He could have blazed a trail that few Indian judges had. It was a missed opportunity of a lifetime, notes Ramesh Menon.
'Disturbingly, the dissenting judgment of the Supreme Court has raised doubts whether religion, race, caste, community, language etc can be separated from politics at all. It has rightly underlined that this question should to be addressed by Parliament rather than the Supreme Court,' says Dr Madhav Godbole, the former Union home secretary.
'When it is an open ballot, the division taking place in the open house will be for all to see.' 'As they say sunlight is the best disinfectant, this (aspect of the order) brings in transparency and it's in keeping with the best democratic principles.'
The Supreme Court of India has directed the President to consider the mercy petition of Balwant Singh Rajoana, a death row convict in the 1995 assassination case of former Punjab Chief Minister Beant Singh. The court gave the President two weeks to decide on the plea. Rajoana was sentenced to death in July 2007 for his role in the bombing that killed Beant Singh and 16 others. The Shiromani Gurdwara Parbandhak Committee (SGPC) filed a mercy petition on his behalf in 2012.
'The attack prima facie constitutes an act of cyber-terrorism,' the petition stated, 'that has several grave political and security ramifications, especially considering that the devices of government ministers, senior political figures and Constitutional functionaries which may contain sensitive information have been targeted.'
A bench of Justices Sanjiv Khanna and Dipankar Datta gave liberty to petitioners Internet Freedom Foundation and Criminal Justice and Police Accountability Project, who had jointly filed the petition, to approach the high court.
Justice Sanjiv Khanna 'belongs to that school of legal luminaries who give the highest primacy to facts.'
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 of India has announced its intention to establish an effective mechanism to address caste-based discrimination in educational institutions throughout the country. The court directed the University Grants Commission (UGC) to draft regulations to prevent such discrimination and to provide data on institutions that have implemented equal opportunity cells as mandated by the 2012 UGC equity regulations. The court's decision stems from a public interest litigation filed in 2019 highlighting the prevalence of caste-based discrimination in higher education institutions and its tragic consequences, including the suicides of students like Rohith Vemula and Payal Tadvi.
The Supreme Court on Monday asked National Conference leader Mohammed Akbar Lone to file an affidavit swearing allegiance to the Constitution of India and accepting the country's sovereignty, after the 'Pakistan zindabad' slogan that he allegedly raised in the Jammu and Kashmir assembly in 2018 kicked up a massive row.
Justice BV Nagarathna also partially agreed with the majority verdict but criticised the CJI's views on Justice Iyer's judicial approach in dealing with "material resources" and state's power over them.
He further opined that though as public functionaries, courts were vested with the responsibility to give effect to equity, these judicial bodies were not directly in charge of the manner in which resources were to be distributed.
The top court remarked that there is no place for flamboyance in judiciary.
The fresh application has been filed by Zahoor Ahmad Bhat, an academician, and Khurshaid Ahmad Malik, a socio-political activist, in Jammu and Kashmir seeking restoration of statehood.
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.
Justice Khanna, who will serve as CJI for a little over six months, will demit office on May 13, 2025.
It is equally essential to recognise the judiciary's role in the constitutional dialogue as it acts like a safety valve for fostering our democratic values, she said.
The review pleas filed by advocate Mathews J Nedumpara and others contended that the matter related to the scheme falls in the exclusive domain of legislative and executive policy.
The Supreme Court of India reserved its judgment on Tuesday in a case concerning the termination of two female judicial officers by the Madhya Pradesh High Court. The court had previously stated that judges should avoid social media and expressing opinions on judgments, emphasizing a "hermit life" and "work like a horse" approach. The case involves six women civil judges who were terminated for alleged unsatisfactory performance. Four were subsequently reinstated, but two, Aditi Kumar Sharma and Sarita Chaudhary, remained terminated. The court is considering the cases of these two judges, who joined the Madhya Pradesh judicial service in 2018 and 2017, respectively. The court is also considering arguments regarding potential violations of fundamental rights related to the termination process, including claims of unfair work assessment during maternity and child care leave.
