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 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)".
Supreme Court Bar Association (SCBA) president Adish C Aggarwala Thursday wrote to Chief Justice of India D Y Chandrachud expressing "shock" at an open letter to the head of the judiciary by a senior member of the bar.
...educated people are better decision-makers must be rejected, the CJI said.
In a viral video of the court proceedings, the judge was seen reprimanding a woman lawyer on Thursday and reportedly made some objectionable comments.
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 BJP won the Chandigarh mayoral election on Thursday, defeating the AAP-Congress alliance. Harpreet Kaur Babla of the BJP was elected as the new mayor, while the AAP-Congress alliance won the posts of senior deputy mayor and deputy mayor. The victory of the BJP candidate indicated that cross-voting took place during polling. The Supreme Court had previously overturned the result of the 2023 mayoral poll, which had seen the BJP candidate win despite allegations of tampering with ballots. The court had ordered prosecution of the returning officer for the poll, Anil Masih, a BJP leader, for his "misdemeanour." The court had also declared defeated AAP-Congress alliance candidate Kuldeep Kumar as the new city mayor. This latest victory is a significant win for the BJP in the city and represents a setback for the AAP-Congress alliance.
The SCBA had organised a poetry recital on Friday where the CJI was invited as the chief guest. Eminent poets like Ashok Chakradhar and Shambhu Shikhar recited their poems at the event.
Aligarh Muslim University is not a minority educational institution, Supreme Court's Justice Dipankar Datta said on Friday and noted had it not been a "race against time" he would have articulated better in his dissenting opinion. The judge also flagged a non-exchange of ideas and opinions in a "true democratic spirit" to build a consensus.
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.
People must have tolerance for each other's opinion at a time when the tolerance level has gone down internationally, Supreme Court judge Justice Sanjay Kishan Kaul said on Friday.
Lawyers flooded the courtroom of Chief Justice of India D Y Chandrachud to witness the proceedings as one special guest -- Aamir Khan -- was seated in the front row.
Chief Justice DY Chandrachud, who is heading the five-judge constitution bench which is hearing the matter, also touched upon the notion that only the very highly educated or elitist want fewer children.
The Bombay high court on Thursday said creative freedom and the freedom of expression cannot be curtailed and the censor board cannot refuse to certify a film just because there is an apprehension of a law and order problem.
Pune Police have announced a reward of Rs 1 lakh for information leading to the arrest of a history-sheeter who allegedly raped a 26-year-old woman inside a state transport bus at the Swargate bus station. The accused, Dattatray Ramdas Gade (37), is on the run since the incident which took place on early Tuesday morning. He has half a dozen cases of theft, robbery and chain-snatching registered against him in Pune and adjoining Ahilyanagar district, and was out on bail since 2019 in one of the offences.
The Supreme Court, which is hearing arguments on a batch of pleas seeking legal sanction for same-sex marriage, said on Thursday that the inflow of cases in the apex court is so heavy that it is impossible to list Constitution bench matters unless the time taken to argue is rationed.
In an unusual coincidence, the two judges of a Supreme Court bench hearing a plea against the survey of the Gyanvapi-Shringar Gauri complex in Varanasi have had an association with a similar kind of dispute relating to the Ram Janmabhoomi-Babri masjid issue as well.
"We are faced with certain hard facts like several courts do not have proper facilities. Some courts function out of dilapidated buildings. Judicial infrastructure is important for improving access to justice," he said.
The Aligarh Muslim University's minority status issue will have to wait to reach a logical end after the Supreme Court majority verdict on Friday asked a regular bench to decide the issue.
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".
It is the primacy of the Constitution that determines the stability, harmony and productivity of democratic governance and Parliament reflecting mandate of the people is the ultimate and exclusive architect of the Constitution, he said.
Kumar's parents failed to deposit Rs 17,500 as the acceptance fee by June 24, the deadline for depositing the requisite fees for blocking the seat.
