There is no question of a Brexit-like referendum on the abrogation of Article 370 in Jammu and Kashmir, the Supreme Court said on Tuesday, as it grappled with the question as to whether its repeal was constitutionally legal.
The claims were made after the Income Tax department had on July 6 raided 36 premises of the Bengaluru-based Micro Labs Ltd. across nine states.
The executive committee of the Supreme Court Bar Association (SCBA) on Wednesday decided to call off the general body meeting scheduled for March 16 to vote on resolutions seeking explanation from senior advocates Kapil Sibal and Neeraj Kishan Kaul for apologising to CJI DY Chandrachud on behalf of the bar body.
The bid to extend the tenure of the present chief secretary is the latest bone of contention between the Arvind Kejriwal government and Lieutenant Governor VK Saxena, who have been involved in a series of run-ins over various issues.
Justice SK Kaul was among those seated on the dais with Chief Justice DY Chandrachud, when the president narrated her experience of meeting several undertrial prisoners as an MLA in her native Odisha and later as the governor of Jharkhand.
The top court was hearing a batch of pleas challenging the direction given by the Jammu and Kashmir high court.
In a setback to Tata Power, the Supreme Court on Wednesday dismissed the company's challenge to the Maharashtra Electricity Regulatory Commission's (MERC's) decision to award a Rs 7,000-crore transmission project near Mumbai on a nomination basis to Adani Electricity. The court upheld the order by the Appellate Tribunal for Electricity (APTEL) in this case and directed all State Electricity Regulatory Commissions to frame guidelines on tariff determination in accordance with Section 61 of the Electricity Act and the national policy. The verdict has implications for the Mumbai power market, said Ashok Pendse, an energy expert based in the city.
Several petitions challenging the Centre's decision to abrogate the provisions of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, which split J-K into two Union Territories Jammu and Kashmir, and Ladakh were referred to a constitution bench in 2019.
More was issued a memo by services minister Saurabh Bhardwaj on May 13, seeking him to show cause and threatening disciplinary action against him for allegedly not complying with a direction for his transfer and "going incommunicado".
The bench said that multiple local factors made it difficult for the top court to "frame uniform or standard guideline for trial courts across the length and breadth of this country" and it left the issue of ensuring speedy trial to the high courts as they have the power of superintendence over the trial courts.
The Supreme Court on Thursday said women, other than cisgender women, may also require access to safe medical termination of pregnancies, while expanding the scope of the MTP Act to include unmarried women with 20-24 weeks pregnancy for abortion.
The Supreme Court on Thursday reserved its verdict on the issue whether pleas related to the June 2022 Maharashtra political crisis triggered by the Shiv Sena's division be referred to a seven-judge bench for reconsideration of the 2016 Nabam Rebia judgment.
The complex, parts of which are over 250 years old, is situated on the banks of the Ganga and is endowed with high ceilings, huge doors, and hanging skylights.
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.
In the ongoing hearing of the matter related to the constitutional validity of linking Aadhaar card to a number of government schemes, Divan who is appearing for the petitioners, said that a people's constitution was being converted into a state's Constitution and it was incorrect to take people's biometric data for Aadhaar.
The five-judge constitution bench headed by Chief Justice DY Chandrachud, which heard their contentions at length, told them they will have to justify the procedure adopted for abrogation as the court cannot postulate a situation "where the ends justify the means".
Observing that it does not propose to run the administration in Manipur, the apex court said necessary verifications shall be carried out before issuing the Aadhaar cards expeditiously.
A bench of Chief Justice DY Chandrachud and justices PS Narasimha and JB Pardiwala passed the order after hearing an application of Uttar Pradesh government seeking more time to install and operationalise 100 per cent STP coverage in the state.
The Supreme Court on Friday agreed to hear on Saturday Maharashtra's plea for a stay on the Bombay high court order acquitting G N Saibaba, after Solicitor General Tushar Mehta's persistent pitch that the acquittal was not on merit but for want of appropriate sanction to prosecute him under the anti-terror law UAPA.