The Supreme Court, examining whether states can sub-classify Scheduled Castes and Scheduled Tribes for grant of quota inside quota, on Wednesday said all SCs and STs may not be homogeneous in terms of their sociological, economic, education and social status.
"The doctrinal error in the Krishna Iyer approach was, postulating a rigid economic theory, which advocates for greater State control over private resources, as the exclusive basis for constitutional governance," the CJI wrote in the 193-page judgment.
The Supreme Court on Monday dedicated a web page containing details of arguments, written submissions and the judgment in the historic Kesavananda Bharati case which laid down the path-breaking concept of the 'Basic Structure' of the Constitution.
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.
During the arguments, the Kejriwal's counsel told the court that the entire case upon the CM rests on statements.
'Many of them are mutilated beyond recognition. Every day an encounter takes place.' 'Bastar has been burnt to ash.'
"Judge Gorsuch has a superb intellect, an unparalleled legal education, and a commitment to interpreting the Constitution according to its text. He will make an incredible Justice as soon as the Senate confirms him," said the US president.
Chief Justice of India DY Chandrachud has set in motion the process of appointment of his successor by recommending to the Centre the name of senior-most Supreme Court judge Justice Sanjiv Khanna.
The Supreme Court on Monday came to the rescue of a Dalit youth, who had lost his seat in IIT Dhanbad after missing the deadline to deposit a fee, by asking the institute to admit him to the BTech course.
The Supreme Court on Monday ordered an SIT investigation into the alleged torture of a woman in police custody following her arrest over protests against the rape and murder of a doctor at R G Kar Medical College and Hospital in Kolkata.
Former Resolution Professional of insolvency-bound edtech firm Byju's has moved appellate tribunal NCLAT challenging disciplinary action recommended against him by the Bengaluru bench of NCLT.
A two-judge bench of the top court in 1981 questioned the correctness of the 1967 verdict holding Aligarh Muslim University not to be a minority institution since it was created by a central law and referred the issue to a larger bench for decision.
The Kerala high court has observed that no religious belief stands above the Constitution.
The Supreme Court criticized the Punjab government for making irresponsible statements regarding farmer leader Jagjit Singh Dallewal's indefinite fast and questioned the intentions of some farmer leaders. The court emphasized that it never directed Dallewal to break his fast but expressed concern for his health and urged medical aid. The bench expressed frustration over the government's attempts to create an impression that they were persuading Dallewal to end his fast, despite the court's directives to provide medical aid.
'Doctors feel they have a duty to prolong a heartbeat at all costs.' 'And a son or a daughter feels, I can't let my mum die. I have to save her at all costs.' 'They think saving is just prolonging life. But the person suffers.'
Tesla owner billionaire Elon Musk and Indian American entrepreneur Vivek Ramaswamy in an op-ed provided an insight into their blueprint for an unprecedented government reform that includes mass federal job cuts and massive expense reduction.
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 Supreme Court raised concerns about a potential stalemate in Tamil Nadu due to the Governor's delay in assenting to bills passed by the state assembly. The court questioned the Governor's actions, noting that he should have communicated his concerns about the bills' constitutionality to the state government. The case focuses on the delicate balance of power between the state government and the Governor, highlighting the importance of open communication and transparency in the legislative process.
Chief Justice of India-designate Sanjiv Khanna on Friday lauded CJI D Y Chandrachud for his "monumental" contribution, saying he worked on a mission to improve the apex court and pursued his goal of making it "a sanctuary of inclusivity", which was accessible to all.
He said the resolution was not part of the assembly's listed business and reflects the mindset of the newly-elected government in the Union Territory.
Is there no mechanism to abrogate Article 370 even when the people of Jammu and Kashmir want it, the Supreme Court asked on Thursday and wondered if the now repealed provision can't be touched, will it not amount to creating a "new category" beyond the basic structure of the Constitution.
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