Former Supreme Court judge Justice Rohinton Nariman has warned that events similar to the Jallianwala Bagh massacre could occur if the 'basic structure' doctrine of the Constitution is diluted. In his new book, 'The Basic Structure Doctrine: Protector of Constitutional Integrity,' Nariman argues that the 1973 Kesavananda Bharati judgment, which established the doctrine, is essential for protecting fundamental rights and preventing constitutional amendments that could lead to such tragedies. Nariman's concerns are echoed by Supreme Court judge Justice K V Viswanathan, who applauds the book for its "chilling clarity" and underscores the importance of the Kesavananda Bharati ruling. The book provides a detailed analysis of the doctrine and its implications, highlighting the robustness of the Kesavananda Bharati judgment and the lack of a compelling alternative theory.
'We have already said that our judgment is only in the interregnum till the Act comes into play. These small things could have been easily taken care of. Anyway, we will seek the views of Justice Rao and issue a clarification.'
The Delhi high court on Wednesday issued summons to actor Shah Rukh Khan-owned Red Chillies Entertainment and OTT platform Netflix on a defamation suit filed by Indian Revenue Services (IRS) officer Sameer Wankhede for allegedly maligning his reputation in their series The Ba***ds of Bollywood.
The Supreme Court has allowed certified manufacturers to produce green crackers, but restricted their sale in Delhi-NCR without approval. The court has asked the Centre to review the ban on firecracker manufacturing in the region.
The Bombay high court on Monday said the entire city has been brought to a standstill due to the ongoing Maratha quota agitation led by activist Manoj Jarange, and the protest has not been peaceful and violated all conditions.
Chief Justice of India B R Gavai affirmed his respect for all religions after facing online criticism regarding comments made during a case about the reconstruction of a Lord Vishnu idol.
Vijay, despite the loud message from his delayed arrival at the road-show/stampede venue, and more so his continued inaccessibility for fans-turned-cadres after graduating from a super-star to a political party leader with electoral ambitions, refuses to change. Or, so it seems, observes N Sathiya Moorthy.
The Bombay High Court clarified that it did not order the closure of pigeon-feeding spots (Kabutarkhanas) in Mumbai, but only refrained from staying the municipal corporation's closure order. The court suggested a committee of experts to study the issue, emphasizing the importance of human health.
The Karnataka high court on Friday granted interim protection from arrest to key office bearers of the Karnataka State Cricket Association (KSCA) in connection with the June 4 stampede outside Bengaluru's M Chinnaswamy Stadium, which left 11 people dead and 56 others injured.
A petition has been filed in the Supreme Court seeking transfer of the probe into the death of Assamese singer Zubeen Garg from the state police's SIT to a central agency such as the CBI or the NIA.
Activist Manoj Jarange vows to intensify his hunger strike for Maratha reservation under OBC, while the Maharashtra government seeks legal opinion on the issue.
The Chief Justice of India (CJI) Sanjiv Khanna has assured bar leaders that he will consider their demand for withdrawal of the collegium's recommendation to transfer Delhi High Court's Justice Yashwant Varma. The decision came after representatives of six bar associations of different high courts met with the CJI and other collegium members. The bar associations are protesting the proposed repatriation of Justice Varma to his parent high court, alleging that the evidence in a fire incident at his residence was tampered with. The bar associations have also raised concerns about the non-registration of an FIR in the incident.
From demonetisation to sub-categorisation of Scheduled Castes to bulldozers, Justice Gavai has been part of several judgments.
In a viral video of the court proceedings, the judge was seen reprimanding a woman lawyer on Thursday and reportedly made some objectionable comments.
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.
The Supreme Court of India has released an inquiry report into the alleged discovery of a large amount of cash at the residence of Delhi High Court judge Yashwant Varma. The report, which includes photos and videos, was uploaded on the court's website. Chief Justice of India Sanjiv Khanna has formed an in-house committee to investigate the matter and has asked the Delhi High Court Chief Justice to not assign any judicial work to Justice Varma. Justice Varma has denied the allegations, claiming they are part of a conspiracy to frame him. The inquiry report, submitted by the Delhi High Court Chief Justice, has been made public and calls for a deeper probe into the incident. The incident has raised concerns about judicial accountability and has prompted the Congress party to call for strong measures to uphold public trust in the judiciary.
BJP-ruled states argued in the Supreme Court that governors and the President have autonomy in assenting to bills passed by state assemblies, asserting that courts cannot mandate assent.