A day after a full court meeting and to allay the concerns of lawyers and litigants on matters not being taken up for hearing due to paucity of time, the Supreme Court on Wednesday came out with a new mechanism in which a miscellaneous case "not taken up" for hearing will be listed the next day.
In an affidavit filed in the apex court, the Union law ministry rejected the petitioner's claim that the two election commissioners were hastily appointed on March 14 to "pre-empt" the orders of the top court the next day, when the matters challenging the 2023 law were listed for hearing on interim relief.
It also issued notices to the four people who had originally moved the high court against the execution of the MoU on various grounds including that the settlement breached Article 3 of the Constitution.
The Supreme Court on Wednesday asked whether Parliament could have enacted the Jammu and Kashmir Reorganisation Act, which divided the erstwhile state into two Union territories, during the subsistence of President's rule in 2018-2019.
The Supreme Court said on Thursday the surrender of Jammu and Kashmir's sovereignty to India was "absolutely complete" with the accession of the former princely state in October 1947, and it was "really difficult" to say that Article 370 of the Constitution, which accorded special status to the erstwhile state, was permanent in nature.
The Supreme Court on Tuesday asked the Eknath Shinde-led faction if its move to go against the Shiv Sena party's wish to continue with the coalition in the Maha Vikas Aghadi (MVA) amounted to indiscipline leading to disqualification.
Elections in Jammu and Kashmir can be held "anytime from now" as the work on updation of voters list is almost over, the Centre told the Supreme Court on Thursday but remained non-committal about setting a time-frame for restoration of statehood to the Union territory (UT).
Former BCCI president Narayanswami Srinivasan who has been at the centre of attention following Supreme Court's decision to allow modifications relating to the age-cap of 70 years for representation to the International Cricket Council.
The wait continues for the naming of a new Uttar Pradesh lokayukta as a meeting on Sunday to decide on the same failed to do so with the Allahabad high court chief justice questioning the validity of the process.
The Supreme Court on Monday restrained the Centre and Navy from releasing from services some officers (both male and female), who were not granted a permanent commission and sought reply from the Centre.
The top court said that the proceedings initiated in December 2019 were contrary to the law laid down by the Supreme Court and cannot be sustained.
"Journalists are not terrorists," the Supreme Court said on Monday, as it deprecated the Jharkhand police knocking on the door of a scribe of a local Hindi news channel at midnight and dragging him out of his bedroom before placing him under arrest in an extortion case.
The litigation in the present case relates to the existence of two birth certificates of Abdullah Azam who allegedly gave the wrong date of birth while filing his nomination papers for the 2017 poll.
A bench of Justices DY Chandrachud and JB Pardiwala issued notice to Rajasthan and Chhattisgarh governments and said that no action be taken concerning the FIRs lodged in Raipur and at Sikar on the same cause of action.
It said the issues on which opinions have been attributed to him are in the public domain and have been extensively deliberated upon in the media.
He alleged that an officer told him that he would be taken out of jail after two weeks and killed.
The Supreme Court Monday said that making allegations against judges is 'unfortunately' becoming a new fashion now and the stronger the judge, the greater the allegations against him.
A bench headed Chief Justice of India DY Chandrachud agreed to list the matter for hearing on July 28 after senior advocate Anand Grover mentioned it for early hearing.
The top court also stayed the proceedings against a third journalist, an associate editor in the same media house, who was recently summoned by the police in connection with the reports on violence.
A bench headed by Chief Justice of India DY Chandrachud on Friday deferred the hearing on Khera's plea to March 20 after taking note of submissions that senior advocate A M Singhvi, appearing for the Congress leader, was unavailable.
The Supreme Court on Friday extended by two weeks the protection from coercive action it has granted to four members of the Editors Guild of India (EGI) in connection with two first information reports (FIRs) lodged against them in Manipur for allegedly promoting enmity between different groups.