The Supreme Court verdict on mining royalty case will give a further jolt to the Indian mining industry and will have very large financial implications, as arrears may work out to the tune of more than Rs 1.5 lakh crore to Rs 2 lakh crore, industry players said on Wednesday. The Supreme Court on Wednesday upheld the power of states to levy tax on mineral rights and mineral-bearing land, and allowed them to seek refund of royalty from April 1, 2005 onwards. According to a senior mines ministry official, the verdict will have a very large financial impact on mining, steel, power and coal companies.
The high court erred in holding that the law was violative of the principle of secularism, said a bench comprising Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra.
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.
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.
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 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.
Expressing concern over instances of 'unwarranted' confiscation of personal devices during raids, the CJI said they highlight the pressing need to strike a balance between investigative imperatives and individual privacy rights.
The Supreme Court on Thursday said the fight against caste-based discrimination was not a battle that can be won overnight and it requires sustained effort, dedication, and the willingness to confront and challenge societal norms that perpetuate inequality.
Besides the present CJI Chandrachud, former CJIs Ranjan Gogoi and SA Bobde and former judges Ashok Bhushan and S Abdul Nazeer were part of the bench which had delivered the historic verdict on November 9, 2019.
Former Chief Justice of India Yeshwant Vishnu Chandrachud died on Monday at a city hospital in Mumbai after prolonged illness.
Trinamool Congress MP Mahua Moitra's reference to the death of judge B H Loya 'long before his time' created uproar in Lok Sabha on Friday as Union minister Kiren Rijiju accused her of raising a matter settled by the Supreme Court, and warned of 'appropriate parliamentary action'.
A local court in Ajmer has issued notices to the dargah committee, the Ministry of Minority Affairs, and the Archaeological Survey of India on a plea seeking to declare the shrine of Sufi saint Khwaja Moinuddin Chishti a temple. The petition, filed in September, has sparked a heated debate, with politicians and community leaders weighing in on the potentially volatile issue. The dargah committee has declined to comment, but the Anjuman Syed Zadgan, a body representing the caretakers of the dargah, described the petition as a deliberate attempt to fracture society along communal lines. The petition comes just days after four people were killed in Sambhal, Uttar Pradesh, following a local court ordering survey of a Mughal-era shrine. The Places of Worship (Special Provisions) Act, 1991, which fixed August 15, 1947, as the cut-off date for status quo on the character of religious places, is at the centre of much of the debate. Several politicians, including Union minister Giriraj Singh and PDP chief Mehbooba Mufti, have weighed in on the issue. The Communist Party of India (Marxist) has called the civil court's decision to entertain the petition unwarranted and has asked the Supreme Court to immediately intervene.
The first five courtrooms of the Supreme Court have become WiFi-enabled, Chief Justice of India (CJI) D Y Chandrachud announced on Monday, in a significant step towards the digitisation of the top court.
In a jolt to telecom firms, the Supreme Court has dismissed a batch of pleas filed by companies, including Vodafone Idea and Bharti Airtel, seeking correction of alleged errors in the Adjusted Gross Revenue. A bench comprising Chief Justice D Y Chandrachud and Justices Sanjiv Khanna and B R Gavai also rejected the plea of telcos seeking to list the curative petitions for open court hearing.
"The open-ended nature of Section 6A has, with the passage time, become more prone to abuse due to the advent of forged documents to establish, inter-alia (among other things), wrong date of entry into Assam, inaccurate lineage, falsified government records created by corrupt officials, dishonest corroboration of the date of entry by other relatives so as to aid illegal immigrants who are otherwise not eligible under Section 6A by virtue of having entered into Assam after March 24,1971," he noted in a separate 127-page dissenting judgment.
The Supreme Court on Wednesday slammed the practice of filing sealed cover reports in courts and said it violates both principles of natural justice and open justice.
'Digital courts will alleviate congestion in traditional courts.'
The verdict will be delivered by a five-judge Constitution bench headed by Chief Justice of India DY Chandrachud.
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