On September 20, a five-judge bench of the apex court headed by the Chief Justice of India D Y Chandrachud took serious note of two videos in which the HC judge is seen making the comments in open court and sought a report from the Registrar General of the high court .
The Supreme Court questioned Justice Yashwant Varma regarding his plea to invalidate an in-house inquiry panel report that indicted him after a large amount of burnt cash was discovered at his official residence during his time as a Delhi High Court judge.
The Supreme Court on Monday expressed its displeasure at the Delhi High Court Bar Association for questioning the representation of women judges in the top court while arguing for reservation for women lawyers in the high court bar. The court refused to hear further arguments from the bar body and set November 29 for final arguments on the issue of reservation. The court had previously directed the DHCBA to reserve the post of treasurer for a woman and consider reserving one more post for a woman in the five-member office-bearer body. It had also directed that at least three out of the 10 executive members be women, with at least one being a senior designated advocate.
The Centre told the Supreme Court that governors are not indefinitely sitting on bills passed by state legislatures, and that barring a few exceptions, most have acted in a way which the apex court would have perhaps desired. Solicitor General Tushar Mehta argued that a Governor is "not a rubber stamp" and has a duty to preserve, protect, and defend the Constitution.
Solicitor General Tushar Mehta revealed a fake, verified X account created in the name of the 'Supreme Court of Karnataka' to highlight the dangers of unchecked online activity during a hearing on X Corp's petition challenging government takedown orders.
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.
The Supreme Court on Monday took exception to making the Chief Justice of India one of the party respondents in a plea challenging the designation of lawyers as senior advocates.
The Supreme Court has criticized the selective publication of a preliminary report on the Air India crash, calling it 'unfortunate and irresponsible'. The court raised concerns about privacy, dignity of victims' families, and the potential for biased narratives.
TDP supremo and Chief Minister N Chandrababu Naidu claimed that the previous YSRCP government did not even spare Sri Venkateswara temple and used substandard ingredients and animal fat for making laddus.
The Supreme Court is hearing arguments regarding a presidential reference on whether fixed timelines can be imposed on governors and the president for acting on bills passed by state legislatures. The court is considering objections to the maintainability of the reference under Article 143 of the Constitution.
The Karnataka high court on Monday did not grant interim relief to Nikhil Sosale, head of marketing, Royal Challengers Bengaluru (RCB), who was arrested on June 6 in connection with the fatal stampede near M Chinnaswamy Stadium, and adjourned the matter for hearing on Tuesday.
The officer had denied the charges against him levelled by the Captain-rank woman officer.
The Supreme Court has questioned the practice of Governors withholding assent to bills indefinitely, stating that it renders the constitutional provision of 'as soon as possible' meaningless.
'... Rahul Gandhi's name came to my mind at that time.'
A two-judge bench of the top court had on August 11 directed authorities in Delhi-National Capital Region (NCR) to start picking up stray dogs from all localities "at the earliest" and relocate the animals to dog shelters.
The Allahabad high court on Tuesday heard both the Hindu and Muslim sides on the Gyanvapi mosque committee's appeal challenging the Varanasi district court order allowing Hindu prayers in a cellar of the mosque.
The Supreme Court has put on hold the Uttar Pradesh government's plan to develop the Shri Banke Bihari Temple Corridor in Vrindavan, citing a lack of consultation with key stakeholders. The court questioned the state's approach and the urgency of enacting an ordinance to take over the temple's management.
A lawyer for Elon Musk's X told the Karnataka high court on Tuesday that if every "Tom, Dick and Harry" government official is authorised to send content takedown notices then it would amount to misuse of official powers, remarks that drew strong condemnation from the Centre as well as the judge.
The Supreme Court has ruled that a Governor cannot send bills to the President for consideration if the state assembly has already cleared them for a second time. The court was questioning the Centre over the powers of the Governor when it comes to granting assent to bills.
The Central Bureau of Investigation (CBI) on Friday filed an appeal before the Calcutta high court, seeking death penalty for RG Kar hospital rape-murder case convict Sanjay Roy.
A Constitution bench comprising Chief Justice B R Gavai and Justices Surya Kant, Vikram Nath, P S Narasimha and A S Chandurkar, would fix the timelines on July 29 and commence hearing on the presidential reference in mid-August.
A bench of Justices Ujjal Bhuyan and Manmohan asked the Madras high court chief justice to transfer the cases involving the ADGP to another bench as it set aside the directive of the high court asking the police to take Jayaram into custody.
The Calcutta high court on Thursday granted interim bail to social media influencer Sharmistha Panoli, who was arrested by the Kolkata police for allegedly uploading a video with communal comments.