and at what level they were pending.
Kejriwal, who was arrested on March 21 by the Enforcement Directorate (ED) in the same case and later by the CBI which was probing corruption charges, stepped out after spending 155 days in Tihar jail. The AAP supremo, who was earlier granted three-week interim bail in the ED case, was given a resounding welcome by his party leaders and supporters who were drenched in heavy rain. Addressing party workers from the top of an SUV, Kejriwal, sporting a half-sleeve blue shirt, raised 'Inquilab Zindabad' and 'Vande Mataram' slogans.
The petition filed by advocate Srinivasan has also sought a direction to poll panel to take effective steps to restrain political parties from making promises of freebies during the pre-election period.
'I have repeatedly been saying that the collegium system is the best available method of appointment of judges, but it needs some changes. This needs discussion. One important change is that the opacity of the government has to go. The government is more opaque than the collegium'
The top court said the NCPCR was empowered to conduct enquiry and take action in accordance with law under the Commission for Protection of Child Rights (CPCR) Act, 2005.
The Lokpal was functioning without its regular chief since Pinaki Chandra Ghose completed his term on May 27, 2022.
The Supreme Court of India has criticized the Madhya Pradesh High Court's decision to sack a woman judge due to performance concerns, without considering the impact of a miscarriage on her ability to work. The court questioned the lack of similar criteria for male judges and highlighted the mental and physical trauma associated with a miscarriage. The case involves six women civil judges who were terminated by the state government over alleged unsatisfactory performance. While the high court reinstated four judges, the fate of the other two, including the judge who suffered a miscarriage, remains uncertain. The Supreme Court has issued notices to the high court registry and the judicial officers involved, seeking clarification on the termination criteria and emphasizing the importance of considering factors beyond quantitative performance assessments.
Article 370 of the Constitution, which bestowed special status on the erstwhile state of Jammu and Kashmir, was a 'temporary provision' and any interpretation of the provision cannot postulate that integration of J-K with India was temporary, the Supreme Court ruled on Monday.
The Uddhav Thackeray-led faction of the Shiv Sena urged the Supreme Court on Tuesday to refer the cases related to the Maharashtra political crisis to a seven-judge bench for reconsideration of a 2016 judgment on powers of assembly speakers to deal with disqualification pleas.
The Supreme Court on Thursday set aside caste-based discriminatory provisions of prison manuals of around 11 states while deprecating the practice of distribution of work and segregation of prisoners in separate wards on basis of their castes.
The Supreme Court said on Wednesday it will examine whether the immunity granted to lawmakers from prosecution for taking bribe to make a speech or vote in Parliament and state legislatures extends to them even if criminality is attached to their actions, as it began reconsideration of its 1998 judgement in the JMM bribery scandal that rocked the country 25 years ago.
In a viral video of the court proceedings, the judge was seen reprimanding a woman lawyer on Thursday and reportedly made some objectionable comments.
PWD Minister Ashok Chavan later told reporters that the application was filed on Monday morning and added the counsels representing the government will try to see that the hearing on the application takes place soon.
The Bombay high court on Friday quashed the amended Information Technology rules aimed at identifying through a fact checking unit "fake and false" content against the government on social media platforms, holding it as unconstitutional.
The Supreme Court on Tuesday said it will lay down guidelines for all citizens and not for any particular community on the issue of demolition of properties.
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 Wednesday rapped the Haryana and Punjab governments over non-prosecution of violators found guilty of stubble burning and summoned the state chief secretaries to appear before it on October 23 and submit. an explanation.
In a significant verdict, the Supreme Court on Wednesday set aside the National Company Law Appellate Tribunal's (NCLAT) verdict that had stopped insolvency proceedings against embattled ed-tech firm Byju's. A bench of Chief Justice D Y Chandrachud, and Justices J B Pardiwala and Manoj Misra also reversed the order of the NCLAT approving Byju's Rs 158.9 crore dues settlement with the Board of Control for Cricket in India (BCCI) and directed the cricket board to deposit the settlement amount of Rs 158.9 crore with a committee of creditors.
The Supreme Court on Monday suggested that Parliament should seriously consider bringing an amendment to the Protection of Children from Sexual Offences (POCSO) Act for substituting the term 'child pornography' with 'child sexual exploitative and abuse material' with a view to reflect more accurately the reality of such offences.
"How can a court order this? To say that the judgment, a public document, be pulled down will have very serious ramifications," said a bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra after taking note of the submissions of Ikanoon Software Development Pvt Ltd, a Bengaluru-based legal website.
The Supreme Court on Tuesday sought data on the beneficiaries of Section 6A of the Citizenship Act in Assam, saying there was no material before it which could indicate that the effect of granting Indian citizenship to Bangladeshi immigrants between 1966 and 1971 was so great that it impacted the demographic and cultural identity of the border state.
This came a day after he argued before the top court as petitioner in-person in a matter related to the abrogation of Article 370, which accorded a special status to the erstwhile state of Jammu and Kashmir and was revoked by the Centre on August 5, 2019.
A five-judge constitution bench headed by Chief Justice DY Chandrachud had on May 11 reserved its verdict on the pleas after a marathon hearing of 10 days.
The division bench of justice Sudhir Singh and justice Jasjit Singh Bedi was hearing a woman's plea against the divorce granted in favour of her husband by a family court in July this year.
The top court granted the relief to the accused noting that he was in custody since May 21, 2023, and the charge sheet has been submitted on July 19, 2023.
Has death penalty in the statute served as a deterrent for heinous crime?
'Don't be surprised if the Census forms come with a caste box.' 'I will be surprised if it doesn't. It will be a point conceded to Rahul Gandhi and his allies,' asserts Shekhar Gupta. The BJP machine could take all 3 in its stride, but this election has changed that, notes Shekhar Gupta.
The bench said the ED officers acting under the Section 19(1) of the Prevention of Money Laundering Act (PMLA) cannot ignore or not consider the material which exonerates the arrestee.
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 said the Indian Medical Association president R V Asokan's unconditional apology published in a newspaper over his "damaging" statements in an interview to PTI was illegible and the font miniscule.
The top court said since the remit of the panel has been expanded, the committee would submit its report by September 30 on various measures to rectify deficiencies in the examination system.
The Supreme Court on Tuesday sought the response of the National Human Rights Commission (NHRC), National Commission for Women (NCW) and the National Commission for Minorities (NCM) to pleas challenging the constitutional validity of polygamy and 'nikah halala' among Muslims.
The Supreme Court has said it listed for Tuesday pleas on the vexed legal question of whether a husband should enjoy immunity from prosecution for the offence of rape if he forces his wife, who is not a minor, to have sex.
'It was a disaster on his part to give an oral remark which allowed ascertainment of the religious character of places of worship.' 'This disrupted the social harmony of the country.'
A Bench headed by Chief Justice K G Balakrishnan said the matter will be heard by a five-judge Constitution Bench
The Centre on Tuesday urged the Supreme Court not to hear this week the pleas on the vexed legal question of whether a husband should enjoy immunity from prosecution for the offence of rape if he forces his wife, who is not a minor, to have sex.
The Supreme Court on Monday used the legal term 'inchoate crime' to refer to mere possession of any child pornographic material that it said would constitute offences under the POCSO even if not disseminated further.